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) as described below:
APPLICANT: Walton County
c/o Chance Powell, County Engineer
117 Montgomery Circle
Defuniak Springs, FL 32435
WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed wetlands contiguous with Choctawhatchee Bay. The project site is located within the CR 395N right-of-way within Section 35, Township 2 South, Range 19 West and Section 2, Township 3 South, Range 19 West extending from Highway 98 north approximately 1.4 miles to Eden State Park/Tucker Bayou.
Directions to the site are as follows: From Pensacola, travel east on U.S Highway 98 approximately 69 miles on U.S. Highway 98 to CR 395N in Santa Rosa Beach. Turn north (left) on CR 395N. The project site is located within the right-of-way of CR 395N.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.365664°
Longitude --86.119683°
PROJECT PURPOSE:
Basic: Improved transportation, recreation, and safety.
Overall: To improve existing transportation issues in South Walton County and provide enhanced recreational opportunities through improving the existing CR 395N roadway with increased shoulders for the purposes of safety within the existing right-of-way easement.
EXISTING CONDITIONS: The wetland systems consists of a natural freshwater system and manmade ditches. The onsite vegetation consists of sweetbay, red maple, slash pine, wax myrtle, black titi, turf grasses and common ruderal roadside species. Pond cypress is found in one depressional area. According to the USGS Quad Map CR 395N is located on a ridge between two tributaries that drain north into Tucker Bayou. The Eden State Park and the town of Point Washington are both located at the north end of the road on the south side of Tucker Bayou. The project site lies in a broad, nearly level landscape and slopes from 20’ in elevation at the southern end of the project at its intersection with Highway 98, to 5’ in elevation at the terminus of the project near Tucker Bayou.
Three soil types are found within the proposed alignment: Rutlege, Leon and Hurricane sands. The southern third of the project has Rutlege soils with a small island of Leon sand in the center of this mapped soil unit. The primarily hydric soils within the right of way have been historically disturbed as a result of the original construction of CR 395N. The disturbance includes clearing, grubbing, filling for the road and excavation for drainage conveyances. Additionally, utility disturbances have occurred within the right-of-way including water mains, force mains and overhead utility lines.
The northern two thirds of the alignment are within an area mapped as Hurricane sand which is indicative of uplands conditions. The jurisdictional features found in this portion of the project corridor are primarily man-made ditches connecting wetlands with surface waters.
PROPOSED WORK: The applicant seeks authorization to impact a total of 2.71 acres of jurisdictional area in order to resurface and widen the existing pavement widths by approximately 2’ and add 2% shoulder slopes to meet minimal safety standards. Additionally, the applicant proposes to add a 10’ wide separated multi-use path. The proposed project will require permanent fill impacts to 0.8-acres of wetland features. In addition, the project will require the relocation of 1.91-acres of jurisdictional ditches.
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 project is a combination of initiatives to improve existing transportation issues in South Walton County and provide enhanced recreational opportunities. Improving the existing road with increased shoulders for the purposes of safety within the existing right-of-way easement provides the only alternative to meet the transportation goal of the project. The multi-use path portion of the project provides safe recreational opportunities such as, biking, walking, and jogging between points of interest in the South Walton Beaches area. The proposed impacts are a result of combining both objectives within the existing right-of-way while designing to meet higher safety standards. The least environmentally damaging practical alternative is to locate the proposed project within the existing right-of-way containing other waters and previously disturbed and managed wet ditches. Erosion control measures including staked hay bales and silt fencing will be installed and maintained around the project to prevent run-off and will remain in place until construction is completed and all erodible materials have stabilized.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The purchase of 0.44 palustrine credits at the Nokuse Mitigation Bank or the Devil’s Swamp Mitigation Bank.
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 proposal may affect, but is not likely to adversely affect the eastern indigo snake. If required, the Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter. The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 2.71 acres of ditches and other wetlands adjacent to tidal waters utilized by various life stages of shrimp, reef fish, red drum, and coastal migratory/pelagic fish. 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, 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, 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.