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: Apalachicola National Estuarine Research Reserve
Attn: Kim Wren
108 Island Drive
Eastpoint, FL 32328
Kim.wren@floridadep.gov
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Apalachicola Bay. The project is located in the Apalachicola Bay and described more specifically as St. George Sound, in Franklin County, Florida.
Directions to the site are as follows: From Panama City, Take HWY-98 east, across the Apalachicola Bay Bridge to Eastpoint. The project area begins just east of the Eastpoint Breakwater and continues approximately 12 miles to the east (along HWY-98), ending just west of the county park at Carrabelle Beach. For more details, please see project narrative with attachments.
APPROXIMATE CENTRAL COORDINATES: All four corner coordinates of site (lat/long in degree decimal format):
Northwest Corner:
Lat. 29.744062°, Long. -84.866428°
Northeast Corner:
Lat. 29.82906°, Long. -84.695749°
Southwest Corner:
Lat. 29.731507°, Long. -84.860173°
Southeast Corner:
Lat. 29.816576°, Long. -84.689527°
PROJECT PURPOSE:
Basic: Shoreline stabilization and restoration.
Overall: The overall project purpose is to protect existing and newly created shoreline habitats from chronic erosion by increasing intertidal marsh habitat and nearshore reef habitat for various marine species, including oysters, in the Apalachicola Bay and described more specifically as St. George Sound, in Franklin County, Florida.
EXISTING CONDITIONS: The wetland system consists of a tidal marsh system. The onsite vegetation consists of shoal grass (Halodule wrightii)) and manatee grass (Syringodium filiforme). The existing area along the project shoreline consists of U.S. Highway 98 and various types of armoring, including vertical concrete seawalls, rock riprap, concrete rubble, and articulated-concrete block mats.
PROPOSED WORK: The applicant seeks authorization to discharge fill material over 20 acres of waters of the U.S. (surface waters) to construct the following shoreline stabilization by increasing intertidal marsh habitat and nearshore reef habitat along 12 miles of shoreline between the Mean High Water Line (MHWL) and no deeper than - 6 feet and no farther than 500 foot seaward of the MHWL:
Nearshore Reef Habitat would consist of 75 foot long reef structures with 5 feet minimum gaps between segments to reduce the chance of swimming species entrapment and would maintain a 15 feet buffer between the reef segments and existing Submerged Aquatic Vegetation (SAV). These reef structures would cover approximately 20 acres and consist of a combination of non-plastic materials such as rocks/recycled concrete, oyster pillows/logs, oyster catcher tabletops, reef balls, and oyster prisms of various shapes/sizes and configurations. The reef structures would use irregularly shaped, submerged patch reef habitats and provide wave attenuation for the marsh while also trapping suspended sediments.
Intertidal Marsh Habitat would cover approximately 30 acres and be composed of a fringe marsh, dominated by Spartina alterniflora behind the reef habitat.
All project activities would occur between mean high water and - 6 feet water depth below MHW.
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:
Numerous steps have been taken during project planning/design, and will also be taken during construction, to eliminate/reduce impacts, including the following:
• Submerged aquatic vegetation (SAV) has been identified, located, and considered in the project design. All seagrass beds with greater than 15% cover will be avoided, as well as a 15-foot buffer around these areas. At the time of construction, seagrass boundaries will be field verified/updated to inform the final placement of restoration materials.
• Construction activities will be coordinated to minimize or avoid anchoring/spudding of vessels over seagrasses. All vessels will be required to maintain adequate clearance to avoid compacting or scarring seagrass beds.
• All reef habitat materials that have a significant potential for creating temporary turbidity problems during installation will be surrounded with floating turbidity curtains during placement and will remain in place until turbidity levels return to acceptable levels.
• No dredging is proposed, thus any historical/archeological resources that may be present within the project area will remain in place and will not be impacted.
• Newly created reef habitat will be marked with aids to navigation, as directed by the U.S. Coast Guard. It is noted that no navigation channels are in close proximity to the proposed project.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed work will establish a living shoreline to stabilize an eroding shoreline.
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 Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Smalltooth Sawfish (Pristis pectinata), and the Gulf Sturgeon, (Acipenser oxyrinchus desotoi) or its designated critical habitat. The Corps has requested National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus).
The Corps has determined the proposal would have no effect on the Piping Plover (Charadrius melodus), Red Cockaded Woodpecker (Picoides borealis), Eastern indigo snake (Drymarchon corais couperi) or its designated critical habitat.
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 20 acres of fill consisting of a combination of non-plastic materials such as rocks/recycled concrete, oyster pillows/logs, oyster catcher tabletops, reef balls, and oyster prisms of various shapes/sizes and configurations. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Apalachee 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 6,730 linear 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, FL 32407 within 21 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, Randy Turner, in writing at Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411 Panama City, FL 32407; by electronic mail at Randy.L.Turner@usace.army.mil; or, by telephone at (850) 763-0717 ext. 3.
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.
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.