US Army Corps of Engineers
Jacksonville District

Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

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SAJ-2019-03226 (SP-SWA)

Published Sept. 27, 2019
Expiration date: 10/17/2019

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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT:  Wayne Lung
                       Heron’s Nest, LLC.
                       600 4th Street
                       Destin, Florida 32541

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Choctawhatchee Bay. The project site is located approximately 1.25 nautical miles north of East Pass at 105 and 109 Calhoun Avenue, Destin, Okaloosa County Florida.

Directions to the site are as follows: From Destin, travel north on Calhoun Avenue from U.S. Highway 98 for approximately 0.20 mile. The project site is on the west side of the road along the shoreline of Choctawhatchee Bay.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.398842°
                                                                          Longitude -86.513781°

PROJECT PURPOSE:

Basic: Marina.

Overall: Construct a multi-slip marina on Choctawhatchee Bay in south Okaloosa County.

EXISTING CONDITIONS: The project area is located within Choctawhatchee Bay, approximately 1.25 nautical miles north of East Pass and 425 feet east of the federally maintained channel along the western shoreline of Destin. The project area is associated with two adjacent upland parcels (105 and 109 Calhoun Avenue). The parcel located at 109 Calhoun Avenue contains an existing 945 square-foot dock consisting of a 117-foot by 5-foot access pier, a 26-foot by 10-foot platform and a 25-foot by 4-foot catwalk. The parcel located at 105 Calhoun Avenue contains an existing 664 square-foot dock consisting of an 86-foot by 5-foot access pier and a 26-foot by 9-foot platform. Water depths within the project area range from -1 to -10 feet at mean high water. The substrate within the project area consists of unconsolidated sand bottom and patches of submerged aquatic vegetation (SAV). An SAV survey conducted by the applicant on September 13, 2018 identified thirteen patches of SAV beds, ranging in size from 20 to 1,737 square feet, consisting exclusively of (Halodule wrightii). The surrounding area consists of both residential and commercial development in addition to single-family and commercial docking structures along the shoreline.

PROPOSED WORK: The applicant seeks authorization to construct a 32-slip commercial and public marina. The marina would consist of the following structures: one 383-foot by 8-foot main access pier; one 171-foot by 9-foot terminal platform; six 30-foot by 4-foot finger piers; four 25-foot by 3-foot finger piers and four 21-foot by 3-foot finger piers, for a total of 5,869 square feet. An 86-foot by 8-foot section of the access pier would be constructed of grated decking elevated five (5) feet above mean high water line (MHWL) and would cross over 106 square feet of SAV.

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 has minimized impacts to SAV’s by locating the proposed mooring slips over sandy bottom. The portion of the access pier that crosses SAV’s would be constructed of grated decking and elevated five (5) feet above the MHWL to reduce shading.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

No compensatory mitigation is 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, Gulf Sturgeon (Acipenser oxyrinchus desotoi), smalltooth sawfish (Pristis pectinata), West Indian manatee (Trichechus manatus) and the following species of swimming sea turtles: green turtle (Chelonia mydas), hawksbill (Eretmochelys imbricate), Kemp’s ridley turtle (Lepidochelys kempii), leatherback turtle (Dermochelys coriacea) and loggerhead turtle (Caretta caretta). The Corps will request U.S. Fish and Wildlife and 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. The proposal would impact 5,763 square feet of unvegetated bottom and 106 square feet of submerged aquatic vegetation (SAV) in Choctawhatchee Bay which is contiguous with the Gulf of Mexico and may be utilized by various life stages of species within the following Fisheries Managements Plans (Shrimp, Reef Fish, Stone Crab and Coastal Migratory Pelagics). 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 Permit 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, Steve Andrews Jr., in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502, by electronic mail at stephen.w.andrews@usace.army.mil, by fax at (850) 433-8160, or by telephone at (850) 439-0707.

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.