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: Amy Farris
Nest Egg, LLC
4330 Baywood Drive
Lynn Haven, Florida 32444
WATERWAY AND LOCATION: The project would affect waters of the United States associated with North Bay. The project site is located at 6422 Grassy Point Road in Section 34, Township 2 South, Range 14 West, Southport, Bay County, Florida.
Directions to the site are as follows: From Lynn Haven traveling north on Hwy 77, turn right at the intersection of Hwy 77 and Grassy Point Road in Southport. Travel south on Grassy Point road approximately ¼ mile. Site is on the east side of road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.265616°
Longitude -85.638446°
PROJECT PURPOSE:
Basic: Commercial development
Overall: To construct a recreational vehicle park with a park office, clubhouse, swimming pool, restrooms, parking area and a 10-slip dock to provide recreational opportunities with water access to visitors to the Southport/Lynn Haven area
EXISTING CONDITIONS: The project site is 7.88 acres which consists of 4.37 acres of uplands, 3.51 acres of wetlands including 0.176 acres of non-jurisdictional upland dug agricultural pond. The wetland system consists of a freshwater system containing 1.77 acres of wet flatwoods. The dominant canopy species within the flatwoods are slash pine (Pinus elliottii), black titi (Cliftonia monophylla), titi (Cyrilla racemiflora), sweetbay magnolia (Magnolia virginiana), invasive exotic popcorn tree (Sapium sebiferum), with some red maple (Acer rubrum), water oak (Quercus nigra), and sabal palm (Sabal palmetto) present. Fire suppression has promoted the development of a dense understory of shrubs and weedy vines including sweet pepperbush (Clethra alnifolia), large-leaf gallberry (Ilex coriacea), fetterbush (Lyonia lucida), yaupon holly (Ilex vomitoria), wax myrtle (Myrica cerifera), titi (Cyrilla racemiflora), greenbrier (Smilax laurifolia), muscadine grape (Vitis rotundifolia), blackberry (Rubus spp.), and invasive exotic popcorn tree (Sapium sebiferum). Ground cover stratum development is sparse due to fire suppression. Groundcover species noted include beakrush (Rhynchospora fascicularis), wiregrass (Aristida stricta), switchgrass (Panicum virgatum), warty panicum (Panicum verrucosum), yellow-eyed grass (Xyris serotina), broomsedge (Andropogon virginicus), and invasive exotic wild taro (Colocasia esculenta).
The remaining 1.566 acres of wetland consist of tidal marsh vegetated with herbaceous species, dominated by black needlerush (Juncus roemerianus) with smooth cordgrass (Spartina alterniflora) and saltgrass (Distichlis spicada) interspersed. Preliminary data indicated that there may be submerged aquatic vegetation within the project area. An SAV survey was conducted in September 2019 and no vegetation was observed.
The property is an old homesite and the upland vegetation consists predominantly slash pine (Pinus elliottii) with scattered water oak (Quercus nigra) and southern magnolia (Magnolia grandiflora). Shrub vegetation includes gallberry (Ilex glabra), fetterbush (Lyonia lucida), yaupon holly (Ilex vomitoria), large-leaf gallberry (Ilex coriacea), wild olive (Osmanthus americanus), and scattered saw palmetto (Serenoa repens). Groundcover vegetation includes broomsedge (Andropogon virginicus), brackenfern (Pteridium aquilinium), scattered wiregrass (Aristida stricta) and various weedy vines including blackberry (Rubus spp.), muscadine grape (Vitis rotundifolia), and greenbrier (Smilax auriculata). The existing area surrounding the project area consists of a mix of residential and commercial properties to the west and north; and north bay to the south and east.
PROPOSED WORK: The applicant seeks authorization to fill in 0.81 acres of wet flatwoods in order to construct a RV park, 10-slip boat dock, associated infrastructure and stormwater 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:
The impact areas consist of altered wet flatwoods on an old homesite surrounded by adjacent development. Jurisdictional impacts cannot be avoided due to the size and location of the wetlands. The project was subject to 3 design changes reducing wetland impacts from 1.564 acres in the initial design down to 0.81 acres in the final design for a total reduction of 0.76 acres of wetland impact throughout the design process. The project has minimized direct impacts by limiting those impacts to those necessary to construct the project by designing the project footprint to limit impacts to the lower quality wet flatwoods while completely avoiding all impacts to the higher quality wetland and tidal marsh area. Erosion and sedimentation measures would be utilized.
Based on the findings of the alternative site analysis, development of the project as proposed will result in the least amount of wetland impacts and will be the least environmentally damaging alternative as compared to other alternative sites evaluated.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset unavoidable impacts that will occur from these authorized activities, the permittee has reserved, and shall purchase 0.68 non-forested wetland credits from the Horseshoe Creek 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. The Florida Division of Historical Resources has provided documentation determining no impacts to cultural and/or historical resources expected.
ENDANGERED SPECIES:
Based upon the results of analysis using the programmatic keys, the Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake and West Indian Manatee. 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. In addition, the Corps has determined the proposal would have no effect on red cockaded woodpeckers.
Because the project is located in shallow waters in upper North Bay, the Corps has determined that the project will have no effect on leatherback sea turtles or hawksbill sea turtle because they are unlikely to be found in the project area. The Corps has determined that the project may affect but is not likely to affect green sea turtle, Kemp’s ridley sea turtle, loggerhead sea turtle, Gulf sturgeon, smalltooth sawfish. The project complies with the project design criteria included in the Jacksonville Biological Opinion signed by the National Marine Fisheries Service in November 2017. No further coordination with National Marine Fisheries Service is required regarding listed species.
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 0.22 acre of tidal estuarine marsh and shallow water habitat utilized by various life stages of coastal pelagic species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the North Bay watershed. 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, 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, Ms. Tracey Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32405; by electronic mail at Tracey.L.Wheeler@usace.army.mil; or, by telephone at (850) 287-9533.
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.