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: Suzuki Motors of America, Inc.
Attention: Joseph A. Winkler
3251 East Imperial Highway
Brea, CA 92821
WATERWAY AND LOCATION: The project would affect waters of the United States associated with North Bay and Robinson Bayou. The project site is located at 3830 and 4000 Frankford Avenue in Panama City, Bay County, Florida.
Directions to the site are as follows: Heading east on US-98 E/Back Beach Road/Panama City Beach Parkway, drive over the Hathaway Bridge, then use the left 2 lanes to turn slightly left onto FL-368 E/ West 23rd Street. Continue for 1.9 miles, then turn left onto FL-390 E/St Andrews Boulevard. Travel for 0.6 miles then turn left onto Frankford Avenue. Continue for 1.7 miles to the end of Frankford Avenue, proceed through the gate, then continue another 0.2 miles to the parking lot adjacent to the project area.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.124026°
Longitude -85.697891°
PROJECT PURPOSE:
Basic: Marine commercial development.
Overall: To construct a marine products testing facility in Panama City, Florida.
EXISTING CONDITIONS: The project is located on the site of a previously existing laboratory facility and contains existing waterfront features that were constructed between 1964 and 1975. The existing waterfront structures include a 15 feet wide by 51 feet long concrete boat ramp with a timber dock and 13 feet by 30 feet timber boat house along the Robinson Bayou shoreline and a 457 feet long steel sheet pile bulkhead with a concrete cap, 51 feet by 103 feet haul-out well, a 172 feet by 17 feet riprap groin and multiple stone revetments along the North Bay shoreline. While still functional, the structures have fallen into a state of disrepair since the facility that previously existed on the site closed down nearly a decade ago and was further damaged by Hurricane Michael in 2018. There is also an excavated boat basin and navigation channel leading from North Bay to the facility and approximately 5,000 linear feet of shoreline containing 579 linear feet of riprap along the property boundary.
In addition to the existing infrastructure, the property contains tidal emergent and wooded wetlands as well as upland habitats. The wetland system consists of emergent estuarine marsh dominated by Juncus roemerainus and hydric pine wetlands vegetated with Pinus elliottii (slash pine), Cyrilla racemiflora (buckwheattree), Magnolia virginiana (sweetbay), Myrica caroliniensis (bayberry), Myrica cerifera (wax myrtle), and Ilex glabra (gallberry). The onsite uplands contain vegetation consisting of Pinus elliottii (slash pine), Magnolia grandiflora (southern magnolia), Quercus nigra (water oak), Q, Serenoa repens (saw palmetto), and Lyonia ferruginea (rusty staggerbush). The existing area surrounding the project area consists of commercial development and undeveloped land.
PROPOSED WORK: The applicant proposes to construct an 80 foot by 7 foot fixed dock and ramp to access an 8 foot by 309 foot floating dock with four 25 foot by 3 foot finger piers and an 8 foot by 91 foot pier with four 3 foot by 25 foot finger piers, an 8 foot by 100 foot T-head and three 3 foot by 25 foot long finger piers on the northeast portion of the docking facility. This dock structure would provide slips for 22 vessels. The northeast dock structure connects to the launch pier adjacent to the boat ramp by a metal ramp. There are 6 foot by 102 foot fixed wooden launch piers proposed on either side of the boat ramp. On the southwest portion of the docking facility, the applicant proposes to construct an 8 foot by 252 foot shore parallel dock with four 4 foot by 25 foot finger piers, an 8 foot by 57 foot long pier with two 3 foot by 20 foot finger piers, an 8 foot by 88 foot T-head and three 4 foot by 30 foot finger piers. This dock structure will provide slips for 18 vessels. In addition to the dock structures, the applicant seeks authorization to excavate 350 cubic yards of material to expand the existing boat ramp to 40 feet wide by 51 feet long. An additional area measuring 60 feet by 88 feet would be excavated to access the -5 feet depth contour. Vertical sheet pile walls are proposed on either side of the ramp, extending from the proposed 8 feet by 51 feet launch piers into the substrate. In order to expand the existing 103 feet by 51 feet haul out facility, the applicant proposes to excavate 300 cubic yards of material to create a 100 feet by 172 feet basin. The basin would contain a 17 feet by 65 feet travel lift and two 6 feet by 65 feet aluminum launch piers. The existing 457 linear feet of seawall would be removed and repaced with 715 linear feet of seawall, indtalled within 24 inches of the existing alignment and extending to the north and east, along the shoreline. Also proposed is construction of a living shoreline consisting of 1,100 linear feet of offshore breakwater with shallow fill and vegetation planting landward of the breakwater, resulting in the placement of fil in 0.30 acres of shallow water habitat. Riprap material would be placed along 1,495 linear feet of shoreline, filling 0.34 acres of shallow water. The applicant proposes to construct a docking facility with 40 wet slips which connect to the launch docks adjacent to the boat ramps. A temporary mooring area adjacent to the ramps will provide transient slips for 10 vessels.
