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 July 27, 2021
Expiration date: 8/26/2021

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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:


APPLICANT:           Parrot Fish Bay LLC.

                                C/o Gregory Dell

                                 2404 Hollywood Blvd

                                 Hollywood, Florida 33020


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Florida Bay.  The project site is located at 92510 Overseas Highway; legally described as Plat of Survey of Ellis Property PB2-99 S-100 FT of N-300 FT & 0.70AC Bay Btm Tract 1 in Section 27, Township 62 South, Range 38 East, Monroe County, Tavernier, Florida (MM92) RE#00490160-000000.


Directions to the site are as follows:  Take U.S. 1 South to MM92. Project located at 92510 Overseas Highway.


APPROXIMATE CENTRAL COORDINATES:          Latitude     25.016274°

                                                                                  Longitude -80.513569°



Basic:  The basic purpose is to provide improved boating access.

Overall:  The overall purpose is to provide improved boating access within Tavernier/Key Largo, Monroe County, Florida.


EXISTING CONDITIONS:  The project is located within a developed subdivision of Tavernier with mixed usage of residential and commercial properties. Based on the Monroe County Property Appraisal Website the subject property is zoned multi-family residential (less than 10 units). According to the agent on behalf of the applicant, the existing property currently has three single family homes. There is currently no design or finite plan for the possible upland expansion. Contingent upon the approval of the dock expansion the owner will possibly move forward to build two additional single family units on the property. The applicant would like to provide two slips per unit for the existing three units and slips for the potential future units.  If the future units are not constructed a maximum of 3 units will be provided for each of the three existing units. The shoreline is supported by a riprap revetment. A jetty is located along the center of the shoreline with an existing “T”-shaped dock on the inside of the jetty and a finger pier with a cradle boat lift located along the outside of the jetty. Based on aerial review, the “T”-shaped dock was built prior to 1994. The offshore dock was constructed in 2010. A benthic survey dated November 10, 2020, documented clustered concentrations of seagrass ranging from moderate to dense coverage of Thallasia testudinum and Halodule wrightii within the project footprint. In addition, Siderastrea radians and hardbottom are present within the project footprint.


PROPOSED WORK:  The applicant seeks authorization to remove two (2) mooring piles and an existing cradle boat lift, to install “no mooring” signs along the existing “T”-shaped platform to support only kayaks and other non-motorized vessels, to replace the existing finger pier with a 910 square foot wood docking facility with six (6) associated finger piers to accommodate mooring for up to nine (9) motorized vessels at the subject property, to install “no mooring” signs at the terminus of the new docking facility, to install a six (6) post 25,000 lb capacity cradle boat lift, two (2)- four (4) post 16,000 lb capacity cradle boat lifts, a four (4) post 12,000 lb cradle boat lift, and a 15,000 lb capacity dual personal water craft (PWC) elevator boat lift within the designated boat slip areas, to install 20 new mooring piles, and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable 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: Temporary floating turbidity barriers will be deployed around all work areas that are in/over U.S. navigable waters during construction.


COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has indicated that the mitigation proposal will be based on the Keys Restoration Fund (KRF). Time lag and risk will be a required component of any mitigation requirement.


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 U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the West Indian manatee or its designated critical habitat.  The Corps will request Fish and Wildlife Service's concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter. 

The real estate parcel number is 00490160-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the Key Largo cotton mouse, Eastern indigo snake, Schaus swallowtail butterfly, Keys tree cactus, Keys tree snail, and Key Largo woodrat. No impacts to the listed species suitable habitat are proposed and all work is limited to in-water activities. Therefore, the Corps has reached a “no effect” determination for the above listed species.

The Corps has determined the proposed project may affect, but is not likely to adversely affect (“MANLAA”) the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata), Nassau grouper (Epinephelus striatus) and giant manta ray (Mobula birostris) species. A no effect determination was reached on Acorpora sp. and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox).  The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter. 


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 proposal would impact approximately 950 square feet of seagrass, hardbottom, and coral communities utilized by various life stages of marine life.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Florida Keys.  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.


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 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 Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176 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, Maria Bezanilla, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176, by electronic mail at; or, by telephone at (305) 779-6057. 


ADDITIONAL INFORMATION:  After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time.  Final determination regarding legal action will be made after review of the project through the permit procedure. 


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.


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.