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-2022-00800(SP-MCA)

CESAJ-RD-SM
Published July 27, 2022
Expiration date: 8/17/2022

 

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) as described below:

 

APPLICANT:  Charles & Constance Smith

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Atlantic Ocean.  The project site is located at 162 Corrine Place, in Section 33, Township 61 South, Range 29 East, Key Largo, Monroe County, FL, 33037. RE/00498180-000000

 

Directions to the site are as follows:  US Highway No 1 South to mile marker 99. Right at Ocean Bay Drive. Left at Corrine Place.

 

APPROXIMATE CENTRAL COORDINATES:         Latitude           25.084575°

                                                                                Longitude -80.440250°

 

PROJECT PURPOSE: The purpose of the project is to place fill for a single-family residence and appurtenances.

Basic:  Provide for a single-family residence.

Overall:  To provide for a single-family residence in Key Largo, Monroe County, FL.

 

EXISTING CONDITIONS:  The wetland system consists of a saltwater system.  The onsite vegetation consists of black mangrove, white mangrove, green buttonwood, indigoberry and Spanish stopper.  The existing area surrounding the project area consists of a residential area. No corals or seagrasses were indicated to be onsite.

 

PROPOSED WORK:  The applicant seeks authorization to do a proposed fill of 8,785 SF/100CY, to provide boulders to retain fill, and to provide temporary filter fence during construction.

 

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:

Prior to the start of construction, turbidity curtains will be deployed to isolate the construction site from ambient waters. These will remain in place until all

construction induced turbidity has subsided and water quality has returned to pre-construction conditions. The applicant agrees to comply with the “Standard Manatee Conditions for In-Water Work – 2011”. The applicant agrees to comply with the “Sea Turtle and Smalltooth Sawfish Construction Conditions”. The applicant agrees to comply with the “Eastern Indigo Snake Guidelines”. The applicant has an avoided area of 750 SF of wetland shoreline vegetation.

 

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

If mitigation is required by the Army Corps of Engineers the appropriate mitigation will be determined with a UMAM and payment made to Keys Restoration Fund. If mitigation is required by the D.E.P. we propose payment to the Everglades Mitigation Bank.

 

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, but is not likely to adversely affect the endangered species or its designated critical habitat. The Corps requested Fish and Wildlife Service's concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter. The real estate parcel number is RE/00498180-000000 and is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.

West Indian Manatee (Trichechus manatus): Potential impacts to the endangered West Indian manatee were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of the Key resulted in the sequence A (1), “no effect”, where no further consultation with the Service is necessary. This determination is based on no in-water work proposed. Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service is required.

American crocodile (Crocodylus acutus): The project is located within American crocodile consultation area.  According to the 28 October 2014 American Crocodile Key, the property does not support suitable nesting habitat for the crocodile as the shoreline is densely vegetated and/or hardened. Use of the Key resulted in the sequence #2. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its suitable nesting habitat. No further consultation with the FWS is required for the American crocodile.

Piping Plover (Charadrius melodus) and Roseate Tern (Sterna dougallii): According to the Multi species recovery plan the aforementioned species do not breed in Florida, but may winter in Florida.  The PCEs for the species are found in geographically dynamic coastal areas that support intertidal beaches and flats (between annual low tide and annual high tide), and associated dune systems and flats above annual high tide. The project site is not within optimal habitat for these species as the project is located within a canal system or dredged channel. Based on information available a no effect determination has been reached on these species and its native habitat. No further consultation with the FWS is required.

Key Largo woodrat (Neotoma floridana smalli) and Key Largo cotton mouse (Peromyscus gossypinus allapaticola): The real estate parcel number is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the KLCM & KLWR; however, the RAR lists the species with the RAR buffer area. As such, potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated 29 July 2013. Use of the SAGs resulted in the following sequential determination: A (2), “no effect”. No further consultation with the FWS is required.

Schaus swallowtail butterfly (Heraclides aristodemus ponceanus):  The real estate parcel number is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the SSB; however, the RAR lists the species with the RAR buffer area. As such, potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated 29 July 2013. Use of the SAGs resulted in the following sequential determination: A (1), “no effect”. No further consultation with the FWS is required.

Wood Stork (Mycteria Americana): The Google Earth Resource at Risk (RAR) report for the subject parcel includes the wood stork nesting colonies buffers and single buffer.  Potential impacts to the wood stork were evaluated using the Wood Stork Effect Determination Key dated 18 May 2010 (key).  Use of the key resulted in the following sequential determination: A (3), “no effect” for the wood stork.  This determination is based on the project not affecting suitable foraging habitat (SFH); therefore no further consultation with the FWS is required.

The Corps has determined that the project will have no effect on any other listed threatened or endangered species, and/or designated critical habitat.

The Corps has determined the proposed project will have no effect the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata), and Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on Acorpora sp. and its designated critical habitat, loggerhead sea turtle and smalltooth sawfish critical habitat, and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). The Corps has concurrence with this determination since no water work 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.  The proposal would impact approximately 0sqft of mangrove shoreline utilized by various life stages of marine life.  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 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/has not] 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 Florida Keys Permits Section 9900 Southwest 107 Avenue, Suite 203, Miami, Florida, 33176, within 21 days from the date of this notice (i.e. on or before August 17, 2022)

 

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, Maena C Angelotti, in writing at the Florida Keys Permits Section 9900 Southwest 107th Avenue, Suite 203, Miami, Florida, 33176; by electronic mail at Maena.C.Angelotti@usace.army.mil; or, by telephone at (305)-526-7183.

 

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.

 

WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Department of Environmental Protection.

 

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.