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: Port Panama City
Attn: Mr. Alex King, Executive Director
One Seaport Drive
Panama City, FL 32401
WATERWAY AND LOCATION: The project would affect waters of the United States associated with St. Andrews Bay. The project site is located in Section 34, Township 3 South, Range 15 West, Panama City, Bay County, Florida.
Directions to the site are as follows: From Panama City Beach, at the intersection of Richard Jackson Boulevard and US Highway (HWY) 98, travel east approximately 4.8 miles on US HWY 98 East and cross the Hathaway Bridge staying in the right lane. Take a slight right onto an exit lane toward the Port of Panama City. Travel for 0.2 miles, then take a right at the traffic light onto Seaport Drive (Sun Harbor Road) and go approximately 0.15 mile to enter the Port. Follow D avenue until it ends. Slip will be on the southern shoreline of the port to the east of the end of D Avenue.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.17635 °
Longitude - 85.72933 °
PROJECT PURPOSE:
Basic: Port Facility Improvements
Overall: The overall project purpose is to improve a marine cargo terminal by filling an existing open barge slip to allow for more effective use of the area to load and unload cargo within the Port of Panama City West Terminal wharf area in southeast Bay County, Florida.
EXISTING CONDITIONS: The project would affect waters of the United States associated with St. Andrews Bay. No emergent or submerged vegetation occurs within the project area. The upland property is an active port. The existing structure results in inefficiencies, and the port business would operate more effectively with additional wharf space rather than the existing slip.
PROPOSED WORK: The applicant seeks authorization to construct a 390 Square Foot (SF) steel sheet pile bulkhead with concrete cap in line with the existing adjacent bulkheads on either side of the open barge slip; remove silt and debris and backfill the approximately 0.22 acre (9,748 SF) open barge slip with approximately 9,800 Cubic Yards (CY) of clean fill; and install a stormwater management system. The water depth at the project site is approximately -38 feet Mean Lower Low Water (MLLW).
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 agrees to abide by endangered species special conditions and construction guidelines for in-water work. In addition, the contractor would monitor turbidity daily during bulkhead construction in accordance with environmental permits.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No mitigation is proposed for this project as impacts to jurisdictional wetlands or other surface waters are limited to the open waters of an upland cut barge slip adjacent to St. Andrews Bay. Project construction would entirely avoid permanent impacts to wetland vegetation, submerged aquatic vegetation, or any other sensitive natural resource.
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: Gulf sturgeon (Acipenser oxyrinchus desotoi), Smalltooth sawfish (Pristis pectinate), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Leatherback sea turtle (Dermochelys coriacea), Giant Manta Ray (Manta birostris), West Indian Manatee (Trichechus manatus), Wood Stork (Mycteria americana), Piping Plover (Charadrius melodus), Red Knot (Calidris canutus rufa), and Eastern indigo snake (Drymarchon corais couperi).
The Corps has determined the proposed project would have no effect on nesting sea turtles, Piping plover, Red knot, wood stork, and Eastern indigo snake due to the project area consisting of deep water, a wharf berthing wall, an open barge slip, and impervious port wharf facilities.
The Corps has determined the proposed project may affect, not likely to adversely affect the swimming sea turtles (Green, Kemp’s ridley, Loggerhead, Leatherback), Gulf sturgeon, Smalltooth sawfish and Giant Manta Ray. The Corps will programmatically consult with the U.S. Fish and Wildlife and National Marine Fisheries Service for concurrence with the Corps determinations.
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 St. Andrews 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 approximately 165 feet away from the near bottom edge of a federally maintained entrance 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 not 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 (Blvd), Suite 411, Panama City Beach, Florida, 32407 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, Randy Turner, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard (Blvd), Suite 411, Panama City Beach, Florida, 32407; by electronic mail at Randy.L.Turner@usace.army.mil; or, by telephone at (850) 287-2045.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification has been obtained from the Florida Department of Environmental Protection (FDEP). The project was reviewed under FDEP application no. 0264775-008-EI.
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.