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: City of Destin, Jeffrey Cozadd
4200 Indian Bayou Trail
Destin, Florida 32541
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Joe’s Bayou, nearby ponds, and wetlands. The project site is located around 800-850 Beach Drive, in Section 18, Township 2 South, Range 22 West, Destin, Okaloosa County parcels C56-000-589-9467-4, C56-000-589-9475-7, C56-000-589-9476-5, C56-000-589-9477-3 and C56-000-589-9478-1.
Directions to the site are as follows: Applicant provided: Traveling west on Highway 98, going across the Pensacola Bay Bridge, continue for approximately 44.4 miles across the Destin Bridge and into Destin. From there, tum left onto Calhoun Avenue. Travel for 1.2 miles, then continue straight onto Sibert Avenue and travel for about 0.2 miles to the end of Sibert Avenue. At the end of Sibert Avenue, turn right onto Benning Drive then immediately turn left onto 1st Street. Continue for another 0.2 miles to the intersection with Beach Drive. The parking lot associated with the Joe's Bayou Boat Ramp will be directly across the street. To reach Joe's Bayou, continue straight approximately 500 feet. To reach the Mattie Kelly Boardwalk, tum left onto Beach Drive, and continue about 300 feet, then tum left into the first parking lot. A second parking lot (and access) is available on the left approximately 350 feet down Beach Drive.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30.41134 deg;
Longitude -86.49210 deg;
PROJECT PURPOSE:
Basic: The applicant states the basic project purpose is to further develop the Joe’s Bayou Recreational Area and Mattie Kelly Park.
Overall: The applicant states the overall project purpose is to improve waterfront access, construct new recreational amenities, and enhance/restore the topography and natural resources (including wetland, saltmarsh, upland, ad shoreline restoration) at the heavily utilized Joe’s Bayou Recreation Area and Mattie Kelly Park.
EXISTING CONDITIONS: The project site includes on site include 21 acres nearshore waters of Joe’s Bayou, 1.47 acres of open surface waters in ponds, and 8.67 acres of freshwater wetlands. The onsite wetlands are categorized palustrine shrub scrub and palustrine forested. The non-forested wetlands having vegetation communities consisting of cattail (Typha sp.), seaside goldenrod, Canadian goldenrod (Solidago canadensis), sawgrass, ragweed, giant reed, smooth rose mallow (Hibiscus laevis), barnyard grass (Echinochloa walteri), Virginia saltmarsh mallow (Kosteletzkya pentacarpos), smartweed (Polygonum sp.) and sedges (Carex sp.). The forested wetlands having vegetation communties consisting of predominately Loblolly pine, some large Chinese tallow trees, scattered bald cypress (Taxodium distichum), wax myrtle, fetterbush (Lyonia lucida), tall gallberry (Ilex coriacea), yaupon holly, sweetbay
(Magnolia virginiana), cabbage palm (Sabal palmetto), swamp bay (Persea palustris), Carolina willow (Salix caroliniana), Virginia chain fern (Woodwardia virginica), royal fern (Osmunda regalis), and sawgrass (Cladium jamaicense). The land uses surrounding the project area consists of residential development, recreational lands, and some undeveloped natural areas both forested and non-forested.
PROPOSED WORK: The applicant seeks authorization to impact waters of the United States by the following activities:
Table 1: Project Impacts Summary Table
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:
NRDA Documentation includes the copies of the results of all agency coordination
completed for this project to date, including consultation with the USFWS regarding the Bald & Golden Eagle Protection Act, Coastal Barrier Resources Act, Endangered Species Act, Marina Mammal Protection Act, and the Migratory Bird Treaty Act. Consultation with NMFS regarding the Endangered Species, Essential Fish Habitat and Marine Mammal Protection Act is ongoing, though the project is expected to have a neutral, if not beneficial, impact on the resources protected by those acts.
The application includes the portion of the Final Restoration Plan 1 And Environmental
Assessment pertaining to the Joe’s Bayou Recreation Improvements Project. This document, developed by the Florida Trustee Implementation Group (the group responsible for restoring natural resources and their services within the Florida Restoration Area affected by the Deepwater Horizon oil spill) to guide and direct ecosystem-level restoration based on distinct restoration goals, includes the proposed Joe’s Bayou Recreation Area Improvements Project as one of the restoration alternatives evaluated for compliance with the Oil Pollution Act and the National
Environmental Policy Act. A full copy of this report can be found at the following link:
https://www.fws.gov/doiddata/dwh-ar-documents/1942/DWH-ARZ002430.pdf
Natural Resource Survey includes the results of an August 2021 survey. During that
survey, Taylor Engineering staff located the extents of submerged aquatic vegetation (SAV), wetland vegetation, and invasive species within the vicinity of the project area. Based on the wetland extents identified during the August 2021 survey, Attachment 14 includes the Jurisdictional Determination (File No. SAJ-2021-03967(JD-EPS0) issued for the project site on March 1, 2022, which found 8.67 acres of wetlands or other waters above the MHWL. However, this acreage includes the small holding pond that was later determined to be non-jurisdictional as it was cut from the uplands in the 1990’s under NPDES Permit No. FL110357-001.
