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-1993-01622 (IP-SJF)

Published Aug. 2, 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 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: Bob Southern
                      Shell Point Retirement Community
                      1500 Shell Point Boulevard, Suite 100
                      Fort Myers, FL 33908

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Caloosahatchee River and Gulf of Mexico. The approximately 3.79-acre project site is located at 13901 Shell Point Plaza, in the northwest corner of Summerlin Road and McGregor Blvd, in Section 2, Township 46 S, Range 23 E, Lee County, Fort Myers, Florida 33908.

Directions to the site are as follows: From I-75, take exit 131 onto Daniels Parkway and turn west. Turn Left on Six-Mile Cypress Parkway and continue south then west to cross US 41 where Six-Mile Cypress Parkway becomes Gladiolus Blvd. to Summerlin Road overpass. Continue traveling west on Summerlin until it ends at McGregor Blvd. The project is located in the northwest corner of Summerlin Road and McGregor Blvd.

                                                                         Longitude: -81.98188°


Basic: The basic project purpose is to expand the existing Shell Point Retirement Community.

Overall: To expand the existing assisted living facilities including the construction of a new building, parking, and water management features to support the growing demand for senior assisted living facilities.

EXISTING CONDITIONS: The 3.79-acre site consists of 2.59 acres of uplands, 0.85 acre of wetlands and 0.38 acre of other waters of the U.S. The site is surrounded by existing developments to the north and west and two major roads to the south (Summerlin Blvd) and east (McGregor Blvd) and contains a canopy dominated by Australian pine (Casuarina equistifolia) near the southern boundary of the property. The mid-canopy and ground cover species are nearly absent, but include Brazilian pepper (Schinus terebinthifolius) and shrubby false buttonweed (Spermacoce verticillata).

On the northern portion, the Canopy and mid-story species include melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), Brazilian pepper, and Australian pine. Ground cover is sparse and includes Brazilian pepper and earleaf acacia seedlings, St. Augustine grass (Stenotaphrum secundatum), carpetgrass (Axonopus furcatus), Spanish needles (Bidens alba), shrubby false buttonweed, chalky bluestem (Andropogon virginicus var. glauca), and various grasses and sedges common in disturbed areas.

A drainage ditch canal extends south along the he western property line and turns east. The vegetation is limited to the ditch banks and includes Brazilian pepper, Australian pine, earleaf acacia, along with scattered red mangrove (Rhizophora mangle), white mangrove (Laguncularia racemosa) and buttonwood (Conocarpus erectus). The ground cover species include torpedo grass (Panicum repens), saltgrass (Distichlis spicata), bushy seaside oxeye (Borrichia frutescens), Spanish needles (Bidens alba), marsh pennywort (Hydrocotyle umbellata), and dayflower (Commelina diffusa).

This forested wetland habitat is situated between the ditch and McGregor Blvd. The canopy and mid-canopy species include red mangrove, white mangrove,
buttonwood and Australian pine. The ground cover includes sea purslane (Sesuvium portulacastrum), climbing cassia (Senna pendula), Brazilian pepper, melaleuca, and groundsel tree (Baccharis halimifolia). A disturbed herbaceous wetland habitat is located near the southwest corner of the project area. There is no canopy species present in this habitat and mid-canopy species include Brazilian pepper and groundsel tree near the perimeter. The ground cover is dominated by southern cattail (Typha domengensis). An herbaceous wetland habitat is located adjacent to the McGregor Blvd right-of-way. The mid-canopy species include scarce Brazilian pepper and cabbage palm (Sabal palmetto) near the perimeter. The ground cover includes torpedograss, cordgrass (Spartina spp.), giant leatherfern (Acrostichum danaeifolium), coinwort (Centella asiatica), and bushy sea oxeye. Another disturbed, herbaceous wetland habitat is located along the southern property line of the project and is characterized by mowed herbaceous vegetation allowing visibility to an existing
billboard. Canopy and mid-story vegetation are nearly absent, but include Australian pine, Brazilian pepper, and buttonwood seedlings along the perimeter. Ground cover species include torpedograss, sea purslane, coinwort, hurricanegrass (Fimbristylis cymosa) and bushy sea oxeye.

PROPOSED WORK: The applicant seeks authorization to discharge 10,842 cy fill within 0.85 acres of jurisdictional wetlands and 0.38 acres of other surface waters, in order to construct an assisted living facility with associated roads, parking, and storm water 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:

The project site includes 0.85 acres of jurisdictional wetlands and 0.38 acres of other surface waters. Wetlands on the parcel are infested with exotic and nuisance vegetation and provide diminished wetland function and values to the watershed. The parcel and wetlands on-site are surrounded by existing developments to the west and north and two major roads to the south and east. Based on the location of the wetlands, their reduced functional value and fragmented nature, as well as the acreage needed to construct the project, wetland avoidance is not practicable.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant will provide the appropriate amount of mitigation in the form of mitigation bank credits from the Little Pine Island Mitigation Bank (LPIMB).


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, the Florida Bonneted Bat (FBB; Eumops floridanus). The project is located within the consultation area of the FBB. Furthermore, the project site is less than 5 ac and includes potential roosting sites. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposed project may affect, but is not likely to adversely
affect the Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern
Indigo Snake Effect Determination Key (dated August 1, 2017), the Corps determination sequence resulted in A > B > C > D > NLAA. The Permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination keys.

The Corps has determined the project may affect, but is not likely to adversely the wood stork (Mycteria americana). The Corps received FWS concurrence letter, dated May 18, 2010 (amended on August 13, 2013) for all work that results in a “may affect, not likely to adversely affect” determination using the Wood Stork Effect Determination Key. The applicant will provide the required short/long hydroperiod compensation through the purchase of federal credits at a mitigation bank within the service area. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination keys.

ESSENTIAL FISH HABITAT (EFH): The work is proposed above mean high water, therefore the determination is no effect to EFH.

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 submitted in writing to the attention of District Engineer through the 1520 Royal Palm Square, Suite 310, Ft. Myers, Florida 33919 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, Stephen Fleming, in writing at the Ft. Myers Permits Section, 1520 Royal Palm Square Blvd., Ft. Myers, Florida, 33919; by electronic mail at, by telephone at (239) 334-1975 X 0003

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.