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 Feb. 21, 2024
Expiration date: 3/22/2024
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: Stock Island Owner, LLC
C/o Mr. Victor Ballestas
105 SE 2nd Avenue, Suite 800
Miami, Florida 33131

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 7001-7009 Shrimp Road in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida. RE#

Directions to the site are as follows: Take U.S. 1 South to Overseas Highway to MM4.5; Turn left onto 5th Street; Turn left 5th Avenue; Turn right onto Shrimp Road; Project located at terminus of road.

Longitude -81.737387º


Basic: The basic project purpose is to improve boating access and shoreline stabilization.

Overall: The overall project purpose is to improve boating access and shoreline stabilization within Stock Island, Florida.

EXISTING CONDITIONS: The property is a long-standing commercial marina located at the Perry Hotel and formerly known as Stock Island Marina Village. The entire facility is man-made and includes three main boat basins; Basins A, B and C. The proposed improvements are limited to Basins B and C and include seawall repairs and reconfiguration and expansion of existing boat docks. The project is a developed commercial marina with active in water dockage, fuel sales and upland facilities including a hotel, multiple restaurants and commercial and retail space. The site is a busy marina with high vessel activity. The existing marina currently supports 216 wet slips. The existing marina has been present since at least 1971 with varying capacities of vessels. In addition, the project has obtained numerous DA permits for various marina reconfiguration designs and maintenance work. However, the previously authorized work was not completed. The current owners now request to complete the remaining seawall work not previously completed and reconfiguration the marina to accommodate a total of 295 wet slips and 100 dry slips at the subject site.

The land base portion of the property is fully developed uplands; no wetlands or shoreline vegetation is present in the project area. The benthic community attached to the seawall and associated pilings consists of moderate to dense cover macroalgae, sponges, tunicates, bivalves (barnacles, oysters) and hydrozoans. Filamentous brown and green algae is the most abundant macroalgae on the seawall, composed of attached clumps in areas with adequate light availability. No seagrass communities, hardbottom habitats, or hard or soft corals are associated with any portion of the seawall repair assessment area. Note: A small number of small Siderastrea radians coral colonies (4 colonies all ± 5 cm) were observed attached to the riprap adjacent to the wood docks, but these corals had recently died as a result of the severe bleaching event of summer, 2023. Since these corals were clearly dead, they were not assessed as living marine resources, and are only mentioned for completeness of the report. The seafloor throughout Basin B and C, including the buffer assessment areas adjacent to the seawall, was uniformly a disturbed substrate composed of deep, soft muck and accumulated organic material. Benthic resources were sparse and limited to cyanobacteria mats and occasional clumps of filamentous brown and green algae.

PROPOSED WORK: The applicant seeks authorization to conduct the following work:
To reconfigure the existing marina within Basin “B” and “C” totaling 48,595 square feet of floating docks to accommodate a total of 295 wet slips and 100 dry slips subject site. The project would result in a net increase of 179 vessels based on the existing slip count.
To replace a 1,869 square foot (614.8 square foot within the MHWL) marginal wood dock within the same location.
To repair 5 seawall sections totaling 1,762 linear feet resulting in 1,566 cubic yards of fill within a 2,643 square foot area for the maintenance and hardening to accommodate a forklift drop area for the proposed dry storage area.
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: 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: No wetlands or seagrass are located within the project area; therefore, no compensatory mitigation is required.

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.


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) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: A-B-C-G-H-I-J-L-N-O-P1 “may affect, but is not likely to adversely affect.” This determination partially was based on the implementation of the Standard Manatee Conditions for In-Water Work. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the manatee dated April 2013.

The project is located within American crocodile (Crocodylus acutus) the designated critical habitat area. According to the 28 October 2014 American Crocodile Key, the property does not support suitable nesting habitat for the crocodile. Use of the Key resulted in the sequence #2 may affect, not likely to adversely affect. The Corps has concurrence with this determination pursuant to the Effect Determination Key dated October 2014.

The real estate parcel number is 00123761-000400 and is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.

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), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), the smalltooth sawfish (Pristis pectinata), and Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on queen conch (Aliger gigas), Acorpora sp. and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, and Mycetophyllia ferox) and 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.

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 51,852 square feet of submerged bottom potentially utilized by various life stages of shrimp, sailfish, Atlantic sharpnose shark, Caribbean shark, blacktip shark, lemon shark, snapper grouper, spiny lobster, reef fish, and coastal migratory pelegics. 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, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176 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, Maria Bezanilla, in writing at the Florida Keys Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at or 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.

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 South Florida Water Management District.

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.