Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2019-04109 (SP-TLW)

USACE - REGULATORY
Published May 20, 2021
Expiration date: 6/9/2021

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:  Coastal Palms Partners, LLC
                       c/o Keith Clark
                       145 Country Club Road
                       Shalimar, Florida 32579

WATERWAY AND LOCATION: The project would affect waters of the United States associated with St. Andrews Bay. The project site is located at western terminus of Coastal palms Blvd in Section 4,5, Township 04 South, Range 15 West, Panama City Beach, Bay County, Florida 32408.

Directions to the site are as follows: Heading west from Panama City on Hwy 98, turn south on Thomas Drive. Turn right (west) on Coastal Palms Blvd. Follow Coastal Palms Blvd to end of pavement. Property begins where pavement ends.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.174635°
                                                                          Longitude -85.763508°

PROJECT PURPOSE:

Basic: Residential development,

Overall: To construct a single-family and multi-family residential housing development within eastern Panama City Beach.

EXISTING CONDITIONS: The project site is 40.4 acres which consists of 27.93 acres of uplands and 12.47 acres of wetlands. The wetland systems consist of multiple wetland systems including mixed forested wetland, tidal marsh, and isolated ponds. The property is currently undeveloped and the onsite vegetation consists of ruderal native species including slash pine, sand pine, sweetbay magnolia, gallberry, fetterbush, yaupon holly, wax myrtle, popcorn tree, blackberry, muscadine vine, greenbrier,and cattail. The existing area surrounding the project area consists of a mix of residential and commercial properties in all directions.

PROPOSED WORK: The applicant seeks authorization to fill in 4.41 acres of mixed forested wetland and isolated ponds in order to construct a residential housing development, 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 mixed forested wetland on an undeveloped parcel 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 6.0 acres in the initial design down to 4.41 acres in the final design for a total reduction of 1.59 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 mixed forested wetland while completely avoiding all impacts to the higher quality tidal marsh area. Erosion and sedimentation measures would be utilized.

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 3.25 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 on results of the Eastern Indigo Programmatic Effect Determination Key, the Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake. No additional correspondence with U.S. Fish and Wildlife Service is required. The Corps determined no effect for the Red Cockaded Woodpecker. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

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 4.41 acres of mixed wetland 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 Alligator 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 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) 763-0717 ex 4.

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.