While wetland and submerged aquatic vegetation (SAV) habitats are documented within the project area, the proposed structure layout incorporates significant avoidance and minimization to minimize potential impacts to the greatest extent practicable. Notably, outside of activities associated with demolition/replacement/extension of the fishing pier, all structures have been sited to avoid seagrass and will be required to maintain a 3-ft offset from any existing seagrass habitat at the time of construction. All impacts to Joe’s Bayou associated with the proposed shoreline protection measures are correlated with unvegetated surface waters and a 3-ft buffer from any seagrass beds will be maintained at all times. For all other structures (other than the fishing pier), structures have been sited to avoid seagrass and will be required to maintain a 3-ft offset from any existing seagrass habitat at the time of construction. For the fishing pier, seagrass habitat currently exists beneath the pier. While there is a small area (93 SF) of unavoidable seagrass impacts related to the extension of the pier, demolition of the current shore connection and replacement in a different location will help to enhance the seagrass habitat currently beneath existing shore connection. Additionally, elevating the pier to 4.5 ft above the MHWL for protection from storm-related impacts will have the added benefit of reducing shading impacts to the seagrass habitat currently beneath the fishing pier. Grated decking will also be incorporated along portions of the pier to allow increased light penetration and reduce wave uplift forces. Timber handrails shall also be installed along both sides of the primary access ramp to deter vessels mooring above seagrass beds.
For the proposed shore protection features, the structures have been designed to armor the site to mitigate erosion, stabilize the shoreline, and shelter areas of natural shoreline. In combination with the proposed enhancements to the boating-related facilities, the proposed shoreline protection measures will help to increase the site’s resilience and accommodate patrons more effectively. The Coastal Conditions & Waterfront Structure Planning Assessment, the site’s susceptibility to both boat wakes and wind‐generated waves, together with the need for long‐term, sustainable shoreline protection necessitates a hardened structure. With this in mind, and considering the design goals of the project, the coastal conditions, existing natural resources, and the relatively long length of shoreline in need of protection, the project proposes to include a segmented breakwater system. The segmented breakwater system will increase storm resilience for upland property and infrastructure by dissipating incident wave energy and providing calmer conditions landward of the structures suitable for habitat restoration and seagrass recruitment. Gaps within the proposed breakwaters will maintain hydraulic connectivity and circulation between proposed saltmarsh restoration, seagrass recruitment areas, and Joes Bayou. Structure gaps will minimize the breakwater’s effect on water quality, allowing adequate flushing and not restricting water circulation. The gaps will also minimize the potential for the structures to entrap marine mammals. The breakwaters, constructed of natural materials such as granite or limestone, will also provide suitable substrate for oyster colonization and essential fish habitat. To provide adaptive management to sea level rise, the breakwaters have been designed such that additional stone of the same size can be added to the top of the structures without increasing the structure footprint.
For wetlands, an upland buffer will be provided between the proposed activities and existing wetlands or wetlands to be preserved, enhanced, restored, or created where possible. Where this buffer cannot be provided, work will be limited to the existing structure footprint to the maximum extent practicable. The fishing pier will also generally be reconstructed in place (other than the extension) in order to minimize potential effects to the adjacent seagrass habitat. Notably, the both the fishing pier replacement and the proposed enhancements to the boardwalk that crosses through the wetlands within Mattie Kelly Park and Nature Walk have been designed such that the existing piles will be reused as much as possible, with the only new piles being those associated
with the proposed bump-outs (for the boardwalk), the new shore connection and extension (for the fishing pier) or to replace those few piles that were deemed not structurally sound and in need of repair. Additionally, construction will be sequenced such that construction activities will take place from either the uplands or from the structure itself, limiting any impacts to the construction footprint.
