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-2019-00033 (SP-LSL)

Published Jan. 16, 2019
Expiration date: 1/30/2019

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:   Panama City Port Authority

                         ATTN:  Mr. Charles Lewis

                         5321 US-98

                         Panama City, Florida 32401

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with St. Andrew Bay.  The project site is located waterward of 400 South East Avenue in Section 15, Township 4 South, Range 14 West, Panama City, Bay County, Florida.

Directions to the site are as follows:  Traveling west from Callaway, turn left at the intersection of US Highway 98 and East Avenue.  Drive 2.4 miles to the Port Panama City East Terminal.  It is located at the southern terminus of East Avenue and is immediately west of the West Rock paper mill.

APPROXIMATE CENTRAL COORDINATES:    Latitude     30.136969° - Longitude -85.62778°


Basic:  Shoreline stabilization.

Overall:  To upgrade an existing bulkhead at the East Terminal of the Panama City Port in Bay County, Florida.

EXISTING CONDITIONS:  The project site is a deep water ship berth used for port cargo operations by owner and applicant, the Panama City Port Authority, a public entity.  The berthing area is routinely dredged with the dredged material consisting of unconsolidated bottom.  The existing area surrounding the project area consists of industrial sites, roads, and open water.

PROPOSED WORK:  The applicant seeks authorization to replace an existing bulkhead at the East Terminal of the Panama City Port Authority.  Specifically, the project would facilitate mooring, and product handling operations of a 40’ draft marine bulkhead ship berthing facility.  The existing bulkhead wall cannot structurally support the forthcoming berth dredging to occur in late 2019.  In order to accommodate the deepening of the berth, the applicant proposes to build a new bulkhead within 7’ waterward of the existing bulkhead.  The new wall would be anchored to the existing wall and the space in between the walls is needed for the connection assembly.  The proposed impacts are 0.14 acre/4,300 cubic yards.

Specifically, turbidity barriers would be placed to encompass the area where the piles are to be driven in the water.  Sheet piles would be brought to the site and staged within reach of the crane.  Temporary piles would be installed initially to support the pile driving template frame.  Piles would be secured on the template frame and driven to the design pile tip depth using a vibratory (and if needed an impact hammer).  Piles would be driven sequentially from one end of the new bulkhead alignment to the other, with the pile driving template being relocated as the pile driving work progresses.  Once the sheet and king piles are installed, a waler would be installed on the water side of the piles and threaded rods are used to secure the walers against the existing bulkhead concrete cap.  Holes would be drilled on the existing concrete bulkhead cap and threaded rods are to be inserted through them to secure the rods to the backside of the cap. Once the new bulkhead sheet piles are secured to the existing bulkhead cap the annular space between the new and existing bulkhead would be filled in with sand up to just below the bottom of the existing bulkhead cap, and the remaining area would be filled with cementitious flowable fill up to the bottom of the new bulkhead concrete cap.  Upon completion of the fill work, the new bulkhead concrete cap is formed and poured. Once the new bulkhead concrete cap has cured, the form work would be removed and the new bollards and fender system would be installed on the concrete cap.  The construction work is anticipated to be performed from a barge and from the uplands.

Limited demolition would be performed behind the existing bulkhead to remove a portion of the concrete apron slab and excavate to expose the backside of the cap where the new threaded rods are to be installed.  The excavated material would be re-used as backfill and the demolished concrete would be recycled as base material to the extents possible.  Any demolished or excavated material that is deemed to be non-reusable would be disposed of off-site by the contractor.  Any of the existing riprap material used as shoreline protection that may need to be temporarily removed for the wingwall pile driving work is to be reinstalled to match existing grade and geometric configuration.  No new shoreline protection material would be introduced or no changes to the existing shoreline are to be performed.  Also, no debris generated from construction activities or any related work is to be introduced into the water.

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 fill location would be limited to the space between the existing and the proposed bulkhead.  The proposed bulkhead was designed to minimize the impact.  The 7’ space in between the walls is needed for the anchoring system.  Turbidity curtains would be utilized.

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

The proposed project is within Section 10 waters and would not impact a special aquatic site.  This area which includes a berthing facility is heavily utilized for industrial purposes and is dredged regularly.  Therefore, no compensatory mitigation is proposed.

CULTURAL RESOURCES:  The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.

ENDANGERED SPECIES:  The Corps has determined the proposed project may affect, but is not likely to adversely affect swimming sea turtles, Smalltooth sawfish, and gulf sturgeon.  The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

The Corps has determined, based on the use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (April 2013), that the proposed project may affect, but is not likely to adversely affect the West Indian manatee with the inclusion of conditions a, b, c, d, and e of the Standard Manatee Conditions for In-water Work (2011).

Due to the lack of habitat present, the Corps has determined the proposed project will have no effect to the red-cockaded woodpecker.

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.  Our initial determination is that the proposed action would have a minor adverse impact on EFH or Federally managed fisheries in the St. Andrew Bay.  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 not 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 Permits Section, 1706 East 5th Street, Panama City, Florida 32401 within 15 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, 1706 East 5th Street, Panama City, Florida 32401; by electronic mail at; or, by telephone at (850) 784-4594. 

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.