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: Harold Staples
Destin Fisherman’s Cooperative & Association, Inc.
132 Hales Lane
Freeport, Florida 32439
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Choctawhatchee Bay and River Watershed. The project site is located at 132 Hales Lane in Walton County, Florida. The proposed impact would occur in unnamed wetlands adjacent to, and in surface waters of, Four-Mile Creek, within Section 22, Township 1 South, Range 19 West in Freeport, Florida.
Directions to the site are as follows: From Freeport, travel south on East Bay Loop Road/County Highway 83A East for approximately 0.72 mile to Robinwood Drive. Turn south (left) on Robinwood Drive and travel approximately 0.14 mile to Hales Lane. Turn east (left) on Hales Lane. The site is located on the south side of Hales Lane adjacent to the shoreline.
APPROXIMATE CENTRAL COORDINATES: Latitude: 30.486829°
Longitude: -86.137540°
PROJECT PURPOSE:
Basic: Industrial Facility.
Overall: Construct a vessel offloading, maintenance, and repair facility within the existing marine industrial area of Four-Mile Creek in Walton County, Florida.
EXISTING CONDITIONS: The project site is a 2.27-acre parcel adjacent to Four-Mile Creek, which is located on the north side of Choctawhatchee Bay in Walton County and consists of both uplands (2.20-acre) and wetlands (0.07-acre). The wetlands are situated along a narrow fringe adjacent to Four-Mile Creek and are typical of riparian wetlands associated with stream and riverine systems. The on-site wetland vegetation includes slash pine (Pinus elliottii), sweetbay (Magnolia virginiana), red maple (Acer rubrum), willow (Salix nigra) and Chinese tallow (Triadica sebifera). According to the NRCS Soils Map, the project site is mapped with Hurricane and Lakeland soil types. The upland portion of the parcel has been cleared and serves as a parking lot for vessel storage. This section of Four-Mile Creek is an industrial zoned area in the City of Freeport that has historically been used by barge transport associated with various types of industrial operations. The surrounding area includes several existing industrial operations such as the Freeport Shipyard, Cemex Operations, and Murphy Oil Depot.
PROPOSED WORK: The applicant seeks authorization to construct a 30-foot by 60-foot wet slip, docking structures and seawalls associated with a vessel maintenance and repair facility. Specifically, the impacts would consist of dredging 1,293 cubic yards of material, including 0.07 acre of wetlands, to a depth of -10 feet at mean high water (MHW). A seawall would be constructed along the inside perimeter of the wet slip to contain sediments and prevent the bank from collapsing due to wave action. The excavated and dredged material would be placed in an upland disposal area with no return water into waters of the United States. Additionally, 240 linear feet of 4-foot wide marginal docks are proposed to be constructed.
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:
Minimization of impacts would be accomplished by utilizing floating turbidity curtains to minimize the turbidity generated from construction and silt fencing to prevent sediment runoff to nearby wetland areas.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset direct and secondary impacts, the applicant proposes to purchase 0.04 palustrine forested mitigation bank credits from the Nokuse 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 West Indian manatee (Trichechus manatus), smalltooth sawfish (Pristis pectinata), Gulf sturgeon (Acipenser oxyrinchus desotoi) and the following species of swimming sea turtles: green (Chelonia mydas), hawksbill (Eretmochelys imbricate), Kemp’s ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea) and loggerhead (Caretta caretta). The Corps will request U.S. Fish and Wildlife and 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. The proposal would impact unvegetated bottom in Four-Mile Creek which is contiguous with Choctawhatchee Bay and the Gulf of Mexico and may be utilized by various life stages of red drum, reef fish, coastal migratory pelagic and shrimp. 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.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.
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, Steve Andrews Jr., in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502; by electronic mail at stephen.w.andrews@usace.army.mil; by facsimile transmission at 850-433-8160; or, by telephone at 850-439-0707.
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.