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: Wet N Wild Watersports
c/o Travis Glaze
119 Calhoun Avenue
Destin, FL 32459
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Choctawhatchee Bay. The project site is located at 119 Calhoun Avenue, Destin, FL 32459.
Directions to the site are as follows: Turn right on to United States (US) Highway 98 at the intersection of US Highway 98 and State Highway 293, in south Okaloosa County, Florida. Travel west approximately 5.3 miles and turn right on Calhoun Avenue. Travel 0.25 miles north northeast on Calhoun Avenue and the subject property will be at 119 Calhoun Avenue.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.408183°
Longitude -86.817917°
PROJECT PURPOSE:
Basic: Marina
Overall: Construct a commercial marina at the applicant’s property in Destin, Okaloosa County, Florida
EXISTING CONDITIONS: The subject lot consists of an existing wooden seawall and upland parking area associated with single-family residence. The county property appraiser website classifies the site as Bowling/Recreation. The mean high water line (MHWL) is located waterward of the existing seawall. The submerged aquatic vegetation in the vicinity of the project area is more than 200 feet west of the shoreline.
PROPOSED WORK: The applicant seeks authorization to remove a 4.7-foot by 81.3-foot dock and construct a new commercial marina with 28 slips. The marina would consist of a 6-foot by 139.9-foot access pier, 6-foot by 48-foot terminal access walk, ten 10.5-foot by 28 permanent mooring slips, 15 4-foot by 12-foot permanent mooring slips, and three 16-foot by 32-foot transient mooring slips waterward of the Mean High Water Line (MHWL) of Choctawhatchee Bay. Construction of the proposed dock and mooring slips would also include installation of 48 6-inch diameter pilings and eight 8-inch diameter pilings waterward of the MHWL. The total area of the proposed over-water structure would be 1172.4 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 applicant would minimize impacts to the aquatic environment by utilizing Best Management Practices (BMPs) during construction, such as turbidity curtains to confine effects of turbidity to the project area. The proposed dock and mooring areas would not be located over the submerged aquatic vegetation in the project area..
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Due to the nature of the proposed work, the applicant did not offer compensatory mitigation to offset impacts to the aquatic environment.
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 Eastern Indigo snake (Drymarchon couperi). 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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus). 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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Smalltooth sawfish (Pristis pectinata). 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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Gulf sturgeon (Acipenser oxyrinchus desotoi) or its 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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Loggerhead turtle (Caretta caretta). 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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Green turtle (Chelonia mydas). 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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the 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. The proposal would impact approximately 1,127.4 square feet of subtidal estuarine habitat Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Choctawhatchee 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 900 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 Pensacola Permits Section, 41 N. Jefferson Street, Suite 301, Pensacola, FL 32502 within 15 days from the date of this notice. Please note that a coordination letter was previously distributed for a previous iteration of this project. Due to changes in the proposed project, a public notice is required.
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, Daniel Irick, in writing at the Pensacola Permits Section, 41 N. Jefferson Street, Pensacola, FL 32502; by electronic mail at daniel.l.irick@usace.army.mil; by facsimile transmission at (850)433-8160; or, by telephone at (850)433-8860.
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.
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.