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 Sept. 3, 2020
Expiration date: 10/5/2020

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:        Frazer 24, LLC

                              c/o Bret Clark

                              4705 Hamilton Mill Road, Suite 300

                              Buford, Georgia 30518


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with an unnamed tributary to St. Andrew Bay.  The project site is located on the south side of Highway 98 (Back Beach Road), 0.2 mile north of Holley Lane and McElvey Road Intersection in Section 32, Township 3 South, Range 15 West, Panama City Beach, Bay County, Florida.


Directions to the site are as follows:  From Highway 98 traveling south on Thomas Drive, turn right on McElvey Road for 0.2 miles to the intersection of McElvey Road and Holley Lane.  Turn right on Holley Lane.  Travel North on Holley Lane approximately 0.2 mile. Site is on the east side of Holley Lane.


APPROXIMATE CENTRAL COORDINATES:          Latitude          30.1851°

                                                                                  Longitude -85.7644°




Basic:  Residential development


Overall:  To provide multi-family housing opportunities to Naval Support Activity and east end of Panama City Beach.


EXISTING CONDITIONS:  The project site is a 15.75 acre tract which consists of 14.55 acres of uplands and 1.20 acres of wetlands. The upland and wetland habitats on the property have been impacted by fire suppression and past silviculture practices. The wetland is vegetated with slash pine, sweetbay magnolia, titi, large gallberry, fetterbush, sweet pepperbush, wax myrtle, popcorn tree, grapevine, and greenbrier vine.  In addition, a large jurisdictional ditch is present on the north property boundary.  The existing area surrounding the project area consists of a mix of commercial and residential properties.


PROPOSED WORK:  The applicant seeks authorization to fill in 1.20 acres of wetlands in order to construct a 152 unit residential townhome development with associated infrastructure and stormwater facilities.


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:


Jurisdictional impacts cannot be avoided due to the size and location of the wetlands.  The project has minimized direct impacts by designing and limiting the project footprint to those necessary to construct the project.  Project impacts avoid all impacts to the ditch on the northern boundary which drains into St. Andrews Bay.  Erosion and sedimentation measures would be utilized.


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


To offset unavoidable impacts that will occur from these authorized activities, the permittee has reserved, and shall purchase 0.72 non-forested wetland credits from the Breakfast Point Mitigation Bank.


CULTURAL RESOURCES:  The Corps is aware of historic property/properties within or in close proximity of the permit area.  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:  Based upon use of the Eastern Indigo Programmatic Effect Determination Key, the Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake.  No additional correspondence with U.S. Fish and Wildlife Service is required.  Based on the Determination Key in the Standard Local Operating Procedures for Endangered Species (March 2020) document, the Corps determined that the proposed project would have no effect on the red cockaded woodpecker. 


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, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407 Attention: Tracey Wheeler 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, Ms. Tracey Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32405; by electronic mail at; or, by telephone at (850) 287-0138. 


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.