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.


USACE Jacksonville District Regulatory
Published Aug. 4, 2022
Expiration date: 9/2/2022
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: Brandon Hollenberg
5500 N. Military Trail, Unit 146
Boca Raton, FL 33496

WATERWAY AND LOCATION: The project would affect waters of the United States associated with an unnamed canal adjacent to the Hillsboro Canal. The project site is located at 540 River Oak Lane, Section 31, Township 47 South, Range 43 East, Deerfield Beach, Broward County, Florida.

Directions to the site are as follows: Take Interstate 95 to Exit 42 for Florida 810 East/ Hillsboro Boulevard. Travel east on Hillsboro Boulevard for approximately 1.3 miles and turn left onto NE 6th Avenue, then right onto NE Eller Street, and left onto NE 8th Avenue. NE8th Avenue will turn into NE 5th street and then turn left onto NE 9th Avenue, also known as River Oak Lane. Destination will be a vacant lot on the left.

Latitude: 26.324887°
Longitude: - 80.092054°


Basic: The basic project purpose is shoreline stabilization and water access for a residential development.

Overall: The overall project purpose is shoreline stabilization and water access for a single-family residential development in Deerfield Beach, Broward County, Florida.

EXISTING CONDITIONS: The project site is currently a 0.39-acre vacant lot that consists of uplands trees and 0.07-acre of mangroves on the eastern and western shorelines. The site is located south of the Hillsboro Canal and west of Marina One in Deerfield Beach, Broward County, Florida, more specifically identified as Broward County Folio No. 474331280020. The parcel is bordered by a single-family home to the north, River Oak Lane, a vacant lot located to the south, and a manmade canal to the west. The eastern and western portions of the property consist of mangroves with the majority of the property containing upland grass and tree species. Elevations reflect those typical of uplands at elevations between 5.3-6.3ft. North Atlantic Vertical Datum of 1988 (NAVD88). There are approximately 0.07 acres of mangroves on site. Mangrove species include red (Rhizophora mangle), Black (Avicennia germinans), and white (Laguncularia racemose) mangroves. The mangroves along the west side of the property range in width, with the maximum width of 27.9 feet wide for the total 100-foot length of the shoreline.

A benthic survey was conducted on August 5, 2021. Depths within the survey area ranged from zero to five feet. Red mangroves, black mangroves, and white mangroves were observed on both canals. No species of seagrass or other benthic resources were observed within the survey area.

PROPOSED WORK: The applicant seeks authorization to provide water access and shoreline stabilization for a future residential development by conducting the following activities:
(1) install a new 100 linear foot seawall located 36 inches waterward of the existing mean high water line within tidal mangrove wetlands. The seawall will have a 60-inch wide by 100 foot long concrete cap, and eleven (11) concrete king piles and eleven (11) concrete batter piles. Approximately 25 cubic yards will be placed behind the seawall.
(2) Install 100 linear feet of riprap, extending 4 feet waterward from the proposed seawall wet face at a 2:1 horizontal to vertical slope (30 cubic yards); and
(3) Construct a 584 square foot concrete marginal dock that measures 6.5 feet wide by 90 feet long.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following statement in support of efforts to avoid and/or minimize impacts to the aquatic environment:

Prior to application submittal, various considerations and efforts were made in an effort to avoid and or minimize potential onsite, offsite and secondary wetland impacts. During the initial due diligence of the project development, the proposed mangrove wetland impacts were reduced from 0.07 acres to 0.04 acres. The original proposed project consisted of removal of 3,145 sq. ft. of mangrove canopy on both banks of the existing shorelines on the eastern and western portions of the site to allow water access for the property owner that other properties in the vicinity also have and enjoy. Allowing the mangroves on the western portion of the site to remain would not allow for water access from the property as the mangroves extend out past the existing shoreline.”

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

The applicant proposes to purchase credits from FPL Everglades Mitigation Bank to offset the unavoidable impacts to mangroves located on site.

CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

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), smalltooth sawfish (Pristis pectinata); Giant Manta Ray (Mobula birostris); Eastern indigo snake (Drymarchon couperi); and wood stork (Mycteria americana). 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 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 0.04 acres of tidal mangrove wetlands and 4,672 square feet within waters of an unnamed canal 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: The proposed project is not located within the 100-foot setback of the Intracoastal Waterway Federal channel. The proposed dock and seawall structures will not exceed 25% of the width of the waterbody.

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.

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 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, 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.

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.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection.

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.