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: Mike and Lesley Murrah
112 Mill Walk Court
Madison, Alabama 35758
WATERWAY AND LOCATION: The project would affect waters of the United States associated with construction of a single-family residence, shoreline stabilization and a single family pier. The project site is located at Good Times Drive in Dekle Beach, Taylor County, Florida.
Directions to the site are as follows: From Panama City, take US 231 north to SR 20. Turn right to head east on SR 20 into Leon County. Turn right onto SR 267 South and follow for 30 miles. Turn left onto US 98 East. Continue on US 98 for 43 miles. Turn right on Beach Road and follow for 15 miles. Turn right onto Front Street. The property is on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.849674°
Basic: Residential development.
Overall: To construct a residential structure, covered parking for a boat and RV, parking pad and single-family residential dock structure on an existing property in Dekle Beach.
EXISTING CONDITIONS: The wetland system consists of an estuarine tidal system. The onsite vegetation consists of Spartina alternaflora and Juncus roemerianus. The project property was severely eroded in the No Name Storm in 1993. It is one of fourteen properties that were granted Quit Claim Deeds by the State of Florida in 1995, allowing them to reclaim land in order to meet setback and septic requirements for the properties. In December 2018, a Corps authorization was issued to the previous property owner for fill impacts to 0.08 acre of jurisdictional waters in order to meet septic system setback requirements and to install shoreline stabilization (riprap). The permitted impacts have been completed. The existing area surrounding the project area consists of single-family residences and vacation homes.
PROPOSED WORK: The applicant seeks authorization to impact jurisdictional areas associated with placement of fill and riprap material in 0.126 acre (5,488 square feet) of surface waters, and 0.0017 acre (74 square feet) of emergent vegetation for the construction of one single family residence and construction of one pier structure with one wet slip.
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 amount of fill is needed to meet County. The County has setback requirements from the edge of the property line, and right-of-way, or easement whichever is greater. The front setback for a dwelling unit is 30 feet from the front of the property, 10 feet from each side, and 15 feet from the rear. Given these setbacks the additional fill on the lot is needed. The applicant has also proposed a 20 foot by 40 foot covered carport for his boat, and 25 foot by 40 foot concrete pad for RV storage. Give the size of these vehicles the additional fill is needed to maneuver and safely drive them.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
In order to mitigate for the functional loss of the impacted 73 square feet of emergent vegetation, the applicant shall plant 150 square feet of emergent vegetation waterward of the riprap. The proposed mitigation will be adjacent to, and contiguous with existing vegetation at the project location.
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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Gulf sturgeon, smalltooth sawfish, green sea turtle, loggerhead sea turtle, Kemp’s ridley sea turtle, and hawksbill sea turtle, West Indian manatee or their designated critical habitat. 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. The proposal would impact approximately 0.126 acres of shallow estuarine habitat, including a 73 square foot area of emergent marsh vegetation utilized by various life stages of coastal pelagic finfish and shrimp. Our initial determination is that the proposed action would adversely affect 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is more than 1,000 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/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, 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, Tracey L. Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411, Panama City Beach, Florida 32407; by electronic mail at email@example.com; or, by telephone at (850)763-0717 ex 4.
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.