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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Ashley.M.Gonzalez@usace.army.mil.
APPLICANT: Watson Bayou Marina Partners, LLC
c/o James E. Frazier
P.O. Box 260130
Lakewood, Colorado 80226
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Watson Bayou. The project site is located at 407 Maple Avenue, in Section 10, Township 4 South, Range 14 West, Panama City, Bay County, Florida.
Directions to the site are as follows: From downtown Panama City, east on E 6th Street (aka E Business US Hwy 98 ), over Watson Bayou Bridge, then right on Maple Avenue. Property located at 407 Maple Avenue.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30.155147°
Longitude: -85.636823°
PROJECT PURPOSE:
Basic: Expand an existing marina
Overall: To expand an existing marina facility within Bay County, Florida.
EXISTING CONDITIONS: The project site is within an existing marina along a marine shoreline that is sparsely vegetated. The existing area surrounding the project area consists of Watson Bayou to the west, a mix of developed and undeveloped lots to the east, developed lot to the south and an RV park to the north. Prior to Hurricane Michael the facility had 4 piers with a total of 107 slips. The previous owner reconstructed the existing facility with 3 piers in a slightly different location that prevents the original 4th pier from being reconstructed.
PROPOSED WORK: The applicant seeks authorization to expand an existing 58-slip commercial marina, by adding 56 slips for a total of 114 slips. More specifically, Pier A extension consists of 12 slips with a 7.4-foot by 86.1-foot access dock, 4 – 2-foot by 26-foot finger piers, and a 4-foot by 100-foot terminal platform; Pier B extension consists of 22 slips with an 8-foot by 171.9-foot access dock, 8 – 2-foot by 26-foot finger piers, and a 4-foot by 100-foot terminal platform; Pier C extension consists of 22 slips with a 8-foot by 172-foot access dock, 8 – 2-foot by 26-foot finger piers, and a 4-foot by 100-foot terminal platform. All work for the expansion would take place over 10,870 square feet (5,243 SF existing) of waters of the United States (WOTUS).
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:
Pilings will be installed using low pressure jetting to reduce sediment displacement. Turbidity curtains will be installed as needed during construction to prevent turbid discharge from project area. No Submerged Aquatic Vegetation / Emergent Aquatic Vegetation is located in the project area.
COMPENSATORY MITIGATION – Compensatory mitigation has not been proposed by the applicant as no wetlands would be impacted for the proposed project.
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 determined the proposed project may affect but is not likely to adversely affect listed threatened and endangered species or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
West Indian (Florida) manatee (Trichechus manatus): Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian manatee were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of the Key resulted in the sequence A > B > C > G > H > I > J > L > N > O > P > P(1) “may affect, not likely to adversely affect”. This determination is based on the applicant following the standard manatee construction precautions for the proposed activity. By letter dated 25 April 2013, the FWS stated that for proposed in-water activities analyzed with the April 2013 version of this key in which the Corps reaches a “may affect, not likely to adversely affect” determination with respect to the manatee and/or its designated critical habitat, the FWS hereby concurs with the Corps determination in accordance with 50 CFR 402.14(b)1 and no further consultation with the FWS is required.
Piping plover (Charadrius melodus) and Red knot (Calidris canutus rufa): The project is located within the Red Knot and Piping Plover consultation zone. According to the June 2019 Red Knot and Piping Plover Alabama and Florida Panhandle Key, the proposed project does not occur within critical habitat. Additionally, the project is an existing Marina and impacts consist only of piling installation. Use of the Key resulted in the sequence A(b). Based on information available a” may affect, not likely to adversely affect” determination has been reached on these species and its native habitat. No further consultation with the FWS is required.
Wood Stork (Mycteria americana): The project is located within wood stork consultation area. According to the September 2008 wood stork Key, the proposed project impacts less than 0.5-acres of suitable foraging habitat for the wood stork and based on information available a “may affect not likely to adversely affect” determination was made on the wood stork and its suitable foraging habitat. Use of the Key resulted in the A > B > C(1). No further consultation with the FWS is required.
The Corps has determined the proposed project “may affect but is not likely to adversely affect (“MANLAA”) the swimming loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), hawksbill sea turtles (Eretmochelys imbricata) and leatherback sea turtles (Dermochelys coriacea). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
No effect determinations: The Corps has determined that the species under U.S. Fish and Wildlife jurisdiction identified in an IPaC report dated October 3, 2024, that are not specifically discussed above have specific habitat requirements not present, are not expected to be present, or are extirpated from the action area. Therefore, there would be no effect to 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. The proposal would impact approximately 0.129 acres (5,243 square feet) of unconsolidated bottom within waters of the U.S. utilized by various life stages of bonnethead shark, bull shark, red drum, blacktip shark, spinner shark, shrimp, coastal migratory pelagics, reef fish 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 the Watson 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is approximately 448 feet away from the near bottom edge of the Intracoastal Waterway federal channel, as determined by the applicant. The project is currently being coordinated with navigation section for further evaluation and concurrence.
SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, may alter, occupy, or use a Corps Civil Works project. The project is currently being coordinated with 408 section for further evaluation and concurrence.
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 SAD Technical Regional Execution Center (TREC) on behalf of the Panama City Permits Section, 701 San Marco Blvd, Jacksonville, Florida, 32207 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, Ashley Gonzalez, in writing at the SAD TREC on behalf of the Panama City Permits Section, 701 San Marco Blvd, Jacksonville, Florida, 32207; by electronic mail at Ashley.M.Gonzalez@usace.army.mil; or by telephone at (904) 613-6217.
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: Coastal Zone Consistency Concurrence is required from Florida Department of Environmental Protection. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. Coastal Zone Management Consistency was granted under Florida Department of Environmental Protection Permit No.: 0425048-001-EI-03 issued February 2, 2024.
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.