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: Defense Advanced Research Projects Agency (DARPA)
Biological Technologies Office
675 North Randolph Street
Arlington, Virginia 22203
WATERWAY AND LOCATION: The project would affect aquatic resources associated with East Bay. The project site is located in waters off of Baker Point north of Tyndall Air Force Base and south of Eastern Shipbuilding Allenton Facility in Section 30, Township 05 South, Range 12 West, Bay County, Florida.
Directions to the site are as follows: From Panama City, take Highway (HWY) 98 east, then turn left on Farmdale Road. From Farmdale Road, take the first right onto gravel road. Follow to road’s end (~1 mile) then take a left. Follow to road’s end (~1.5 miles) and take a right. Follow to kayak launch on left (~0.33 mile). From launch, proceed northwest on foot along marshes edge to Baker Point (~0.33 mile). The center of the proposed project area is approximately 0.1 mile southwest of Baker Point.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.022306°
Longitude -85.476972°
PROJECT PURPOSE:
Basic: Shoreline protection
Overall: The purpose of the project is to increase the resiliency of the infrastructure at Tyndall Air Force Base (AFB) and to increase ecological habitat and productivity along the project area.
EXISTING CONDITIONS: The affected system consists of a shallow water estuarine area with unconsolidated sand substrate and sparse emergent vegetation along the shoreline. The proposed project area is located in intertidal and subtidal zones with water depths ranging from 0 to 3.9 feet (0 to 1.1 meters). The area is characterized as mostly unvegetated, unconsolidated sandy bottom with 90 percent medium to coarse grain sand. During a recent survey, there was one submerged vegetation bed recorded along the southeastern border that had less than five shoots per square meter of shoal grass. The area is subject to erosive forces due to wind and tidal action. The upland area beyond the project area is characterized by a small beach berm in some areas and coastal scrub habitat. Many of the shorelines (bay and coastal) of Tyndall AFB are within the 100-year floodplain. As such, Tyndall AFB is vulnerable to flooding from torrential rainfall and tidal surges associated with tropical storms and hurricanes. The onsite vegetation consists of black needlerush, cordgrass (Spartina species (sp.)), and grassworts (Lilaeopsis spp.). The project area is located near the northeast end of Tyndall AFB adjacent to a 932 acre undeveloped portion of the base. The adjacent undeveloped area contains tidal waterbodies and wetlands, wet pine flatwoods, and managed pine uplands. The area was heavily impacted during Hurricane Michael in October 2018 resulting in the loss of most of the mature trees.
This project is federally funded, and DARPA is the Lead Federal Agency. A public notice was published in the Federal Register on May 6, 2024, and Notice was published in the Panama City News Herald on May 8, 2024.
PROPOSED WORK: The applicant seeks authorization to impact 2.03 acres to construct 328 feet of shore parallel breakwater structures approximately 200 feet waterward of mean high water. Structures would be 26 feet wide and would be constructed in 60 foot sections with 5 foot gaps between structures. The living shoreline would be constructed in two distinct rows with a mosaic habitat layout inland of the living shoreline structures. Mosaic Oyster Habitat structures would include different materials including but not limited to non-plastic shell bags, oyster castles, OysterCatcherTM materials, half scale modules, reef balls, and coir logs. The project includes approximately 21,500 square feet of plantings to include Spartina alterniflora, Juncus roemerianus, and Spartina patens. Oyster reef habitat breakwaters and mosaic oyster habitat structures would be placed starting 100 feet waterward of mean high-water line and extend as far as 275 feet waterward of mean high-water line with 5 feet between each oyster reef structure.
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:
Extensive seagrass surveys were conducted prior to final project design. Materials would be placed on bare sand areas of St. Andrew Bay, with careful attention to avoid existing submerged aquatic vegetation (SAV) or oyster reefs. All materials would be deployed no closer than 15 feet to existing SAV or oyster reefs. Any vessels used in the project shall have adequate draft to reduce potential impacts of scarring. The Florida State Historic Preservation Office has reviewed the project area; it is not anticipated that the project would affect any archaeological, cultural, or historical resources. The design of the structures is intended to provide protection from erosive forces as well as optimizing the potential recruitment of oysters and other aquatic organisms. The project is intended to increase biodiversity in the area as well as providing protection of the shoreline.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No compensatory mitigation is proposed because the project would increase biodiversity in the area and enhance habitat function.
CULTURAL RESOURCES:
As Lead Federal Agency, the DARPA prepared an Environmental Assessment and evaluated potential impacts to cultural resources. They determined that no archaeological or cultural resources are known to exist within the proposed action area and that the project would have no effect on cultural resources.
ENDANGERED SPECIES:
DARPA has determined the proposed project may affect but is not likely to adversely affect sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; and Gulf sturgeon or their designated critical habitat. As an efficiency, the Corps has agreed to evaluate the proposed work utilizing National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida in accordance with Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): As Lead Federal Agency, DARPA initiated consultation with the NMFS on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 2.03 acres of shallow water estuarine habitat with soft bottom, sand/shell, tidal marsh; water column; and adjacent submerged aquatic vegetation utilized by various life stages of coastal sharks, penaeid shrimp, reef fish, coastal migratory species, and red drum. Their initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the St. Andrews Bay. Their final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.
Navigation: The proposed structures are not proposed 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 15 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 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 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 no. 0438093-001-EI/03.
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.