Public Notice Notifications

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SAJ-2008-00895(SP-TSH)

Published Feb. 2, 2017
Expiration date: 2/23/2017
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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: City of Destin
                      Carisse LeJeune
                      4200 Indian Bayou Trail
                      Destin, FL 32541

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico and associated beach. The project is located along the Gulf of Mexico beach, east of East Pass, and consists of two reaches (two distinct segments) spanning a total of 1.63 miles of beach. Reach 1 begins at R-16.6, just east of the jetty at East Pass, and extends 6,170 feet eastward to R-22.6. Reach 2 begins at R-23.2 and extends 2,450 feet eastward to R-25.5. The project is located in Destin, Okaloosa County, Florida.

Note - The State of Florida has established range monuments along the beach for the purpose of monitoring its coastline. These monuments do not necessarily correspond to physical monuments found along the beach. The monuments are associated with specific points and elevations along Florida’s coast. The locations referenced above, R-16.6, R-20.7, etcetera, are based upon these range monuments.

APPROXIMATE COORDINATES:

Reach 1                                              Western Limits                                                Eastern Limits
Latitude                                               30.381458°                                                     30.383181° North
Longitude                                           -86.507235°                                                    -86.487862° West

Reach 2                                              Western Limits                                                 Eastern Limits
Latitude                                               30.383237°                                                      30.383313° North
Longitude                                           -86.485312°                                                     -86.478074° West
The borrow area is located in the Gulf of Mexico, approximately 1.3 miles south of Okaloosa Island and 4 miles west of East Pass, near Latitude 30.375073° North, Longitude 86.566707° West, Okaloosa County, Florida.

PROJECT PURPOSE:

Basic: Beach nourishment

Overall: Nourishment of beach and beach berms along 1.63 miles of the Gulf of Mexico shore of Destin, in Okaloosa County, Florida.

EXISTING CONDITIONS: The Corps previously authorized nourishment of the project area through permit SAJ-2008-00895 (IP-SWA) issued to Okaloosa County on August 8, 2010. The permit was later transferred to the City of Destin. Due to the effects of Tropical Storm Ida, the initial Corps permit was expedited to allow restoration of 2,600 linear feet of severely eroded beach. The 2,600 linear feet of restoration was a subset of the proposed project being evaluated by the Corps at that time. The initial permit was valid through June 25, 2015. The permit was modified on May 29, 2012, to authorize the full scope of work that had been evaluated by the Corps. That permit modification also extended the expiration date of the permit until May 29, 2017. The permit, as modified, allowed a one-time nourishment of the project area. The previously authorized nourishment was completed in 2013. Although the permit has not expired, the one-time nourishment authorized by the permit was completed. The applicant has indicated that the project area has lost over 200,000 cubic yards of sand since the last nourishment. Although not critically eroded at this time, the need for beach nourishment can vary significantly depending upon the frequency, severity, and proximity of tropical storms each year. The ocean borrow site is approximately 9,000 feet by 4,000 feet, encompasses approximately 700 acres, and initially contained approximately 7,524,400 cubic yards of mineral sand that was determined to be compatible with native beach sand. Three previously authorized projects have removed a total of 1,768,300 cubic yards from the site. Approximately 5,756,100 cubic yards of sand remains available at the borrow site.

PROPOSED WORK: The applicant requests to modify permit SAJ-2008-00895 to allow for periodic maintenance (renourishment) of the project area, consisting of two distinct reaches, on an as-needed basis. The applicant also requests that the expiration date of the permit be extended 10 years. If the time extension is granted, the permit would be valid through May 29, 2027. All work would occur within the previously authorized areas and the same ocean borrow site would be utilized to provide sand for the project. Reach 1 would extend from R-16.6 (immediately east of the eastern jetty) to R-22.6 and span approximately 6,170 linear feet. Reach 2 would extend from R-23.2 eastward to R-25.5 and span approximately 2,450 linear feet. The total length of both spans would be approximately 1.63 miles.

Material would be acquired from the ocean borrow site utilizing a hopper dredge with pump-out facilities. The hopper dredge would transport material to the seaward end of a submerged pipe approximately ½ mile offshore and pump the material to the project site. The discharge pipe, along the beach, would be repositioned throughout construction, as necessary. Heavy machinery, such as bulldozers, would be used to shape the material to the beach design template. The project design is intended to maintain pre-Hurricane Opal beach widths and would include a 30-foot wide dune crest at +14-feet NAVD, with a transitional slope of 4H:1V from the dune crest to the back berm; a 30-foot wide back berm at +8.5-feet NAVD, within a transitional slope of 10H:1V from the back berm to the berm; and a variable width berm at +5.5-feet NAVD, with a transitional slope of 10H:1V from the seaward edge of the berm out to the existing seafloor. The Corps notes that this is exactly the same beach design template as described in the Corps’ permit modification letter dated May 29, 2012.

Beach nourishment is not currently scheduled for this project so there is not a current estimate of the volume of sand that would be used. The City is seeking authorization at this time in order to maintain flexibility in managing the beach. The City’s authorized agent has indicated that “the next anticipated nourishment event would depend on numerous factors including recent storm activity, berm and dune widths, upland and offshore volume losses, available funding, and scheduling of other regional restoration projects”.

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 beach fill design would not exceed the shoreline that existed prior to Hurricane Opal in 1995. Additionally, the applicant states that there are no seagrasses or other important benthic communities within the re-nourishment areas or borrow site.

