Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2021-02170 (SP-BJC)

USACE - Regulatory
Published Aug. 12, 2021
Expiration date: 9/3/2021

TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Mr. George Taratus
                      521 Herton Road
                      Jacksonville, Florida 32258

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 106 Pioneer Trail, in Section 10, Township 8 South, Range 27 East, Palatka, Putnam County, Florida.

Directions to the site are as follows: From downtown Palatka, Florida take U.S. Highway 17, North until the intersection of Palmetto Bluff Road and turn right. Proceed until the intersection of County Road 209 (West Tocoi Road) and turn left. Proceed until the intersection of Eagle Creek and turn right. Proceed until the intersection of Jondabob Road and turn left. Proceed until the intersection of Deer Run Road. The road ends onto Pioneer Trail. The project is directly across from this intersection.

APPROXIMATE CENTRAL COORDINATES: Latitude 29.814440°
                                                                         Longitude - 81.590094°

PROJECT PURPOSE:

Basic: The basic project purpose is residential development.

Overall: The overall project purpose is construction of a single-family residence with access to navigable waterways in northeast Putnam County.

EXISTING CONDITIONS: The property is characterized as three generalized land use/cover types per the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).

a. Temperate Hardwood (FLUCFCS 425) – This community has a mixed canopy of live oak (Quercus virginiana), pignut hickory (Carya glabra), southern red cedar
(Juniperus silicicola), southern magnolia (Magnolia grandiflora), and cabbage palm (Sabal palmetto). The understory is comprised of scattered saw palmetto (Serenoa repens), beautyberry (Callicarpa americana), and yaupon holly (Ilex vomitoria), with minimal groundcover due to a dense canopy.

b. Bottomland (FLUCFCS 615) – This community, often referred to as a bottomland of stream hardwoods, is found at this site on a river flood plain/overflow area. A
wide variety of predominantly hardwood species occur here, including red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), blackgum (Nyssa sylvatica var.
biflora), and water oak (Quercus nigra) as well as willows, bays, water ash, and cypress. The understory is sparse.

PROPOSED WORK: The applicant seeks authorization to discharge clean fill material into 0.23-acre of palustrine-forested wetlands to facilitate the construction of single-family residence with amenities. In addition, the applicant would construct a roofed docking structure with boat lift extending 690 feet waterward from the mean high-water line.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“The project site contains +/- 0.91 acre of ACOE jurisdictional wetlands. The applicant proposes to fill 0.23 acre of wetlands for the placement of a single-family home. The western extent of the proposed residence is set back 100 feet further to the west (less impact) than the neighboring residence to the north. In fact, the proposed residence’s eastward footprint ends where the northern lot house starts. Additionally, although the applicant’s proposed house extends further east than the homes to the south, it is larger and starts westward than those houses as well. The applicant believes their house represents a general alignment with neighboring houses as far as setbacks from the neighborhood roadway and amount of wetland fill. They can be seen on Google Earth where the proposed house proposes fill/lot depth generally in line with all neighbors along Pioneer Trail. In fact, they are proposing less wetland fill than the residence to the north. Lastly, the lot was purchased in 2019 after the applicant hired a septic specialist to delineate their site. The delineation was (incorrectly set) +/- 200 feet further eastward.
This incorrect delineation depicted +/- 0.47 acre of additional uplands than the CES delineation. Based on the incorrect delineation, the applicant applied for a local Putnam County building permit. The County contacted FDEP to review the line and it was found to be incorrect and thus CES was hired in which we performed the current proposed delineation. Noting the above information, the applicant believes they will not be able to further minimize their wetland impacts as they purchased the land based on an incorrect delineation and are proposing a “typical” layout for that neighborhood.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

“To offset the 0.23-acre of wetland fill, the applicant proposes to purchase 0.18 WRAP mitigation bank credits from an approved mitigation bank. Please see the attached WRAP sheets.”

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Eastern Indigo Snake (Drymarchon corais couperi), Green Sea Turtle (Chelonia mydas), Loggerhead Sea Turtle (Caretta caretta), Hawksbill Sea Turtle (Eretmochelys imbricata), Kemp’s Ridley Sea Turtle (Lepidochelys kempii), Leatherback Sea Turtle (Dermochelys coriacea), Atlantic Sturgeon (Acipenser oxyrhynchus oxyrhynchus), Smalltooth Sawfish (Pristis pectinata), and Shortnose Sturgeon (Acipenser brevirostrum), or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the St. Johns River. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

COMMENTS and/or QUESTIONS concerning this application should be directed to the project manager, Mr. Brad Carey, by electronic mail at Brad.J.Carey@usace.army.mil; or, by telephone at (904) 232-2405 within 21 days from the date of this notice.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.

The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.