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: Jerry Wells
962 Manor Parc Drive
Decatur, GA 30033
Sent via email: jerrywellssells@gmail.com
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Apalachicola Bay and St. George Sound. The project site is located at 1279 East Gulf Beach Drive in Section 06, Township 09 South, Range 06 West, St. George Island, Franklin County, Florida.
Directions to the site are as follows: From the Intersection of US 98 and State Road (SR) 300 (Island Drive) in Eastpoint, go south approximately 5.57 miles crossing the Apalachicola Bay on the Bryant Patton Bridge. Turn left onto East Gulf Beach Drive and go approximately 2044 miles and turn left onto Savanah Cove. Drive approximately 0.10 mile and turn right. The project area is immediately on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.676948°
Longitude -84.82556°
PROJECT PURPOSE:
Basic: Residential Development.
Overall: The overall project purpose is to develop a single-family residential property and appurtenant structures on St. George Island, adjacent to St. George Sound, in south central Franklin County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The current amount of onsite wetlands is 0.59 acre. Previously impacted wetlands total 0.15 acre (6,371 Square Feet (SF)) and proposed new impacts total 0.09 acre (3,981 SF) for a total of 0.24 acre (10,352 SF) of impacts, leaving 0.50 acre of onsite wetlands unimpacted. The onsite wetland is adjacent to tidal waters but is surrounded by the 0.15 acre (6,371 SF) of unauthorized wetland fill. The property is currently an unimproved residential lot within an existing subdivision. There is a dirt road to the south, a developed lot to the west with apparent wetland fill, and a narrow upland strip along the western property line that serves as a walking path to the community dock located along the shoreline of the property. To the east is an undeveloped lot which appears to contain wetlands. To the south across the street is a small freshwater pond that appears to be isolated and manmade. The onsite vegetation consists of thinly distributed hydric pine trees with an understory mixture of native wetland plants and grasses.
PROPOSED WORK: The applicant seeks after-the-fact authorization for 0.15 acre (6,371 SF) of previous unauthorized fill into waters of the U.S. (wetlands) and authorization to fill an additional 0.09 acre (3,981 SF) of wetlands for a total of 0.24 acre (10,352 SF) of direct impacts to waters of the U.S. (wetlands) to construct a residence and appurtenant structures.
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 0.24 acre of impacts to waters of the U.S. (wetlands) could not be avoided since most of the buildable portion of the lot is a jurisdictional water of the U.S. (wetland). Best Management Practices (BMPs) would be installed prior to construction and include silt fence for the wetland fill. Any wetland impacts outside of the proposed project area would be restored.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to mitigate the assessed functional loss of 0.24 acre (0.09 Uniform Mitigation Assessment Method (UMAM) credits) of freshwater palustrine wetland impacts via the purchase of 0.09 UMAM palustrine credits from a federally approved 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: Wood Stork (Mycteria americana), Piping Plover (Charadrius melodus), Red Knot (Calidris canutus rufa), and Eastern indigo snake (Drymarchon corais couperi), or its designated critical habitat.
The Corps has determined the proposed project would have no effect on the Wood Stork, Piping Plover, and Red Knot, and any other listed threatened or endangered species or designated critical habitat. This determination is based on the assessment that there are no nesting or foraging habitats in the project area for these species.
The Corps has determined the proposed project may affect but is not likely to adversely affect the Eastern Indigo snake following the U.S. Fish and Wildlife Service (USFWS) programmatic keys 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 Apalachicola Bay or St. George Sound. 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 15 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.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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: The Florida Department of Environmental Protection (FDEP) issued Water Quality Certification under FDEP Permit Number 0436714-002-EI/19 on August 16, 2023.
COASTAL ZONE MANAGEMENT CONSISTENCY: The FDEP issued the approved Coastal Zone Management consistency with Florida’s Coastal Zone Management Program under FDEP Permit Number 0436714-002-EI/19 on August 16, 2023.
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 request