Public Notice Notifications

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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-2017-03369 (SP-LSL)

Published Aug. 15, 2018
Expiration date: 9/13/2018

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:

Lee Nunn
1288 Fern Hill Court
Tallahassee, Florida 32312

WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed wetlands connected to the Gulf of Mexico. The project site is located north of Front Beach Road and south of Highway 98, between Allison Avenue and Cauley Avenue, in Section 31, Township 3S, Range 15W, Bay County, Florida.

Directions to the site are as follows: From Panama City, take Highway 98 west to Panama City Beach. Once over the Hathaway Bridge, turn southwest onto Front Beach Road. The site is located north of Front Beach Road and south of Highway 98, between Allison Avenue and Cauley Avenue.


Latitude 30.186998⁰
Longitude -85.780528⁰


Basic: Residential development.

Overall: To construct a multi-family residential community with an emphasis on senior independent living and associated stormwater treatment and infrastructure in the Panama City Beach area in Bay County, Florida.

EXISTING CONDITIONS: The wetland system consists of a freshwater system. The wetland vegetation consists of Pond cypress (Taxodium ascendens), swamp tupelo (Nyssa sylvatica var. biflora), sweet bay (Magnolia virginiana), slash pine (Pinus elliottii), southern magnolia (Magnolia grandiflora), sweet pepperbush (Clethra alnifolia), black titi (Cliftonia monophylla), titi (Cyrilla racemiflora), large gallberry (Ilex coriacea), fetterbush (Lyonia lucida), staggerbush (Lyonia ferruginea), saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), and popcorn tree (Sapium sebiferum). The wetlands are forested and have been hydrologically altered by ditches and long-term drainage. The organic soil surfaces have subsided and the hydrology is no longer appropriate for a functioning wetland. Any hydrologic indicators that persist would be best described scientifically as relictual. The wetland is transitioning into a mesic forest.

There are ditches located along the western and eastern boundaries of the site and a ditch that runs southwest to northeast through the site. The water in the ditches has significant water quality degradation. There is algae, woody debris and organic material, and trash in the ditches. Plant species observed along the ditches include: Sweet pepperbush (Clethra alnifolia), netted chainfern (Woodwardia areolata), warty panicgrass (Panicum verrucosum), narrowleaf sunflower (Helianthus angustifolius), yankeeweed (Eupatorium compositifolium), tropical bushmint (Cantinoa mutabilis), bahiagrass (Paspalum notatum), common broomgrass (Andropogon virginicum), blackberry (Rubus argutus), beggarticks (Bidens alba), and muscadine (Vitis rotundifolia).

The mesic flatwoods habitat has a canopy of slash pine and southern magnolia. The mesic flatwoods are fire-suppressed. Other plant species observed include: laurel oak (Quercus hemisphaerica), large gallberry (Ilex coriacea), gallberry (Ilex glabra), sweet pepperbush (Clethra alnifolia), fetterbush (Lyonia lucida), staggerbush (Lyonia ferruginea), Chinese privet (Ligustrum sinense), black titi (Cliftonia monophylla), saw palmetto (Serenoa repens), muscadine (Vitis rotundifolia), blackberry (Rubus argutus), bracken fern (Pteridium aquilinum) and popcorn tree (Sapium sebiferum).

The ecosystems on this site have been impacted by the nearby residential and commercial developments and the construction of roads and ditches (both on-site and off-site). The site has also been disturbed by dumping, ATVs, and mechanical equipment. The site is bounded on the west and on the east by a ditch and residential areas. Kilgore Road, Front Beach Road, a church, a few residences, and commercial buildings are located south of the site. A ditch, a residence, a commercial building, and Highway 98 are located north of the site.

PROPOSED WORK: The applicant seeks authorization to impact 4.643 acres of wetlands to construct a multi-family residential community with emphasis on senior independent living and associated stormwater management and infrastructure. Additionally, 0.481 acres of ditch impacts are proposed in order to relocate and realign the ditch along the southern boundary of the site which would result in a larger ditch (1.165 acres). A 4’ by 12’ box culvert is proposed to be constructed under the access road. Erosion and sedimentation controls are proposed.

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:

Minimization and avoidance was considered during the design of the project. The initial concept was to obtain a minimum number of units in the most compact manner possible with the intent of avoiding impacts to the greatest extent possible. The subject property contains various areas of jurisdictional wetlands. Of these wetlands, impacts to the ditches and the southern wetland were dictated by design constraints.

Ditch impacts occur as a result of relocation of a county trunk-line ditch that bisects the property. The ditch is an old mosquito control ditch that has been poorly maintained and contributes to upstream flooding. The ditch is proposed to be relocated and reconstructed to provide a more efficient and maintainable shape, to increase capacity, to reduce erosion and deposition of silt and sand in the downstream wetlands, and to move the ditch to a location that is more compatible with development. The location and specifics of the design have been coordinated with Bay County. Bay County updated the regional model specifically to evaluate the design of this project and adjacent projects and to verify the design and capacity of the ditch. These impacts cannot be minimized or avoided because the impacts are necessary to provide improved performance and capacity of the regional drainage system.

The southern wetland impacts result predominately from ditch relocation and grading of the site to meet minimum flood zone requirements. The impacts are unavoidable based on the necessary location of the relocated ditch.

Minimization of impacts to the wetland was considered based on a reduction in the size of development, but it was quickly apparent that no appreciable avoidance could occur without reducing the size of the project to a level that rendered the project unfeasible. To minimize the impacts, the designed project is as compact as possible and the buildings are as tall as allowed by the county comprehensive plan.

In addition to the engineering challenges, minimization of the residential community, as noted previously, was limited due to the need for a certain number of units to make the project feasible. Although the assisted living facility is an independent project, it is an integral part of the project design for the multi-family residential community. The planned project contains a minimum number of units to allow the units to be priced at a level that is attainable for seniors and veterans on fixed incomes.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The proposed mitigation consists of 1.84 forested mitigation bank credits to be purchased from the Breakfast Point Mitigation Bank.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

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, Mrs. Lisa S. Lovvorn, in writing at the Panama City Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405; by electronic mail at; by facsimile transmission at (850) 872-0231; or, by telephone at (850)763-0717, extension 27.

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 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.