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: Ron Carroll
Prop Wash Enterprises, Inc.
324 East Beach Drive, #800
Panama City, Florida 32401
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Massalina Bayou. The project site is located at 236 McKenzie Avenue in Section 9, Township 4 South, Range 14 West, Panama City, Bay County, Florida.
Directions to the site are as follows: From the intersection of Highway 98 and Harrison Avenue, travel south on Harrison Avenue for 1.4 miles, then left (east) on 4th Street for 0.15 mile, then right (south) on McKenzie Avenue for 0.1 mile to 236 McKenzie Avenue, located on the left (east) side of the road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.153558°
Longitude -85.657460°
PROJECT PURPOSE:
Basic: Water access.
Overall: To construct a public marina in Panama City, Florida, to provide water access to an area of diminished boat slip capacity due to damage from Hurricane Michael.
EXISTING CONDITIONS: The proposed project site contains single-family residences, and lies adjacent to Massalina Bayou, which leads to Saint Andrews Bay. Neighboring parcels contain commercial establishments and a municipal parking area. The shoreline in the area of the proposed project is significantly eroded and steep, with no emergent aquatic vegetation (EAV) or wetlands present. The aquatic habitat is a sand/mud substrate devoid of resources such submerged aquatic vegetation (SAV).
PROPOSED WORK: The applicant seeks authorization to construct a 25-slip commercial docking facility consisting of an 8’ x 235’ main access dock, (2) 8’ x 125’ secondary access docks, (8) 3’ x 30’ finger piers, and (3) 3’ x 45’ finger piers. 18 of the proposed boat slips would be covered with roofs. Pilings would be installed via low pressure jetting to reduce sediment displacement. Best management practices (BMPs) such as turbidity curtains would be employed during project construction to prevent turbid discharge from the project area.
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 the proposed project may affect but is not likely to adversely affect the Green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Smalltooth Sawfish (Pristis pectinata), Manta ray (manta birostris) and Gulf sturgeon (Acipenser oxyrinchus desotoi) or its designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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).
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. Overwater impacts from the proposed project would total approximately 0.1 acre(5,054 square feet) and in-water impacts would total approximately 214 square feet of estuarine unvegetated bottom habitat utilized by various life stages of coastal migratory pelagic species in Massalina Bayou. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the area. 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: The proposed structure is not located in the vicinity of a federal navigation channel. The closest waterward edge of the proposed structure would be 52 feet away from the edge of the nearest local navigation channel, and 80 feet from the center of the 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, 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, Kelly Bunting, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at Kelly.A.Bunting@usace.army.mil; or, by telephone at (850)763-0717, extension 2.
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 may be required from the certifying authority, the Florida Department of Environmental Protection (FDEP). The project is being reviewed by the certifying authority.
COASTAL ZONE MANAGEMENT CONSISTENCY (CZMA): In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. The project is being reviewed for CZMA consistency concurrence.
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.