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: EFIOF II Indian Pass Property LLC
Attn: Kate Aguiar
P.O. Box 399
Apalachicola, FL 32329
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Gulf of Mexico. The project is located at parcel identification numbers 03185‐015R and 03185‐016R contiguous with the Gulf of Mexico in Section 20, Township 9 South, Range 10 West, Port St. Joe, Gulf 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. Continue east on US HWY 98 for approximately 47.2 miles and take a slight right turn onto County Road 30A and go approximately 9.5 miles. Turn right onto Indian Pass Road and continue for approximately 0.5 miles. The parcels will be on the right (south) side of the road.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.682575 °
Longitude -85.260178 °
PROJECT PURPOSE:
Basic: Residential Development
Overall: The overall project purpose is to construct a roadway and stormwater facilities to support a single family residential sub-division contiguous to the Gulf of Mexico in south Gulf County, Florida.
EXISTING CONDITIONS: The wetland system consists of a coastal dune freshwater with occasional saltwater influenced system. The habitat type is comprised into three complexes: coastal pine flatwoods, interdunal marsh, and coastal dune. The interdunal marsh wetlands (not to be impacted) are comprised of black needle rush (Juncus gerardii), sawgrass (Cladium jamaicense), Cabbage palm, popcorn tree (Triadica sebifera), Carolina willow (Salix caroliniana), bayberry (Myrica pensylvanica), wax myrtle (Morella cerifera), and primrose willow (Ludwigia peploides). The coastal pine flatwood and back-dune impact areas are comprised of slash pine, popcorn tree (Triadica sebifera), cabbage palm, and other weedy opportunistic species. The existing area surrounding the project area consists of engineered coastal dune that has been constructed and planted.
PROPOSED WORK: The applicant seeks authorization to impact waters of the United States in association with direct impacts to 0.50 acre and secondary impacts to 0.53 acre to construct an access road and stormwater facilities associated with a residential development.
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 total wetland acreage is approximately 4.26 acres. The proposed project would impact 0.50 acre of the 4.26 acres. The remaining wetlands would be undisturbed. To offset for wetland impacts, the applicant would purchase credits from Horseshoe Creek Mitigation Bank.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset the direct and secondary impacts associated with the project, the applicant is proposing to mitigate the assessed functional loss of 0.50 acre of direct fill impacts and 0.53 acre of secondary impacts via the purchase of 0.65 palustrine forested credits from the Horseshoe Creek Mitigation Bank (SAJ-2014-01308).
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: Red-cockaded Woodpecker (Picoides borealis), Wood Stork (Mycteria americana), Piping Plover (Charadrius melodus), Red Knot (Calidris canutus rufa), St. Andrew Beach Mouse (Peromyscus polionotus peninsularis), and Eastern Indigo snake (Drymarchon corais couperi).
The Corps has determined the proposed project may affect but is not likely to adversely affect the woodpecker, wood stork, Piping plover, Red knot, and mouse. The Corps will programmatically and/or informally consult with the U.S. Fish and Wildlife Service (USFWS) for these species.
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 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 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 Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411 Panama City, 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 is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0434977-001-EI/23.
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.