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 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Keith Carnley
Laguna Haven, LLC
726 Thomas Drive
Panama City Beach, FL 32408
WATERWAY AND LOCATION: The project would affect waters of the United States associated with West Bay and Lake Powell. The project site is located north of Wells Street, San Souci Boulevard and Vestavia Street on the north side of Panama City Beach Parkway.
Directions to the site are as follows: From Panama City: West on US Highway 98 across Hathaway Bridge to Panama City Beach, continue west on US Highway 98 for approximately 10.55 miles then right (north) onto North Wells Street, continue for approximately 170 LF. The property is located to the north at the end of North Wells Street.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.244535°
Basic: Single family residential development
Overall: Construction of a single-family residential subdivision with associated infrastructure servicing the west end of Panama City Beach, Bay County, Florida.
EXISTING CONDITIONS: The wetland system consists of a mixed pine flatwoods freshwater system. The onsite vegetation consists of Vegetation includes Pinus elliottii (slash pine), Magnolia virginiana (sweetbay), Morella cerifera (wax myrtle), Ilex glabra (gallberry), and Andropogon spp. (bluestem). The existing area surrounding the project area consists of residential development to the south and west of the project property and commercial development to the east. The property to the north of the property is undeveloped forested land.
PROPOSED WORK: The applicant seeks authorization to place fill material in 0.99 acres of jurisdictional wetlands associated with construction of a 40-lot residential subdivision, stormwater management facilities and recreational facilities.
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:
Jurisdictional wetland areas occupy approximately 2.47 acres, or 20% of the 11.84-acre project site, being jurisdictional for the Northwest Florida Water Management District (WMD), as well as, the US Army Corps of Engineers (USACE). The original submitted project proposed impacts to 78% of the onsite wetlands. The project was subsequently minimized to reduce wetland impacts by 50%, reducing proposed impacts from 1.97 acres to 0.99 acres. The remaining 1.48 acres of onsite wetlands will remain undisturbed.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset the 0.99 acres of wetland impacts, as well as, secondary impacts associated with the proposed project, the applicant is proposing to purchase 0.68 wet prairie / flatwood credits from the Breakfast Point Mitigation Bank.
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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake based upon use of the programmatic key. Additionally, the Corps has determined that the project will have no effect on the red cockaded woodpecker. The site is located within a developed portion of Panama City Beach and does not contain suitable nesting or foraging 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.
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 Beach Permits Section, 415 Richard Jackson Boulevard, 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 Beach Permits Section, 415 Richard Jackson Boulevard, Panama City Beach, Florida 32407; by electronic mail at email@example.com; 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.