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).

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SAJ-2019-01241(SP-LSL)

Published June 30, 2020
Expiration date: 7/30/2020

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:  Mr. Toby Griffis
                       Steinhatchee Marina at Deadman’s Bay, LLC
                       25655 Marsh Landing Parkway
                       Ponte Vedra, Florida 32082

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Steinhatchee River. The project site is located at 104 First Avenue Southwest in Section 26, Township 9 South, Range 9 West, Steinhatchee, Taylor County, Florida.

Directions to the site are as follows: From Interstate 10 (I-10), take exit 283 onto US-129 toward Live Oak, Florida. In 3.2 miles, turn right onto 11th Street Southwest. At the roundabout, take 3rd exit onto Irvin Avenue and travel for 21 miles then continue on Fletcher Avenue. Travel for 31 miles then turn right onto First Avenue South. After 1.2 miles, take a slight right turn on First Avenue South. The site is on the left next to Roy’s Restaurant in 0.3 miles.  

APPROXIMATE CENTRAL COORDINATES:  Latitude 29.672639°
                                                                          Longitude -83.385014°

PROJECT PURPOSE:

Basic: Modify existing marina.

Overall: Modify an existing marina to support retail, rental and boat rental business at Steinhatchee Marina at Deadman’s Bay, Taylor County, Florida.

EXISTING CONDITIONS: The selected project site is located on a dredged basin on the Steinhatchee River and is currently a vacant commercial property, old dock, failing bulkhead, and open land north of First Avenue Southwest. There is a small borrow area and ditch on the north side of the road that is considered a jurisdictional surface water. The borrow area is an open water feature rimmed with rip rap and some saltmarsh vegetation (Juncus roemerianus). The existing dock is +/-275’ long and 8’ wide with a 50’ x 8’ “T” at the end. Prior to Hurricane Irma, there were five (5) 6’ x 35’ floating finger piers along the length of the dock. No submerged aquatic vegetation (SAV) is located within the project footprint.

PROPOSED WORK: The applicant seeks authorization to modify an existing docking structure to include a marina office, fuel dock, parking and stormwater management facility. The existing dock would be removed via a barge and crane. The decking would be lifted off the pilings and placed on a barge. The pilings would be pulled out of the substrate with the crane and placed on a barge. All removed materials would be offloaded and disposed of in an approved landfill. The proposed docks along the shoreline would be constructed from land. The waterward docks would be constructed from a barge. The fixed docks would be constructed out of treated wood and the floating docks would be aluminum. At the bulkhead, the applicant would add a 12’ x 200’ fixed dock, a 21.5’ x 25’ fixed pavilion with an 8’ x 27’ fixed rim dock, an 8’ x 107 floating dock with three 4’ x 21’ floating finger piers, an 8’ x 47’ floating dock with one 4’ x 21’ finger pier, and an 8’ x 12’ fixed dock & 12’ x 36 floating dock at the boat loading area. The existing main dock would be removed and replaced with a 8’ x 275’ main floating dock with three 4’ x 50’ floating finger piers, nine 4’ x 24’ floating finger piers, a 50’ x 32’ floating marina office/fuel dock, and a 8’ x 82’ floating “T” dock at the end. The wooden pilings would be 10” and would be mechanically driven. The marina office and fuel dock would be located at the end of the dock in between the two most waterward eastern finger piers. The area would be decked in between the piers and the office would be more of a small, lockable shack. The main marina office would be located on land. Fuel would be offered at the end of the dock, but the fuel storage tank would be located on land. In addition to the modification of the dock, 0.32 acre of jurisdictional waters of the United States would be impacted for the construction of a stormwater management facility to service the commercial development, i.e. marina office, store, boat storage facility and parking.

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 proposed impact would occur to a man-made borrow area connected to tidal waters via culvert under the adjacent roadway. This area has collected runoff from the adjacent roadway along with extensive trash. The applicant proposes to convert this borrow area into the project’s stormwater management facility.

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

The applicant proposes to purchase 0.16 federal compensatory mitigation bank credits from the Florida Gulf Coast Mitigation Bank.

CULTURAL RESOURCES: The Corps determined the project would have no effect on historic properties. By letter dated November 1, 2019, this project was previously coordinated with the State Historic Preservation Office (DHR Project File No.: 20194004-C) and the Tribal Historic Preservation Office (THPO # 0032017). Both agencies concurred with the Corps determination.

and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES: he Corps has determined, based on the use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (April 2013), that the proposed project may affect, but is not likely to adversely affect the West Indian manatee with the inclusion of conditions a, b, c, d, and e of the Standard Manatee Conditions for In-water Work (2011).

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Gulf sturgeon (Acipenser oxyrinchus desotoi), smalltooth sawfish (Pristis pectinata), and swimming sea turtles, specifically the loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), and Kemp’s ridley sea turtle (Lepidochelys kempii). The Corps will request U.S. Fish and Wildlife/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 have a minor adverse impact on EFH or Federally managed fisheries in the Steinhatchee River. 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 Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407 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 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, Mrs. Lisa S. Lovvorn, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at lisa.s.lovvorn@usace.army.mil; or, by telephone at (850) 285-9533.

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 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.