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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Mr. Patrick Donovan
Lokahi Sun Harbor, LLC
115 Northeast 2nd Avenue
Delray Beach, Florida 33444
WATERWAY AND LOCATION: The project would affect waters of the United States associated with St. Andrew Bay. The project site is located at 5505 Sun Harbor Road in Range 34, Township 3 South, Range 15 West, Panama City, Bay County, Florida.
Directions to the site are as follows: From Panama City Beach, travel east across Hathaway Bridge. At the first light over the bridge, right onto Moody Road which intersects with Sun Harbor Road. The project area is south of Sun Harbor Condominiums.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.183847°
Longitude -85.832808°
PROJECT PURPOSE:
Basic: Commercial marina.
Overall: Reconstruct commercial marina to serve the residents of Bay County and visitors of the Panama City/Panama City Beach area in Bay County, Florida.
EXISTING CONDITIONS: The project area is the site of a previous commercial marina facility that operated until 2018 when it was destroyed by Hurricane Michael. The existing facility consists of a dilapidated seawall and a remnant access piers and pilings. The surrounding area consists of the right-of-way of Business U.S. Highway 98 to the north, the waters of St. Andrew Bay to the south, and commercial businesses to the east and west.
PROPOSED WORK: The applicant seeks authorization to reconstruct a 123-slip commercial docking facility in the same location and configuration as the facility that existed prior to Hurricane Michael. Pilings would be installed using low pressure jetting to reduce sediment displacement. Turbidity curtains would be utilized. The replacement of the existing dilapidated seawall will be reviewed under a the Nationwide Permit Program.
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 would be constructed within the limits of the previous marina. Turbidity would be monitored and Best Management Practices (BMPs) including turbidity curtains would be in place before construction commences and would remain in place during and after construction activities until the water quality has returned to background conditions.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: This project as proposed is to reconstruct a commercial marina facility that was in operation prior to Hurricane Michael. Reconstruction of the marina would take place within the boundaries of the previous marina facility using BMPs. No new aquatic impacts are expected; therefore, no mitigation has been proposed.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps has determined, based on the use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (April 2013), that the proposed project may affect, but is not likely to adversely affect the West Indian manatee with the inclusion of conditions a, b, c, d, and e of the Standard Manatee Conditions for In-water Work (2011).
The Corps has reviewed the potential impacts to the Gulf sturgeon (Acipenser oxyrinchus desotoi), smalltooth sawfish (Pristis pectinata), and swimming sea turtles, specifically the loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), and Kemp’s ridley sea turtle (Lepidochelys kempii). As such, the Corps determined the proposed project may affect, but is not likely to adversely affect these species. This project will be coordinated through the informal consultation process. The applicant would abide by the Sea Turtle and Smalltooth Sawfish Construction Conditions.
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 have a minor adverse impact on EFH or Federally managed fisheries in 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is over 2,500 feet away from the near bottom edge of the Intracoastal Waterway Federal channel.
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 been verified by Corps personnel.
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 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, Lisa S. Lovvorn, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at lisa.s.lovvorn@usace.army.mil; or, by telephone at (850)763-0717, extension 1.
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.
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.