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: Drake Martin
134 Grayton Trails
Santa Rosa Beach, Florida 32459
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Choctawhatchee Bay. The project site is located across four (4) lots: Tax Parcel ID: 14-2S-20-33150-000-0331, 14-2S-20-33150-000-0330, 11-2S-20-33000-001-0010, 11-2S-20-33000-001-0000, on N County Hwy 393, in Section 11, Township 02 South, Range 20 West, Santa Rosa Beach, Walton County, Florida.
Directions to the site are as follows: From Destin, travel east on US-98. Turn left onto N County Hwy 393. Follow 393 to the end where it terminates. The project site is located on the right at 3086 N County Hwy 393.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.41822°
Longitude -86.225105°
PROJECT PURPOSE:
Basic: shoreline stabilization.
Overall: to stabilize the shoreline of the applicant’s property in Choctawhatchee Bay, in Walton County, Florida.
EXISTING CONDITIONS: The site is located across four (4) waterfront lots adjacent to Choctawhatchee Bay. Photographs provided by the consultant show remnants of a riprap revetment along the portion of the project site. The site exhibits evidence of erosion and large trees that have fallen. Remaining pine trees located near the shoreline have exposed roots and are at risk of uprooting.
PROPOSED WORK: The applicant seeks authorization to construct a new seawall to stabilize the shoreline across four (4) lots owned by the applicant. The seawall would be installed at the Mean High Water Line (MHWL) along 1400-linear feet of shoreline. Riprap would be installed along (1400-linear feet) the face of the proposed seawall and extend a maximum of 6-feet from the toe of the seawall into the waterway. Construction of the project would be completed within 6 months.
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 seawall is proposed to be constructed at the Mean High Water Line to reduce the fill impact footprint. The contractor would install and maintain turbidity curtains surrounding the active construction areas and monitor turbidity throughout all construction operations. The applicant has elected to follow the Sea Turtle and Smalltooth Sawfish Construction Conditions and the Standard Manatee Conditions for In-Water Work.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed project does not include any impacts to submerged aquatic resources, wetland areas, or any other areas of concern; therefore, the project should not require 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: Since the proposal by the application is for in-water construction, potential impacts to the endangered West Indian Manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Key), 2013. Based on used of the Manatee Key, the Corps has determined that the proposed project may affect, but is not likely to adversely affect the West Indian Manatee.
The Corps has also determined the proposed project may affect, but is not likely to adversely affect the Gulf Sturgeon (Acipenser oxyrinchus desotoi) and swimming sea turtles, specifically the loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), leatherback sea turtle (Dermochelys coriacea), Kemp’s ridley sea turtle (Lepidochelys kempii), and hawksbill sea turtle (Eretmochelys imbricata). The Corps will request 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Choctawhatchee Bay. 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; 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.