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:
While wetland and SAV habitat is documented within the project area, the dock layout incorporates significant avoidance and minimization to minimize potential impacts to the greatest extent practical. Notably, the layout of the docking facility traverses no seagrass patches or beds. The dock layout also incorporates additional length to minimize the footprint over existing wetlands and proposes grated decking where one
of the access docks traverse wetlands. Further, all mooring, slips, and transit areas proposed for the docking facility have been situated so they are seaward of the proposed access docks which will ensure sufficient depths over the bay bottom. No seagrass or wetlands occur adjacent to or within the footprint of the haul-out facility.
In June 2020 Cypress Environmental staff located the extents of submerged aquatic vegetation within the vicinity of the project area. See Attachment 7: Seagrass Survey Report for details. In October 2019 Cypress Environmental staff delineated the wetlands within the vicinity of the project (See Attachment 5). These habitats have also been depicted on appropriate figures in the Permit Drawings. While wetland and submerged aquatic vegetation (SAV) habitat is documented within the project area, the dock layout incorporates significant avoidance and minimization to minimize potential impacts to the greatest extent practical. Most notably, the structure layout of the docking facility strategically avoids all seagrass beds or patches. The dock layout incorporates additional length to minimize the footprint over existing wetlands and proposes grated decking where the third access dock traverse wetlands. Further, all mooring, slips, and transit areas proposed for the dock facility have been situated so they are seaward of the proposed access docks which will ensure sufficient depths over the bay bottom. No seagrass or wetlands occur adjacent to or within the footprint of the haul-out facility.
The docking facility and docks associated with the haul-out facility consist of clean concrete (or other non-leaching materials) and timber components (e.g. wrapped timber) to reduce the potential for contaminants introduction. For the living shoreline component, marsh sills will be composed of riprap stone and/or clean oyster shell and clean sand as needed to facilitate postconstruction planting. Pile driving as part of project construction is not expected to impact water quality, however, the contractor will install turbidity curtains to surround the general work area. The contractor will monitor and maintain turbidity and erosion control devices according to FDEP protocol. See the Permit Drawings for more details regarding the existing conditions of the project site and for details on the turbidity control measures.
The applicant does not anticipate adverse permanent impacts to fish, wildlife, or their habitats due to construction. Further, the project excludes fish cleaning stations and live-aboard slips and all fueling facilities will be located on the uplands. Proposed in-water materials are nonleaching and best management practices to maintain water quality (e.g., turbidity curtains, erosion controls, etc.) will be implemented during construction. As such, impact to water quality is not anticipated. No specific recommendations pertaining to the project have been received from FWC, FWS, or NMFS. However, the applicant may implement applicable JAXBO recommendations including educational species signage, monofilament recycling bins and trash receptacles. The project will incorporate best management practices to avoid impacts to fish, wildlife, and their habitats.
For public safety, white navigation lights at the end of the docks in Robinson Bayou will be installed.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Permanent and temporary wetland impacts for the project total 0.148 acres. These impacts will be compensated by the proposed onsite 0.248-acre living shoreline which includes increasing marsh elevations to improve resilience to sea level rise and native vegetation planting. The impacts result from the construction of the boat ramp and marsh sills (0.028 acres), grated decking where the access docks traverse wetlands (0.010 acres), as well as those areas landward of the proposed marsh sills where clean sand fill is to be placed and vegetation to be planted where salt marsh currently exists (0.110 acres) for a total functional loss of 0.02. However, the functional gain (0.08) of those areas of the living shoreline landward of the proposed marsh sills where clean sand fill is to be placed and vegetation to be planted, and where salt marsh currently does not exist, would compensate for any losses of wetland function. While the proposed dredging impacts 0.169 acres of surface waters, compensatory mitigation is not proposed as permanent impacts will only affect the unvegetated sand bottom, which is void of any significant submerged resources (i.e., seagrass, oyster). The water column itself will only be impacted temporarily, the impacts of which will be minimized through the use of sediment & erosion controls.
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:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the loggerhead sea turtle, green sea turtle, Kemp’s ridey sea turtle, hawksbill sea turtle, Gulf sturgeon, smalltooth sawfish, West Indian manatee and eastern indigo snake or its designated critical habitat. 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 proposed fill would impact approximately 0.148 acre of emergent tidal marsh and 0.169 acre of shallow estuarine waters utilized by various life stages of coastal pelagic species. Our initial determination is that the proposed action may have a substantial adverse impact on EFH or Federally managed fisheries in North Bay and Robinson Bayou. 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 8,000 feet away from the near bottom edge of the Intracoastal Waterway Federal 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/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 Blvd, Suite 411, Panama City Beach, Florida 32407 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, Tracey L. Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411, Panama City Beach, Florida 32405; 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 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.