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):
APPLICANT: East Bay Partners, LLC
106 E. 8th Street
Rome, GA 30161
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Andrew Bay (East Bay). The project site is located at 6700 Oak Shore Drive adjacent to US Highway 98 in Section 25, Township 4 South, Range 14 West, City of Parker, Bay County, Florida.
Directions to the site are as follows: From Panama City, head east on East Business 98. Continue as it turns south for approximately 4.25 miles, then just before the DuPont Bridge to Tyndall take a left onto Oak Shore Drive that continues south, the property is located at the end of Oak Shore Drive on the right-side (west).
APPROXIMATE CENTRAL COORDINATES: Latitude 30.109496°
Longitude -85.601824°
PROJECT PURPOSE:
Basic: Residential development.
Overall: The overall project purpose is to construct a multi-family residential development in southeast Bay County to support the housing needs associated with the redevelopment of Tyndall Air Force Base after damage sustained from Hurricane Michael.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The wetland areas proposed to be impacted are remnants of a depression from previous clearing and grading that has naturalized into a small herbaceous wetland adjacent to East Bay. Vegetation within the wetland area primarily includes opportunistic herbaceous wetland species such as Panicum spp., Carex spp., and Fimbristylis spp.
Primary wetland functions are minimal wildlife habitat / cover for small reptiles, insects, and amphibians; and water storage and attenuation. The 1999 FDOT Florida Land Use, Cover and Forms Classification System (FLUCFCS) was used to classify and describe land cover and use within the project area.
Open Land – Urban (FLUCCS 190): This category includes undeveloped land within urban areas and inactive land with street patterns but without structures. Open Land normally does not exhibit any structures or any indication of intended use. Often, urban inactive land may be in a transitional state and ultimately will be developed into one of the typical urban land uses although at the time of the inventory, the intended use may be impossible to determine from aerial photo interpretation alone.
Coastal Shrub (FLUCCS 322): This scrub category represents a wide variety of species found in the coastal zone. A few of the more common components are saw palmetto, sand live oak, myrtle oak, yaupon, railroad vine, bay bean, sea oats, sea purslane, sea grape, Spanish bayonet and prickly pear. This cover type is generally found in dune and white sand areas.
Residential, High-Density (FLUCCS 131): Mix of single-family and multi-family residential.
Commercial and Services (FLUCCS 140): Commercial areas are predominantly associated with the distribution of products and services. This category is composed of a large number of individual types of commercial land uses which often occur in complex mixtures. The Commercial and Services category includes all secondary structures associated with an enterprise in addition to the main building and integral areas assigned to support the base unit. Included are sheds, warehouses, office buildings, driveways, parking lots and landscaped areas. Other types of Commercial areas include shopping centers and commercial strip developments. These areas have distinctive patterns which are readily identifiable on aerial photographs. Frequently, individual houses and other classes of urban land use may be found within commercial areas. Such uses normally are not delineated unless they can be plotted into polygons of at least one acre size at Level III.
Swimming Beach (FLUCCS 181): Local park / swimming area.
Roads and Highways (FLUCCS 814): This category includes areas used for interchanges, limited access rights-of-way and service facilities. The center median, pavement and sizable buffer zone should be included even if exact boundaries cannot be detected.
PROPOSED WORK: The applicant seeks authorization to impact 0.45 acres of water of the U.S. (wetlands) to construct a multi-family residential development with associated parking 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 proposed project is impacting wetlands that were created because of a force main utility installation that did not return the area to pre-construction contours in 2006 - 2007 when the site was initially cleared for development. Given the nature of the establishment of the wetland and its quality, the applicant is requesting consideration of permit issuance without minimization.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing to purchase a total of 0.21 Uniform Mitigation Assessment Method (UMAM) palustrine emergent credits from the Horseshoe Creek Mitigation Bank (SAJ-2014-01308) to offset wetland impacts associated with the project.
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 the Eastern indigo snake (Drymarchon corais couperi) or its designated critical habitat.
The Corps has determined the proposal would have no effect on the red-cockaded woodpecker (Picoides borealis) or designated critical habitat.
a. Eastern Indigo snake: The potential impacts to the endangered Eastern Indigo snake were evaluated using The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C > “not likely to adversely affect” the Eastern Indigo snake. This is due to that there are less than 25 acres of xeric habitat and no gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities. The applicant also proposes to follow the FWS approved Standard Protection Measures for the Eastern Indigo Snake during the clearing and construction phases of the project.
b. Red-cockaded Woodpecker: The woodpecker live and forage in mature pine forests, specifically those with longleaf pines averaging over 80 to 120 years old and loblolly pines averaging 70 to 100 years old. The red-cockaded woodpeckers live in groups with a breeding pair and as many as four helpers, usually male offspring from the previous year. Each group needs about 200 acres of old pine forest to support its foraging and nesting needs. No appropriate habitat for the species exists within the project area. Therefore, the Corps has determined that the proposed project would have “no effect” on this 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the St. Andrew 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.
Navigation: N/A. No structures or in-water work is proposed for the proposed project.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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 Blvd, Suite 411 Panama City Beach, FL 32407 within 15 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, Randy Turner, in writing at Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411 Panama City, FL 32407; by electronic mail at Randy.L.Turner@usace.army.mil; or, by telephone at (850) 763-0717 ext. 3.
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.
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.