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: Mr. Donald and Mrs. Erica Smith
555 County Road 715
Enterprise, Alabama 36330
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Grand Lagoon/St. Andrew Bay. The project site is located adjacent to 1819 Weakfish Way, in Bay Point, Panama City Beach, Bay County, Florida.
Directions to the site are as follows: From the intersection of US 98 and Thomas Drive, travel south on Thomas Drive approximately 2 miles, turn left on Magnolia Beach Road, travel 1 mile and make a slight right on Delwood Beach Road. Travel 0.5 mile on Delwood Beach Road, and turn right on Bay Point Road, and enter Bay Point Resort. Follow Bay Point Road approximately 0.5 mile, and turn right onto Weakfish Way. The project site is located at the end of Weakfish Way, on the right side.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.1476°
Basic: Single-family residence.
Overall: The overall project purpose is construction of a single-family home with recreational water access in southern Bay County, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The onsite vegetation consists of Spartina patens and Distichlis spicata. The parcel is undeveloped and has been mowed. The existing area surrounding the project area consists of residential housing, roadway and Grand Lagoon.
PROPOSED WORK: The applicant seeks authorization to impact 0.2 acre of jurisdictional tidal wetlands in order to construct a single family residence. The project would include approximately 200 feet of seawall to provide fill control and stabilization. The seawall would be built mostly landward of the mean high water line (MHWL). Approximately 4 feet would be constructed below MHWL. The seawall would be constructed from corrugated vinyl sheet piling held in place by horizontal wooden walers. There would be 10 foot tie back rods installed throughout the seawall to anchor the structure to the property boundary. The top of the seawall would be constructed of pressure treated wood decking and pressure treated wood pilings would be installed along the seawall and approximately 1600 cubic yards of fill proposed to make the property level with the 5 foot road elevation. Silt fencing would be utilized.
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:
Through previous site revisions, the proposed wetland impacts have been reduced from 0.33 acre to 0.2 acre. The remaining wetland consists of the southern portion of the parcel and areas along the shoreline. In addition, previously proposed structures and an upland cut boat slip have been removed from the plans and the seawall relocated further inland.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has offered to purchase 0.11 federal palustrine mitigation bank credits from 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 proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 proposal would impact approximately 0.2 acres of tidal wetland. Our initial determination is that the proposed action would have a minor adverse impact on EFH or Federally managed fisheries in Grand Lagoon. 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, 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 email@example.com; 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.