SAJ-2024-00740 (SP-MZH)

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:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Santa Rosa Sound.  The project site is located at the Navarre Waste Water Treatment Plant (WWTP), at 1489 Utility Drive, Tax Parcel ID: 28-2S-26-0000-00100-0000, in Section 28, Township 2 South, Range 26 West, Navarre, Santa Rosa County, Florida.

PROJECT PURPOSE:  Basic:  The basic project purpose is shoreline stabilization and habitat enhancement.

Overall:  The overall project purpose is to construct a living shoreline project at the Navarre Waste Water Treatment Plant, Santa Rosa County, Florida.

EXISTING CONDITIONS: The project site is located in Santa Rosa Sound. The Navarre WWTP is located along the shoreline of Santa Rosa Sound, approximately 1 mile west of the Navarre Beach Causeway. The project location has approximately 1,600 linear feet of shoreline. Approximately 275 feet of seawall lined with riprap were installed by the County to protect the eroding shoreline. The remaining shorelines are natural with small pockets of vegetation growing along the sandy intertidal zone. The shoreline is not used by the public and has no immediate public access available. The shoreline currently suffers from coastal erosion, primarily because of regular wave action. The site experiences two to four high-water events per year on average. The most coastal retreat observed along the shoreline based on historic aerials of the site from 2013 through 2023 was 30.27 feet. This equates to an average erosion rate of 3.02 feet per year. The Navarre WWTP shoreline has been subject to beach erosion, compromising the integrity of the seawall that supports the WWTP facilities which are critical and important assets to the County.

PROPOSED WORK:  The applicant seeks authorization to construct a living shoreline. The living shoreline would be comprised of breakwaters, riprap, and marsh sill along approximately 1320 linear feet of shoreline. The project site is divided into three segments, described below.

The West Segment: The west segment would involve the discharge of 762 cubic yards of sand for the creation of a 0.24 acre marsh sill where planting of marsh vegetation would occur. Marsh planting would consist of 1,000 plugs smooth cord grass (Spartina alterniflora) planted on 1-foot centers within the sill. Limestone riprap/ 57 Stone (39 cubic yards) would be installed at the edge of the sill, in between breakwaters to secure the discharged sand and vegetation in place. The project also involves the construction of three (3) riprap breakwaters (217 cubic yards) to serve as shoreline projection from wave activity. The breakwaters measure 11.9-feet in width and range in length from 69.3 to 83.7-feet in length, constructed no further than 59.65 feet waterward of the Mean High Water Line, in water depths no deeper than -2 feet NAVD88.

The Central Segment: The central segment would involve the construction of three breakwaters, each measuring 36-feet (width) by 100-feet (length) for a total of 0.25 acre of fill. The breakwaters would be constructed no further than 92.3 feet waterward of the Mean High Water Line, in water depths no deeper than -3 feet NAVD88.

The East Segment: The east segment would involve the discharge of 3,231 cubic yards of sand for the creation of a 1 acre marsh sill. Marsh planting would consist of 4,400 plugs smooth cord grass (Spartina alterniflora) planted on 1-foot centers within the sill. Limestone riprap/ 57 Stone (104 cubic yards) would be installed at the edge of the sill, in between breakwaters to secure the discharged sand and vegetation in place. The project also involves the construction of five (5) riprap breakwaters (488 cubic yards) to serve as shoreline projection from wave activity. The breakwaters measure 11.9-feet in width and range in length from 100 to 148.8-feet in length, constructed no further than 91.3 feet waterward of the Mean High Water Line, in water depths no deeper than -2 feet NAVD88.

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:

“Best management practices (BMPs) for sediment and turbidity control will be incorporated to protect and preserve the existing water quality of Santa Rosa Sound and ensure turbidity values do not exceed background values.  Sediment control measures including silt fencing and turbidity barriers will be installed prior to commencement of any work, and maintained for the duration of the project, in accordance with the Florida Stormwater Erosion and Sediment Control Inspector’s Manual and State of Florida Erosion and Sediment Control Designer and Reviewer Manual, latest editions.”

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

“Although surface waters will be impacted, there will be no impervious surface added, and therefore, no required mitigation is anticipated for the living shoreline improvements. The intent of this project is to restore the historic shoreline with natural habitats lost due erosion from wave energy, including historical storms and hurricanes. The net result of this project is to have zero net fill based on the historic shoreline being much farther out from the current shoreline and this project proposes to restore these conditions.”

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 proposed project may affect but is not likely to adversely affect the Gulf Sturgeon or its designated critical habitat, West Indian Manatee, Giant Manta Ray, Piping Plover, Red Knot, and swimming sea turtles (Loggerhead, Hawksbill, Green, Kemp’s ridley). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination 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.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Santa Rosa Sound.  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 project is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant does 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 North Jefferson Street, Suite 301, Pensacola, Florida 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, Mia Hopkins, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502; by electronic mail at Maria.D.Zarbo@usace.army.mil; by; or, by telephone at (850) 439-3474 extension 5. 

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).

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.