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: Kingdom Splashfest, LLC.
292 Robert Ellis Street
Santa Rosa Beach, Florida 32459
WATERWAY AND LOCATION: The project would affect waters of the United States associated with St. Andrew Bay. The project site is located at 430 West 5th Street in Section 8, Township 4 South, Range 14 West, Panama City, Bay 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 2.95 miles and turn right onto Frankford Avenue. Continue for 0.7 mile and turn left and travel east on West Beach Drive for approximately 1.8 miles and turn right onto West 5th Street. The project area is on the shoreline at 430 West 5th Street.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.155467°
Longitude -85.66546°
PROJECT PURPOSE:
Basic: Commercial recreation.
Overall: The overall project purpose is to develop a floating waterpark for commercial water recreation along the St. Andrew Bay shoreline in Panama City, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. Aerial data shows patchy, discontinuous Submerged Aquatic Vegetation (SAV) (seagrasses) along the shoreline. The shoreline consists of scattered broken concrete and sandy shoreline. The uplands consist of open land with dispersed scrub shrub, palm trees, and maintained and non-maintained grasses. The existing area surrounding the project area consists of government and commercial services and oil and gas storage facilities (fuel depot).
PROPOSED WORK: The applicant seeks authorization to construct a commercial inflatable park covering 1.49 acres (65,025 Square Feet (SF)) over surface waters tethered and anchored to the sea bottom by approximately 114 – 3’ x 3’ x 10” concrete block anchors. There are no permanent structures proposed and no SAV or Emergent Aquatic Vegetation (EAV) within the proposed project’s footprint.
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 project footprint would not cover any SAV, and no permanent structures would be installed.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
No mitigation is required due to there are no loss of waters of the U.S. associated with these activities.
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: Gulf sturgeon (Acipenser oxyrinchus desotoi), Smalltooth sawfish (Pristis pectinate), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Leatherback sea turtle (Dermochelys coriacea), Giant Manta Ray (Manta birostris), West Indian Manatee (Trichechus manatus), Wood Stork (Mycteria americana), Piping Plover (Charadrius melodus), Red Knot (Calidris canutus rufa), and Eastern indigo snake (Drymarchon corais couperi).
The Corps has determined the proposed project may affect, not likely to adversely affect the swimming sea turtles species, Gulf sturgeon, Smalltooth sawfish, and Giant Manta Ray. The Corps will programmatically consult with the National Marine Fisheries Service for concurrence with the Corps determinations.
The Corps has determined the proposed project may affect, not likely to adversely affect the West Indian Manatee and Eastern indigo snake following the U.S. Fish and Wildlife Service (USFWS) programmatic keys for these species.
The Corps has determined the proposal would have no effect on nesting Sea turtles, Wood Stork, Piping Plover, and Red Knot following the 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 St. Andrew Bay. 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 Corps has determined the waterward edge of the proposed structure is approximately 3,630 feet away from the near bottom edge of the Intracoastal Waterway federal 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 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 Florida Department of Environmental Protection (FDEP) or 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.