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-2016-00647 (SP-DEB)

Published July 5, 2018
Expiration date: 8/6/2018

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) as described below:

APPLICANT: Allen Spikes
James Spikes Revocable Trust
4124 Highway 2321
Panama City, Florida 32409

WATERWAY AND LOCATION: The project would affect waters of the United States associated with an unnamed barrow pit connected to Hodges Bayou. The project site is located at 4124 County Road 2321, in Section 26, Township 2 south, Range 14 west, Southport, Bay County, Florida.

Directions to the site are as follows: From Panama City take State Road 77 north to Southport and turn east onto County Road 2321. Continue for approximately 1.1 miles to the intersection with Kingswood Road, the site is on the south side of the road.

APPROXIMATE CENTRAL COORDINATES:

Latitude 30.27300°
Longitude -85.67578°

PROJECT PURPOSE:

Basic: Residential Construction.

Overall: To expand the Hodges Bayou Plantation Phase II, residential subdivision in Bay County to include construction of a stormwater treatment pond and associated infrastructure.

EXISTING CONDITIONS: The wetland system consists of a manmade lake/barrow pit freshwater system. The onsite vegetation consists of yellow eyed grass (Xyris sp.), umbrella grass (Fuirena sp.), hairgrass (Eleocharis baldwinii), torpedo grass (Panicum repens) and broom grass (Andropogon virginicus). The existing area surrounding the project area consists of an improved pasture undergoing transformation into a residential subdivision.

PROPOSED WORK: The applicant seeks authorization to fill 3.46 ac. of mixed surface waters and wetlands and to construct a stormwater control structure and outfall impacting an additional 0.01 ac. of wetlands. The proposed work will result in converting a manmade lake into a stormwater treatment pond.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant will purchase 0.11 wetland mitigation credits from the Sweetwater Mitigation Bank.

CULTURAL RESOURCES:

The Corps has determined the permit area is the footprint of the existing manmade pond and the proposed expansion area. The Corps is aware of historic property/properties within or in close proximity of the permit area. The project area was subject to an archaeological survey (DHR Survey # 26989) that was reviewed by the Florida SHPO in April 2018. The survey relocated archaeological site 8BY2053, and further refined the southern boundary of the site. The research indicated that the site most likely extends beyond the property line towards the west and north and that there was insufficient information of the remainder of the site to make a National Register eligibility determination. However, the investigator concluded that the site's expression within the current project area does not appear significant. The SHPO concurred with this recommendation. The Corps has reviewed the report and finds the fieldwork complete and sufficient. Of special note, the investigator did not shovel test the eastern portion of the project area due to its very low probability and to the large amount of exposed surface available for visual reconnaissance. This portion of the project area retains poorly drained soils that had been subject to intensive clearing, ditching and grading. While water sources are in the general vicinity of this soil type, better drained soils are adjacent to these water sources that would have been more attractive for prehistoric population uses. The combination of poor soils, extensive land disturbance, and broad exposed soils for visual reconnaissance suggests that field approach for this portion of the project area is sufficient. Therefore, the Corps has determined that the project will have no adverse effect to historic properties. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES:

The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi). 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 0.33 acres of manmade freshwater littoral wetlands utilized by various life stages of freshwater fish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the unnamed lake. 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.

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 been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Panama City Permit Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405 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, Mr. David Bishof, in writing at the Panama City Permit Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405; by electronic mail atDavid.E.Bishof@usace.army.mil; by facsimile transmission at (850)872-0231; or, by telephone at (850)763-0717 ex. 22.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

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. 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.