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 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Ozean Development, LLC
P.O. Box 7098
Destin, Florida 32504
WATERWAY AND LOCATION: The project site is located in Choctawhatchee Bay, at 1350 U.S. Highway 98 East, in Section 19, Township 2 South, Range 23 West, Fort Walton Beach, Okaloosa County, Florida.
Directions to the site are as follows: From Fort Walton Beach, travel east on U.S. Highway 98 (Miracle Strip Parkway) approximately 0.6 mile past the Fort Walton Beach fishing pier. The project is located on the north side of the highway, west of and adjacent to Gulf National Seashore Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude: 30.397506° North
Longitude: -86.583294° West
PROJECT PURPOSE:
Basic: Commercial Marina
Overall: Construct a 144-slip commercial docking facility associated with a proposed upland hotel and yacht club, in Choctawhatchee Bay, in Fort Walton Beach, Florida.
EXISTING CONDITIONS: The project site was formerly used as a commercial marina. The uplands consist of 3 parcels that total 6.52 acres. Two of the parcels had marinas (a 94-slip marina and a 27-slip marina) and the third parcel had an observation pier. All
existing marina structures have been removed. The northeastern corner of uplands was previously a 1 acre upland cut basin that has been filled (per Corps authorization number SAJ-2005-09504 issued on October 23, 2012). The shoreline has been stabilized with 677 linear feet of seawall and 591 linear feet of riprap. There are no wetlands landward of the high tide line. There is submerged aquatic vegetation near the western riparian line, but it would not be impacted by the proposed work. The existing area surrounding the project area consists of Choctawhatchee Bay to the north, the National Seashore to the east, US Highway 98 to the south, and commercial developments with docking structures to the west.
PROPOSED WORK: The applicant seeks authorization to construct a 144-slip commercial docking facility associated with a proposed yacht club and hotel located in uplands. The structure would consist of fixed concrete docks, floating concrete docks, concrete pilings, access ramps, and wood mooring pilings creating a 1,016 foot by 12 foot main access pier with a 400 foot by 12 foot L-shaped terminal access pier (extending west of the main access pier). The main access and terminal access piers would be fixed concrete docks and have wave attenuators to protect vessels from wave action. The terminal access pier (Dock “F”) would provide transient/day slip mooring areas on the north side. Dock “E” (abutting the south side of the terminal access pier) would consist of a 10.5 feet to 12.5 feet wide floating U-shaped dock with three 212.5 foot by 8.5 foot catwalks creating nine “flexible” mooring areas. Docks “E” and “F” would create 35 slips. Four smaller access piers with catwalks (Docks “A” through “D”, floating) would be constructed on the west side off of the main access pier, creating 109 slips (22 public, 87 private), ranging from 40 feet to 60 feet in length. Two fueling stations, numerous sewage pump-out facilities, two dolphin piles with navigational lights, seagrass exclusion signs, and manatee educational signs would be installed at the facility. The waterward extent of the marina would be 151 feet from the southern boundary of the Intracoastal Waterway navigation channel.
PERMIT HISTORY: The project was previously permitted on August 6, 2010 authorizing the construction of the proposed structure and included removal of two existing marinas and an observation pier prior to beginning work. The permit was modified on April 9, 2015 to extend the expiration date from April 20, 2015 to April 20, 2017. The removal of the two existing marinas and the observation pier has been accomplished, however, no construction of the authorized structure has been initiated.
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 applicant would minimize impacts to the aquatic environment by utilizing Best Management Practices (BMPs) during construction. The applicant would adhere to all required Endangered Species construction conditions during construction. Educational signage would be placed throughout the facility. No seagrass would be impacted by the proposed work.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: Due to the nature of the project, the applicant did not offer 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 U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect, but would not likely adversely affect the West Indian manatee (Trichechus manatus) as determined using the April 2013 Manatee Key, following couplets A > B > C > G > H > I > J > L > N > O > P. The Corps has also determined the proposed project may affect, but is not likely to adversely affect the Gulf sturgeon (Acipenser oxyrinchus desotoi) and its critical habitat, Green turtle (Chelonia mydas), Loggerhead turtle (Caretta caretta), Kemp’s Ridley turtle (Lepidochelys kempii), and Smalltooth sawfish (Pristis pectinata). 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 on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. The proposal would impact approximately 1.5 acre of estuarine subtidal unconsolidated bottom (due to shading) utilized by various life stages of 7 species of shark (Atlantic sharpnose, blacktip, bull, nurse, scalloped hammerhead, spinner, tiger), red drum, 4 species of shrimp (brown, white, pink, and royal red), 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 within 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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: The Florida Department of Environmental (FDEP) issued Water Quality Certification for the project on October 27, 2009 and issued an extension on June 10, 2013. FDEP permit # 46-0282112-001-DFTX expires on March 4, 2019.
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, Holly Millsap, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, FL 32502, by electronic mail at Holly.M.Millsap@usace.army.mil, or by telephone at (850) 470-9823.
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.