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: Mr. Jeremy Bedzow
CG PC-1, LLLC
621 South Federal Highway, Suite 5
Ft. Lauderdale, Florida 33301
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Dry Branch. The project site is located at 5441 and 5539 Nehi Road in Section 17, Township 3 South, Range 13 West, Panama City, Bay County, Florida.
Directions to the site are as follows: From Panama City, turn north onto Highway 231 at the intersection of 23rd Street and Highway 231. Travel approximately 4.86 miles and turn right onto Nehi Road. Project is located at 5441 and 5539 Nehi Road on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.228477°
Longitude -85.56432°
PROJECT PURPOSE:
Basic: Residential development.
Overall: The overall project purpose is to construct a multi-family residential development and associated amenities, parking, and storm water management facilities in east central Bay County.
EXISTING CONDITIONS: The project property is a 43.7 acre tract located on the east side of Nehi Road. The majority of the onsite area is pastureland. The north half of the project area is currently utilized as a single family residence and pastureland. The south half is pastureland and was previously utilized as an equestrian facility. The project area includes 14.42 acres of jurisdictional wetlands, comprised of approximately 12.00 acres of herbaceous pastureland, 1.24 acres of mixed pine and hardwood wetland, and 1.18 acres of open water pond area. Adjacent land uses include agricultural land to the north and northeast, the County jail facility to the southeast, the rear entrance to the jail facility to the south, and the right-of-way of Nehi Road to the west.
PROPOSED WORK: The applicant seeks authorization to directly impact 6.07 acres and secondarily impact 1.15 acres of waters of the U.S. (wetlands) to construct a 606 unit multi-family residential development and associated amenities, parking, 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:
The proposed project has been designed with a raised curb and gutter system to direct all surface water runoff to the stormwater management facility and proposed erosion control measures would be installed and maintained to prevent uncontrolled discharges of material to adjacent wetlands. Discharge orifices for the stormwater management system have been set at elevations consistent with the adjacent wetland area so as not to alter hydrological conditions within the system. The applicant has minimized impacts to wetlands by avoiding impacts to approximately 58% of the highest quality onsite wetlands that provides habitat for a federally listed species, the Panama City crayfish (PCC).
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 2.96 Uniform Mitigation Assessment Method (UMAM) Palustrine Emergent credits from the Horseshoe Creek Mitigation Bank (MB) (SAJ-2014-01308) to offset wetland impacts associated with the project and to preserve the remaining 8.35 acres of onsite wetlands in a perpetual conservation easement.
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: The Corps has performed an initial review of the application using current GIS information to determine if any threatened, endangered, proposed, or candidate species, as well as designated critical habitat may occur within the boundary of the proposed project. This review included the following species: Piping Plover (Charadrius melodus), Red Knot (Calidris canutus rufa), Wood Stork (Mycteria americana), Panama City crayfish (Procambarus econfinae) and Eastern indigo snake (Drymarchon corais couperi), or their designated critical habitats .
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, or designated critical habitat within the project area for these species and following the Standard Local Operating Procedures for Endangered Species (SLOPES) 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 USFWS programmatic keys for these species.
The Corps has determined the proposed project may affect but is not likely to adversely affect the Panama City crayfish (PCC) and its designated critical habitat. This determination is based on information provided by the applicant that describes the coordination between the USFWS, Florida Fish and Wildlife Conservation Commission (FWCC), and the applicant as well as several field site visits between 2019 and 2023. The applicant also proposes to preserve 8.35 acres of the highest quality PCC habitat wetlands in perpetuity to be protected under a restrictive covenant for the benefit of PCC. The Corps will consult with the USFWS pursuant to Section 7 of the Endangered Species Act.
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. A public notice for this proposed project was published on January 5, 2024, by the Florida Department of Environmental Protection (FDEP) under the State’s 404 Program.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Regulatory Division, 2000 Fort Point Road, Galveston, Texas 77550, or by electronic mail to: swg_public_notice@usace.army.mil 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, project manager, Sam Watson in writing at Policy Analysis Branch, 2000 Fort Point Road, Galveston, Texas 77550, or by electronic mail at Sam.Watson@usace.army.mil
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 is required from the Northwest Florida Water Management District (NWFWMD). The NWFWMD issued Individual Environmental Resource Permit Number IND-005-291850-2, dated June 6, 2023.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.