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: Mr. Joel Coleman
D.R. Horton, Inc.
25366 Profit Drive
Daphne, Alabama 36526
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Callaway Bayou. The project site is located at 7222 Boatrace Road in Section 20, township 4 South, Range 13 West, Callaway, Bay County, Florida.
Directions to the site are as follows: Heading east on 15th Street, follow the road south toward Tyndall Parkway. Turn east on Boatrace Road. The site is located south of Boatrace Road and east of South Berthe Avenue.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.12534°
Basic: Residential subdivision.
Overall: To construct a residential subdivision that provides housing for the City of Callaway and the surrounding areas in Bay County, Florida.
EXISTING CONDITIONS: The wetland system consists of a 3.9-acre palustrine forested and saltwater marsh system. The wetlands onsite are classified as stream and waterways, hydric pine flatwoods, and salt marsh according to Florida Natural Area Inventory. The onsite vegetation consists of slash pine, loblolly pine, Chinese tallow, wax myrtle, yaupon holly, greenbriar, dog fennel, black needle rush, salt meadow cordgrass, marsh elder, and sawgrass. The existing area surrounding the project area consists of residential neighborhoods to the north, west and south and Callaway Bayou to the east.
PROPOSED WORK: The applicant seeks authorization to permanently impact 1.73 acres and temporarily impact 0.01 acre of palustrine wetlands in order to construct a residential subdivision and associated infrastructure. Erosion and sedimentation controls are proposed.
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:
Selection of the project site allowed for avoidance of wetlands. The alternative sites had substantially greater coverage than the project site. Additionally, impacts were limited to ditches and disturbed wetlands that were previously used for agriculture.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase 1.11 palustrine herbaceous bank credits from Sweetwater Mitigation Bank.
The Corps has determined the permit area is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”. By letter dated 30 November 2009, the State Historical Preservation Office, project number 2009-06519, concurred the project is unlikely to affect cultural resources.
ENDANGERED SPECIES: The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 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 Permit 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)763-0717, extension 27, 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.