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 Aug. 28, 2019
Expiration date: 9/27/2019
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) as described below:

APPLICANT: Charles Hughes
21011 Johnson Street, Suite 1310132
Pembroke Pines, FL 33029

WATERWAY AND LOCATION: The project would affect waters of the United States associated with non-tidal surface waters and wetlands adjacent to SW 196th Avenue (parcel ID# 513913010140), in Section 13, Township 51 South, Range 39 East, in Pembroke Pines, Broward County, Florida.

Directions to the site are as follows: From Southbound I-95 take exit 20 Hollywood Blvd. /820. Turn west onto Hollywood Blvd. and continue for approximately 2.87 miles. Continue under the Florida Turnpike overpass and Hollywood Blvd. becomes Pines Blvd. Continue on Pines Blvd. for approximately 12.1 miles to SW 196th Avenue. Turn south onto SW 196th Avenue and continue for approximately 0.46 mile, the project site is on the east side of the road.

Latitude: 26.000918°
Longitude: -80.407716°


Basic: Residential Development

Overall: The overall project purpose is for a residential development with associated parking and storm-water management system in western Broward County Florida.

EXISTING CONDITIONS: The project site is an undeveloped 3.93 acre lot in western Broward County with 3.93 acres of freshwater wetlands dominated by Melaleuca. The adjacent properties are undeveloped wetlands. The surrounding area consist mostly of single-family homes and residential developments.

PROPOSED WORK: The applicant seeks authorization to place 38,600 cubic yards of fill over 3.93 acres of freshwater wetlands in order to construct a residential development with associated parking and storm-water management system.

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 site is one of the remaining vacant sites in this area of Broward County and is generally all low grade wetlands dominated by the invasive Melaleuca tree. No other sites were available that did not have wetlands. While several site plans were evaluated, none would avoid wetland impacts while allowing use of the site.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

Mitigation is proposed in an offsite area approximately 4,700 feet south west of the site. The mitigation will consist of the removal of the existing Melaleuca, lowering of the ground elevation, replacing of high quality wetland soils and replanting with a mixed wetland vegetative association. Monitoring and maintenance will be conducted for the first five years and once deemed successful, the land will be given to
Broward County or South Florida Water Management District for perpetual protection as part of the Everglades protection area. The mitigation area will total approximately 4.5 acres.

CULTURAL RESOURCES: 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, if applicable, those federally recognized tribes with concerns in Florida and the Permit Area.


The site contains no suitable foraging habitat and is within 14.2 miles of the nearest wood stork nesting colonies. The Corps utilized the South Florida Programmatic Concurrence Key for the Wood Stork dated May 18, 2010, and determined that the project would have “no effect” (pathway A), for the wood stork because the proposed project site is so densely covered with Melaleuca the site has no accessible wood stork foraging habitat. No further consultation with FWS is required for the wood stork pursuant to Section 7 of the Endangered Species Act.

The proposed project site is located in wetlands. There are forested areas that may contain eastern indigo snake habitat. By use of the Eastern Indigo Snake key dated August 1, 2017, the project results in a may affect but is not likely to adversely affect the eastern indigo snake (path A-B-C-D-E) provided the permit is conditioned such that all gopher tortoise burrows, active or inactive, be evacuated prior to site manipulation. Also, if a snake is encountered, the snake must be allowed to vacate the area prior to site manipulation. All holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning and if occupied by an indigo snake, no work can commence until the snake has vacated. No further consultation with the FWS is required provided the applicant adheres to the Standard Protection Measures for the Eastern Indigo Snake (2013), and inspects all gopher tortoise burrows and snake refugia areas as described.

The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.

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 Corps has determined that the proposed project would not impact EFH or federally managed fisheries and therefore consultation with the South Atlantic Region on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is not necessary.

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 the District Engineer through the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 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, Samantha L. Rice, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at ; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3536.

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.