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: Port St. Joe Marina, LLC
Attention: Daniel Fussell
133 Watersound Parkway
Watersound, Florida 32461
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a man-made basin that connects directly to St. Joseph Bay and the Gulf of Mexico. The project site is located at 340 Marina Drive, Port St. Joe, FL 32456.
Directions to the site are as follows: I-10 to exit 174 (State RD 12). Take SR 12 to Bristol, then head west on State Rd. 20 to Blountstown. Make a left onto State 71 (south) to Port St. Joe then make a right (west) onto Monument Ave. Make a left onto Marina Drive and subject property is down on left located at 340 Marina Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.815022°
Longitude -85.310063°
PROJECT PURPOSE: The applicant is proposing to restore a public marina site damaged in Hurricane Michael and update the facility to meet public access needs in the Port St. Joe area.
Basic: Marina Rebuild
Overall: To rebuild an existing public marina damaged during Hurricane Michael with fixed and floating docking facilities to accommodate 88 wet slips and fueling.
EXISTING CONDITIONS: The marina basin is a tidal saltwater system that was previously excavated from high ground. The basin previously supported 120 wet slips and dry stack storage for an additional 100 vessels. The marina was destroyed during Hurricane Michael and all damaged structures have been removed and disposed of in a high ground disposal facility. Water depths within the basin range from -5.5 feet to -8.5 feet below Mean Low Water (MLW) based on a 2019 survey. Sediments within the basin are sandy, with additional silt accumulating in the interior portions of the basin. The shoreline of the basin is protected by a vertical seawall and there is an existing rock jetty on the southeast side of the entrance channel. The existing properties surrounding the project site consists of commercial and residential developments which were all heavily damaged during Hurricane Michael.
PROPOSED WORK: The applicant seeks to rebuild the damaged marina with new fixed and floating docks to serve vessels from 25 feet to 60 feet in length. The project is proposing 48 permanent wet-slips and 40 transient slips in a fixed and floating dock marina consisting of approximately 30,358 square feet (0.70 acres) of over-water fixed structure, a floating fuel dock and floating staging docks for the forklift launch with approximately 900 square feet (0.02 acres) of floating dock for a total of 31,258 square feet (0.72 acres) of dock. Associated activities will include the installation of 4,062 cubic yards (0.34 acres/14,874 sf) of riprap along the existing seawall shoreline and top dress the existing jetty with larger rock all due to damage from Hurricane Michael. The entire project area (1.06 acres) is located over privately owned bottom lands.
Over water structure will total 39,428 square feet and below water structure will total 6,705 square feet.
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 project will occur over privately owned bottom lands and will remove dilapidated, damaged structures in the marina basin. Wood pilings will be PVC wrapped to 1-foot above water and 1-foot below substrate and concrete piles will be installed to prevent leaching. The total in-water slip count has been minimized to 88 slips between permanent and transient slips. Rip rap will provide surface area for flora and filter feeders, as well as habitat for juvenile fish species.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed project is located within a man-made basin which was used as a marina prior to damage from Hurricane Michael. As proposed, there are no impacts to any natural resources and an overall decrease of in-water slips.
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 the West Indian manatee or its designated critical habitat. The Corps will follow the programmatic consultation process for this species. If additional coordination is necessary, the Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. Additionally, the Corps has determined that the project may affect but is not likely to adversely affect the green sea turtle, loggerhead sea turtle, leatherback sea turtle, hawksbill sea turtle, Kemp’s ridley sea turtle, gulf sturgeon and short nose sawfish. 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 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 0.9 acres of shallow estuarine waters utilized by various life stages of coastal finfish and shellfish species. Our initial determination is that the proposed action would not have a substantial 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is approximately 400-feet away from the near bottom edge of the Intracoastal Waterway Federal channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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 Blvd, Suite 411, Panama City Beach, FL 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, Tracey Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411 Panama City, FL 32407; by electronic mail at Tracey.L.Wheeler@usace.army.mil; or, by telephone at (850)287-0138.
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.