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-2024-01671 (SP-KAC)

U. S. Army Corps of Engineers
Published Oct. 8, 2024
Expiration date: 10/29/2024

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).

APPLICANT:  David McNabb
White Oak Development LTD
10603 Riverbank Terrace
Bradenton, FL 34212
 

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with the Braden River.  The project site is located south of the intersection of Ranch Lake Blvd and Linger Lodge Road, in Section 25, Township 35S and Range 18 E in Bradenton, Manatee County, Florida.

Directions to the site are as follows:  From I-75 north, take exit 217 for State Road 70 and head east for 0.3 miles. Turn right on Ranch Lake Boulevard and travel 2 miles south to Linger Lodge Road. The Linger Lodge Townhomes project site is located on the south side of Linger Lodge Road.

APPROXIMATE CENTRAL COORDINATES: 
Latitude     27.4160
Longitude -82.4543
 
PROJECT PURPOSE:  Basic:  To construct a single-family residential development.
 

Overall:  The construction of a single-family housing development within Bradenton, Manatee County, near I-75. 

EXISTING CONDITIONS:  The proposed project area is approximately 34.5 acres. The project area has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS).

Uplands:
Residential, Low Density (Less Than Two Dwelling Units per Acre) (FLUCFCS 110):
This land use is comprised of two single family homes on the eastern side of the property with dirt driveways and maintained lawns. The vegetation within this land use area is dominated by noncontinuous canopy of laurel oak (Quercus laurifolia), live oak (Quercus virginiana), and longleaf pine (Pinus palustrus). Groundcover species consists of bahiagrass (Paspalum notatum) with scattered caesarweed (Urena lobata), greenbrier (Smilax bona-nox), muscadine grape (Vitis rotundifolia), and poison ivy (Toxicodendron radicans).
 
Open Land (FLUCFCS 190):
This land use is comprised of the undeveloped southeastern section of the property and is dominated by bare ground. When present, the vegetation is comprised of bahiagrass, greenbrier, blackberry (Rubus sp.), hog plum (Ximenia americana), and broomsedges (Andropogon sp.).
 
Pine Flatwoods (FLUCFCS 411):
This land use is comprised of the forested area on the western side of the property where longleaf pines dominate. The understory consists of saw palmetto (Serenoa repens), wax myrtle (Morella cerifera), gallberry (Ilex glabra), blackberry, Virginia creeper (Parthenocissus quinquefolia), and poison ivy.
 
Upland Hardwood-Coniferous Mix (FLUCFCS 434)
This land use is comprised of the forested area found on the eastern side of the property where neither upland conifers nor hardwoods are dominant. The vegetation within this land use is comprised of longleaf pine, live oak, laurel oak, beautyberry (Callicarpa americana), cabbage palm (Sabal palmetto) and gallberry. This area had evidence of historic cattle use.
 
Utilities (FLUCFCS 830)
This land use defines the upland areas within the existing FPL easement and the Verizon cell tower that is managed by American Tower Corporation. The vegetation within this land use is comprised of a maintained bahiagrass, cabbage palm, Brazilian pepper, prickly pear (Opuntia sp.), and Mohr’s thoroughwort (Eupatorium mohrii).
 
Aquatic Resources:
Streams and Waterways (FLUCFCS 510)
This land use includes a somewhat linear system that crosses the property. The linear waterway breaks at an access road and is connected by a culvert. The edges of the surface waters were dominated by wax myrtle and Brazilian pepper (Schinus terebinthifolia), while ground cover was comprised of pennywort (Hydrocotyle umbellata), muscadine grape, Virginia creeper, herb-ofgrace (Bacopa monnieri), dotted smartweed (Persicaria punctata), poison ivy, and common dayflower (Commelina diffusa).
 
Freshwater Marsh (FLUCFCS 641):
This land use is comprised of the freshwater marsh wetland system located in the northwestern portion of the project area. The vegetation in this land use is comprised of red maple (Acer rubrum), common buttonbush (Cephalanthus occidentalis), Carolina willow (Salix caroliniana), cabbage palm, wax myrtle, Brazilian pepper, Peruvian primrosewillow (Ludwigia peruviana), maidencane (Panicum hemitomon), West Indian marshgrass (Hymenachne amplexicaulis), falsefennel (Eupatorium leptophyllum), spadeleaf (Centella asiatica), broomsedge bluestem (Andropogon virginicus), and Carolina redroot (Lachnanthes caroliana).
 

PROPOSED WORK:  The applicant seeks authorization to impact 0.65-acres of surface waters for the construction of a single-family residential development with associated roads and stormwater management features.

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:  “Onsite design modifications have been considered to reduce or eliminate adverse impacts to wetlands and other surface water functions. Proposed unavoidable impacts to surface waters as a result of the project have been minimized to the greatest extent feasible. The portions of surface water proposed for impact are of low quality and have been historically impacted due to surrounding land use practices. DRH has designed the project to have no wetland impacts”.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  Mitigation for stream impacts was completed through purchase of 0.25 freshwater herbaceous credits from the Manatee Mitigation Bank on October 30, 2023.

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 project area is located within the core foraging areas of wood stork nesting colonies and contains suitable habitat for the eastern indigo snake and tricolored bat.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork (Mycteria americana), based on the programmatic key. Therefore, no additional consultation is required.  

The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi) based on the programmatic key. Therefore, no additional consultation is required.

The tricolored bat (Perimyotis subflavus) is proposed endangered. The project area contains suitable habitat for the tricolored bat, including forested areas. Currently, the tricolored bat is not a federally listed species. Due to the scope of work and adjacent forested habitat, the project is not likely to jeopardize the continued existence of the proposed species. Therefore, the Corps is not required to initiate consultation with USFWS.

Other Species: Based on the project location, existing site conditions, the areas of proposed impact, and the types of activities proposed, the Corps has determined that the project would have no effect on the Eastern black rail (Laterallus jamaicensis spp. jamaicensis), Florida perforate cladonia (Cladonia perforata), Green Sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta), pygmy fringe tree (Chionanthys pygmaeus) and Everglade snail kite (Rostrhamus sociabilis plumbeus).

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 0.65-acre of streams and ditches (FLUCCS 510).  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Florida. 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 proposed single-family subdivision is not located in the vicinity of a federal navigation 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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer, through the Charleston District Regulatory Division at 1949 Industrial Park Road, Room 140, Conway, South Carolina, 29526 within 21 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, Kelby Callahan by electronic mail at kelby.a.callahan@usace.army.mil; or by telephone at (843) 278-9356. 

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.  

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: Water Quality Certification may be required from the Southwest Florida Water Management District.

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.