SAJ-2024-00649 (SP-NDF)

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). 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 Nicole.D.Fresard@usace.army.mil.

APPLICANT: Bay County c/o Jason Jowers

                     5304 Old Majette Tower Road

      Panama City, Florida 32404-3441

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Deer Point Lake. The project site is located at 7925 Highway 2311, in Section 19, Township 2 South, Range 13 West, Panama City, Bay County, Florida.

EXISTING CONDITIONS: The project site is located on Deer Point Lake, near the Deer Point Lake Dam, in an area that connects to North Bay. The dam includes flood gates that control water flow, particularly during seasonal winter drawdowns, when the velocity of the discharge is very high. The project area is a public boat ramp accessed via Highway 2311. The central portion of the site includes a large, paved parking area with designated spaces for vehicles and trailers, as well as a playground with equipment located in an open grassy area. Vegetation is limited within the main use area but becomes more prominent along the shoreline with a patch of lemon bacopa identified near the southwest edge of the project area. Vegetation cover is sparse across the site but increases toward the northern and eastern boundaries. Surrounding land use includes residential or low-density development to the north and south, with highway 2311 running along the eastern edge of the site.

PROJECT PURPOSE:

Basic:  To provide water access and public use.

Overall:  To provide water access and public use of an existing boat ramp at Highpoint Park, Panama City, Bay County, Florida.

PROPOSED WORK: The applicant requests authorization for the removal of the existing boat ramps and docks at Highpoint Park and the construction of new boating access infrastructure consisting of a new 82.4-foot by 38-foot concrete double-lane boat ramp. Approximately 56 cubic yards of riprap would be placed along the ramp to prevent scour.

The proposal also includes the installation of three access docks, totaling approximately 2,270 square feet and supported by 56 wooden pilings. The docks consist of:

• A 5-foot by 78.9-foot access dock
• A 5-foot by 129.4-foot access dock with a 10-foot by 16-foot terminal platform
• A 4-foot by 90-foot access dock with a 16-foot by 26-foot floating kayak launch

The proposed project also includes the dredging of approximately 365 cubic yards (9,853 square feet) of sediment to a depth of -3 feet NAVD88 around the proposed boat ramp. Dredging would be done via mechanical dredge from the uplands. Dredged material would be placed in a self-contained upland spoil area for reuse by the local government for public purposes on upland areas.

AVOIDANCE AND MINIMIZATION: 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.”

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: “No submerged aquatic vegetation in project area”

CULTURAL RESOURCES:

The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

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), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper 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.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.  The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries 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: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 0.2 acres of shallow water habitat utilized by various life stages of coastal pelagic species. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

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: The proposed structure or activity 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 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 is required from the

Florida Department of Environmental Protection (FDEP). The WQC was issued on November 12, 2024 under FDEP Permit No.: 0431469-002-EI/03.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

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 October 2, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Nicole Fresard at Nicole.D.Fresard@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Nicole Fresard, 701 San Marco Boulevard, Jacksonville, FL 32207-8175. 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.

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