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-2006-05360 (SP-ACM)

Published Oct. 24, 2019
Expiration date: 11/14/2019
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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

John Stremming
10101 Burnt Store Road
Punta Gorda, FL 33950

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Alligator Creek. The project site is located at Section 29, Township 41 S, Range 23 E at 10101 Burnt Store Road, Punta Gorda, Charlotte County, Florida. Approximate Latitude 26.886054, Longitude -82.024019.

Directions to the site are as follows: Take US 41N/Cleveland Ave to Burnt Store Road in Charlotte County. Proceed south on Burnt Store Road to Ave A. The destination is at Ave A.

Latitude 26.886054°
Longitude -82.024019°

Basic: Docks
Overall: Replace 7 docks and increase boat slip count from 33 to 40 total slips within the Park Hill Estates Community in Punta Gorda Florida.

EXISTING CONDITIONS: The wetland system consists of an existing boat basin in a saltwater system. The existing area surrounding the project area consists of a seawalled shoreline approximately 100 linear feet from a natural mangrove shoreline. No seagrasses, oysters, coral or mangrove are found within the project limit.

PROPOSED WORK: The applicant seeks authorization to remove seven existing docks (304 square feet) and replace with seven docks with a new total over water impact of 560 square feet. The applicant proposes to increase the 33 boat slip basin to a new total of 40 boat slips.

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 work is proposed within an existing basin.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: There are no seagrasses, oysters, coral or mangrove are found within the project limit.

CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, not likely to adversely affect the Smalltooth sawfish (Pristis pectinata), the Green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), Hawksbill (Eretmochelys imbricate), Leatherback (Dermochelys coracea) sea turtle, and the Threatened Loggerhead sea turtle (Caretta caretta). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

Using the Florida Effect Determination Key for the Manatee in Florida (April 2013 and May 2019 addendum), the U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect, but is not likely to adversely affect the West Indian (Florida) manatee (Trichechus manatus latirostris) [A > B > C > G > H > I > J > K > N > O > P/1]. May affect, not likely to adversely affect determinations arrived at through the use of this key do not require further consultation with the U.S. Fish and Wildlife Service and are determined to meet the requirements of Section 7 of Endangered Species Act.

The applicant has agreed to follow the Standard Manatee Conditions for In-Water Work, and the Sea Turtle & Smalltooth Sawfish Construction Conditions. Also, the applicant has agreed to install educational materials for anglers, particularly the “Sawfish Safe Release Guidelines”, and the sawfish encounter reporting instructions. The Corps would include the above mentioned conditions as a special conditions to any permit issued.

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 proposed over water dock system would create approximately 96 square feet of shading to the aquatic resources on site and will not require the discharge of dredged and/or fill material. The aquatic resources may be utilized by various life stages of Red Drum, Reef Fish (43 species), Shrimp (4 species), and Coastal Migratory Pelagics. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico and the South Atlantic Fisheries. 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 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 Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 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 Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at; 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.