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.
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 Cristin.A.Archer@usace.army.mil.
APPLICANT: Joseph E. D’Isernia
Norwest Florida Holdings, Inc.
2200 Nelson Street
Panama City, Florida 32401
WATERWAY AND LOCATION: The project would affect aquatic resources associated with East Bay. The project site is located at 13300 Allanton Road, approximately 0.8 miles south of the intersection of Halter Marine Rd and Allanton Rd in 19 Section, 05S Township, 012W Range, in Panama City, Bay County, Florida 32404.
Directions to the site are as follows: From the intersection of Highway 98 and Highway 22, travel east on Hwy 22 for 7 miles. Turn south onto Allanton Road. Travel 8.2 miles to the Eastern Shipbuilding Group Allanton Shipyard. Not that Visitor Form, federal ID and passport required for entry to the secured site.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.030915°
Longitude -85.476743°
PROJECT PURPOSE:
Basic: Maintenance Dredging and Basin Inlet Widening
Overall (provided by the applicant): Maintenance dredge of the existing Allanton Basin Channel and the widening of the inlet to the basin by 23.2 feet to safely accommodate construction of larger vessels.
EXISTING CONDITIONS: The existing area surrounding the project area consists of an active industrial shipyard and a conservation easement. The proposed project area has been previously dredged under Corps permit SAJ-1998-05026 and the existing seawalls were previously authorized.
The wetland system consists of a saltwater system. The onsite vegetation consists of Saltwater Marshes. This area includes the narrow band of naturally vegetated saltmarsh along East Bay, which is affected by tides. This portion of the site has no canopy and consists of salt- tolerant grass species, including black needlerush (Juncus roemerianus) and cordgrass (Spartina patens) with marsh-elder (Iva frutescens) and saltbush (Baccharis halmifolia) occurring on higher sandy areas. Two different soil types occur in the project limits: Plummer Sand and Bayvi Loamy Sand.
PROPOSED WORK: The applicant seeks authorization to relocate the existing seawalls at the mouth of the basin approximately 10 ft on the west side, and 14 ft east side, of the existing locations, impacting approximately 0.24 acres of wetland. Applicant also requests to perform maintenance dredging of the previously permitted 2,200’ long, 125’ wide access channel from the navigational channel to the south of the site.
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:
This basin was previously dredged and will be maintained at the original permit specifications. Dredged material will be removed to the upland spoil basin. Return water will be released from the discharge point. Turbidity testing will be conducted.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset the wetland impacts, the applicant proposed to purchase 0.20
Credits from the Horseshoe Creek Mitigation Bank located approximately 6
miles from the site.
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 Gulf Sturgeon (Acipenser oxyrinchus desotoi), West Indian manatee (Trichechus manatus), and swimming sea turtles, including Green Turtle (Chelonia mydas), Kemp’s Ridley Turtle (Lepidochelys kempii), Loggerhead Turtle (Caretta caretta). The Corps has determined the project would have no effect on the following ESA-listed species: Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis), Eastern Indigo Snake (Drymarchon couperi), Godfrey's Butterwort (Pinguicula ionantha), Piping Plover (Charadrius melodus), Rufa Red Knot (Calidris canutus rufa), White Birds-In-A-Nest (Macbridea alba), and Wood Stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife and the National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act.
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 6.31 acres of estuarine unconsolidated bottom. Our initial determination is that the proposed action would have a minor adverse impact on EFH or Federally managed fisheries in the East 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 150 feet away from the near bottom edge of the lntracoastal 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 Technical Regional Execution, 100 W Oglethorpe Ave, Savannah, GA 31401 on behalf of the Panama City Permits Section, 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, Alexi Archer, in writing at the Technical Regional Execution Center on behalf of the Panama City Permits Section, 100 W Oglethorpe Ave, Savannah, GA 31401 by electronic mail at Cristin.A.Archer@usace.army.mil; by telephone at (912) 837-9860.
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.
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.
CLICK HERE for Public Notice and Graphics