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-2004-01691 (SP-MLB)

Published Oct. 8, 2020
Expiration date: 11/5/2020
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: Michael Hammon
PRH Sanibel, LLC
315 South Biscayne Boulevard, 4th Floor
Miami, Florida 33131

WATERWAY AND LOCATION: The project would affect waters of the United States, associated with the Charlotte Harbor Watershed (HUC 8: 03100103) and Punta Rassa Cove. The project site is located at 17300 McGregor Boulevard, Section 9, Township 46 South, Range 25 East, Fort Myers, Lee County, Florida.

Directions to the site are as follows: From I-75, take the Daniels Parkway exit (Exit 131) toward Cape Coral/SW Florida International Airport; make a right onto Daniels Parkway and head west for 2.65 miles; make a left onto Ben C Pratt/6 Mile Cypress Parkway/County Hwy 865 and head south for 7.42 miles. The project will be on the right, at 17300 McGregor Boulevard.

Latitude: 26.488887°
Longitude: -81.997831°

PROJECT PURPOSE: Basic: Residential development. Overall: Construct a multi-story apartment complex in the coastal area of western Lee County, Florida.

EXISTING CONDITIONS: The project area consists of a 213-acre undeveloped property, bounded to the south by McGregor Boulevard, to the west by a resort/hotel complex and Punta Rassa Road, and to the north and east by the tidal open waters of Punta Rassa Cove. The project area is dominated by mangrove wetlands that are tidally connected to Punta Rassa Cove to the north. The project area contains ±6.61 acres of Mixed Hardwood Hammock (FLUCFCS 438), ±3.75 acres of Water (FLUCFCS 500), ±179.16 acres of Mangrove Swamp Forest (FLUCFCS 612), ±18.66 acres of Disturbed Mangrove Swamp Forest (FLUCFCS 612D), ±3.25 acres of Tidal Flats (FLUCFCS 651), and ±1.31 acres of Fill (FLUCFS 744).

PROPOSED WORK: The applicant seeks authorization to fill 1.25 acres of wetlands, consisting of 0.83-acre of mangrove swamp forest and 0.42-acre of tidal flats, for the construction of a 50-unit multi-family apartment complex with associated infrastructure, including an entrance drive, parking, a stormwater management system, and an upland boardwalk connection to an adjacent hotel. The applicant proposes to enhance and preserve a total of 47.42 acres of the project site, including 45.29 acres of wetlands, 1.52 acres of uplands, and 0.61 acres of other surface waters.

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 proposed site plan has been designed to utilize existing upland areas to the maximum extent practicable, and to minimize wetland impacts. Minimization of wetland impacts will be accomplished by maximizing use the available upland through construction of a high-rise complex with an elongated compact footprint, which will allow preservation of many acres of surrounding wetland. The currently proposed site plan would result in less wetland impact than the previously permitted design”

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

“Mitigation for unavoidable direct and secondary impacts is proposed to consist of on-site preservation and enhancement of mangrove 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 the Florida Bonneted Bat (Eumops floridanus). A Florida Bonneted Bat survey was conducted on December 19, 2019 and resulted in activity by the species. The Corps requested U.S. Fish and Wildlife concurrence with this determination, via letter on February 11, 2020, pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposed project may affect, but is not likely to adversely affect, the American Crocodile (Crocodylus acutus), Eastern indigo snake (Drymarchon corais couperi), and Red-cockaded woodpecker (Picoides borealis). The Corps requested U.S. Fish and Wildlife concurrence with this determination via letter on February 11, 2020, pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposal would have no effect on the Wood stork (Mycteria americana), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida scrub jay (Aphelocoma coerulescens), and/or their designated critical habitat. No further consultation with the Service is required for these species.

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 project site does not contain EFH; therefore, the Corps has determined that the proposed project would have 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 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 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, Michelle L. Bartley, 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. 0006.

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, 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 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.