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:
Lisa Phillips
PO Box 115
Cleburne, TX 76033
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Santa Rosa Sound. The project site is located on Lot 12, Block B of the Caribbean Isles subdivision, on the north side of Bermuda Drive, Navarre Beach, FL 32566.
Directions to the site are as follows: From Highway 98 in Navarre, turn south on Highway 339 (Navarre Beach Causeway). Turn west at the 4-way stop onto Gulf Boulevard. Travel 1.8 miles, and turn north on Indiana Street. Turn west on White Sands Boulevard until you reach Bermuda Drive, and enter the Caribbean Isles subdivision. The vacant lot will be on the right as shown on the attached drawings.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.377064°
Longitude -86.903863°
PROJECT PURPOSE:
Basic: Land reclamation and shoreline stabilization.
Overall: To reclaim land lost to erosion in order to improve the applicant’s use of the property, and to stabilize that reclaimed land and shoreline on the applicant’s parcel.
EXISTING CONDITIONS: Lot 12 encompasses approximately 0.16-acre and is entirely uplands up to the existing shoreline. The parcel consists of mostly unvegetated sand with some scattered coastal scrub vegetation. The shoreline shows clear signs of erosion. There is no emergent or submerged aquatic vegetation (SAV) on the project site, however patches of SAV and emergent wetlands do exist nearby.
PROPOSED WORK: The applicant seeks authorization to construct a new 51.2-foot long seawall 0 to 15 feet waterward of the existing shoreline with wingwalls extending back to the shoreline and connecting with shoreline stabilization structures on both adjacent properties. Riprap would extend an additional 3 feet waterward of the seawall. Approximately 8 cubic yards of fill material described as clean compatible sand would be discharged below the plane of mean high water (MHW) immediately behind (landward of) the seawall. Clean sand would also be discharged immediately waterward of the bulkhead and riprap to create a low beach area/intertidal zone, with a riprap/oyster revetment constructed at the waterward edge of the low beach area. Activities below the plane of MHW would total approximately 1068 square feet.
This site was the subject of a public notice dated August 31, 2017 for a project involving a different applicant, more reclamation, and no low beach area/intertidal zone. The adjacent properties to the east (SAJ-2015-03528) and to the west (SAJ-2015-03774) have both received recent Department of the Army authorizations for their shoreline stabilization work.
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 project involves reclamation of a portion of what has been lost to erosion.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No compensatory mitigation plan has been submitted.
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 threatened West Indian manatee (Trichechus manatus), the threatened Gulf sturgeon (Acipenser oxyrinchus desotoi), the endangered smalltooth sawfish (Pristis pectinata), threatened Loggerhead turtle (Caretta caretta), endangered Green turtle (Chelonia mydas), and endangered Kemp’s ridley turtle (Lepidochelys kempii) or their designated critical habitat. The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with these determinations 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. The proposal would impact approximately 1068 square feet of unvegetated estuarine bay bottom utilized by various life stages of shrimp, reef fish, red drum, and coastal migratory/pelagic fish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally-managed fisheries in the Gulf of Mexico. 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 N. Jefferson Street, Suite 301, Pensacola, FL 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, Ed Sarfert, in writing at the Pensacola Permits Section, 41 N. Jefferson Street, Suite 301, Pensacola, FL 32502; by electronic mail at edward.p.sarfert@usace.army.mil; by facsimile transmission at (850)433-8160; or, by telephone at (850)439-9533.
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.