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 May 18, 2021
Expiration date: 6/2/2021

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:      BSREP III Fort Lauderdale LLC

                           c/o Josh Castle

                           1997 Annapolis Exchange Parkway, Suite 550

                           Annapolis, MD 21401


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Intracoastal Waterway.  The project site is located adjacent to 1887 SE 17th Street, in Section 14, Township 50 South, Range 42 East, Fort Lauderdale, Broward County, Florida.


Directions to the site are as follows:  From the I-95 take exit 26 for Davie Boulevard. Continue east for 2.0 miles. Turn south onto US Highway 1 South and continue for 0.5 miles. Turn east onto SE 17th Street and continue for 1.4 miles. The destination will be on the north side of SE 17th Street just west of the Intracoastal Waterway


APPROXIMATE CENTRAL COORDINATES:          Latitude:           26.101814°

                                                                                  Longitude: -80.119674°



Basic:  Shoreline stabilization and water access

Overall:  To improve water access and enhance the shoreline stabilization at an existing commercial marina in Fort Lauderdale, Broward County, Florida.


PROJECT HISTORY:  The Corps initially coordinated the proposed activities under a coordination letter dated September 10, 2020 because the project was being reviewed under a Letter of Permissions authorization for a 5-slip facility.  Based on comments received, the project no longer qualifies for a Letter of Permission, since the facility is a 33-slip marina and therefore will require review under a standard permit and coordination of a public notice.  


EXISTING CONDITIONS:  The project is located adjacent to an existing hotel and 33-slip marina adjacent to the Seminole River and Intracoastal Waterway.  The eastern side of the property along the Intracoastal Waterway is located outside the 100-foot setback of the Federal Channel, and immediately west of Real Estate IWW-JaxToMiami Tract no.: 902. The project area contains an existing 635.2 linear foot stabilized shoreline and 2930 square foot wooden marginal dock with 5 slips. The Seminole River side of the property to the north and west, there are an additional 28 slips. A benthic resource survey was completed on June 23, 2020.  Four divers each swam five 620 linear foot transects parallel to the existing seawall along the Intracoastal Waterway, extending 50 feet from the wet face of the existing wall.  Each diver also swam five 80-foot long transects extending 30 feet from the wet face of the seawall within the Seminole River.  The benthic substrate was described as silt and sand with scattered rock and algae.  Depths ranged from 8 to 20 feet within the survey areas and no resources, including seagrass species, corals, or hardbottom were present in the survey area.


PROPOSED WORK:  The applicant seeks authorization to replace an existing marginal dock and improve shoreline stabilization.  Activities specifically include (1) the removal of the existing 2930 square foot wooden dock;  (2) construct a new 10-foot wide by 600-foot long concrete marginal dock with 28 wooden mooring piles; (3) install 100 cubic yards of rip-rap along 600 linear feet of seawall extending no more than 4 feet waterward from the existing seawall; and (4) dredge a 14,643 square foot area (1,220 cubic yards) to a depth of -16.5 plus two feet National Geodetic Vertical Datum of 1929 (NGVD).  Dredging will be conducted mechanically from a construction barge and material will be stored in lined containers and transported by truck to an offsite upland disposal location.   


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:

Comply with JAXBO PDC’s for In-Water Activities, including the use of turbidity curtains.

For proposed dredging adjacent to the channel, edging temporary pilings will be installed for the installation of curtains and turbidity curtains will be a minimum of 15.5 feet in height to properly contain all sediments within the dredging footprint

Work will be done during daylight hours

A maximum of five pilings per day will be installed.

Comply with the Standard Manatee Conditions for In-Water Work – 2011


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

A benthic resource survey was completed on June 23, 2020 and no resources were present in the survey area. Additionally, there are no wetlands within the project footprint. Therefore, no impacts to submerged aquatic vegetation or wetlands are proposed or anticipated and no compensatory mitigation shall not be required.


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 those federally recognized tribes with concerns in Florida and the Permit Area.


ENDANGERED SPECIES:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta)); and smalltooth sawfish (Pristis pectinata).  The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

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 1996The proposal would impact approximately 17000+/- square feet of silt and sand utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region.  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.


Navigation:  Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 168.945 feet away from the near bottom edge of the Intracoastal Waterway Federal channel.


SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.


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/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, Florida 33410 within 15 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at; or by telephone at (561)472-3516.    


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.