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.

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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-2012-03251 (SP-EWG)

Published May 20, 2022
Expiration date: 6/10/2022

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:

John Chappie
Mayor of Bradenton Beach
107 Gulf Drive North
Bradenton Beach, Florida 34217

WATERWAY AND LOCATION: The project would affect waters of the United States
associated with Anna Maria Sound. The project site is located at the City Pier, 200
Bridge Street, in Section 4, Township 35 South, Range 16 East, Bradenton Beach,
Manatee County, Florida.

Directions to the site are as follows: I-75 to SR 64 and head East towards Anna Maria
Island. Turn left (south) on Gulf Blvd. and make a left on to Bridge Street.

Latitude 27.466367°
Longitude -82.694669°

PROJECT PURPOSE: Expand existing docking facility.
Basic: Dock
Overall: Add and additional 5 slips to the City Pier

EXISTING CONDITIONS: The existing area surrounding the project area consists of Bradenton Beach City Pier. The City Pier was formerly known as Section 13040-175 and 1304-201 of the “Old Manatee County Bridge” State Road 684 and subsequently known as the Bradenton Beach Free Fishing Pier. On June 11, 1965, the State of Florida disclaimed and dedicated all rights and interest to the submerged lands lying beneath the structure known as the Bradenton Beach Free Fishing Pier as well as the structure situated thereon. The City replaced the previous floating docks that paralleled the pier on the South side. The previous floating dock was either damaged or destroyed from storms occurring over the last 5+ years. The replacement dock activities were completed based on an ERP Exemption and associated SPGP issued by FDEP in August 2016, File No. 41-0261239-005-EE. The replacement dock consisted of ten (10) floating sections that vary in size to accommodate tie-ups for larger and smaller vessels.

On October 24, 2019, the Corps authorized the installation of nine (9) new four (4) foot by thirty-one (31) foot floating finger docks that will anchor to the replacement dock on the south side of the pier (SPGP authorization, File No. 41-0261239-005-EE). These finger docks have a total of fifteen (15) "day dock" slips (6 existing / 9 new). On December 29, 2020, the Corps modified the permit to relocate the permitted police boat lift from the north side of the pier to the south side of the pier.

PROPOSED WORK: The applicant seeks authorization to add an 85.3 foot by 10 foot (853 square foot) floating dock, with four (4) additional four (4) foot by thirty-one (31) foot floating finger piers to the existing 3,548 square foot floating dock. The proposed project would remove nine (9) ten (10) inch piles and secure the proposed floating dock with thirteen (13) twelve (12) inch composite piles. Additionally, the proposal would add fourteen (14) twelve (12) inch diameter composite mooring piles to the previously authorized floating dock and install four (4) twelve (12) inch diameter mooring piles to the new proposed floating dock (18 total piles). The proposed floating dock will accommodate five (5) slips.

The City proposes no overnight usage of these slips. Extensive signage and enforcement will ensure that these slips are not used overnight. All piles will be jetted to set and driven via impact hammer to appropriate depths. All installations would be done with the use of a barge. No work will be done directly in areas of submerged aquatic vegetation (SAV). Project in-water work is expected to take 1 week.

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: No work will be done directly in areas of submerged aquatic vegetation (SAV).

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The project is regulated under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). No compensatory
mitigation is required.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project “May affect, not likely to adversely affect” the West Indian manatee (Trichechus manatus). Potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: (A>B>C>G>H>I>J>L>M>N> May Affect). Per Key stipulation, informal consultation with FWS is required, and will be done through a separate letter.

The Corps has determined the proposed project may affect but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata), green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), and Kemp’s ridley sea turtles (Lepidochelys kempii). The Corps will initiate programmatic consultation via e-mail with National Marine Fisheries Service- Protected Resources Division. The Corps will provide certification that the project will be implemented in accordance with the Project Design Criterion (PDC) and certification that the net effects are consistent with those anticipated in the programmatic consultation document.

The Corps evaluated the proposed work utilizing NMFS’s 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. 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 CH. 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 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.

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 12 square feet of shallow submerged nearshore habitat. No seagrasses, mangrove, hardbottom, or coral will be impacted in the construction of this project. Our initial determination is that the proposed action would not have an adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 1,255 feet away from the near bottom edge of the Intracoastal Waterway 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 been verified by Corps personnel.

COMMENTS: regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 within 21 days from the date of this notice. Comments can also be submitted by electronic mail to with the project number, SAJ-2012-03251, in the subject line.

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, Edgar W. Garcia by electronic mail at, or by telephone at 813-769-7062, or in writing at the Tampa Permits Office at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610.

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 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.