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.


U. S. Army Corps of Engineers
Published May 10, 2023
Expiration date: 5/31/2023

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 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: Lee County Board of County Commissioners
                      c/o Josh Malo
                      1500 Monroe Street
                      Fort Myers, Florida 33901


WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Palmetto Point man-made canal system and the Caloosahatchee River. The project site is located in Sections 20 and 29, Township 45 South, Range 24 East, immediately east of Griffin Blvd., at Palmetto Point, Fort Myers, Lee County, Florida.

Directions to the site are as follows: From Interstate 75, take exit 131 towards Cape Coral/SW Florida International Airport, travel west on Daniels Pkwy for 4.8 miles. Continue straight onto Cypress Lake Drive for 2.8 miles. Turn left onto FL-867 S/McGregor Blvd. and travel 1.7 miles. Turn right onto Griffin Blvd., arriving at Palmetto Point. The site is not accessible by car but can be viewed from the road.

Latitude: 26.541009°
Longitude: -81.929265°


PROJECT PURPOSE: Basic: The basic project purpose is to maintain navigable capacity. Overall: The overall project purpose is to restore navigable depths within the Palmetto Point residential community canal system.

EXISTING CONDITIONS: The aquatic system consists of a saltwater man-made canal system. The onsite vegetation consists of none within the canal system dredge template. The existing area surrounding the project area consists of a single-family residential canal community and mangrove wetlands within the boundary of Deep Lagoon Preserve.

PROPOSED WORK: The applicant seeks authorization to mechanically dredge 2,550 cubic yards (CY) of sediment from within 1.3 acres of the 13.5 acre dredge template of the Palmetto Point canal system, to restore navigable depth of -5.4 feet mean low water (MLW) (-6.8 feet NAVD88) with 1V:3H side slopes; and to discharge the 2,550 CY of aforementioned dredged material back into 2.5 acres of the same canal system, to fill scour holes along the canal and raise bottom elevation from -20 feet NADV to -15 feet NADV.

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 applicant will utilize turbidity curtains and follow small- tooth sawfish, sea turtle, and manatee construction conditions. The applicant will avoid impacting the mangroves to the east and only impact within the historic dredge footprint.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No compensatory mitigation should be required as there are no direct or indirect impacts to submerged aquatic vegetation (SAV) or mangroves through the proposed activities.

CULTURAL RESOURCES: The Corps 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), wood stork (Mycteria americana), green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta), and smalltooth sawfish (Pristis pectinata) (STSF), or their designated critical habitat. 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. 

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 3.8 acres of unconsolidated 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 Gulf of Mexico. 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 activity 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.

COMMENTS regarding the potential authorization of the work proposed must 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 21 days from the date of this notice (ie. on or before May 31st, 2023).

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 the application should be directed to the project manager, Marena D’Orio, at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, FL 33919; by email at; or, by telephone at (239) 986-2755. 

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.  

The 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: WQC is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0432400-001.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.