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: Katherine Gomez
2130 Villa Ct
Navarre, Florida 32566
WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed wetlands adjacent to Santa Rosa Sound. The project site is located at Lot 4 on Fontainebleau Court, Tax Parcel ID 22-2S-26-0000-01100-0000, Section 22, Township 2 South, Range 269 West, Navarre, Santa Rosa County, Florida.
Directions to the site are as follows: From Pensacola, head east on Chase Street. Turn left onto Bayfront Parkway and continue onto US-98 E/ Pensacola Bay Bridge. Continue onto US-98 E and turn right on Fontainebleau Ct. The project site is located on right at the end of Fontainebleau Ct.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.404578°
Basic: The basic project purpose is to construct a driveway.
Overall: The overall project purpose is to construct a residential driveway on Lot 4 of Fontainebleau Ct in Navarre, Santa Rosa County, Florida.
EXISTING CONDITIONS: The project is located on a vacant lot within a residential development located north of Santa Rosa Sound. Freshwater, non-tidal wetlands, adjacent to Santa Rosa Sound, are present onsite covering more than 50% of the lot. The onsite vegetation is dominated by slash pine (Pinus elliottii), water tupelo (Nyssa aquatica), sweet gallberry (Ilex coriacea), sweetbay magnolia (Magnolia viginiana), and red maple (Acer rubrum), among other species. The existing area surrounding the project consists of developed parcels with private, single family residences, typical of the region.
PROPOSED WORK: The applicant seeks authorization to discharge fill material within 0.12 acre of wetlands to construct a driveway for a single family residence. The portion of the driveway within wetlands would be 17-feet wide and 262-feet in length with one 12-inch diameter culvert. The driveway would be constructed with retaining walls to avoid fill slopes within wetlands. The private residence and parking area would be constructed in uplands with a pile supported boardwalk crossing wetlands. The house and parking area constructed in uplands and the boardwalk constructed landward of the Mean High Water Line would not require a permit from the Corps of Engineers. The remaining 0.66 acres of wetlands within the parcel would be avoided.
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 applicant has avoided impacts to wetlands by siting the house and parking area in uplands. The upland area cannot be accessed without constructing a driveway through wetlands. Additional minimization of wetland impacts include utilization of retaining walls to avoid fill slopes where the driveway would pass through wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant’s agent utilized the Uniform Mitigation Assessment Method (UMAM) to determine the proposed driveway would result in 0.17 units of functional loss. The applicant has reserved 0.17 palustrine credits for from the Pensacola Bay Mitigation Bank to offset the unavoidable impacts associated with the proposed discharge of fill material.
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). The Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, January 25, 2010, to determine the proposed project may affect, but is not likely to adversely affect the Eastern Indigo snake (following the sequence of A>B>C>D>E>NLAA in the Key). Based on use of the Key, the USFWS concurs with this determination and no further consultation is necessary for 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 Santa Rosa Sound. 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.
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 Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502 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, Mia Zarbo, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502; by electronic mail at Maria.D.Zarbo@usace.army.mil; or, by telephone at (850) 439-3474 Ext 5.
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.