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: Brain Waterfield
Timshel Development Group, LLC
310South Dillard Street, Suite 135
Winter Garden, Florida 34787
WATERWAY AND LOCATION: The project would affect aquatic resources associated with construction of a multi-family residential development with associated parking areas, roadways, and stormwater management system in 2.65 acres of wetlands adjacent to an unnamed tributary to Robinson Bayou. The project site is located at 1318 St. Andrews Boulevard in Panama City, Bay County, Florida in Section 30, Township 03 South, and Range 14 West.
Directions to the site are as follows: From the Corps Panama City Office: Head northeast on Richard Jackson Boulevard (Blvd) toward Hutchinson Blvd for 0.6 miles, then turn right onto US-98 East. Continue for five miles, then take a slight right and continue onto FL-368 for 2 miles. Turn left onto St. Andrews Blvd and the site is located 1.5 miles down on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.201122°
Longitude -85.68011°
PROJECT PURPOSE:
Basic: Residential Development
Overall: To provide low income housing using Low Income Housing Tax Credits obtained through the Florida Housing Finance Corporation (FHFC) competitive allocation process to develop multifamily affordable housing within Bay County.
EXISTING CONDITIONS: The wetland system consists of a hydric pine flatwoods system. The onsite vegetation consists of loblolly pine (Pinus elliotiii), sweetgum (Liquiambar styraciflua), wax myrtle (Myrica cerifera), sweet bay (Magnolia virginiana), and water oak (Quercus nigra). Subcanopy consists of a mix of highbush blueberry (Vaccinium corymbosum), titi (Cyrilla racemiflora) and sparse saw palmetto (Serenoa repens). Groundcover consists of bushy bluestem (Andropogon glomeratus), royal fern (Osmunda regalis), maidencaine (Panicum hemitomon), greenbriar (Smilax spp.), and grapevine (Vitis spp.). Uplands on-site consist of low laying pine flatwoods with poorly drained soils. The dominant vegetation within this community type is fairly consistent with the hydric pine flatwoods community and consist of loblolly pine, saw palmetto, wax myrtle, camphor tree (Cinnamomum canphora), bitter gallberry (Ilex glabra), and southern magnolia (Magnolia grandiflora). The existing area surrounding the project area consists of residential development to the south and east and a four-lane road that runs along the western boundary. The property located to the north of the project site is an undeveloped wooded tract.
PROPOSED WORK: The applicant seeks authorization to impact 2.65 acres of wetlands to construct an 82-unit apartment complex, minimum required number of parking spaces and required stormwater treatment features.
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 applicant has gone through several draft iterations of the proposed site plan in an effort to reduce wetland impacts. Due the limited size of the parcel (±4.55 acres), a multifamily development of the nature proposed would require the use of 100% of the available developable area. Per Bay County’s land development code, and Florida’s Live Local Act, the development is limited to three stories because it is immediately adjacent to single family residential homes. Therefore, reducing the project footprint
by designing less building footprint at a greater height is not an option. Additionally, required setbacks from the road and neighboring properties, minimum parking requirements, as well as storm water retention requirements, further limit the developable area. Any reduction in the amount of housing units provided would make the project financially infeasible and not meet the goals of the FHFC funding. To help reduce further impacts than what is proposed, the applicant would implement a stormwater system design that would treat runoff from the surrounding roadways and restrict the runoff from entering off-site wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset wetland impacts, wetland mitigation is proposed to be in the form of mitigation
bank credits. The specific mitigation bank and credit amount would be finalized in the permitting process upon completion of the review of the application.
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 determined the proposed project may affect but is not likely to adversely affect the Eastern indigo snake and Panama City crayfish, or its designated critical habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Navigation: The proposed project 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, Suite 411, Panama City Beach, Florida 32407 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, Tracey L. Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at tracey.l.wheeler@usace.army.mil; or, by telephone at (850) 287-0138.
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 would 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 Florida Department of Environmental Protection (FDEP).
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.