Jacksonville District Header Image

 

JACKSONVILLE DISTRICT

Home
Home > Missions > Regulatory > Public Notices

Public Notice Archive

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.

ATTACHMENTS


  Graphics
Bookmark and Share Email Print


SAJ-2005-06882 (SP-MDZ)

Posted: 2/27/2018

Expiration date: 3/19/2018


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) as described below:

APPLICANT:  Pointe Mezzanine, LLC
                       Robert Guidry
                       1901 Manhattan Blvd., Building H, Suite 101
                       Harvey, LA 70058

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Destin Harbor. The project site is located at Tax Parcel ID: 00-2S-24-0000-0034-0000, on Gulf Shore Drive, in Section 04, Township 02 South, Range 23 West, Destin, Okaloosa County, Florida.

Directions to the site are as follows: From Destin, travel east on US-98. Turn right onto Gulf Shore Drive. Follow Gulf Shore Drive to the end where it terminates in the parking lot of East Pass Towers Yacht Club. The project site is located to the north of the parking lot.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.391023°
                                                                          Longitude -86.508632°

PROJECT PURPOSE:

Basic: Construct a marina.

Overall: The overall project purpose is to construct a new marina in Destin Harbor, in Okaloosa County, Florida.

EXISTING CONDITIONS: The site is located on a peninsula, Norriego Point, with water access to Destin Harbor. An existing seawall is present along Destin Harbor, measuring approximately 600 linear feet. No submerged aquatic vegetation is visible within the proposed project footprint. This area is open to the public and utilized by boaters for recreational purposes.

PROPOSED WORK: The applicant seeks authorization to construct a new commercial marina that would be open to the public. The marina would be comprised of three dock structures (Docks A, B, and C) to accommodate a total of 51 slips and 4 flexible mooring areas. The flexible mooring areas would be intended for larger vessels ranging in size from 60 to 100-feet in length. Dock A would consist of 4,330 square feet of structure to accommodate 14 slips with two flexible mooring areas (70 linear feet and 140 linear feet). Dock B would consist of 4,235 square feet of structure to accommodate 18 slips with one flexible mooring area measuring 80 linear feet. Dock C would consist of 3,870 square feet of structure to accommodate 19 slips with one flexible mooring area measuring 108 linear feet. The marina would be constructed with an estimated total of 380 timber piles for all docks, finger piers, and mooring piles. All pilings would be installed utilizing low-pressure jetting. Any treated timber pilings utilized for the project would be wrapped to minimize leaching.

The proposed project would also involve dredging that would occur in the area immediately waterward of the existing seawall in Destin Harbor. The dredging aspect of the project is depicted on sheets 6, 10, 12, and 13 of the project drawings. The project would involve excavation of 3,320 cubic yards above the plane of the Mean High Water Line (MHWL) and dredging of 6,340 cubic yards from 43,772 square feet (1.004 acre) to a depth of 8.7-feet below the plane of the MHWL. Dredged material would be placed in an on-site upland spoil containment area with no return water to surrounding surface waters.

The proposed project includes the installation of riprap along (596-linear feet) the face of the existing seawall and extend a maximum of 7-feet from the toe of the seawall into the waterway. Riprap would be installed by a small excavator mounted on a shallow draft barge.

Construction of the project would be completed within 3 – 4 months.

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 proposed project does not include any impact to wetlands, seagrasses or other submerged critical habitat areas. The applicant intends for the marina to maintain a “Clean Marina” status and provide sewage pump-out facilities. The facility structure will consist of wrapped timber pilings to reduce the potential for contaminants with the waterbody, and the riprap placed along the toe of the sheet pile will provide habitat for marine fishes, oysters, and other crustaceans. The previous application has also performed a hydrographic (flushing) analysis to ensure the facility basin and waterbody provide sufficient circulation and flushing meeting FDEP’s 96-hour requirements.”

The applicant has elected to follow the Sea Turtle and Smalltooth Sawfish Construction Conditions. The contractor would install and maintain turbidity curtains surrounding the active construction areas and monitor turbidity throughout all construction operations.

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

The proposed project does not include any impacts to submerged resources (e.g., seagrasses or critical habitat), wetland areas, or any other areas of concern; therefore, the project should not require compensatory mitigation.

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: Since the proposal by the application is for in-water construction, potential impacts to the endangered West Indian Manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Key), 2013. Based on used of the Manatee Key, the Corps has determined that the proposed project may affect, but is not likely to adversely affect the West Indian Manatee.

The Corps has also determined the proposed project may affect, but is not likely to adversely affect the Gulf Sturgeon (Acipenser oxyrinchus desotoi) and swimming sea turtles, specifically the loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), leatherback sea turtle (Dermochelys coriacea), Kemp’s ridley sea turtle (Lepidochelys kempii), and hawksbill sea turtle (Eretmochelys imbricata). The Corps will request National Marine Fisheries Service 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 not have a substantial adverse impact on EFH or Federally managed fisheries in the Destin Harbor. 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 Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502 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, Mia Zarbo, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502; by electronic mail at maria.d.zarbo@usace.army.mil; or, by telephone at (850) 439-3474.

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 US Army Corps of Engineers (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.

Jacksonville District Okaloosa County permit public notice U.S. Army Corps of Engineers USACE