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: Florida Department of Environmental Protection
Ms. Kim Wren
108 Island Drive
East Point, Florida 32328
WATERWAY AND LOCATION: The project would affect waters of the United States associated with St. Joseph Bay. The project site is located at Cape San Blas Road, Parcel Number 06281-000R, in Section 20, Township 9 South, Range 11 West, Port St. Joe, Gulf County, Florida.
Directions to the site are as follows: Head south from Tallahassee on 319 for approximately 46.7 miles, then continue on HWY 98 for approximately 40.3 miles. Continue on to Florida 30A for approximately 12.6 miles. Turn left onto Florida 30E (Cape San Blas Road) for approximately 4.1 miles.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.687001°
Longitude -85.361965°
PROJECT PURPOSE:
Basic: Water access.
Overall: Replace public water access to St. Joseph Bay on Cape San Blas, Gulf County, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The onsite vegetation consists of saltmarsh cordgrass, marsh hay, needlerush, salt grass, false willow, turtle grass, and shoal grass. A seagrass survey was performed and submerged aquatic vegetation (SAVs) included Cuban shoal grass and turtle grass. The existing area surrounding the project area consists covered pavilion with open walls and picnic tables that is on a concrete foundation, coastal scrub and shorelines/salt marsh. There are no existing structures to the north or south of the project location.
PROPOSED WORK: The applicant seeks authorization to replace a dock that was damaged by Hurricane Michael and subsequently removed for safety concerns. The proposed dock would follow a similar, but updated, footprint to the previous dock that was removed. The dock would consists of a 6’ by 298’ walkway that extends over wetlands and submerged lands out to an uncovered terminal platform. The shape of the terminal platform tapers away from where it adjoins to the 6’ walkway and extends to an overall length of 48’ by 48’. The portion of the walkway that is over surface waters would be constructed 5’ above mean high water line (MHWL). The walkway then slopes down towards the terminal platform which would be constructed 1.5’ above MHWL. There would be approximately 132 10” wood pilings, installed on 8’ centers. The project area would total 3,282 square feet within wetlands/open water. The dock has been designed to allow for temporary terminal mooring due to the depth of water and lack of seagrasses present at the terminus. To protect seagrasses and present habitat, the proposed dock would be constructed using grated decking to allow light to filter through. The proposed dock would also include educational signage and fishing filament recycling receptacles.
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, 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 reviewed the potential impacts to 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) using the project design criteria (PDCs) outlined in the Jacksonville District’s Programmatic Biological Opinion (JAXBO) signed by the National Marine Fisheries Service in November 2017. The project complies with all project PDCs and activity specific PDCs for piling supported structures in the JAXBO. As such, the Corps determined the proposed project may affect, but is not likely to adversely affect these species. The Corps will provide the JAXBO summary checklist and Activity 2 checklist to National Marine Fisheries Service via email. The applicant would abide by the Sea Turtle and Smalltooth Sawfish Construction Conditions.
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 St. Joseph 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 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 32405; 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.