Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2022-03598(SP-TLW)

Jacksonville District
Published March 3, 2023
Expiration date: 4/3/2023

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: 

Lieutenant Colonel Brandon R. Rocker

103 Mississippi Avenue, Building 36234

Tyndall Air Force Base, Florida  32403

WATERWAY AND LOCATION:  The project would affect waters of the United States located within the waters of St. Andrew Bay at the Beacon Beach Marina in Section 45, Township 4 South, Range 14 West, Tyndall Air Force Base, Bay County, Florida.   

Directions to the site are as follows:  From the Tyndall Air Force Base Visitors Center, head west for one mile on Highway 98 and turn left on Sabre Drive. Enter the base through the Sabre Gate and continue 1.75 miles on Sabre Drive. Turn left on Prime Beef Road and continue to the T-intersection. Turn right on Beacon Beach Road. Continue east for 0.33 mile and turn left on Eagle Drive. Follow Eagle Drive for 0.1 mile and turn left on Beacon Beach Marina Road. The project is located at the end of this road.

APPROXIMATE CENTRAL COORDINATES:         Latitude       30.091656°

                                                                                 Longitude -85.648155°

PROJECT PURPOSE:

Basic:  Repair and expand existing structure.

Overall:  To repair structures at Beacon Beach Marina in order to provide protection to the structures and vessels that were damaged during Hurricane Michael.

EXISTING CONDITIONS:  The project would impact a tidal marine system at the mouth of the existing marina basin adjacent to St. Andrew Bay. The area surrounding the project includes a large recreation facility that supports a marina basin and marina, recreation building, parking lot and nature area. The marina basin is protected from the adjacent bay by two large rock jetties. The existing jetty on the north side of the marina extends parallel to the shore for approximately 230 feet. It is approximately 42 feet wide, although the width varies. The jetty on the south side of the basin is roughly L-shaped and is topped with a gravel drive. It is approximately 700 feet long and the width varies from 34 feet to 130 feet wide. The site does not support submerged aquatic vegetation or emergent marsh. The eye of Hurricane Michael passed very close to Tyndall Air Force Base and the storm damaged or destroyed most structures on the base. The jetties and dock structures were heavily damaged during the storm. Material from the docks was removed to a high ground disposal site. The boat ramp and parking area remain; however, all of the previously existing buildings were destroyed. The marina is part of the Beacon Beach Outdoor Recreation Area which is located south and east of the on-base housing area. There is an approximately 162-acre undeveloped natural area with boardwalks and trails located east of the marina. This area borders St. Andrew Bay and supports estuarine marsh, intertidal areas and diverse wetland/upland habitats.

PROPOSED WORK:  The applicant seeks authorization to repair and expand the two existing riprap jetties adjacent to the Beacon Beach Marina at Tyndall Air Force Base. As a result of erosion and wave action from storms, the rock on the jetties has shifted and moved away from the previous alignment. The applicant proposes to excavate the riprap and realign it to create a suitable surface for new riprap armoring. On the north jetty, the applicant proposes to excavate material from a 220 feet by 6 feet area on the west side of the jetty and to place riprap in a 225 feet by 6 feet area on the east side of the jetty. The applicant proposes to excavate material from a 550 feet by 15 feet area on the west side of the southern jetty and to place riprap in a 687 feet by 15 feet area on the east side of the structure. Construction of the proposed project would result in the placement of fill material in 2.75 acres and the excavation of 0.220 acre of tidal 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:

Impacts associated with the proposed project would be limited to the area adjacent to and on the existing rock jetties at the mouth of the marina basin at the Beacon Beach Marina.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

The proposed work would occur on and immediately adjacent to the existing jetty structures and no submerged aquatic vegetation or critical habitat would be impacted.

CULTURAL RESOURCES: 

As Lead Federal Agency, Tyndall Air Force Base is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. Their 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.

ENDANGERED SPECIES: 

As Lead Federal Agency, TAFB initiated consultation with the U.S. Fish and Wildlife Service (USFWS). TAFB has determined that the proposed actions may affect and is likely to adversely affect the endangered plant telephus spurge (Euphorbia telephioides). By letter dated March 25, 2020, the USFWS concurred with this determination and concluded that the Action is not likely to jeopardize the continued existence of the E. telephioides. Consultation for listed species is complete and concurrence of effects determinations have been received. No further consultation is required.

ESSENTIAL FISH HABITAT (EFH):  As Lead Federal Agency, Tyndall Air Force Base initiated consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Their initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in St. Andrew Bay. By email dated December 2020, the National Marine Fisheries Service Habitat Conservation Division concurred with this determination and no further consultation is required.

Navigation: The proposed structure is not located in the vicinity of a federal navigation 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 Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 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.  

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.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application number ERP_355828.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.