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: Okaloosa County Board of County Commissioners
c/o John Hofstad, County Administrator
1250 N. Eglin Parkway, Suite 100
Shalimar, FL 32579
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Choctawhatchee Bay immediately north of the mouth of Santa Rosa Sound. The project site is located within and adjacent to Marler Park at 1275 Santa Rosa Boulevard, Ft. Walton Beach, FL 325484.
Directions to the site are as follows: From Highway 98, turn north on Santa Rosa Boulevard just east of the Brooks Bridge in Fort Walton Beach. Turn north at the roundabout into Marler Park. The park is located approximately 0.5-mile east of the Brooks Bridge.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30.399807°
Longitude: -86.592209°
PROJECT PURPOSE:
Basic: Shoreline protection, habitat enhancement, and recreation.
Overall: The Okaloosa Baywalk Project proposes to preserve and improve Okaloosa County’s Veterans Park property through the additions of shoreline protection, habitat enhancement and increased recreational opportunities.
EXISTING CONDITIONS: The project site encompasses approximately 33.99 acres. 3.49 acres of this are open waters of Choctawhatchee Bay, approximately 9.15 acres are uplands and stormwater retention area within the existing facilities of Marler Park, and the remainder is approximately 21.35 acres of terrestrial area containing partially vegetated uplands (formerly the Okaloosa Island Golf Center), altered wetland features and manmade ponds, and recently developed land (outdoor exhibition area and roads/parking). The altered wetland systems total 2.35 acres and consist of ditches (0.07-acre), coniferous forest (0.18-acre), freshwater marsh/disturbed land (0.37-acre), wet prairie/disturbed land (0.71-acre), unvegetated shoreline/high marsh (0.44-acre) and disturbed land – uncategorized (0.61-acre). The pond covers and additional 3.47 acres. The remainder of the uplands outside of Marler Park consist of open land (6.64 acres), coastal scrub (2.60 acres), coniferous forest/cabbage palm (1.83 acres) and 4.44 acres of parking lots and other existing institutional land cover. Patches of submerged aquatic vegetation (Halodule wrightii) exist immediately waterward of the proposed in-water activities. The existing area surrounding the project area consists of commercial uses including a restaurant, a recreational vehicle campground, and a marina, as well as the Emerald Coast Convention Center.
PROPOSED WORK: The applicant seeks authorization to construct and perform the following project components:
- Living shorelines to stabilize the eroding shoreline and create, restore, and enhance natural communities including oyster habitat breakwaters and saltwater marsh. The living shorelines would cover 3.03 acres of currently unvegetated bay bottom. An additional 1.23 acres landward of the breakwaters is proposed for seagrass recruitment area. No work would occur within this 1.23-acre area.
- Upland and wetland natural community enhancements including removal of exotic vegetation, native species plantings, and construction of osprey nesting platforms. A total of 0.24-acre of freshwater wetlands and 1.34 acres of uplands would be enhanced.
- Recreational and educational features including a primary elevated timber or concrete boardwalk with educational signage/kiosks providing information about the local ecosystem. The boardwalk would be constructed primarily in uplands, however at total of 0.11-acre of wetlands over nine locations would be crossed by sections of boardwalk.
- Public access improvements including a 22-slip public access pier (0.40-acre over surface waters) to provide temporary, day-use docking, staging dock improvements at the existing boat ramp (0.02-acre over surface waters), and a kayak/paddleboard launch (0.04-acre over surface waters).
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:
A primary objective of the proposed project is restoration and enhancement of freshwater and estuarine wetland communities. The proposed living shoreline will restore/create 0.95-acre of saltwater marsh habitat. The saltwater marsh creation and breakwater sites target areas of bare sand void of seagrasses and other benthic resources. In addition, the access pier, boat ramp dock expansion, and kayak/paddleboard launch sites avoid impact to submerged resources. The proposed locations of these overwater features provide adequate water depth for visitors accessing the park by boat. As a result, this project proposes no dredging.
The layout and design of the boardwalk and observation areas within the site interior target uplands to avoid and minimize wetland impacts wherever possible. The project plans include removal of the majority of the bridge structure crossing the large pond on the east side of the site thereby reducing the impact footprint of the existing structure. For areas where the boardwalk crosses wetlands, the design incorporates pile-supported structures to avoid impacts to wetland hydrology, overland flows, and wildlife movement.
During in-water construction, the contractor will install turbidity barriers around the immediate work area and adjacent seagrass beds to ensure that turbid waters do no escape the project area. Biologists will assist the contractor in locating and marking seagrass bed edges prior to construction to ensure existing aquatic resources are protected.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Project construction (i.e., boardwalk, pier, kayak/canoe launch) will result in very small amount of impact (mostly shading) to existing wetlands (see Attachment 2, Figure 11 and Attachment 4 – UMAM Assessment). The project also proposes a substantial amount of wetland and habitat improvements (freshwater wetland enhancement, coastal upland enhancement, seagrass recruitment areas, saltmarsh creation and enhancement, oyster reef habitat, etc.) that will result in significant environmental benefit. Considering the small level of proposed impact and substantial aquatic, wetland, and habitat improvements, the applicant requests that the reviewing agencies deem the proposed impacts de minimis, thus requiring no additional 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:
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 3.03 acres of unvegetated estuarine bay bottom utilized by various life stages of shrimp, reef fish, red drum, and coastal migratory/pelagic fish, and would also indirectly impact 0.11-acre of freshwater wetlands adjacent to tidal waters through shading impacts. 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.