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

The applicant states that there are no seagrasses or other important benthic communities within the re-nourishment areas or borrow site, therefore, compensatory mitigation is not warranted.

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 U.S. Army Corps of Engineers (Corps) has made the following determinations regarding threatened and/or endangered species known to occur within the vicinity of the proposed project and their designated critical habitat (DCH):

West Indian manatee (Trichechus manatus): The Corps has determined that the proposed project may affect, but is not likely to adversely affect the endangered West Indian manatee. The Corps will initiate consultation with the U.S. Fish & Wildlife Service, pursuant to Section 7 of the Endangered Species Act, regarding potential effects the proposed project may have on the manatee.

Gulf sturgeon (Acipenser oxyrinchus desotoi): The Corps has determined that the proposed project may affect, but is not likely to adversely affect the threatened Gulf sturgeon. The effects of the proposed project on Gulf sturgeon are considered by the National Marine Fisheries Service (NMFS) Biological Opinion for Dredging of Gulf of Mexico Navigation Channels and Sand Mining (“Borrow”) Areas Using Hopper Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts (Consultation Number F/SER/2000/01287), referred to as the Gulf of Mexico Regional Biological Opinion (GRBO). The effects of the proposed work have been considered by the GRBO and no further consultation is necessary for Gulf sturgeon.

Gulf sturgeon Designated Critical Habitat (DCH): The Corps has determined that the proposed project may affect, but is not likely to adversely affect, Gulf sturgeon designated critical habitat Unit 11 (Nearshore Gulf of Mexico). The discharge of dredged material into Gulf sturgeon designated critical habitat is not considered by the GRBO. The Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act, regarding potential effects the proposed project may have on Gulf sturgeon DCH Unit 11.

Piping plover (Charadrius melodius): The Corps has determined that the proposed project may affect, but is not likely to adversely affect the threatened Piping plover. The Corps will initiate consultation with the U.S. Fish and Wildlife Service, pursuant to Section 7 of the Endangered Species Act, regarding potential effects the proposed project may have on piping plover.

Rufa red knot (Calidris canutus rufa): The Corps has determined that the proposed project may affect, but is not likely to adversely affect the threatened rufa subspecies of the red knot. The Corps will initiate consultation with the U.S. Fish and Wildlife Service, pursuant to Section 7 of the Endangered Species Act, regarding potential effects the proposed project may have on rufa red knot.

Sea turtles (nesting): The Corps has determined that the project may affect, and is likely to adversely affect the following federally listed sea turtles that could potentially utilize the project area for nesting: the threatened Loggerhead turtle (Caretta caretta), endangered Green turtle (Chelonia mydas), endangered Leatherback turtle (Dermochelys coriacea), and endangered Kemp’s Ridley Sea turtle (Lepidochelys kempii). Sea turtle nesting activity and nests (i.e., on the beach) are within the purview of the U.S. Fish and Wildlife Service. The effects of the proposed project on nesting sea turtles are considered by the U.S. Fish and Wildlife Service Statewide Programmatic Biological Opinion (SPBO), dated August 22, 2011, for the Corps of Engineers, for shore protection activities along the coast of Florida. The City of Destin would implement the Terms and Conditions of the SPBO. The potential effects on nesting sea turtles have been considered by the SPBO and no further consultation is necessary for nesting sea turtles.

Sea turtles (open water): The Corps has determined that the project may affect, and is likely to adversely affect the following federally listed sea turtles in the marine environment: the threatened Loggerhead sea turtle (Caretta caretta), endangered Green sea turtle (Chelonia mydas), endangered Kemp’s Ridley sea turtle (Lepidochelys kempii), and endangered Hawksbill sea turtle (Eretmochelys imbricata). Sea turtles in marine and estuarine waters are within the purview of the National Marine Fisheries Service. The effects of the proposed in-water work on sea turtles are considered by the National Marine Fisheries Service (NMFS) Biological Opinion for Dredging of Gulf of Mexico Navigation Channels and Sand Mining (“Borrow”) Areas Using Hopper Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts (Consultation Number F/SER/2000/01287), referred to as the Gulf of Mexico Regional Biological Opinion (GRBO). The City of Destin would implement the Terms and Conditions of the GRBO. The potential effects on sea turtles have been considered by the GRBO and no further consultation is necessary for sea turtles in open waters.

Smalltooth sawfish (Pristis pectinata): The Corps has determined that the proposed project may affect, but is not likely to adversely affect the endangered smalltooth sawfish. The effects of the proposed project on smalltooth sawfish are considered by the National Marine Fisheries Service (NMFS) Biological Opinion for Dredging of Gulf of Mexico Navigation Channels and Sand Mining (“Borrow”) Areas Using Hopper Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts (Consultation Number F/SER/2000/01287), referred to as the Gulf of Mexico Regional Biological Opinion (GRBO). The effects of the proposed work on smalltooth sawfish have been considered by the GRBO and no further consultation is necessary for this species.

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 marine subtidal and intertidal habitat utilized by various life stages of 12 shark species (scalloped hammerhead, bonnethead, finetooth, tiger, nurse, blacktip, bull, spinner, Atlantic sharpnose, blacknose, sandbar, great hammerhead), four shrimp species (brown, white, pink, Royal red), coastal migratory pelagic species, and 43 species of reef 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 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, Shayne Hayes, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida, 32502; by electronic mail at terry.s.hayes@usace.army.mil; by facsimile transmission at (850)433-8160; or, by telephone at (850)433-8859.

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.