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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: D.R. Horton, Inc.
c/o Mr. Joel Coleman
25366 Profit Drive
Daphne, Alabama 36526
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Newman Bayou. The project site is located west of Highway 77 and south of Highway 2300, off of Fanning Bayou Drive in Section 31, Township 2 South, Range 14 West, Bay County, Florida.
Directions to the site are as follows: Head north on Highway 77 to County Road (CR) 2300. Turn left onto CR 2300 and continue to Fanning Bayou Drive. Turn left onto Fanning Bayou Drive and continue south until turning left onto Alegro Drive. Alegro Drive will veer to the right and turn into Hidalgo Drive. Follow Hidalgo Drive south to the roundabout. The day dock site is located south of the roundabout.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30.273004°
Longitude: -85.675775°
PROJECT PURPOSE:
Basic: Water access.
Overall: Provide water access for the residents of the Fanning Bayou residential subdivision in Bay County, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The onsite vegetation consists of slash pine (Pinus elliottii), yaupon (Ilex vomitoria), saltbush (Baccharis halimifolia), marsh elder (Iva frutescens), black needlerush (Juncus roemerianus), switchgrass (Panicum virgatum), seaside goldenrod (Solidago sempervirens), and seashore dropseed (Sporobolus virginicus). The area adjacent to the project area consists of sand live oak (Quercus geminata) and saw palmetto (Serenoa repens).
PROPOSED WORK: The applicant seeks authorization to construct a fixed, pile-supported 34 slip day dock. The day dock consists of a 270.5’ mooring pier with thirty-four 9.5’ by 25’ slips each with a 3’ by 12’ finger pier and a 8’ by 58’ terminal pier. There would be 34 mooring pilings. The total square footage of the proposed structure over water is 3,780. The day dock would not extend more than 25% of the width of the waterway. No live-aboard slips would be allowed. Sewage pumpout facilities, fueling facilities, covered boat slips or a boat ramp are not proposed. Shoreline would be kept natural. There are no submerged aquatic vegetation in the project location. Turbidity curtains are proposed. The applicant would abide by the Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat, Sea Turtle and Smalltooth Sawfish Construction Conditions, and Standard Manatee Conditions for In-water Work.
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 proposed project may affect, but is not likely to adversely affect swimming sea turtles, including green turtle (Chelonia mydas), Kemp’s Ridley turtle (Lepidochelys kempii), and loggerhead turtle (Caretta caretta), Gulf Sturgeon (Acipenser oxyrinchus desotoi), and Smalltooth sawfish (Pristis pectinata). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined, based on the use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (April 2013), that the proposed project may affect, but is not likely to adversely affect the West Indian manatee with the inclusion of conditions a, b, c, d, and e of the Standard Manatee Conditions for In-water Work (2011).
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. Our initial determination is that the proposed action would have a minor adverse impact on EFH or Federally managed fisheries in Newman 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.
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 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, Mr. David Bishof, in writing at the Panama City Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405; by electronic mail at david.e.bishof@usace.army.mil; by facsimile transmission at (850)872-0231; or, by telephone at (850)763-0717, extension 22.
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.