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: Kenneth Deese
3574 Travelers Rest Road
Newton, Georgia 39870
WATERWAY AND LOCATION: The project would affect waters of the United States associated with an unnamed canal directly connected to the Gulf of Mexico. The project site is located on Kornegay Way in Section 121, Township 60 North, Range 60 East, Crawfordville, Wakulla County, Florida.
Directions to the site are as follows: From Panama City, take Highway 213 North for 24 miles. Turn right onto Florida Highway 20 East. Drive east for 50 miles and turn right on Florida 267 South. Drive south for 21miles. Take a left on Spring Creek Highway. In approximately 9 miles, turn left onto Shell Point Road. Stay on Shell Point Road for approximately 3 miles and then turn right onto Kornegay Way. The project area is located at the intersection of Kornegay Way and Canal Street.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.073905°
Basic: Water access and shoreline stabilization
Overall: To stabilize the shoreline and provide recreational access to the Gulf of Mexico for residents of the proposed multi-family development located on the 12.26 acre tract located between Kornegay Way and Shellpoint Road in Crawfordville, Florida.
EXISTING CONDITIONS: The property is a 12.26-acre tract located between Southside Drive, Kornegay Way and Canal Street in Crawfordville, Florida. The project area contains a manmade canal that parallels Canal Street and connects to Grass Inlet through another excavated canal. The canals appear to have been excavated in a tidal marsh system in the past. There are extensive areas of marsh surrounding the project area and adjacent residential development. To the south and east of the canals, there are developed uplands that support single family residential development with docks and shoreline stabilization. The uplands have been cleared, maintained and planted with annual rye. Some canopy species are located sporadically throughout the upland and include slash pine and cabbage palm. Dominant wetland species include sweetbay, wax myrtle, soft rush, sawgrass, saltbush, cordgrass and panic grasses. The soils within the project area are described by the Wakulla County Soil Survey (1991) as Rutledge Sand, Leon Sand and Quartzipsamments, dredged.
PROPOSED WORK: The applicant seeks authorization to conduct maintenance excavation in a 345 feet by 76 feet canal, removing 4,856 cubic yards of material, to install 345 linear feet of seawall approximately 1 foot waterward of the mean high water line (mhwl), and to install 76 feet of riprap approximately 5 feet waterward of mhwl. The applicant also proposes to construct a 24 slip multi-family dock that consists of a 9 feet by 4 feet fixed platform, a 6 feet by 325 feet floating dock and twelve 3 feet by 12 feet finger piers. Excavated material would be placed on high ground and allowed to dry before being used as backfill for the seawall. No return water would be allowed to enter jurisdictional waters.
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:
All work would be conducted from uplands, and all construction materials would be stored in uplands until needed. The wetland impacts have been reduced to only those impacts needed to stabilize the existing shoreline that is experiencing erosion. The project would not affect navigation in the manmade canal.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
There are no aquatic resources present in the proposed dredge area. The only wetland impacts are those associated with the placement of 117 cubic yards of riprap material along the 76 linear feet section of Southside Drive. The 380 square feet of impacts are needed to prevent further erosion of land into the canal.
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee, Gulf sturgeon, hawksbill, green and loggerhead sea turtle, smalltooth sawfish or its designated critical habitat. The Corps will review potential impacts using the appropriate programmatic keys and the Jacksonville Regional Biological Opinion (JAXBO). If directed to during this review, 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 0.60 acres of shallow estuarine waters utilized by various life stages of commercially important finfish and shellfish. Our initial determination is that the proposed action would not have a substantial adverse impact on 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 mile away from any 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.
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, Tracey L. Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at email@example.com; 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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).
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.