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.


Jacksonville District
Published Oct. 13, 2023
Expiration date: 11/2/2023

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:

WATERWAY AND LOCATION: The project would affect 1.72 acres of waters of the United States associated with the Apalachicola River. The project site in Section 01, Township 09 South, Range 08 West, at 123 and 125 Water Street, Apalachicola, Franklin County, Florida.

Directions to the site are as follows: From the intersection of Hwy-90 and Market Street in Apalachicola, proceed NE on Avenue E for two blocks, turn East on Water Street for two blocks, and 
the property will be on the left.

                                                                          Longitude -84.98154°


Basic: Recreation

Overall: The overall project purpose is to create recreational boating opportunities in the City of Apalachicola.

EXISTING CONDITIONS: The project area consists of an open estuarine system. The onsite vegetation consists of two patches of eel grass (Vallisneria americana) totaling approximately 0.06 acres. The existing area surrounding the project area consists of a dilapidated and abandoned seafood processing company to the north and a commercial
marina with fuel station to the south.

PROPOSED WORK: The applicant seeks authorization to completely remove an existing 40-slip marina to construct a 13,693 square feet, 64-slip commercial docking facility with pump-out station and boardwalk. The docking facility would consist of a 10 foot wide overwater boardwalk with three piers. The southernmost dock shall include a149.5 linear foot (LF) and 8 foot wide access pier, an 88 LF and 8 foot wide terminal platform, three (3) 35 LF by 4 foot catwalks, and three (3) 45 LF by 4 foot catwalks. The middle dock shall include a 181.2 LF and 8 foot wide access pier, a 77.9 LF by 8 foot terminal platform, four (4) 40 foot by 4 foot catwalks, and six (6) 30 foot by 4 foot catwalks. The northernmost dock shall include a 214.5 LF and 8 foot access pier, a 68 LF by 8 foot terminal platform, and ten (10) 30 foot by 4 foot catwalks.

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 project area would be surrounded with floating turbidity curtains during construction and the applicant agrees to abide by endangered species special conditions and construction guidelines for in-water work.


The applicant has provided the following explanation why compensatory mitigation should not be required:

No mitigation is required due to no loss of waters of the U.S. is associated with this activity.


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.


The Corps has determined the proposed project may affect, but is not likely to adversely affect (MANLAA) the green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta), and Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) or its designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

West Indian manatee: The Corps has made the determination of MANLAA for the West Indian manatee and 
its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A>B>C>G>H>I>J>K>N>O>P>1-MANLAA, with no further consultation necessary.  This determination is based on the applicant following the Standard Manatee Conditions for In-Water 
Work, 2011 for the proposed activity.

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 1.72 acres of estuarine waters and 0.06 acre of sea grasses utilized by various life stages of red 
drum (Sciaenops ocellatus), reef fish (various spp.), shark (various spp.), migratory pelagic fish spp.). Our initial determination is that the proposed action would not have a substantial 
adverse impact on EFH or Federally managed fisheries in the Apalachicola River. 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward 
edge of the proposed structure is 275 feet away from the near bottom edge of the Intracoastal 
Waterway federal 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 Erin Campbell, Regulatory Project Manager at 1325 J Street, Sacramento, California 95814, by electronic mail at, or by telephone at (916) 557-5263 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, Erin Campbell at 1325 J Street, Sacramento, California 95814, by electronic at mail by telephone at (916) 557-5263.

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. The Florida Department of Environmental Protection is processing this project under application number 0264697-005-EI/19.

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 thepublic hearing.