TO WHOM IT MAY CONCERN: To simplify and expedite processing of Department of the Army permits for minor, substantially similar activities, the Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to reissue the Regional General Permit (RGP) SAJ-86 to authorize discharges of dredged or fill material into non-tidal waters of the United States for the construction of residential, commercial, recreational, and institutional projects and restoration activities, and their components, which comprise and are necessary for the construction, use and maintenance of such projects in non-navigable and non-tidal waters, including wetlands, which are located in three large watersheds: The Lake Powell watershed, and various drainage basins of the Choctawhatchee Bay and West Bay watersheds.
Minor activities that would be covered under the SAJ-86 include the following, pursuant to Section 404 of the Clean Water Act (33 U.S.C §1344).
This permit applies to discharges of dredged or fill material into non-tidal waters of the United States for the construction of residential, commercial, recreational, and institutional projects and restoration activities, and their components, which comprise and are necessary for the construction, use and maintenance of such projects. Project components may include, but are not limited to roads, parking lots, garages, yards, utility lines, temporary construction facilities and stormwater management facilities. Residential developments include multiple and single unit developments. Examples of commercial developments include retail stores, light industrial facilities, research facilities, warehouses, distribution facilities, hotels, restaurants, business parks, and shopping centers. Examples of recreational facilities include playgrounds, playing fields, golf courses, hiking trails, bike paths, horse paths, stables, nature centers, and campgrounds. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. Restoration activities include those designed to manipulate the physical, chemical, or biological characteristics of a site with the goal of returning or enhancing natural/historic ecological functions to a former or degraded aquatic resource.
Activities would occur within waters of the United States in three large watersheds: The Lake Powell watershed, and various drainage basins of the Choctawhatchee Bay and West Bay watersheds. The RGP area also includes two small areas, which drain either directly to the Gulf of America (Gulf) or through the Camp Creek Lake watershed into the Gulf. The RGP area is located within southeastern Walton County and southwestern Bay County. More specifically, the proposed RGP project area is located south and north of the Intracoastal Waterway (ICW) and north of U.S. Highway 98 (US 98), extending from eastern West Bay west to Choctawhatchee Bay. Ten proposed conservation units (Exhibits 6-16) and two mitigation banks (Exhibits 17 &18) are located within the boundaries of the RGP. In Bay County, Township, Range, and Sections are: T2S, R16W, S17-20 & 28-33; T2S, R1 7W, S13-17 & 19-36; T3S, R15W, S28-33; T3S, R16W, S4-9, 15-18, 20-22, & 25-27; and T3S, R 17W, S1-6 &1 0-13. In Walton County, Township, Range, and Sections are: T2S, R18W, S31; T2S, R19W, S25, 26, 35 & 36; T3S, R18W, 83-6,8-11, 13-1 6, 23-26, 35 & 36; and T3S, R19W, S1 & 2.
BACKGROUND: SAJ-86 was developed along with an Ecosystem Management Agreement between the Florida Department of Environmental Protection (FDEP) and The St. Joe Company (St. Joe) by an interagency team comprised of the Corps, FDEP, U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (FWS), Northwest Florida Water Management District (NWFWMD), and St. Joe. For the 2009 reissuance of SAJ-86 the interagency team included the above, except for the NWFWMD, but with the inclusion of the Florida Fish and Wildlife Conservation Commission (FWC). For the 2014 reissuance of SAJ-86, the interagency team was comprised of the same members as that for the 2009 reissuance.
The purpose of the RGP is to protect the aquatic environment on a watershed scale within an area of new, and rapid, residential and commercial development by developing a forward-looking, flexible and predictable permitting program that would minimize unavoidable direct impacts to highest quality aquatic resources, minimize impacts to lower quality aquatic resources, and appropriately mitigate for direct, indirect and cumulative impacts within the affected watershed.
RGP SAJ-86 was originally issued by the Corps on 30 June 2004 and was reissued on 23 June 2009, 25 March 2015, and 22 September 2020. The SAJ-86 project area encompasses approximately 48,150 acres, including approximately 39,000 acres that were owned by St. Joe at the time SAJ-86 was originally issued.
The Corps anticipates utilization of the RGP SAJ-86 to address future requests for minor work within the authorized geographic area. This RGP improves efficiencies for the review and verification of minor activities, thus improving service to the regulated public. This RGP will be coordinated with Federal and State resource agencies to address federal laws such as the National Historic Preservation Act (NHPA) and the Fish and Wildlife Coordination Act.
The term “General Permit” means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. After five years, general permits may be reissued, suspended, or revoked.
An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via an individual permit, but the application must be individually evaluated and coordinated with third parties, including the federal and state resource agencies. Review of an application for an individual permit takes additional time to complete as conflict resolution may be required.
AVOIDANCE AND MINIMIZATION:
RGP SAJ-86 would authorize activities that are minor and commonplace. The proposed terms and conditions of the RGP SAJ-86 require activities proposed for authorization to be minimal in nature and avoid aquatic resources to the maximum extent.
Several specific minimization requirements have been incorporated in project design criteria including established impact ratios for individual project sites and within watershed basins, requirements for preservation within designated conservation units, establishment of buffers adjacent to high quality wetlands and an aggregate total impacts to high quality wetlands at 125 acres for the permit instrument.
COMPENSATORY MITIGATION:
Compensatory mitigation consistent with the 2008 Mitigation Rule for individual project wetland impacts may be satisfied using: (1) Federal mitigation bank credits from approved mitigation banks, (2) Mitigation activities within designated conservation units, and (3) Onsite mitigation activities.
CULTURAL RESOURCES:
The Corps is not making an effect determination to historic properties for this permit instrument. Instead, each activity proposed for authorization under the RGP SAJ-86 will be evaluated for compliance with Section 106 of the National Historic Preservation Act (NHPA) and the guidelines of 33 C.F.R. Part 325, Appendix C.
For each activity proposed for authorization under the RGP SAJ-86, the Corps will conduct an individual evaluation of the activity’s potential effects to historic properties and Tribal resources, in accordance with Section 106 of the NHPA and Tribal Trust responsibilities.
No activity shall be authorized under this RGP which is likely to adversely affect historic properties listed on, or eligible for listing on the National Register of Historic Places.
If the proposed activity requires consultation under the NHPA, the proposed activity cannot be authorized under this RGP until consultation with the State Historic Preservation Office and other appropriate consulting parties is initiated and concludes with a determination that the activity has little likelihood to affect a historic property.
ENDANGERED SPECIES:
Impacts to listed species were previously evaluated and a Biological Opinion (BO) was issued May 19, 2009, that includes RGP SAJ-86, RGP SAJ-105 and RGP SAJ-114, and contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the "incidental take" that is specified in the BO. Authorization under this RGP is conditional upon compliance with all of the mandatory terms and conditions associated with incidental take of the BO.
WATER QUALITY CERTIFICATION:
The Corps will request general water quality certification from the FDEP.
COASTAL ZONE MANAGEMENT CONSISTENCY:
The Corps will request general coastal zone consistency concurrence from the FDEP.
IMPACT ON NATURAL RESOURCES:
Coordination with FWS, 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.
COMMENTS:
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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
COMMENTS regarding the potential authorization of the SAJ-86 should be submitted in writing within 30 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments to Kelly Bunting at Kelly.A.Bunting@usace.army.mil.
QUESTIONS concerning this public notice should be directed to Kelly Bunting at Kelly.A.Bunting@usace.army.mil, or by telephone at 850-760-0717, extension 2.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
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