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: KJ Gulf Holdings, LLC
ATTN: Clifford L. Knauer
877 North County Highway 393
Santa Rosa Beach, FL 32459
Sent via email: cliff@knauernevereng.com
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the North Bay. The project site is located at Bay County Parcel Identification Number 08498-000-000, contiguous to West Smith Road, in Section 33, Township 02 South, Range 14 West, Southport, Bay County, Florida.
Directions to the site are as follows: From the Intersection of US Highway (HWY) 231 and State Road (SR) 368 (East 23rd Street) in Panama City, travel west approximately 0.53 mile on SR 368 and turn right onto SR 77. Go approximately 5.3 miles north on SR 77 and cross the Bailey Bridge. Turn left approximately 0.3 mile after crossing the bridge onto Marina Bay Drive and go approximately 0.05 mile then turn right onto West Smith Road. The project area begins approximately 0.25 mile ahead on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.270401°
Longitude -85.648197°
PROJECT PURPOSE:
Basic: Residential development.
Overall: The overall project purpose is to construct a multi-family residential development in central Bay County to provide multi-family dwelling options for current and future Bay County and surrounding area residents.
EXISTING CONDITIONS: The wetland system consists of a freshwater and saltwater system. The project area is approximately 19.5 acres with approximately 10.52 acres of wetlands and 8.97 acres of uplands. There are approximately 10.20 acres of estuarine emergent wetlands surrounding approximately 0.32 acre of palustrine forested wetland. The onsite vegetation consists of pine flatwoods and marshy tidal flats. The existing area surrounding the project area consists of a combination of low density, single family residences, and commercial properties.
PROPOSED WORK: The applicant seeks authorization to cut 0.10 acre and fill 0.35 acre for a total of 0.45 acre of impacts to waters of the U.S. (wetlands) to construct a multi-family residential development and associated infrastructure consisting of a roadway, retaining wall, and storm water management facilities.
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:
There are no impacts proposed below the Mean High Water Line (MHWL) of the property. The initial design included 1.2 acres of impacts to wetlands with the maximum density permitted under Rural Residential-5 (R-5) zoning and was reduced to .45 acres of wetland impacts by reducing the number of units and by eliminating all of the single-family residential units and using townhomes that clustered the upland areas more effectively.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing to purchase a total of 0.40 Uniform Mitigation Assessment Method (UMAM) palustrine credits from the Devil’s Swamp Mitigation Bank (MB) (SAJ-2004-01864) to offset wetland impacts associated with the project. Note: The Devil’s Swamp MB’s federally approved assessment method is the Wetland Rapid Assessment Procedure (WRAP). The Corps will request a new WRAP assessed functional loss and proposed WRAP assessed credit purchase proposal for use of Devil Swamp MB or one of the three (3) other UMAM assessed MBs that service areas cover the project area wetland impacts.
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 Piping Plover or Red Knot. 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 Wood Stork and 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 North Bay or Fannin Bayou. 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 may be required from the Northwest Florida Water Management District (NWFWMD).
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.