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 Aug. 1, 2023
Expiration date: 8/21/2023
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: National Park Service
C/o Sabrina Diaz, Deputy Superintend
40001 State Road 9336
Homestead, Florida 33034

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Gulf of Mexico. The project site is located at Fort Jefferson in Dry Tortugas National Park, Garden Key, Monroe County, Florida.

Directions to the site are as follows: The project site is 68 miles west of Key West, Florida and is only accessible by boat or seaplane.

Longitude -82.872954°


Basic: The basic purpose is to restore/maintain and protect historic and recreational structures.

Overall: The overall purpose is to restore/maintain and protect historic and recreational structures at Fort Jefferson, Garden Key.

EXISTING CONDITIONS: Dry Tortugas National Park is approximately 68 miles west of Key West, Florida, and consists of roughly 101 square miles at the westernmost extent of the Florida Keys. The park consists of seven keys, including Garden, Loggerhead, Bush, Long, East, Hospital and Middle Keys. The keys are situated on the edge of the main shipping channel between the Gulf of Mexico, the western Caribbean, and the Atlantic Ocean. Because of wind, waves, and storms, these islands are constantly changing shape, size, and elevation. Historically, hurricanes have caused a few of the smaller keys to disappear and reappear due to sandbar movement. In September 2017, Hurricane Irma made landfall in Florida as a Category 4 hurricane. Significant structural damage occurred to the fort’s counterscarp, which is the perimeter wall that protects the fort on the north and the west sides from tides, winter storms, and ocean energy such as wave action and storm events. Damage to the counterscarp and scarp included scouring and undercutting of the structure, numerous missing sections of brick veneer, stress fractures and the total collapse of portions of the structure. In addition to the damage to the scarp and counterscarp, the storm caused significant shifting of sands around the fort. Sand shifting caused the infilling of two portions of the moat and rendered the finger piers unusable due to the reduced depth. In September 2022, Hurricane exacerbated the existing damages and created new damages to the counterscarp, increased the sediment deposits within the moat, and damaged the finger piers. In 2020, benthic surveys mapped corals and SAV at the counterscarp, within the moat, and at the finger piers. Additional follow-up surveys conducted by park staff identified coral resources within a 50-foot buffer from the counterscarp. Surveys identified 4,151 hard and soft corals along the counterscarp and 65 hard and soft corals at the finger piers and mapped 1.93 acres of SAV within the moat and 0.02 acres of SAV adjacent to the finger piers. An estimated 450 colonies will be relocated between the counterscarp and finger piers, and within the 10’ offset of the counterscarp to minimize impacts due to the proposed repairs. No impacts to SAV are proposed as part of this project.

PROPOSED WORK: The applicant seeks authorization to conduct the following work at the Fort:
1) To place a total of 150 cubic yards of fill for the installation of a 90 linear foot riprap boulders along the west side of the fort and 60 linear foot riprap boulders along the east side of the fort along the along the waterward edge of the counterscarp.
2) To restore two sections of the moat and pier elevations by dredging 7,760 square foot area (886 cubic yards) of sand along the southern moat section, to dredge 8,029 square foot area (1,630 cubic yards) of sand along the northern moat section and dredge an 8,887 square foot area (502 cubic yards) of sand along the existing finger piers to 0 feet mean low water. Work will be performed by hand or suction to protect the historic structure.
3) Dredged sand material from moat and pier areas will be contained and temporary stored within upland areas before relocating to the north, south, and isthmus beach areas along Garden Key to restore the beach profile to pre-Hurricane Irma conditions.
4) To repair the existing finger pier structures within the same footprint
5) 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: The applicant has designed the proposed work to the minimal needed to restore the area to prior Hurricane Irma conditions. Additional structural measures are proposed to provide supplemental protection to the fort to reduce and prevent additional impacts to neighboring aquatic resources and preserve the fort structure itself. Turbidity screens will be deployed to isolate the construction site from ambient waters.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The project has been designed in a manner to avoid and minimize impacts to the existing aquatic resources to the maximum extent practicable. The applicant has submitted a coral relocation plan to reduce impacts to existing corals within the project footprint. No impacts to seagrass or federally jurisdictional wetlands are proposed.


The Corps is aware of recorded historic resources within or adjacent to the permit area and the National Park Service is the lead agency 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.


West Indian Manatee: The U.S. Army Corps of Engineers (Corps) has determined the project may affect but is not likely to adversely affect (“MANLAA”) the West Indian manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. 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 (3 & 4) “may affect, not likely to adversely affect”, where no further consultation with the Service is necessary. This determination is based on the applicant following the standard Manatee construction conditions for the proposed activity. The U.S. Fish and Wildlife Service (FWS) has given concurrence with this determination pursuant to Section 7 of the Endangered Species Act. No further coordination with the FWS is required.

Nesting sea turtles and American crocodile: The project site contains suitable nesting habitat for nesting sea turtles and American crocodile. Dredging and beach placement activities will take place outside of sea turtle nesting season. As such, the additional conservation measures being proposed reduces impacts to suitable nesting habitat and the American crocodile. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the nesting sea turtles, American crocodile, and its suitable nesting habitat. The Corps is seeking concurrence with this effect determination. 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.

Piping plover (Charadrius melodus), Roseate tern (Sterna dougallii), Red knot (Calidris canutus rufa): According to the Multi species recovery plan the aforementioned species do not breed in Florida, but may winter in Florida. The PCEs for the species are found in geographically dynamic coastal areas that support intertidal beaches and flats (between annual low tide and annual high tide), and associated dune systems and flats above annual high tide. The property does support a near shoreline intertidal sandy area and a shoal area suitable for foraging; however, the additional conservation measures being proposed reduce impacts to suitable foraging habitat. Dredging and beach placement activities will take place outside of sea turtle nesting season and if beach placement is to take place during shorebird nesting season, daily surveys will be conducted to confirm no active nests are present within work areas. During construction the site will not be ideal for foraging; however, these impacts are temporary. The project will not impact access and usage post construction. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the above-mentioned species and its foraging habitat. The Corps is seeking concurrence with this effect determination.

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), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), Nassau grouper (Epinephelus striatus), Giant Manta ray (Manta birostris), smalltooth sawfish (Pristis pectinata), Acorpora sp. and its designated critical habitat, and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox) species. A no effect determination was reached on smalltooth sawfish critical habitat. The Corps will request National Marine Fisheries Service concurrence with these determinations 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. 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 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. 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, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176 within 21 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 Florida Keys Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail (preferred) at; by telephone at (786) 795-1976.

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 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 (FDEP).

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.