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-2012-02902-VG

Jacksonville District
Published June 24, 2022
Expiration date: 7/23/2022

TO WHOM IT MAY CONCERN:  The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a complete preliminary mitigation plan for a site proposed to be established under the framework of the approved Keys Restoration Fund (KRF) In-Lieu Fee (ILF) pursuant to the 2008 Compensatory Mitigation for Losses of Aquatic Resources regulations (33 CFR Part 332) as described below:

SPONSOR:          Coastal Resources Group

                             c/o Laura Flynn

                            11449 Calhoun Ct.

                            Venice, Florida 34293

LOCATION:  The proposed project, identified as the Shaw Tract Tidal Wetland and Seagrass Compensatory Mitigation Preliminary Project Proposal (STTWS) is located east of US Highway 1 at approximately mile marker 102.5 on the western shoreline of Largo Sound, Key Largo.  More specifically, the proposed STTWS, which is approximately 13.5 acres in size, is located within Section 14, of Township 61 south, and Range 39 east, Monroe County, Florida.

APPROXIMATE CENTRAL COORDINATES:         Latitude:               25.128897°

                                                                                 Longitude:           -80.404236°

PROJECT SUMMARY:  Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the STTWS preliminary mitigation plan online so that it is available for review by the public.  The preliminary mitigation plan may be downloaded from the Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) at web address: https://ribits.ops.usace.army.mil/ords/f?p=107:2.

Once on the RIBITS homepage, select "Jacksonville" from the "ALL DISTRICTS" drop down menu located in the lower left corner of the screen.  Once the district filter has been selected, click on the “ILF Programs” link located in the Navigation box (left corner).  This will generate a list of projects, scroll down the list and click on the “Keys Restoration Fund” link.  This will also generate a list of project sites, click on the ILF-KRF-Shaw Tract. Once the project has been selected, click on the "Cyber Repository" link located on the menu bar above the General Information box, then click on the Preliminary Mitigation Plan documents folder to access the STTWS Preliminary Mitigation Plan.

If you are unable to access the web address, a copy of the mitigation plan is available upon request to the project manager listed at the end of this public notice.

PROJECT GOALS AND OBJECTIVES:  The Sponsor seeks authorization to re-establish, rehabilitate, enhance and preserve wetlands and seagrass habitats within an approximately 13.5 acre project site.  The primary ecological goal of the STTWS mitigation plan is to restore the mangrove and seagrass habitats were dredged and filled during the 1950’s for development resulting in displaced mangrove and seagrass along the shoreline. Specific objectives include:

Re-establishment of approximately 6.8 acres of mangrove by the removal of upland fill to elevations required to sustain healthy mangrove habitat.

Enhancement of approximately 1.6 acres of mangrove wetlands associated with the res-establishment of natural tidal exchange.

Rehabilitation of approximately 4.4 acres of submerged lands by the combined effort of fill removal and fill deposition. The nearshore dredged hole, which is approximately 80 ft wide by 800 ft long with depths ranging from about -10 feet to -20 feet North American Vertical Datum (NAVD), will be backfilled using excavated fill from the site until the dredge hole is raised to elevations matching adjacent seagrass habitat (approx. -3 ft to -4 ft NAVD).

Preservation of approximately 0.7 acres of mangrove.

ECOLOGICAL SUITABILITY OF THE SITE:  A review of available information and historical aerial imagery (1945) indicates that the shoreline was dominated with mangrove and the historic shoreline was located further to the west than it is presently. The 1945 photograph also indicates that there was seagrass immediately offshore. Current habitats within the project boundary include fringe mangroves, uplands (previously filled mangroves and seagrass), and submerged unconsolidated bottom in the dredged area.

ESTABLISHMENT AND OPERATION OF THE PROJECT:  The proposed STTWS project would be established and operated by Coastal Resources Group, Inc. as the Sponsor. The property that comprises the STTWS project is owned by the Board of Trustees of the Internal Improvement Trust Fund and is managed by the Florida Department of Environmental Protection, Division of Recreation and Parks as part of John Pennekamp Coral Reef State Park. The SWTTWS project is proposed to be established as a single and complete project under the KRF ILF program. Following successful implementation and attainment of final success criteria, long-term management activities will be implemented to ensure the sustainability of the STTWS project.

PROPOSED SERVICE AREA:  The project is located within the upper Keys Service Area, which extends from Key Largo to Pigeon Key, as defined in the KRF ILF Program Instrument.

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 American crocodile (Crocodylus acutus)

Cape Sable Thoroughwort (Chromolaena frustrata), Florida semaphore cactus (Consolea corallicola), Piping Plover (Charadrius melodus), Key Largo Woodrat (Neotoma floridana smalli), West Indian Manatee (Trichechus manatus), Schaus Swallowtail Butterfly  (Papilio aristodemus), Key Largo Cotton Mouse (Peromyscus gossypinus allapaticola), Wood stork (Mycteria americana), or their 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 by separate letter.

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 Florida Keys.  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 Sponsor 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 Sponsor.  This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.

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.

COMMENTS:  Comments regarding the proposed mitigation plan should be submitted in writing to the District Engineer at the address below within 30 days from the date of this notice.

The initial evaluation pertaining to whether or not this mitigation proposal has the potential for providing compensatory mitigation for activities authorized by issued Department of the Army permits will be based on the information contained in the preliminary mitigation plan, comments received from this public notice and obtained during an inspection of the project site. 

If you have any questions concerning this proposed project, you may contact Vivian Gerena by electronic mail at Vivian.gerena@usace.army.mil, or by telephone at 904-232-2209 or at the following address:

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

P. O. BOX 4970

JACKSONVILLE, FLORIDA 32232-0019

IMPACT ON NATURAL RESOURCES:  Preliminary review of this application indicates that an Environmental Impact Statement will not be required.  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.  By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

EVALUATION:  After the end of the comment period, the District Engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by Department of the Army permits.  That determination 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.  Factors relevant to the proposal will be considered including 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.  

The 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 proposed activity.  All comments received will be considered by the Corps during the formulation of the initial determination of potential for 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.