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.


Published May 3, 2017
Expiration date: 5/24/2017
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:

APPLICANT: City of Sanibel
                      800 Dunlop Road
                      Sanibel, Florida 33957

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Pine Island Sound. The project site is located in Section 13, Township 46 South, Range 22 East, Sanibel, Lee County, Florida.

Directions to the site are as follows: From Summerlin Road proceed west to the Sanibel Causeway. Proceed over the bridge. Turn right onto Periwinkle way/County HWY-869. Turn right onto Dixie Beach Blvd. Dixie Beach Blvd. becomes Woodring Rd. Proceed to the project site on the right.

                                                                         Longitude - 82.05907º


Basic: Shoreline stabilization.

Overall: Vegetative shoreline stabilization along Woodring Road in Lee County.

EXISTING CONDITIONS: The wetland system consists of a 0.19 acre saltwater system. The onsite vegetation consists of Red and Black mangroves, Sea Grapes, Green Buttonwood and rip rap mixed together. The nearshore edge of seagrasses were also located (refer to Detail A, B, & C – Existing Site Plan). The seagrasses observed were predominantly Shoal grass (Halodule wrightii) with a fairly defined edge with density exceeding 50% coverage. The areas between the seagrasses and the mean high water line were characterized by fine sand and shell, with small fragments of rock likely attributed to the riprap rubble and vegetation detrital. No oyster beds or significant benthic resources were observed. Turtle Grass (Thallassia) is located offshore and not affected by the proposed work.

PROPOSED WORK: The applicant seeks authorization to rebuilding 230' If of existing riprap along the roadway, constructing 190' of revetment (living shoreline) at a 3:1 slope with proper boulder sizes, and approximately 685' of existing vegetated shoreline will be stabilized using a variety of wave attenuating devices such as riprap, reefballs and 36" dia. reinforced concrete culvert pipe.

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:

The design is created to position wave attenuating devices in locations that do not have a direct on wetland resources. The proposed revetments are located in areas of high erosion where wetland vegetation has been continually lost and emergency fill placed to keep the road open for safety purposes. The free standing riprap/Reefballs/RCCP is designed for placement landward of submerged seagrasses and waterward of the toe of
existing shoreline vegetation, predominantly mangroves. The submerged habitat in these locations is a mix of silt, sand, pieces of rock, and organic debris and is subject to continuous agitation from waves. In the areas where the existing riprap rubble has been placed around existing wetland plant species, specifically Mangroves and Buttonwood, the area landward of these plant species is upland fill placed as part of the road maintenance. This area will be excavated down to a design elevation behind the existing wetland species. Placement of rock will include additional rock placed around the root bases to prevent further loss of wetland vegetation. The purpose for this
project is to protect existing wetland plant species from further erosion and to establish habitat for aquatic resources as well as future establishment of additional volunteer wetland species.

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

No mitigation is proposed because there is no functional loss. A living shoreline has been designed to assist with the aquatic vegetation, enhancing and adding additional functions otherwise lost to natural wave erosion. Compensatory mitigation is not necessary because all proposed construction is designed to protect existing wetland plant species and create substrate for the establishment of additional wetland plant species and aquatic habitat.


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.


The Corps has determined the proposed project may affect, but is not likely to adversely affect the Smalltooth Sawfish (Pristis pectinata), Green Sea Turtle (Chelonia mydas), Hawksbill Sea Turtle (Eretmochelys imbricata), Kemp's Ridley Sea Turtle (Lepidochelys kempii), Leatherback Sea Turtle (Dermochelys coriacea), Loggerhead Sea Turtle (Caretta caretta). 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.

The Corps has made the determination of MANLAA for the West Indian manatee and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A>B>C>D>G>N>O>P-MANLAA, with no further consultation necessary. This determination is based on the applicant following the Standard Manatee Conditions for In-Water Work, 2011 for the proposed activity.

The Corps has determined the proposal may affect the Smalltooth Sawfish (Pristis pectinata) designated critical habitat. The Corps will request initiation of formal consultation with the National Marine Fisheries Service 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. The proposal would impact approximately 0.19 acres of saltwater marsh utilized by various life stages of Penaeid Shrimp Complex, Red Drum (Sciaenops ocellatus), Reef fish (various spp.), Stone Crab (Menippe mercenaria), Spiny Lobster (Panulirus argus), Migratory/Pelagic fish (various spp.), Snapper/Grouper Complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Pine Island Sound. 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.

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.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of District Engineer through the 1520 Royal Palm Square, Suite 310, Ft. Myers, Florida 33919 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, Allison C. Murphy, in writing at the Ft. Myers Permits Section, 1520 Royal Palm Square Blvd., Ft. Myers, Florida, 33919; by electronic mail at; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 ext. 0008.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

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.