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: Destiny East Homeowners Association
c/o Chuck VanGronigen
36468 Emerald Coast Parkway, Suite 2101
Destin, FL 32541
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico. The project site is located north and south of Scenic Highway 98, in Four Prong Lake and in the Gulf of Mexico, in Destin, Okaloosa County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.376573°
Longitude -86.408203°
PROJECT PURPOSE:
Basic: Flood reduction
Overall: A drainage system to preemptively lower the lake levels of Four Prong Lake before major rain events to prevent upland homes and property from flooding.
EXISTING CONDITIONS: The waters at the project site consist of an unvegetated, open water lacustrine system at Four Prong Lake where the proposed access walkway, wet well, weir, and intake would be installed. The pump would be installed in uplands and the pipe would be directionally drilled under Scenic Highway 98. The directional drilling would continue to the outfall location in the Gulf of Mexico. The outfall site consists of open sandy bottom. The existing area surrounding the project area consists of residential development, a county park with beach access, and a restaurant.
PROPOSED WORK: The applicant seeks authorization to install a drainage system from Four Prong Lake to the Gulf of Mexico to reduce flooding from significant rain events. The drainage system would consist of: 1) a gravity drain with adjustable weir to control lake levels in Four Prong Lake, 2) a dry well structure in uplands for a pump, 3) an approximately 1,600 foot pipeline extending from Four Prong Lake perpendicular to the shoreline directionally drilled beneath Scenic Highway 98 at James Lee Park, and 4) an outfall at the terminus of the pipe in the Gulf of Mexico. The applicant has stated the pipe outfall would be seaward of the depth of closure in the Gulf of Mexico, and the pipeline would be kept below the 100-year storm erosion profile.
The applicant’s narrative for construction is as follows: “The staging area for the construction of the structures in Four Prong Lake will be the park surrounding the pavilion. The pre-cast concrete wet well with a weir will be formed off site and delivered to the project site then installed into Four Prong Lake using a crane. The location of the pump housing will be excavated, and a pre-cast concrete housing will be lowered by crane. The order of installation for the pipe, wet well with weir, and pump housing will be determined by the contractor. The outfall pipe connecting Four Prong Lake to the Gulf of Mexico will be installed using horizontal directional drilling to minimize disturbances to the dune, beach and offshore and will be located at least five feet below the 100-year storm profile to ensure that the proposed pipeline will not become exposed during a major storm event. The drilling will start on the south end of Four Prong Lake and drill underneath Scenic Highway 98, James Lee Park, and approximately 1,200 feet of
the Gulf of Mexico. The materials for the outfall structure (concrete collar, rip-rap, marine mattress, and metal grate) will be transported by barge to the outfall location and using a crane and diver will be lowered to the sea floor. The concrete collar will be placed around the exposed pipe extending from the seafloor at a 45 to 60-degree angle. Marine mattress will be transported to the seafloor by a crane and placed around the outfall pipe to serve as an underlayer to support and reduce scour and settlement. Rip-Rap stone will be lowered by the crane and placed around and over the concrete collar and marine mattress to protect and stabilize the pipe. Finally, a metal grate will be attached to the pipe to ensure no large marine life are able to enter the pipe.
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 best management practices (BMPs) that will be used for this project to reduce adverse impacts to water quality are:
1. The offshore sediment is beach quality sand with less than 5% silts and clays which will reduce the potential of generating turbidity during construction.
2. Turbidity monitoring during construction in the Gulf of Mexico.
3. Silt fences installed around the staging area to prevent material in the staging area from entering Four Prong Lake.
4. Horizontal Direct Drilling Best Management Practices including:
a. Annular pressure monitoring during the drilling of the pilot hole, which assists in immediate identification of pressure changes indicative of loss of return flows or over pressurization of the annulus, and allows the operator to manage the development of pressures that can induce an inadvertent return (IR);
b. Ensuring that an appropriate diameter pilot tool, relative to the diameter of the
drilling pipe, is used to ensure adequate “annulus spacing” around the drilling
pipe exits to allow good return flows during the pilot drilling;
c. Mandated short-tripping of the reaming tools to ensure an open annulus is
maintained to manage the potential inducement of IRs;
d. Monitoring of the drilling fluid viscosity, such that fissures and fractures in the
subsurface are sealed during the drilling process;
e. Mandated monitoring of the drilling fluid cleaning, such that the return weight
of the recycled drilling fluids is kept below 10.5 ppg;
f. During the reaming phase, the use of Loss Control Materials may be
implemented if indications of a potential IR are noted or an IR is observed, and
g. If necessary, the pilot hole and reaming phases at the point of entry for the HDD
may utilize casing, hammered into the substrate down to structurally better
rock, to prevent vertical or lateral movement of drilling fluids at shallow depth.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No loss of aquatic resources is proposed.
CULTURAL RESOURCES:
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.
ENDANGERED SPECIES:
The U.S. Army Corps of Engineers (Corps) has determined the project may affect but is not likely to adversely affect the West Indian manatee (Trichechus manatus) as determined using the April 2013 Manatee Key. The Corps has also determined the proposed project may affect, but is not likely to adversely affect the Gulf sturgeon (Acipenser oxyrinchus desotoi), Green turtle (Chelonia mydas), Loggerhead turtle (Caretta caretta), Kemp’s Ridley turtle (Lepidochelys kempii), Leatherback (Dermochelys coriacea), Hawksbill (Eretmochelys imbricata), Giant manta ray (Manta birostris) and Smalltooth sawfish (Pristis pectinata) or their designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with these determinations 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 0.006 acres of sandy bottom utilized by various life stages of shark species, shrimp species, coastal migratory pelagic species, and species of reef fish. 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: 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 Pensacola Permits Section, 41 N. Jefferson Street, Suite 301, Pensacola, FL 32502 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, Ed Sarfert, in writing at the Pensacola Permits Section, 41 N. Jefferson Street, Suite 301, Pensacola, FL 32502; by electronic mail at edward.p.sarfert@usace.army.mil; or, by telephone at (850)439-9533.
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.
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 0421459-001-EI/46.
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.