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-2006-06017(RGP-JLC)

Jacksonville District
Published Oct. 3, 2022
Expiration date: 11/2/2022

TO WHOM IT MAY CONCERN:

To simplify and speed processing of Department of the Army permits for minor, substantially similar in-water activities, the Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to combine Regional General Permits (RGPs) SAJ-20 (Private Residential Docks/Pier Facilities and Minor Structures in Florida), SAJ-33 (Private Multi-Family Piers, Government Piers, or Commercial Piers in Florida) and SAJ-72 (Residential Docks in Citrus County, Florida) into the reissuance of RGP SAJ-20. The combined reissuance of SAJ-20 would authorize docks/piers and associated minor structures in Florida.

The current RGP is set to expire on March 27, 2023. The proposed reissuance removes certain geographic exclusion areas and adds the activities of multi-family, government and commercial dock facilities. The proposed reissuance also updates and reorganizes the terms and conditions. The draft SAJ-20 is included at the end of this public notice.

The list of minor activities that would be covered under the SAJ-20 include the following, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403):

Single-family residential dock facilities, designed to accommodate not more than four motorized vessels, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways (as long as they are designed and clearly marked to prohibit fish and vessel mooring), mooring pilings, dolphins, and maintenance and removal of same.

Multi-family residential dock facilities, government dock facilities, and commercial dock facilities, designed to accommodate not more than five motorized vessels unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways (as long as they are designed and clearly marked to prohibit fish and vessel mooring), mooring pilings, dolphins, and maintenance and removal of same.

Other minor structures:

single mooring pilings;

small mooring dolphins (not to exceed a cluster of four);

non-commercial information signage;

boat lifts, hoists, davits, etc.

other minor structures that would have less environmental impact than a small dock.

The list of activities would occur within navigable waters of the United States in Florida, not including geographic exclusion areas listed in the permit or areas otherwise excluded by the terms and conditions of the permit.

BACKGROUND:

On March 27, 2018, the Corps reissued the RGP SAJ-20 for private residential docks/pier facilities and minor structures in Florida. The SAJ-20 was originally issued in the mid-1970s pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. The 2018 reissuance of the SAJ-20 was a combined reissuance of the SAJ-20 and the SAJ-17, which authorized minor piling-supported structures in Florida. The combined reissuance retained the identification number “SAJ-20.” According to the Corps’ permitting database, during the period of March 27, 2018, through September 16, 2022, RGP SAJ-20 has been utilized a total of 7,219 times.

On July 24, 2018, the Corps reissued the RGP SAJ-33 for private multi-family piers, government piers and commercial piers in Florida. This RGP was originally issued in 2007 pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. According to the Corps’ permitting database, during the period of July 24, 2018, through September 16, 2022, RGP SAJ-33 has been utilized a total of 250 times.

On October 04, 2018, the Corps reissued the RGP SAJ-72 for residential docks in Citrus County, Florida. This RGP was originally issued in 1996 pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. According to the Corps’ permitting database, during the period of October 04, 2018, through September 16, 2022, RGP SAJ-72 has been utilized a total of 484 times.

The Corps anticipates continued utilization of the SAJ-20 to address future requests for minor work within the authorized geographic area. This RGP improves efficiencies for the review and verification of minor activities, thus improving service to the regulated public. This RGP will be coordinated with Federal and State resource agencies to address Federal laws such as the National Historic Preservation Act and the Fish and Wildlife Coordination Act.

The term “General Permit” means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits are a way to reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. After five years general permits may be re-issued, suspended, or revoked.

An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via an individual permit, but the application must be individually evaluated and coordinated with third parties, including the federal and state resource agencies. Review of an application for an individual permit takes additional time to complete as conflict resolution may be required.

AVOIDANCE AND MINIMIZATION INFORMATION:

The SAJ-20 would authorize activities that are minor and commonplace. The proposed terms and conditions of the SAJ-20 require activities proposed for authorization to be minimal in nature and avoid aquatic resources to the maximum extent.

COMPENSATORY MITIGATION:

The SAJ-20 would not authorize activities which would result in adverse impacts to wetlands or any other special aquatic sites. Due to the minor nature of impacts, no compensatory mitigation will be required for the proposed activities.

CULTURAL RESOURCES: 

The Corps has determined that the reissuance of the RGP SAJ-20 has “no effect” on historic properties. Each activity proposed for authorization under the SAJ-20 will be evaluated for compliance with Section 106 of the National Historic Preservation Act (NHPA) and the guidelines of 33 CFR Part 325, Appendix C.

For each activity proposed for authorization under the SAJ-20, the Corps will conduct an individual evaluation of the activity’s potential effects to historic properties and Tribal resources, in accordance with Section 106 of the NHPA and Tribal Trust responsibilities.

No activity shall be authorized under this RGP which is likely to adversely affect historic properties listed on, or eligible for listing on the National Register of Historic Places.

If the proposed activity requires consultation under the NHPA, the proposed activity cannot be authorized under this RGP until consultation with the State Historic Preservation Office and other appropriate consulting parties is initiated and concludes with a determination that the activity has little likelihood to affect a historic property.

ENDANGERED SPECIES: 

The Corps has determined that the reissuance of the RGP SAJ-20 has “no effect” on listed species or designated critical habitat. Each activity proposed for authorization under the SAJ-20 will be evaluated for compliance with the Endangered Species Act.

For species and critical habitat within the U.S. Fish and Wildlife Service’s purview:

For each activity proposed for authorization under the SAJ-20, the Corps will conduct an individual evaluation of the activity’s potential effects to federally listed threatened or endangered species or species proposed for such designation, and designated critical habitat or proposed designated critical habitat, in accordance with Section 7 of the Endangered Species Act.

No activity shall be authorized under this RGP which is likely to adversely affect any federally listed threatened or endangered species or a species proposed for such designation, or destroy or adversely modify designated critical habitat or proposed designated critical habitat.

If the proposed activity requires consultation under the Endangered Species Act with the U.S. Fish and Wildlife Service on any federally listed species or species proposed for federal listing, or designated critical habitat or proposed designated critical habitat, the proposed activity cannot be authorized under this RGP until consultation is requested and concludes with a determination that the activity is “not likely to adversely affect” listed species and will not result in destruction or adverse modification to critical habitat.

The Corps will utilize available programmatic consultations and tools such as effect determination keys, Species Assessment Guides and Standard Local Operating Procedures for Endangered Species to the maximum extent.

For species and critical habitat within the National Marine Fisheries Service’s purview:

For each activity proposed for authorization under the SAJ-20, the Corps will conduct an individual evaluation of the activity’s compliance with the Jacksonville District Programmatic Biological Opinion (JAXBO). Activities must comply with the JAXBO (or JAXBO Superseding Process) in order to be eligible for authorization under the SAJ-20.

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 reissuance of the SAJ-20 and subsequent activities to be authorized under the SAJ-20 would not have a substantial adverse impact on EFH or Federally managed fisheries in the state of Florida given the proposed conditions of the SAJ-20 which limit the use of the SAJ-20 to activities which do not result in direct or indirect adverse impacts to EFH. 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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of Jessica Cordwell at Jessica.L.Cordwell@usace.army.mil within 30 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, Jessica Cordwell, by electronic mail at Jessica.L.Cordwell@usace.army.mil, or by telephone at (813)769-7067. 

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 U.S. 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:

The Corps will request general water quality certification from the Florida Department of Environmental Protection.

COASTAL ZONE MANAGEMENT CONSISTENCY:

The Corps will request general coastal zone consistency concurrence from the Florida Department of Environmental Protection.  

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.