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Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2016-03434(SP-LSL)

Posted: 7/27/2017

Expiration date: 8/17/2017


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: Ms. Julie Compton Mr. Jay Franklin
                      120 Grogans Landing Cape Villas Community Association, Inc.
                      Atlanta, Georgia 30350 320 Dahlonega Street, Suite 100
                      Cumming, Georgia 30040

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Money Bayou which has an open connection to the Gulf of Mexico. The project site is located between Florida Department of Environmental Protection (FDEP) monuments R-140 and R-141 in Section 19, Township 9 South, 10 West, Port St. Joe, Gulf County, Florida.

Directions to the site are as follows: From the City of Port St. Joe, travel southeast on U.S. Highway 98 for approximately 2 miles. Turn left onto County Road 30-A and continue approximately 8 miles. The project location is on the left (south side of the road).

APPROXIMATE CENTRAL COORDINATES: Latitude     29.68438⁰
                                                                         Longitude -85.28732⁰

PROJECT PURPOSE:

Basic: Shoreline stabilization.

Overall: To stabilize the shoreline for protection of residential structures associated with Cape Villas Condominiums adjacent to the existing Money Bayou outfall in Gulf County, Florida.

EXISTING CONDITIONS: The system consists of an intermittent outfall and channel which discharges from Money Bayou into the Gulf of Mexico. The onsite vegetation adjacent to the channel consists of native dune vegetation. The existing area surrounding the project area consists of predominately open sand with sparse sea oats.

PROPOSED WORK: The applicant seeks authorization to relocate the outfall at Money Bayou in order to protect existing sand dunes and residential structures. The project would impact 0.867 acre of waters of the U.S. through the discharge of 1,400 cubic yards of beach sand into the existing Money Bayou outfall channel. Relocation of the proposed channel would involve excavating approximately 1,336 cubic yards in order to create the proposed channel to a bottom elevation of -1’ NAVD 88, bottom channel width between 30’ and 35’, side slopes of 1 Vertical to 3 Horizontal, and a top channel width of approximately 60’ (@ +3.5’, NAVD 88). The excavated material would be placed within the limits of the existing channel to an elevation of approximately +5’, NAVD 88. The proposed channel would be excavated landward of the High Tide Line which is estimated at +2.62’ NAVD 88. The proposed channel would not connect to the Gulf of Mexico. Excess material would be placed in an upland location. The project would include installation of sand fencing and native dune vegetation adjacent to the newly created outfall channel. Native dune vegetation, i.e. sea oats, would be obtained from local sources within the Florida panhandle and planted. Sand fencing is proposed and turbidity curtains are proposed at the waterward end of the proposed channel.

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:

The footprint and location of the proposed channel is the minimum area to redirect the flow of discharge. All work would conform to nesting sea turtle protection requirements and the native vegetation protection requirements outlined in Florida regulations subsection of 62-B34.070(5) FAC. Construction is anticipated to be completed within one year of issuance of all required authorizations and would reoccur as needed in response to erosion and weather events. Construction would occur outside of sea turtle nesting and shorebird nesting seasons.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

During work, no vegetation would be impacted. Native dune vegetation is proposed to be planted along 264’ of newly constructed 20’ wide dune consisting of approximately 5,385 square feet.

CULTURAL RESOURCES: The Corps has determined the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect piping plover and nesting loggerhead sea turtle or their designated critical habitat. In addition, the Corps has determined the proposed project may affect, but is not likely adversely affect nesting green sea turtles, nesting Kemp’s ridley sea turtle, or red knot. The Corps will request U.S. Fish and Wildlife concurrence with this determination 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. Our initial determination is that the proposed action would have a minor adverse impact on EFH or Federally managed fisheries in Money Bayou. 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.

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.

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 Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405 within 21 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: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

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 of 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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.

Gulf County Jacksonville District permit public notice U.S. Army Corps of Egineers (USACE)