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: BT Florida, LLC
c/o Adam Brock
1110 North Chase Pkwy SE
Marietta, GA 30067
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Churchill Bayou. The project is located east of Bishop Tolbert Road and west of South Church Street in Walton County, Florida. The proposed impact would occur in unnamed wetlands adjacent to Churchill Bayou, within Section 27, Township 2 South, Range 20 West in Santa Rosa Beach, Walton County, Florida.
Directions to the site are as follows: From Pensacola, take I-10 East toward Tallahassee. Follow I-10 for +/- 72.1 miles and take exit 85, US-331 South in DeFuniak Springs. Continue on US-331 south for +/- 23.7 miles. Turn right (west) onto US-98 W for +/- 4 miles. Turn right (north) onto Bishop Tolbert Road for +/- 0.7 miles and the site will be on your right (east side of road).
APPROXIMATE CENTRAL COORDINATES: Latitude 30.382370°
Longitude -86.241447°
PROJECT PURPOSE:
Basic: Housing
Overall: To develop a residential subdivision in Santa Rosa Beach, Florida.
EXISTING CONDITIONS: The project site is comprised of approximately 103.8 acres adjacent to Churchill Bayou, which is located on the south side of Hogtown Bayou and Choctawhatchee Bay in Walton County. The site consists of both uplands (~61.63-acre) and wetlands (~42.17-acre). The wetlands and wet ditches are adjacent to Churchill Bayou and the wetlands are typical of mixed wetland flatwood and baygall wetlands. The onsite wetland vegetation includes tupelo (Nyssa spp.), black titi (Cliftonia monophylla), hollies (Ilex coriacea and I. glabra), wetland oaks (Quercus spp.), slash pine (Pinus elliottii), loblolly pine (P. taeda), sweetbay (Magnolia virginiana), red maple (Acer rubrum), cypress (Taxodium spp.), and ferns (Woodwardia and Osmunda spp.). Along the shoreline and in the drainages near the MHWL line, Juncus spp., Cladium spp., and floodplain ferns/forbs/sedges also are present. Uplands in the northern portion of the parcel have been occupied by a single-family residence. The surrounding parcels are a mix of undeveloped lands and existing residential and commercial development.
PROPOSED WORK: The applicant seeks authorization to fill 0.482 acre of wetlands and 0.364 acre of jurisdictional wet ditches for the development of a residential subdivision. Indirect impacts would also occur from fill and development adjacent to additional wetlands and from 0.076-acre of piling-supported boardwalks in wetlands. To reduce the potential for indirect effects, a 25-foot vegetated upland buffer would be maintained between most developed areas and remaining wetlands.
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 site contains approximately 103.8 acres with approximately 42.17-acres of jurisdictional wetlands. Wetland impacts include 0.482 acres of jurisdictional wetlands, 0.364 acres of ditch, and 0.076 acres of piling-supported secondary impacts. The applicant is minimizing impacts by utilizing all uplands and avoiding the remaining 41.86-acres of jurisdictional wetlands. The remaining wetlands will be undisturbed.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset for 0.482 acres of jurisdictional wetlands impact, 0.364 acres of ditch impact, and 0.076 acres of piling-supported secondary impacts, the applicant proposes to purchase 0.64 palustrine forested mitigation bank credits from the Nokuse Mitigation Bank.
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 proposal may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi). The Corps will request U.S. Fish and Wildlife concurrence with this determination and any others pursuant to Section 7 of the Endangered Species Act.
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 0.482 acre of palustrine wetlands and 0.364 acre of jurisdictional wet ditches hydrologically connected to tidal waters utilized by various life stages of shrimp, reef fish, red drum, and coastal migratory/pelagic fish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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 activity is not located in the vicinity of a federal navigation 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 Pensacola Permits Section, 41 N. Jefferson Street, Pensacola, FL 32502 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, Ed Sarfert, in writing at the Pensacola Permits Section, 41 N. Jefferson Street, Pensacola, FL 32502; by electronic mail at edward.p.sarfert@usace.army.mil; or, by telephone at (850)439-9533.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Northwest Florida Water Management District.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.