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: Brian D’Isernia
Eastern Shipbuilding Group
2200 Nelson Street
Panama City, Florida 32401
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Watson Bayou. The project site is located adjacent to the existing Eastern Shipbuilding facility on Nelson Street and extends to the mouth of Watson Bayou in Section 15, Township 4 South, Range 14 West in Panama City, Bay County, Florida.
Directions to the site are as follows: From the intersection of Highway 77 and U.S. Business 98 in Panama City, travel east on U.S. Business Highway 98. Turn south on East Avenue. Turn west on Nelson Street. The project site begins adjacent to the Eastern Shipbuilding facility and ends at the intersection of the Watson Bayou Channel and St. Andrews Bay.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.137505°
Longitude -85.635535°
PROJECT PURPOSE:
Basic: Navigational Access
Overall: To provide adequate water depths for ingress and egress of newly constructed Coast Guard cutters at the existing Eastern Shipbuilding Nelson facility on Watson Bayouin Bay County, Florida.
EXISTING CONDITIONS: The project area is located adjacent to the Eastern Shipbuilding facility in Watson Bayou. The project property supports an active industrial facility with little upland vegetation. The shoreline is armored with vertical bulkhead and riprap along most of its length. The waters adjacent to the property range in depth from 12 to 20 feet on the west side of the project area to 6 to14 feet on the east side of the project area. The project area includes an existing basin adjacent to the facility, an excavated channel that connects the basin to the Federal channel that is maintained in Watson Bayou, and areas within the Federal channel. All of the areas have been previously dredged and do not support submerged aquatic vegetation. Current water depths in the channel range from -11 feet to -20 feet National Geodetic Vertical Datum (NGVD).
PROPOSED WORK: The applicant proposes to increase the depth of the existing Federal channel in Watson Bayou to a depth of -20 feet NGVD.For the current action, the applicant seeks authorization to dredge 0.605 acres and remove 1,576 cubic yards of material from the Watson Bayou Channel. Dredge material would be transported to the Allenton spoil disposal site, allowed to dry, and disposed of on a high ground disposal site.
In addition, the applicant proposes to combine dredging activities previously authorized in files SAJ-2016-02482 and SAJ-2005-0717 with the current action to create one project that provides adequate navigational depths for newly constructed vessels between the Eastern Shipbuilding facility and St. Andrews Bay. Previously permitted actions authorized improvements to berths at the existing facility, creation of new berths and excavation of a navigation channel connecting the berthing area to the Federal Channel in Watson Bayou.
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 work is limited to areas that are within existing maintained channels. There is no submerged aquatic vegetation within the project boundaries and turbidity curtains would be employed to prevent discharge of material into adjacent areas.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has provided the following explanation why compensatory mitigation should not be required:
All of the proposed work would occur within existing maintained channels and would not alter existing aquatic functions.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 Gulf sturgeon, smalltooth sawfish, loggerhead, green hawksbill, Kemps ridley and leatherback sea turtles and West Indian manatee. The Corps will review the proposed project using existing programmatic keys and will request U.S. Fish and Wildlife or National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act, if appropriate.
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 0.605 acres of estuarine water column utilized by various life stages of coastal migratory pelagics, bonnethead shark, blacktip shark, bull shark, red drum, shrimp, spinner shark, reef fish and scalloped hammerhead shark. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Watson Bayou and 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 within the Watson Bayou 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. On December 22, 2022, the Navigation Branch of the Mobile District Corps of Engineers determined that the project is located below the Federally maintained project depth and would have no adverse effect on the Federal 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, Tracey L. Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at tracey.l.wheeler@usace.army.mil; or, by telephone at (850)287-0138.
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 Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application number 0322050-018-EI/03.
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.