Public Notice Notifications

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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-2021-01463 (SP-JRP)

USACE - Regulatory
Published Aug. 18, 2021
Expiration date: 9/1/2021

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: The Boathouse Marina, LLC.
                      c/o Mr. Scott Lagassee
                      71 Carrera Street
                      St. Augustine, Florida 32084

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 329 River Street (Putnam County Property Appraiser – Parcel Identification Number 42-10-27-6850-0000-0140), in Section 42, Township 10 South, Range 27 East, Palatka, Putnam County, Florida.

Directions to the site are as follows: To access the site from downtown Jacksonville, take I-95 South to FL-207 South in St. Johns County (Exit 311). Continue on FL-207 South for 19.2 miles to US-17 North for 2.2 miles. Then turn left onto North 3rd Street, then continue onto River Street in Palatka. The property is located on River Street on the left.

                                                                         Longitude -81.632248°

PROJECT PURPOSE: The purpose of the project is for access to navigable waters.

Basic: The project purpose is to provide additional vessel mooring and access to navigable waters.

Overall: The overall project purpose is to expand an existing commercial maria within the St. Johns River and located at 329 River Street, Palatka, Putnam County, Florida.

EXISTING CONDITIONS: The project is located in a riverine tidal system. The marina has been in existence since the early 1900’s and previously was a marina and boat yard. The marina is used for wet slip rentals for recreational vessels and live-aboard vessels that include within-slip pump out, water and electric for each boat slip, and the adjacent uplands have restrooms and laundry facilities. All slips are open to the public on a first come first serve basis. The existing facility consists of an 8-foot by 25-foot boat ramp with a 3-foot by 110-foot pier for temporary mooring of vessels on the southwest side of the property, a 12-foot by 49-foot boat ramp with a 3-foot by 20-foot pier for launching of trailed vessels on the northeast side of the property, a 4-foot by 110-foot access pier with three 3-foot by 13-foot catwalks between slips and terminating at a “L” shape with a 4-foot by 25-foot catwalk for a total mooring capacity of 7 vessels, a 20-foot by 130-foot pier that leads to a 7-foot by 250-foot pier with seven 3-foot by 10-foot catwalks, six 3-foot by 30-foot catwalks, one 3-foot by 40-foot catwalk, one 3-foot by 50-foot catwalk, and terminating at a “T” shape which is 10-foot by 100-foot for a total mooring capacity of 31 vessels. There are no boat lifts or travel hoists. No submerged aquatic vegetation is within the project area. The marina has no prior permitting history with the Corps; however, there is a Florida Department of Environmental Protection (FDEP) sovereign submerged land lease under BOT# 540022112 FDEP Site # 55-0201338-001-EI. In this area, there is a public dock and boat ramp (Palatka City Dock and Boat ramp) to the North and there are single family homes with docks within the area. The public dock is approximately 350-feet long, and the single-family docks are 40-feet to 120-feet long, as measured from the shoreline to the terminating end. The St. Johns River is approximately 1.04 miles wide in this section. The overall length of the dock including the addition will be 473.3-feet into the channel, which leaves just over 91 percent of the open-water portion of the waterbody available for public use.

PROPOSED WORK: The applicant seeks authorization to request an after-the-fact permit for the existing boat ramps and existing piers which includes 38 slips, and to request a permit to expand the marina by constructing 8 additional slips. The proposed addition would include a 5-foot by 30-foot gangway leading to an 8-foot by 59.3-foot floating pier with two 5-foot by 40-foot floating catwalks and terminates in a “T” shape platform that is 10-foot by 88-foot. The proposed additions would result in 46 wet slips.

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:

Due to the nature of the work (constructing a dock), the applicant could not avoid working within waters of the United States. Although the effects of the proposed floating dock addition would be permanent in the location of the proposed work, the effects are expected to be negligible because the applicant would implement best management practices to minimize secondary impacts. The proposed docking addition would not affect submerged or emergent aquatic vegetation as none is present at the proposed location. The applicant is not proposing any fill of wetlands or surface waters. No mitigation is proposed because the project would not result in the loss of aquatic resources.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

The applicant is not proposing wetland mitigation because they are not proposing any dredge or fill of wetlands or surface waters.

CULTURAL RESOURCES: The Corps has determined the permit area and the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.


a. The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichecus manatus). The project site is within an area accessible to manatees; therefore, this species may be present at the project site. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, to determine potential effects upon this species. Use of this key resulted in the sequential determination A-B-C-G-H-I-J-L-N-O-P4 – May affect, not likely to adversely affect. This determination is based on the applicant adhering to the Standard Manatee Conditions for In-Water Work, 2011. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of May affect, not likely to adversely affect based on the key for manatees; and, that no additional consultation is necessary.

b. The Corps has determined the proposed project may affect, but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata). Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and shortnose sturgeon (Pristis pectinata). The Corps evaluated the proposed work utilizing National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp’s Ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson’s seagrass; sturgeon (Gulf shortnose, and Atlantic); corals (elkhorn, staghorn, Boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson’s seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act (ESA). Based on past permitting practices of the Corps and review of consultations with similar in water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in water construction activities. These PDCs ensure effects of in water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of designated critical habitat. For this verification, the Corps conducted a project specific review to ensure that all of the PDCs were met. In accordance with the project specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity were emailed to and on 3 August 2021. Therefore, the Jacksonville District satisfied the project specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above listed species and critical habitats within the NMFS purview.

c. The Corps has determined the proposed project is not likely to adversely affect the Red Cockaded Woodpecker (Picoides borealis). The project site is within a consultation area identified by the Corps and the FWS for Red Cockaded Woodpecker. Therefore, this species may utilize the project site. Habitat for Red Cockaded Woodpecker typically incorporates mature pine woodlands (not wetlands); and, optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass and shrub species. Nesting and roosting occur in cavity trees that are almost exclusively old, living, flat-topped pine trees. The project site does not encompass typical or optimum habitat; or, trees capable of supporting cavities. It is likely that this species only opportunistically forages at the site. However, the proposed project would not preclude opportunistic foraging in the vicinity of the project site. Therefore, the Corps concludes that the project would have no effect on this species.

d. The Corps has determined the proposed project is not likely to adversely affect the Eastern Indigo Snake (Drymarchon corais couperi). The proposed work is connected to an upland area; therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequential determination A-no effect. The FWS previously indicated that they concur with determinations of no effect, based on the key for eastern indigo snake; and, that no additional consultation is necessary.

e. The Corps executed a Resources at Risk (RAR) report on 5 May 2021. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any other federally listed, threatened, or endangered species.

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. The proposal would impact approximately 0.04 acres of riverine habitat utilized by various life stages of the bull shark, blue fish, summer flounder, shrimp, and grouper. 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.

NAVIGATION: The project is not located adjacent to a federal channel.

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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207 within 15 days from the date of this notice.

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.

QUESTIONS concerning this application should be directed to the project manager, Janice Price, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at; by facsimile transmission at (904) 232-1904; or, by telephone at (904)570-4542.

ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.

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. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

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 in order 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.