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: Gooden Investment Holdings LLLP
c/o Charles Gooden
7 Sugar Bowl Lane
Pensacola Beach, Florida 32561
WATERWAY AND LOCATION: The project would affect waters of the United States associated with East Bay. The project site is located at Flamingo Lane, Lot 10, Block 20, in Holley by the Sea Subdivision, in Section 18, Township 2 South, Range 26 West, Navarre, Santa Rosa County, Florida.
Directions to the site are as follows: Travel west from the intersection of State Highway 87 (Hwy 87) and U.S. Highway 98 for 4 miles. Turn right on Candlewood Drive, travel north 0.5 miles and turn left on Marlin Street. The site is located at the southeast corner of Marlin Street and Flamingo Lane.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.408695°
Basic: Residential development
Overall: Construct a single-family residence in Navarre, Santa Rosa County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite vegetation consists of a tree stratum dominated by Pinus elliottii, and Magnolia virginiana, with Acer rubrum also present. The sampling/shrub stratum is dominated by Pinus elliottii, Cliftonia monophylla, Ctrilla racemiflora and Ilex glabra, with Magnolia virginiana, Ilex coriacea and Ilex myrtifolia also present. The herbaceous stratum is dominated by Xyris baldwiniana and Sclerica baldwinii, with Eriocaulon decangulare also present. The area surrounding the project site consists of residential development.
PROPOSED WORK: The applicant seeks authorization to fill 0.18 acres of wetlands to construct a single-family residence.
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: The total lot size is +/-0.46 acres. The total lot size is +/-0.46 acres. There is a total of 0.40 acres wetland area, 0.15 acres upland area. Out of 0.40 acres of wetlands, the total wetland impact is only 0.18 acres. There will be 0.22 acre remaining wetland area. Wetland impact is unavoidable as the home being placed within the front set back as required by the county as well as incorporating a required septic field into the site plan. The applicant is only requesting a reasonably-sized home, small backyard, and a dual-sized septic tank. Even with this impact area, the applicant still has managed to avoid wetlands.
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 0.12 palustrine wetland credits from Pensacola Bay 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 U.S. Army Corps of Engineers (Corps) has made the following determinations regarding threatened and/or endangered species with a known range that includes the vicinity of the proposed project:
a. Eastern Indigo snake (Drymarchon couperi): The Corps utilized the Jacksonville District Corps/U.S. Fish and Wildlife Service (USFWS) Eastern Indigo Snake Programmatic Effect Determination Key to determine that the proposed project may affect, but is not likely to adversely affect the Eastern Indigo snake. Based on use of the key, the USFWS concurs with this finding and no further consultation is required.
b. Wood stork (Mycteria Americana): The Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008, to determine that the proposed project may affect, but is not likely to adversely affect the Wood stork. Based on use of the key, the USFWS concurs with this finding and no further consultation is required. By letter dated May 1, 2013, the USFWS Panama City Ecological Service Office approved use of this key within its area of responsibility, which includes the project area.
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 project would not be located within surface waters or EFH. Our initial determination is that the proposed action would have no effect on EFH or Federally managed fisheries in East Bay. 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 Pensacola Permits Section, 41 North Jefferson Street, Pensacola, Florida 32502 within 21 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, Daniel L. Irick, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Pensacola, Florida 32502; by electronic mail at email@example.com; by facsimile transmission at (850)433-8160; or, by telephone at (850)433-8732.
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.