In addition to the siting and construction sequencing considerations detailed above, to avoid and/or minimize impacts to wetlands and SAV, all activities will adhere to guidelines set forth in the state and federal environmental permits including best management practices to prevent violation of state water quality standards at the project site. During construction, turbidity curtains and erosion controls shall be required to line the work area to assure water quality standards are maintained throughout construction. The erosion control measures shall be maintained and shall remain in place until all construction is complete and turbidity levels in the project area meet regulatory standards. A biologist will assist the contractor in locating and marking seagrass bed
edges prior to construction to ensure existing aquatic resources are protected. Below the MHWL, structures incorporate non-leaching materials (i.e., wrapped timber piles) to reduce the potential for contaminants within the water. In the long-term, water quality should not be impacted by the materials in contact with the water column. Additionally, it is anticipated that once the proposed structures are in place, continued erosion of the shoreline will be eliminated, reducing potential impacts from turbidity/pollution.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has provided the following explanation why compensatory mitigation should not be required:
While there are some unavoidable and incidental impacts to wetlands (1,858 SF) and seagrass (98 SF), that any functional loss incurred because of impacts to aquatic resources will be offset by the functional gain calculated from the preservation, restoration, enhancement, and creation activities identified in the improvement plan.
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.
The Applicant has stated that Phase I Cultural Resources Assessment Survey for the Joe’s Bayou Recreation Area, a survey was performed in June 2018 by Panamerican Consultants, Inc. These exposed ground inspection searches evaluated that the site is disturbed, and remaining deposits lack integrity and any research potential. The Phase I historical and archaeological survey did not result in the documentation of historic or prehistoric artifacts or sites. While the survey noted the old cement plant area could be considered a historic site since the plant was built in 1958, demolition of the plant has left nothing except scattered and highly disturbed debris. As such, development of the Joe’s Bayou Recreation APE will not negatively impact any significant historic deposits, human remains, sacred objects, or sites of sacred or historic significance. Notably, consultation with the Department of the Interior in regards to Section 106 of the National Historic Preservation Act has also been completed.
ENDANGERED SPECIES:
The Corps has determined the proposal may affect the gulf sturgeon or its designated critical habitat. The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Applicant has stated that a Natural Resource Survey was conducted and includes a table of listed species that may occur within the boundaries of Joe’s Bayou Recreation Area survey area (Table 4.2) based on a review of the FWC list of imperiled species, the FNAI database, and USFWS Information for Planning and Consultation (IPaC). Notably, during the natural resource survey Taylor conducted preliminary site reviews for these species and their habitat but did not complete formal species surveys. During
the site visit, no listed species were observed on site. Consultation with USFWS has already been completed. Additionally, per the Effect Determination Key for the West Indian Manatee, the project is “not likely to adversely affect” the West Indian Manatee (Attachment 15). For all other species, the project will incorporate best management practices to avoid impacts to fish, wildlife, and their habitats. The contractor will be
required to comply with the Standard Manatee Conditions for In-Water Work (2011), Protected Species Construction Conditions (2021), the Vessel Strike Avoidance Measures (2021) and the Measures for Reducing Entrapment Risk to Protected Species (2012) during all in-water construction activities, as well as the Standard Protection Measures for the Eastern Indigo Snake (2021) during all work in the uplands. All mariners, including contractors, will be cautioned to keep a sharp look out for manatees and report any sightings to other vessels operating in the area. All work will be limited to daylight hours. Additionally, the contractor will be required to implement all applicable USACE Jacksonville Districts Programmatic Biological Opinion (JAXBO) Project Design Criteria in order to safeguard the gulf sturgeon critical habitat within which the project is located.
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 0.95 acres of submerged aquatic vegetation habitat utilized by various life stages of highly motile red drum, reef fish, shrimp, coastal migratory pelagics, bull shark and spinner shark. Our initial determination is that the proposed actions would not have a substantial adverse impact on EFH or Federally managed fisheries in Joe’s Bayou. 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.
The Applicant states that consultation with NMFS regarding the Endangered Species, Essential Fish Habitat and Marine Mammal Protection Act is ongoing, though the project is expected to have a neutral, if not beneficial, impact on the resources protected by
those acts.
NAVIGATION: The proposed activities are not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will 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 Technical Regional Execution Center on behalf of the Pensacola Permits Section, 600 Vestavia Parkway, Suite 203, Vestavia Hills, Alabama, 35216 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, Sarah Whorton, in writing at the Technical Regional Execution Center on behalf of the Pensacola Permits Section, 600 Vestavia Parkway, Suite 203, Vestavia Hills, Alabama, 35216; by electronic mail at Sarah.M.Whorton@usace.army.mil; or by telephone at (205)767-4912.
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.
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.
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.