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.

SAJ-2006-05581 (SP-JPF)

U. S. Army Corps of Engineers, Jacksonville District
Published March 12, 2024
Expiration date: 4/11/2024

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:  Mr. Patrick Blair
Port Tampa Bay
1101 Channelside Drive
Tampa, FL 33602


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Seddon Channel/Hillsborough Bay.  The project site is located at Berth 218 in the southwestern corner of Hooker’s Point, Section 31, Township 29 South, Range 19 East.  Directions to the site are as follows:  The project is located at the end of Maritime Boulevard. Permission from the applicant is required to access the site.

Latitude     27.9058
Longitude -82.4372


PROJECT PURPOSE: Basic:  provide berthing for cargo ships.

Overall:  support the deep-water berthing capability of the Port Tampa Bay and improve ship traffic at the south end of Hooker’s Point.

EXISTING CONDITIONS:  The shoreline is dominated by large chunks and slabs of concrete, starting below the Mean High Water line (MHWL) of the adjacent deep-water (43-foot deep) channel and extending landward. There are 1075 square feet of red, white and black mangroves, plus some scattered small trees, growing from two to six feet above the MHWL, along with species such as Brazilian pepper, saltbush, railroad vine, and various upland grass species.

PROPOSED WORK:  The applicant seeks authorization for the following:

  • Removal of the existing pieces of concrete on the shoreline by land-based equipment, and placement of the pieces in an upland area owned by the applicant
  • Construct a new 481-foot long by 125-foot-wide berth by installing 731 linear feet of steel combination wall along the north, west, and south sides of the structure. The wall will include 62 60-inch diameter steel king piles and 176 pairs of steel sheet piles,
  • Placement of 50,250 cubic yards of fill within the structure, including 47,850 cubic yards waterward of the MHWL, and 2400 cubic yards landward of the MHWL,
  • Construction of two breasting dolphins; one 73 feet waterward of the MHWL with four 60-inch diameter and one 24-inch diameter steel pipe piles, and one 106 feet waterward of the MHWL with four 60-inch diameter and two 24-inch diameter steel pipe piles, and
  • Construction of two mooring dolphins; one 42 feet waterward and the other 39 feet waterward of the MHWL and both with four 60-inch diameter steel pipe piles

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 states that they avoided and minimized impacts with their site selection and the project design. The proposed site is an existing berth within the port, and past activities have left minimal aquatic resources onsite.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:  The 1075 square feet, or 0.02 acre, of mangroves provide minimal aquatic resource function, with consideration of the area of mangroves, and their location.

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:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the gulf sturgeon, green sea turtle, loggerhead sea turtle, Kemp’s ridley sea turtle, smalltooth sawfish, and the giant manta ray. The Corps will request concurrence with this determination from the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act (ESA) by separate letter.  The Corps has determined the proposal may affect the West Indian manatee. The Corps will request initiation of formal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the ESA by separate letter. 

The project is within the range of the eastern indigo snake. There is no xeric habitat onsite, and there are no gopher tortoise burrows. A permit, if issued, would include conditions requiring compliance with the Standard Protection Measures for the Eastern Indigo Snake, and for inspection of holes, cavities and refugia before work commencement. Use of the January 2010 eastern indigo snake effect determination key yielded a result of ‘may affect, not likely to adversely affect, no further consultation needed’ (A-B-C-D-E).

The project is within the core foraging area of at least one wood stork colony. Based on available information, the project will not impact suitable foraging habitat. Use of the September 2008 wood stork effect determination key for central and north Florida yielded a result of ‘no effect’ (A-B). No further consultation is necessary.  Information obtained from the U.S. Fish and Wildlife Service’s Information for Planning and Consultation (IPaC) tool indicates that the site is within the range of several other species that are listed, candidates for listing, or proposed for listing under Section 7 of the ESA, specifically the American crocodile, Audubon’s crested caraca, eastern black rail, Florida golden aster, hawksbill sea turtle, loggerhead sea turtle, pygmy fringe-tree, red knot, and the whooping crane (an experimental population). Based on the location of, and available habitat at, the project site, and the nature of the project, the Corps has determined that the proposed activity will have no effect on these species. No further consultation is necessary.

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 0.02 acre of habitat utilized by various life stages of blacktip shark, red drum, reef fish, bonnethead shark, bull shark, shrimp, coastal migratory pelagics, and Atlantic sharpnose shark.  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: Based on the project drawings provided by the applicant, the waterward edge of the proposed structure is 180 feet away from the near bottom edge of the adjacent federal channel, and in line with the waterward edge of the existing structures in Berth 219 directly north of the project site.

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 Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 or via email to the Corps project manager at 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, John Fellows, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302, by telephone at (813) 538-3932, or preferably by electronic mail at :  

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: This project will require a WQC from the Florida Department of Environmental Protection (FDEP). The FDEP file number is 29-0436247-00-EI.

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.