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: The City of Valparaiso
Nathan Kelley
465 Valparaiso Pkwy
Valparaiso, Florida 32580
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Boggy Bayou. The project site is located at the Vaparaiso Public Fishing Pier on N Bayshore Drive, Tax Parcel ID: 12-1S-23-253A-0001-PARK, Section 12, Township 01 South, Range 23 West, in The City of Valparaiso, Okaloosa County, Florida.
Directions to the site are as follows: From Pensacola, head north on I-110. Head east on I-10. Take exit 56 for FL-85 S/S Ferdon Blvd in Crestview. Head south on FL-85 and take a right onto SR-20/ W John Sims Pkwy. Take a left onto N Bayshore Drive. The project site is located on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.50174
Longitude -86.48935
PROJECT PURPOSE:
Basic: The basic project purpose is shoreline protection and aquatic habitat enhancement.
Overall: The overall project purpose is to construct a living shoreline to enhance the aquatic habitat of Boggy Bayou in Okaloosa County, Florida.
EXISTING CONDITIONS: The project site is located on Boggy Bayou. The parcel consists of a public parking facility and a public fishing pier. There is an existing riprap running along the shoreline. There appear to be no sea grasses or marsh present within the project boundaries.
PROPOSED WORK: The applicant seeks authorization to construct a living shoreline project. The living shoreline consists of 27 near shore oyster breakwaters spanning 1045’. Each breakwater measures 20’ x 5’, and will be placed 10’ – 18’ waterward of the MHWL. The project also includes shoreline planting of Spartina alterniflora along the shoreline.
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 breakwaters are proposed in an area that does not impact existing marsh vegetation on site. The breakwaters will be placed waterward of the existing riprap revetment and the proposed planting will promote new growth and sediment accumulation. The installation of the breakwaters and shoreline planting will be accomplished by hand. Space of 3’ will be maintained between each breakwater section to allow passage of a species through the area and eliminate the potential for entrapment.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No impacts to submerged aquatic vegetation are proposed or anticipated therefore no compensatory mitigation shall be required.
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 Gulf Sturgeon or its designated critical habitat. The Corps requested National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by letter dated January 13, 2017. On April 4, 2017, National Marine Fisheries Service provided the Corps with a letter of concurrence with this determination.
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 Boggy 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 Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502 within 15 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; by facsimile transmission at (850)433-8160; 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.