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Front Beach Road Investments - Commercial

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Bay County. Front Beach Road Investments, LLC, Tallahassee, Florida. PROJECT PURPOSE: Basic: Commercial development. Overall: To construct an assisted living facility and associated infrastructure in the Panama City Beach area and to construct a restaurant to service the staff, clients, and visitors of the facility.

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) as described below:

APPLICANT: Front Beach Road Investments, LLC

Mr. Bill Chandler

1564 Crestview Avenue

Tallahassee, Florida 32303

WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed wetlands. The project site is located adjacent to Front Beach Road between Allison Avenue and Cauley Avenue in Section 32, Township 3 South, Range 15 West, Panama City Beach, Bay County, Florida.

Directions to the site are as follows: From Panama City, take Highway 98 west to Panama City Beach. Once over the Hathaway Bridge, turn southwest onto Front Beach Road. The site is located on the north side of Front Beach Road between Oasis Worship Center and Kilgore Road.

APPROXIMATE CENTRAL COORDINATES: Latitude 30.185071°

Longitude -85.780659°

PROJECT PURPOSE:

Basic: Commercial development.

Overall: To construct an assisted living facility and associated infrastructure in the Panama City Beach area and to construct a restaurant to service the staff, clients, and visitors of the facility.

EXISTING CONDITIONS: The wetland system consists of a freshwater palustrine system. The wetland vegetation consists of pond cypress (Taxodium ascendens), popcorn tree (Sapium sebiferum), swamp tupelo (Nyssa sylvatica var. biflora), sweet bay (Magnolia virginiana), slash pine (Pinus elliottii), sweet pepperbush (Clethra alnifolia), black titi (Cliftonia monophylla), titi (Cyrilla racemiflora), large gallberry (Ilex coriacea), fetterbush (Lyonia lucida), netted chainfern (Woodwardia areolata), and cinnamon fern (Osmunda cinnamomea). The uplands contain slash pine (Pinus elliottii), southern magnolia (Magnolia grandiflora), wax myrtle (Myrica cerifera), large gallberry (Ilex coriacea), yaupon (Ilex vomitoria), bushy beardgrass (Andropogon glomeratus), fetterbush (Lyonia lucida), blackberry (Rubus argutus), saw palmetto (Serenoa repens), and muscadine (Vitis rotundifolia). The ecosystems on this site have been impacted by the nearby residential and commercial developments and the construction of roads and ditches (both on-site and off-site). The site has been disturbed by dumping, ATVs, and mechanical equipment. The hydrology of the landscape has been permanently altered by ditches and long term drainage. The existing area surrounding the project area consists of a ditch and a residential area to the west, residential and commercial buildings to the east, roadways and residential to the south, and a ditch and roadway to the north.

PROPOSED WORK: The applicant seeks authorization to permanently impact 0.86 acre of jurisdictional wetland and 0.05 acre of jurisdictional ditch to construct a 90 bed assisted living facility, a restaurant, stormwater management, and associated infrastructure. Temporary impacts, i.e. 0.16 acre, consist of re-grading and re-aligning an existing ditch. Silt fencing is proposed.

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:

Impacts were minimized by partially impacting and re-grading of the ditches and impacting only a portion of a disturbed wetland. Minimization of the facility size and parking was limited due to standards for the site layout to provide for resident safety and allow for access by medical and emergency services. The stormwater facility design using multiple ponds was also driven by the required facility site layout and safety concerns for the residents.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The proposed mitigation consists of 0.43 forested mitigation bank credits to be purchased from the Breakfast Point Mitigation Bank.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

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 been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Panama City Permit Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405 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, Mrs. Lisa S. Lovvorn, in writing at the Panama City Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405; by electronic mail at lisa.s.lovvorn@usace.army.mil; by facsimile transmission at (850) 872-0231; or, by telephone at (850)763-0717, extension 27.

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

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 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: 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.

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