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: Luidmila Mekhtieva
1368 Sanibel Lane
Gulf Breeze, FL 32563
WATERWAY AND LOCATION: The project would affect waters of the United States associated with East Bay. The project site is located at Lot 60, Block H, Paradise Bay Subdivision Unit 1, on the south side of Paradise Bay Drive in Section 28, Township 02 South, Range 28 west, Gulf Breeze, Santa Rosa County.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.397318°
Longitude -87.064763°
PROJECT PURPOSE:
Basic: Housing
Overall: The overall purpose is to construct a single-family home on the applicant’s property for personal use.
EXISTING CONDITIONS: The subject property is 0.380-acre in size and contains 0.316-acre of wetlands. The palustrine forested system onsite is vegetated with titi (Cyrilla racemiflora), slash pine (Pinus elliottii), sweetbay magnolia (Magnolia virginiana), fetterbush (Lyonia lucida), bitter gallberry (Ilex glabra), Boston fern, (Nephrolepis exaltata) and netted chain fern (Woodwardia areolata). The rear half of the parcel is very densely vegetation with titi and scattered slash pine. The ditch along Paradise Bay Drive has herbaceous vegetation including alligator weed (Alternanthera philoxeroides), Florida hedge-nettle (Stachys floridana), hatpins (Eriocaulon spp.) and various sedges (Cyperus and Carex spp.). The area surrounding the project site consists of platted residential lots of the Paradise Bay subdivision. The south side of Paradise Bay Drive has other undeveloped lots appearing to primarily contain mixed forested/shrub wetlands.
PROPOSED WORK: The applicant seeks authorization to discharge fill material over 0.203-acre of wetlands to construct a single-family home. Retaining walls would be used to reduce slopes and direct wetland impacts.
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 location and position of the wetlands relative to the boundary of the subject property along with building setback requirements necessitate the need for discharge of fill material in wetlands to facilitate the construction of a single family residential home. Applicant has situated the home as close to the front building set back as possible.
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 0.16 credits from the Pensacola Bay Mitigation Bank to offset all direct and secondary impacts of 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 proposal may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi). The Corps will request U.S. Fish and Wildlife concurrence with this determination and any others 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 0.203-acre of palustrine wetlands hydrologically connected to tidal waters utilized by various life stages of shrimp, reef fish, red drum, and coastal migratory/pelagic fish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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 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 N. Jefferson Street, Pensacola, FL 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, Ed Sarfert, in writing at the Pensacola Permits Section, 41 N. Jefferson Street, Pensacola, FL 32502; by electronic mail at edward.p.sarfert@usace.army.mil; by facsimile transmission at (850)433-8160; or, by telephone at (850)439-9533.
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 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.