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: Santa Rosa County
c/o Tony Gomillion,
Santa Rosa County Administrator
6495 Caroline Street
Milton, FL 32570
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Santa Rosa Sound. The project site is located along the north shore of Santa Rosa Sound adjacent to the three canal entrances for the Santa Rosa Shores subdivision in Gulf Breeze, Santa Rosa County, Florida.
Directions to the site are as follows: From downtown Pensacola, travel east on Highway 98 approximately 12 miles, turn south on Country Club Road, then turn right on Santa Rosa Drive, then left on Bayview Lane, then left on Hillside Avenue. The next five streets to the south (Park Lane, Harbor Lane, Sunset Lane, Seabreeze Lane, Laguna Lane) all front on canals of the Santa Rosa Shores subdivision.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30° 22’ 24.58 º
Longitude: -87° 04’ 44.96 º
PROJECT PURPOSE:
Basic: navigation
Overall: To increase navigability for larger recreational vessels used by lot owners of, and visitors to the Santa Rosa Shores subdivision.
EXISTING CONDITIONS: The system consists of an estuarine seagrass meadow. The onsite vegetation is dominated by turtle grass (Thalassia testudinum). Areas dominated by shoal grass (Halodule wrightii) also occur here, primarily closer to the shoreline; Halodule is also a component in many of the Thalassia-dominated areas. Small amounts of manatee grass (Syringodium filiforme), and star grass (Halophila engelmannii) have also been previously reported in the vicinity. Dense seagrass meadow surrounds the project area and extends for several miles to both the east and west, with depths generally consistent with those at the project site. Many residential docks exist within these grassbeds, with only scattered prop scarring across most of these areas. Occasional unvegetated or sparsely vegetated patches of sandy bottom also occur throughout the area. Some of these patches are slightly concave, and seasonally accumulate drift algae. A review of aerial photography shows recently expanded coverage of seagrass in nearshore areas within the project area. The exceptions to this are within the continually prop-scarred areas occurring within the marked paths from the canal entrances out to the limits of seagrass at approximately 6 to 7 foot depths at Mean Low Water. Some concentrated scarring is also evident nearby to the west at the Oriole Beach boat ramp and the canal between Bay Street and Magnolia Lane.
PROPOSED WORK: The applicant seeks authorization to dredge 2.01 acres of seagrass habitat to create three channels. The channels would connect to the existing canals of the Santa Rosa Shores subdivision and each would be 30 feet wide (top width), and 5 feet deep at Mean Lower Low Water. Approximately 6,972 cubic yards of material would be dredged mechanically by an excavator on a shallow-draft barge and deposited in two dewatering basins located within waterfront lots in the subdivision. The basins would be surrounded by earthern berms, and return water would be filtered before draining back to waters of the United States. The applicant would also install private aids to navigation and seagrass/shallow water signage on 150-foot intervals on either side of each constructed channel. Eighteen markers would be installed along the western channel, and sixteen each along the central and eastern channels.
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 impacts have been minimized to the maximum extent practical. Only 30’ wide channels are proposed. This is the minimal width necessary for safe ingress/egress into the permitted waterfront subdivision. Additionally, this configuration focuses impacts within already impacted/degraded submerged aquatic vegetation habitats.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Applicant’s statement: Impacts will be mitigated through the implementation of an approved seagrass mitigation plan which relies on restoration and enhancement of degraded habitats within the Project vicinity.
The compensatory mitigation plan is attached to this public notice, and its three primary components are summarized below:
1) Creation of 3.27 acres of seagrass beds in the nearshore, mostly-unvegetated area of Santa Rosa Sound between the proposed channels. This would occur through transplanting 25 x 25 cm sods of Halodule wrightii and 6-inch cores of Thalassia testudinum from the proposed channels to the seagrass creation area. The Halodule wrightii sods would be placed at ~1-meter intersections, with one Thalassia testudinum core for each ten Halodule wrightii sods. An estimated 0.206-acre of seagrass in total would be transplanted. The applicant proposes this transplanted seagrass will expand to exhibit at least 49% coverage over the 3.27 acres within 3 to 5 years. A temporary exclusion system (concrete wire reinforcing mesh or its equivalent) loosely stabilized on the seafloor would be used to prevent stingrays from disturbing the sediment, and to allow the transplanted seagrass to root, stabilize and begin spreading. The exclusion system would be removed after plantings have begun to coalesce.
2) Restoration of 1.23 acres of seagrass beds immediately adjacent to the proposed channels. This would occur through reduction of prop-scarring impacts, and transplanting an unquantified amount of seagrass from the proposed channels into prop scars and unvegetated areas within 14.5-foot-wide areas on each side of the three proposed dredged channels. The applicant proposes these areas will exhibit at least 49% coverage within 3 to 5 years.
3) In addition, protection of adjacent seagrass resources through channel marking and an education and awareness program developed and proctored by the applicant is also proposed.
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). The project does not occur within West Indian manatee critical habitat, but is within the present range of the species (Reach 78). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act. The Corps has determined the proposal may affect, but is not likely to adversely affect the Gulf sturgeon (Acipenser oxyrinchus desotoi) or its designated critical habitat, and may affect, but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata), and three species of swimming sea turtles, specifically the Loggerhead (Caretta caretta), Green (Chelonia mydas), and Kemp's Ridley sea turtles (Lepidochelys kempii). The Corps also considered the endangered Leatherback turtle (Dermochelys coriacea) and the endangered Hawksbill turtle (Eretmochelys imbricata imbricata). Leatherback turtles are considered a deepwater, pelagic species and hawksbill turtles are associated with coral reefs. Due to the foraging and sheltering requirements of these two species, the Corps does not believe that leatherback or hawksbill turtles would be present in the action area and has determined that the project would have no effect on them. The Corps will request initiation of informal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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 2.01 acres of seagrass habitat utilized by various life stages of red drum, shrimp, coastal migratory pelagics such as cobia and Spanish mackerel, multiple shark species, and 43 species of reef fish including red snapper and Nassau grouper. Potential additional impacts to EFH from secondary impacts of dredging, and additional removal of seagrass from donor sites for transplanting have not been quantified. Our initial determination is that the proposed action would have a substantial adverse impact on EFH and 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 current extent of seagrass coverage and density 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, Florida, 32502 within 30 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 special aquatic sites. 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, Florida, 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.
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.