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: Marine Max East, Inc.
c/o Sam Lowrey
2600 McCormick Drive, Suite 200
Clearwater, Florida 33759
WATERWAY AND LOCATION: The project would affect waters of the United States
associated with Santa Rosa Sound. The project is located at 22 Miracle Strip Parkway SW, in Section 23, Township 2 South, Range 24 West, Fort Walton Beach, Okaloosa County, Florida.
Directions to the site are as follows: From Fort Walton Beach, proceed south on Beal Parkway SW to US-98. Turn west on US-98/Miracle Strip Parkway SW and continue 0.2 miles. The project site is located on the south side of the road at 22 Miracle Strip Parkway SW.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.403367°
Longitude 86.616117°
PURPOSE:
Basic: Commercial Marina
Overall: Redevelopment and expansion of an existing commercial marina to include a travel lift and dredging on Santa Rosa Sound, in Fort Walton Beach, in Okaloosa County, Florida.
EXISTING CONDITIONS: The project site is located on the northern shoreline of Santa Rosa Sound and consists of a developed commercial marina with three docks, and a boat ramp with accessory pier. The shoreline is hardened with a seawall and riprap. Seagrass surveys conducted in August 2023 identified several continuous and patchy areas of shoal grass (Halodule wrightii) within the project limits and continuing to the east of the project site. The project site is surrounded by US-98/Miracle Strip Parkway to the north, commercial development with marinas to the east and west, and Santa Rosa Sound to the south. There is an existing Florida Power and Light (FPL) easement running north-south between the two proposed docks.
PERMIT HISTORY: The Department of the Army permit number SAJ-2007-03772, issued on July 1, 2024, authorized the replacement of the existing seawall. The State Programmatic General Permit (SPGP) issued on September 5, 2024, authorized the removal of the small (central) pier, the removal of the western section of the eastern dock, and the repair/replacement of the two western docks. (Note: The eastern dock is a marina extending from a different site to the east and is not part of the subject parcel or marina. As such, the remaining portion of the eastern dock would remain.)
PROPOSED WORK: The applicant is proposing to remove the two western docks and construct two docks (97 slips total), construct a travel pier, and dredge along the shoreline. The westernmost dock, “A” Dock, would be a fixed 52-slip dock consisting of a 6-foot by 458.6-foot access pier, a 6-foot by 76-foot terminal T-pier, eleven 4-foot by 40-foot finger piers, thirteen 4-foot by 30-foot finger piers, and 50 boat lifts. The two terminal slips would be for temporary mooring. The easternmost dock, “B” Dock, would be a 45-slip dock consisting of a 10-foot by 90-foot floating pier with ramps connected to a fixed 8-foot by 66.4-foot walkway with a 6-foot by 333-foot access pier, a 6-foot by 66-foot terminal T-pier, sixteen 4-foot by 30-foot finger piers, and 36 boat lifts. The seven slips along the floating pier and the two terminal slips would be for temporary mooring. The haul-out well would consist of two 4-foot by 55-foot fixed piers (with curb, concrete slab, and concrete pile caps) and fenders and vinyl sheet pile extending waterward from a 60-foot by 30-foot upland concrete wash pad. A total of five wood fender piles would be placed along the seawall, between the floating pier (Dock B) and the haul-out well. A total of 1,800 cubic yards of material would be mechanically dredged to -6 feet NAVD88 from two areas totaling 14,330 square feet (excluding the area within the FPL easement). The dredged material would be mechanically removed and placed in an upland spoil cell (DMMA) located in adjacent uplands without return waters to waters of the United States. The dredging would impact a total of 2,631 square feet of submerged aquatic vegetation (SAV) consisting of shoal grass (Halodule wrightii).
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 selected contractor will implement the Standard Manatee Conditions for In-Water Work. The contractor shall follow the USFWS and NMFS construction special provisions Sturgeon Protection guidelines issued September 2012. All debris will be removed from the stie on project completion. Turbidity curtains will be installed around the immediate work area and will be maintained during the extent of construction activity within the water column to ensure that water quality is not compromised. All requirements established in Chapter 62-302.300 F.A.C. Anti-degradation Policy as it pertains to surface water shall be adhered to throughout construction. The construction debris will be transported to an appropriate upland disposal site. Historical or archaeological artifacts such as, but not limited to, Indian canoes, arrow heads, pottery or physical remains, are discovered at any time within the project site, the County will immediately stop all activities that disturb the soil and notify the FDEP District Office and the Bureau of Historic Preservation, DHR. Construction will remain halted until cleared by the appropriate agency.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant provided a compensatory mitigation plan to offset the proposed 2,631 square feet of direct impacts to SAV. The proposed mitigation site consists of a 7,195.8- square foot area located approximately 1,750 feet west of the impact site. “The seagrass restoration within the mitigation site will consist of manual transplantation and natural recruitment. The Halodule wrightii within the impacted seagrass beds will be transplanted to the mitigation site using currently accepted techniques by a contractor with experience in seagrass restoration in Florida. Signs will be placed in the vicinity of the mitigation site to alert boaters to the newly planted seagrasses and prevent any damage to the seagrasses. Fertilizer spikes and bird stakes may be used to enhance the restoration process.”
“The transplant seagrasses will be collected in planting units that are 6 inches round by a specialized plugger and placed inside a 6 inch PVC tube then be placed on a float to maneuver throughout the proposed impacted area to minimize impacts… The transplants will be installed within the mitigation site using the same method. The number of transplants to the receiver site is determined by the required planting material that must be imported in order to achieve the desired expansion and survivability (approximately 4,850 per acre).” “The planting units will be installed at approximately 3 feet on center.” A reference site has been identified and monitoring plots would be located in the mitigation and reference site. “Post construction monitoring will then be conducted for five (5) years during summer growing season between June 1 and September 30. In total, seven (7) monitoring events will occur.”
A functional assessment [Uniform Mitigation Assessment Method (UMAM)] was utilized by the applicant to determine the amount of compensatory mitigation needed to offset adverse impacts to SAV.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect West Indian manatee (Trichechus manatus), Gulf Sturgeon (Acipenser oxyrinchus desotoi), smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostris), and swimming sea turtles, including green turtle (Chelonia mydas), hawksbill (Eretmochelys imbricate), Kemp’s ridley turtle (Lepidochelys kempii), leatherback turtle (Dermochelys coriacea), loggerhead turtle (Caretta caretta). The Corps will request U.S. Fish and Wildlife and the 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 directly impact 0.33 acre of estuarine subtidal habitat due to dredging (includes 0.06 acre of impact to SAV) and 0.29 acre of estuarine subtidal habitat due to shading utilized by various life stages of 2 shark species (blacktip, bull), four shrimp species (brown, white, pink, Royal red), coastal migratory pelagic species, red drum, and 43 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.
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.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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 North Jefferson Street, Suite 301, Pensacola, Florida, 32502 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, Holly Millsap, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, FL 32502, by electronic mail at Holly.M.Millsap@usace.army.mil, or by telephone at (850) 470-9823.
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. A permit will be granted unless its issuance is found to be contrary to the public interest.
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.
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.