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-2023-02579 (SP-TLW)

Jacksonville District
Published Feb. 13, 2024
Expiration date: 3/6/2024

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) as described below

APPLICANT:  Tyndall Air Force Base (AFB)

                         Attention: Lieutenant Colonel Brandon Rocker

                        103 Mississippi Road, Building 36234

                        Tyndall Air Force Base, Florida 32403

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with East Bay adjacent to the munitions’ storage area and flightline at Tyndall AFB in Section 45, Township 4 South, Range 14 West, Tyndall Air Force Base, Bay County, Florida.

Directions to the site are as follows:  From Panama City, head east on US Highway 98 Business East/5th Street and merge left onto US Highway 98/Tyndall Parkway. Cross the Dupont Bridge and enter Tyndall AFB. Turn left on Airey Avenue and enter the security gate. Turn left on Florida Avenue and take a left on Ammo Road. Turn right on Ammo Loop Road and arrive at the project site.

APPROXIMATE CENTRAL COORDINATES:         Latitude       30.066951°

                                                                                 Longitude -85.551558°

PROJECT PURPOSE:

Basic:  Repair and improve Air Force Base damaged during Hurricane Michael

Overall:  Improve existing facilities to support the beddown of the F-35A Operational Wing at Tyndall AFB.

EXISTING CONDITIONS:  The wetland system consists of a heavily impacted system of nontidal, tidal, freshwater and estuarine waters and wetlands located within and adjacent to the existing flight line and munitions storage area at Tyndall AFB. The wetlands within the project area have been altered since the base was originally constructed. Fill material was placed in existing wetlands during construction in order to create the runways and adjacent infrastructure. In order to reduce flooding and deter wildlife, surface water and stormwater flows have been redirected and removed, several times of the life span of the base. Vegetation is regularly mowed and maintained within the fenced storage area. Adjacent wetlands are a mix of forested flatwoods, tidal creeks and emergent marsh. On October 10, 2018, Tyndall AFB sustained a direct hit from Hurricane Michael, a category five hurricane with wind speeds in excess of 156 miles per hour. This was the strongest sustained wind hurricane to hit the continental United States in over 25 years. Every facility on the installation sustained at least some damage with more than 50 percent of the facilities significantly damaged. Hurricane Michael caused extensive damage to Tyndall AFB facilities, infrastructure, and environmental conditions base wide, including within the project area. The existing area surrounding the project area supports an active military base and State Highway 98, which provides access to communities within Bay County.

During preliminary investigation for project design, unauthorized impacts occurred to 0.68 acre of mixed hardwood forested wetlands. Approximately 0.17 acre of these impacts is located outside of the proposed project impact area. The applicant proposes to avoid future impacts and to allow this area to revegetate naturally. 

PROPOSED WORK:  The applicant seeks authorization to impact 12.78 acres of jurisdictional waters, including wetlands in order to construct above ground munitions storage areas to support the F-35A Operational Wing. The project includes construction of maintenance and support facilities, site work, utilities, stormwater treatment facilities, landscaping, fencing and parking. The project also includes authorization of impacts that occurred during geotechnical sampling, resulting in unauthorized impacts to 0.68 acre of mixed hardwood forested wetland.

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 project limits were designed to utilize existing infrastructure, previously impacted areas, and upland areas where possible. There are no practicable alternatives to the Proposed Action that would avoid all impacts or further minimize impacts to wetlands because the objectives sought by this project precludes the selection of any practicable alternatives due to mission requirements, installation layout constraints, and the nature of proposed project.

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

Tyndall AFB would purchase mitigation credits at an approved mitigation

bank prior to impacting any wetlands. The mitigation would be tied to construction

contracts which have not yet been issued. There is only one approved mitigation bank within the basin (Horseshoe Creek Mitigation Bank).

CULTURAL RESOURCES: 

As Lead Federal Agency, Tyndall AFB is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. Their 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: 

As Lead Federal Agency, Tyndall AFB initiated consultation with the U.S. Fish and Wildlife Service (USFWS). Tyndall AFB has determined that the proposed actions may affect and is likely to adversely affect the endangered plant telephus spurge (Euphorbia telephioides). By letter dated March 25, 2020, the USFWS concurred with this determination and concluded that the Action is not likely to jeopardize the continued existence of the E. telephioides. Consultation for listed species is complete and concurrence of effects determinations have been received. No further consultation is required.

ESSENTIAL FISH HABITAT (EFH):  As Lead Federal Agency, Tyndall AFB initiated consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Tyndall AFB initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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: The proposed activity is not located in the vicinity of a federal navigation channel.

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 Panama City Permits Section Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407 within 21 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, Tracey L. Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at tracey.l.wheeler@usace.army.mil; 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.  

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: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0423761-007-EI/03.

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.