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 April 26, 2023
Expiration date: 5/27/2023
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: Mark Mancini
4620 South Island Drive
North Myrtle Beach, South Carolina 29582

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 82703 Old Highway, legally described as STRATTONS SUBD PB 2-38 UPPER MATECUMBE LOT 8 BK 12 AND ADJ BAY BTM AND ACCRETED LAND, Section 28, Township 63 South, Range 37 East, Islamorada, Monroe County, Florida (RE# 00401280-000000, MM± 82- Ocean).

Directions to the site are as follows: Follow U.S. Highway 1 to mile marker ±83 and turn left on Old Highway, the proposed project site is on the left.

Longitude -80.623625 °


Basic: To install a weed barrier to prevent marine debris accumulation along the shoreline.

Overall: To install a weed barrier to prevent the accumulation of marine debris along the shoreline and shallow waters of a private residence in Islamorada, Monroe County, Florida.

EXISTING CONDITIONS: The shoreline of the proposed project has been stabilized with a combination vertical concrete and rock seawall. A sand beach is also located along the shoreline. A benthic survey conducted within the proposed project footprint shows the presence of seagrass and corals. There are no mangroves within the proposed project footprint.

PROPOSED WORK: The applicant seeks authorization to install a weighted fabric flotsam barrier with floats along the top. The barrier would consist of two segments, one up to 168-linear feet and the second up to 31-linear feet. The barrier would be held in place by seven anchors drilled an epoxied or grouted to the seafloor.

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 turbidity curtains will be deployed and will remain in place until the work is completed and erodible materials have stabilized. All work will be conducted during daylight hours only.

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 if mitigation is required by the Army Corps of Engineers the appropriate mitigation will be determined with a UMAM and payment made to Keys Restoration Fund. Time lag and risk will be a required component of any mitigation requirement.

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: West Indian (Florida) manatee (Trichechus manatus): Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian manatee were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of the Key resulted in the sequence A > B > C > G > N > O > P (5), “may affect, not likely to adversely affect”. The proposed structure will not impact the area of suitable swimming habitat for the specie; however, the structure can potentially limit the species access to the area. As such, informal consultation will be requested with the FWS.
The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the American crocodile (Crocodylus acutus). The project is not located within the American crocodile critical habitat; however, it is located within the consultation range. According to the 28 October 2014 American Crocodile Key, the property supports suitable nesting habitat for the crocodile as the shoreline consist of an unconsolidated shoreline completely bare of vegetation with a sandy beach. The proposed work will not impact the area of suitable nesting habitat for the species; however, the structure can potentially limit the species access to the beach area. As such, informal consultation will be requested with the FWS.

The Corps has completed an evaluation of the impacts the work may have on the following nesting seaturtles: the green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), kemp’s ridley sea turtles (Lepidochelys kempii), and leatherback sea turtles (Dermochelys coriacea). The Project site is not located along a designated sea turtle nesting beach, but does have suitable habitat, open beach (FWC 2019). The Corps determined the Project may affect, but is not likely to adversely affect sea turtles. Based on the available nesting data, sea turtles do not use the existing beach and are not expected to be affected by the restricted access. As such, the Corps will request concurrence with the MANLAA determination from the Service

Piping plover and Roseate tern: The Google Earth Resource at Risk (RAR) report for the subject parcel includes the Piping plover (Charadrius melodus) and Roseate tern (Sterna dougallii) consultation area. Potential impacts to the Piping plover and Roseate tern were evaluated using the Programmatic Piping Plover Biological Opinion (BO),
dated May 22, 2013. Using the BO resulted in the Corps making a “no effect” determination for the Piping plover and Roseate tern. This determination is based on now work being conducted on the sandy beach area within the project sites, as well as the project not being located within a designated piping plover Critical Habitat Unit or areas that are considered optimal piping plover habitat.

Schaus swallowtail butterfly (Heraclides aristodemus ponceanus): The proposed work is located outside of native habitat for this species and work is limited to in-water activity. No impact to native/natural habitat is included; therefore, the Corps has determined the project will have “no effect” on 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) and their designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata), and Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on Acorpora sp. and its designated critical habitat 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.

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 199-linear feet of submerged bottom utilized by various life stages of marine species. 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.

Navigation: The proposed structure is not located in the vicinity of a federal navigation 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 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 Florida Keys 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, Jason Sweeney, in writing at the Florida Keys Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at; or, by telephone at (305)619-0675.

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.