Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

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-2023-02016(SP-EPS)

Jacksonville District
Published July 16, 2024
Expiration date: 8/7/2024

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) as described below:

 

APPLICANT:  Walton County Public Works

                       117 Montgomery Circle

                       DeFuniak Springs, FL 32435

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Hewett Bayou.  The project site is a corridor located from the intersection of Goldsby Road and E. Lamb Drive, to the intersection of E. Hewett Road and Alderberry Road, in Santa Rosa Beach, Walton County, Florida.

 

 

APPROXIMATE CENTRAL COORDINATES:         Latitude      30.389968°

                                                                                 Longitude -86.287548°

 

PROJECT PURPOSE:

 

Basic: Improved transportation.

 

Overall: To improve transportation in south Walton County by providing an east-west connector road between Goldsby Road, and E. and W. Hewett Roads.

 

EXISTING CONDITIONS:  The wetland systems proposed for direct impact consist of hydric pine savanna and a freshwater forested tidal wetland.  The hydric pine savanna is dominated by slash pine (Pinus elliottii), sweet gallberry (Ilex coriacea), fetterbush (Lyonia lucida), and herbaceous species including meadowbeauties (Rhexia spp.), bog buttons, and hatpins (Lachnocaulon and Eriocaulon spp.).  The freshwater forested tidal wetland contains slash pine, sweetbay (Magnolia virginiana), titi (Cyrilla racemiflora), fetterbush and wax myrtle (Morella cerifera).  The area immediately surrounding the project primarily consists of forested lands (pine flatwoods and hydric pine savanna) owned by the State of Florida, and residential parcels beyond those state-owned parcels.  The proposed corridor also would include a bridge crossing Hewett Bayou and its adjacent saltmarsh dominated by black needlerush (Juncus roemerianus) and sawgrass (Cladium jamaicense).

 

PROPOSED WORK:  The applicant seeks authorization to discharge fill into 1.04 acres of waters of the United States (WOTUS) for the construction of a one mile long, two-lane roadway, and bridge across Hewett Bayou.  The fill discharge and its direct and secondary impacts are being evaluated; the bridge component is not regulated by the Corps.  This new road would be an east-west connector road between Goldsby Road, E. Hewett, and W. Hewett Roads.  

 

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:

 

Walton County proposes to discharge fill into 1.04 acres of WOTUS for the construction of a one-mile, two-lane roadway, and bridge across Hewett Bayou.  Direct saltmarsh impacts were avoided by lengthening the bridge from 315 ft. to 325.5 ft. Impacts to wetlands adjacent to the saltmarsh were reduced from 0.051-acre to 0.03-acre. These impacts along with 1.01 acres of impacts to other WOTUS are unavoidable.

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

Walton County proposes to purchase 1.29 palustrine wetland credits and 0.11 estuarine credits from Nokuse Plantation Mitigation Bank and Horseshoe Creek Mitigation Bank to compensate for unavoidable direct impacts to 1.04 acres of WOTUS, and secondary impacts to 4.20 acres of WOTUS.

 

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 Corps has determined the proposal may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi).  The Corps will request U.S. Fish and Wildlife concurrence with this determination and any others 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 1.04-acre of palustrine (1.01-acre hydric pine savanna and 0.03-acre freshwater forested tidal) wetlands hydrologically connected to tidal waters utilized by various life stages of shrimp, reef fish, red drum, and coastal migratory/pelagic 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 activity 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, 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, 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.

 

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.