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 March 5, 2018
Expiration date: 3/26/2018

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 (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT: Myrna Ready Mix Concrete, LLC
16576 Gator Road
Fort Myers, FL 33912

WATERWAY AND LOCATION: The project site is located east of Collier Boulevard/CR-951 and north of the Tamiami Trail/US-41 within Section 18, Township 51 South, Range 27 East, Collier County, Florida. The site contains jurisdictional wetlands and other waters of the US within the Rock Creek/Naples Bay Watershed (10 HUC # 0309020406).

Directions to the site are as follows: From I-75 take exit 101 and head south on CR-951 to US-41. On US-41 head east for approximately 4.47 miles then turn left (north) onto Auto Village Road located just west of Basik Drive. The site is approximately 0.5 mile north of the end of Auto Village Road.

Longitude: -81.640837º


Basic: Industrial development.

Overall: Construct a ready mix concrete plant with access road, buildings, equipment parking areas, materials processing, testing and storage areas, a stormwater management system and other associated infrastructure in southeast Collier County, Florida.

EXISTING CONDITIONS: The approximate 7.31 acre project site historically has been cleared, excavated and filled. The project site contains approximately 5.7 acres of jurisdictional wetlands and other waters of the US. Most of the site consists of a willow (Salix caroliniana) dominated wetland which established within a formerly excavated area. Brazilian pepper (Schinus terebinthifolius) is present along the edge of the wetland. Ground cover species include paragrass (Urochloa mutica), cattail (Typha sp.), primrose willow (Ludwigia peruviana), and water-hyacinth (Eichhornia crassipes). A smaller disturbed wetland area contains scattered willow saplings, flatsedges, dayflower (Commelina diffusa), wedelia, and foxtail grass (Setaria sp.). There are small borrow areas vegetated by willows. The remainder of the site is comprised of disturbed uplands.

PROPOSED WORK: Clear, grade, excavate, dredge and fill to construct and maintain a ready mix concrete plant. The project would discharge 65,000 cubic yards of fill into 5.63 acres of disturbed wetlands and 0.07 acre of borrow areas.

AVOIDANCE AND MINIMIZATION INFORMATION: The applicant states the following in support of efforts to avoid and/or minimize impacts to the aquatic environment:

The applicant is currently operating a ready mix plant on leased property that has been sold for residential development. The property is currently going through the permitting stage for the planned residential development and Smyrna Ready Mix (SRM) will ultimately need to vacate its current location. Ready mix concrete must be delivered and off the truck within 45 minutes of filling the truck with ready mix concrete (batching) and therefore must be delivered within a small geographical range. The applicant has not been able to find a practicable alternative site capable of being developed into an industrial facility (concrete plant) taking into consideration zoning, location, cost, existing technology, and logistics that would have less adverse impacts on the aquatic environment.

COMPENSATORY MITIGATION: The applicant proposes to mitigate for unavoidable wetland impacts by purchasing the appropriated in-kind wetland credits from a federally approved mitigation bank.

CULTURAL RESOURCES: The Corps is unaware of any known historic properties within the review area. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Office (SHPO) and those federally recognized tribes with concerns in Florida and the area under review by the Corps, for this proposal.

ENDANGERED SPECIES ACT (ESA): The project site is located in an area where the eastern indigo snake (Drymarchon corais couperi) an ESA listed species, may occur. A species survey conducted December 2017, by the applicant’s agent, did not reveal the presence of any indigo snakes or of its commensal species the gopher tortoise. Using the current Indigo Snake Programmatic Concurrence Key, as revised 2017, the proposal keys as follows: A., B., C.; D.; the project will impact less than 25 acres of indigo snake habitat and the site has no known holes, cavities, gopher tortoise burrows or other underground refugia. The Corps determined the proposed project will “not likely to adversely affect” (NLAA) the indigo snake. In accordance with the key the requirements of Section 7 of ESA have been fulfilled and no further consultation with the U.S. Fish and Wildlife (FWS) is required for the indigo snake.
The project site is located within a FWS designated consultation area for the red-cockaded woodpecker [RCW (Piciodes borealis)] an ESA listed species. The project site is dominated by habitats (comprised primarily of willows and exotic species) not preferred by the RCW. The corps preliminary determination is that the proposal will NLAA the RCW. The Corps will request FWS concurrence with that determination pursuant to Section 7 of ESA via a separate letter.

The project site is within a FWS consultation area for the Florida scrub jay (Aphelocoma coerulescens), an ESA listed species. The Florida scrub jay lives in scrub and scrubby flatwoods habitats found on well-drained sandy soils. The project site is dominated by habitats (comprised primarily of willows and exotic species) not preferred by the RCW; therefore, the Corps preliminary determination is that the proposal will NLAA the scrub jay and the Corps will request concurrence, for that determination, from the FWS via a separate letter.

The project site is within a FWS designated Focus Area for the Florida Panther (Puma concolor coryi), an ESA listed species. In accordance with the Florida Panther Effect Determination Key, 2007 the proposal keys as follows: A., B., project is greater than one acre and will have a net increase in vehicle traffic patterns, within the panther’s Focus Area. The Corps preliminary determination is that the proposal “may affect” the panther. The Corps will request initiation of formal consultation via a separate letter (for this species) with FWS, pursuant to Section 7 of ESA.

The project site is within an area where the Florida bonneted bat [FBB (Eumops floridanus)] an ESA listed species, may occur. In accordance with the current consultation guidelines for the FBB, the project site is within a FWS designated Focal Area for that species; therefore, the Corps has determined the proposed project “may affect” the FBB. The Corps will request initiation of formal consultation (for this species) with the FWS pursuant to Section 7 of ESA via a separate letter.

NOTE: This public notice (PN) is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulations governing the regulatory program. The jurisdictional line has not been formally verified by Corps personnel.

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

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida, 33919, within 21 days from the date of this PN.

The decision of whether to issue or deny a permit for this application will be based on the information received in response to this PN and the evaluation of the probable impacts 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 submitted in writing to the project manager, Robert Tewis, by mail to the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida 33919; or via email at; or faxed to (239)-334-0797. Phone number is (239)-334-1975 X-0012.

IMPACT ON NATURAL RESOURCES: Coordination with the FWS, the Environmental Protection Agency (EPA), the National Marine Fisheries Services (NMFS), SHPO 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 of whether to issue a permit will be based on the evaluation of probable impacts including cumulative effects 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, aesthetics, 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 EPA Administrator, under authority of Section 404(b) of the Clean Water Act and/or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be authorized unless its issuance is found to be contrary to the public interest.

The US Army Corps of Engineers (Corps) is soliciting comments, to this PN, 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.