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). The purpose of this public notice is to solicit comments from the public regarding the work 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 lauren.k.pohlmann@usace.army.mil.
APPLICANT: Camilo Giraldo
Sowal Holdings, LLC
441 Defuniak Street
Santa Rosa Beach, FL 32459
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Peach Creek. The project site is located off Old Ferry Road; at latitude 30.365826° and longitude -86.105134°; in Santa Rosa Beach, Walton County, Florida.
EXISTING CONDITIONS: The proposed work is in non-tidal wetlands on a 3.91-acre undeveloped lot. The site consists of 3.35 acres of uplands and 0.56 acres of wetlands. The wetlands on site are described as wet pine flatwoods. The existing surrounding area consists of a mixture of undeveloped land and residential developments.
PROJECT PURPOSE:
Basic: Residential development
Overall: Construct a road and stormwater pond to access and support a residential development on the upland portion of the parcel in Walton County, FL.
PROPOSED WORK: The project proposes to directly impact a total of 0.25 acre of wetlands to construct a road to a residential development and a portion of a stormwater pond. The remaining 0.31 acre of wetlands on the project parcel will remain undisturbed. The residential development will be constructed in the uplands. The fill will be stabilized with a 3:1 fill slope.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“The project proposes to impact less than 45% (0.25 acres) of the onsite wetlands for ingress / egress to a proposed upland residential subdivision development. The remaining 55% (0.31 acres) of onsite wetlands will remain undisturbed. To minimize impacts, 25’ upland buffer adjacent to the wetlands to remain on the property has been provided where feasible.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To offset the proposed primary and secondary impacts associated with the project, the applicant is proposing to purchase federal palustrine emergent credits from the Horseshoe Creek Mitigation Bank.”
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, federally recognized tribes and other interested parties.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.
Tricolored bat, eastern black rail, alligator snapping turtle, eastern indigo snake, reticulated flatwood salamander, monarch butterfly, piping plover, red knot, and wood stork. There is no critical habitat within the project area.
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.
This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The proposed project would be located in freshwater forested wetlands, which are located inland. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.
NAVIGATION: The proposed structure or activity is not located in navigable waters.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP) or the Northwest Florida Water Management District (NWFWMD).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence may be required from the Florida Department of Environmental Protection (FDEP) or the Northwest Florida Water Management District (NWFWMD).
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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.
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. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
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.
The Jacksonville District will receive written comments on the proposed work, as outlined above, until August 15, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Lauren Pohlmann at lauren.k.pohlmann@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Lauren Pohlmann, 41 North Jefferson Street, Suite 301 Pensacola, Florida 32502. Please refer to the permit application number in your comments.
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.
Click here for public notice and graphics