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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Rainbow Restaurants, INC.
5711 North Lagoon Dr.
Panama City, FL32408
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Grand Lagoon and is located at 5711 North Lagoon Drive in Section 9, Township 4 South, Range 15 West, Panama City Florida 32408.
Directions to the site are as follows: From Panama City, head west on U.S. Highway 98, then turn South on CR 392/Thomas Drive to North Lagoon Drive.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.149447
Longitude -85.748345
PROJECT PURPOSE:
Basic: The basic project purpose is for improvements to an existing marina.
Overall: The overall project purpose is to expand the marina by increasing the number of decks and boat slips in addition to installing a new fuel dispenser, in Panama City.
EXISTING CONDITIONS: The wetland system consists of a saltwater open water lagoon system. The onsite vegetation consists of patchy seagrass beds. The existing area surrounding the project area consists of a mix of residential and commercial developments near the Grand Lagoon Bridge.
PROPOSED WORK: The applicant seeks authorization to expand the docks and slips of the existing marina and the installation of a new fuel dispenser. The specifics include the construction of four additional decks that are 148-foot-long by 8-foot-wide, 84-footlong by 8-foot-wide, 82-foot-long by 8-foot, and a 147-foot-long by 6-foot-wide; for a
total of 2,699 square feet. This includes the addition of 56.5 slips and the placement of a new fuel dispenser.
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 is an existing marina onsite and expansion reduces the need for the construction of a new marina. The number of slips proposed was reduced from 100 to 56.5 to minimize impact to aquatic resources.
COMPENSATORY MITIGATION – The applicant did not propose compensatory mitigation, due to the lack of impact to any critical habitat within or near the project area.
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 preliminarily determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the state of Florida effect Determination key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > H> I > J > L> N > O >P > May affect, not likely to adversely affect. This determination is partially based on the applicant following the standard manatee construction precautions for the proposed project. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
The Corps has preliminarily determined that the proposed project would have no effect on the Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis), Eastern Indigo Snake (Drymarchon couperi), Piping Plover (Charadrius melodus), Telephus Spurge (Euphorbia telephioides), Tricolored Bat (Perimyotis subflavus), and White Birds-in-anest (Macbridea alba).
The Corps has preliminarily determined the proposed project may affect but is not likely to adversely affect green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), smalltooth sawfish (Pristis pectinata), Gulf sturgeon (Acipenser oxyrinchus desotoi) and its designated critical habitat. The Corps will request initiation of informal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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 0.3 acres of open water and seagrass utilized by various life stages of costal migratory pelagics, 43 species of reef fish, blacknose shark (Gulf of Mexico Stock), bonnethead shark (Gulf of Mexico Stock), bull shark, red drum, blacktip shark (Gulf of Mexico Stock), spinner shark, shrimp, 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 Grand Lagoon. 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 South Atlantic Division Technical Regional Execution Center, Savannah District, Regulatory Division, 100 W Oglethorpe Ave., Savannah, GA 31401 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, Eric Parks, in writing at the Technical Regional Execution Center (TREC), 100 West Oglethorpe AVE., Savannah, GA 31401; by electronic mail at eric.m.parks@usace.army.mil; or, by telephone at (912) 856-7137.
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.
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.