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 o 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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Tracey.LWheeler@usace.army.mil.
APPLICANT: The St. Joe Company
Attention: Mr. Patrick Murphy
130 Richard Jackson Boulevard, Suite 200
Panama City Beach, FL 32407
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Gulf Intercoastal Waterway (GIWW) and West Bay. The project site is located in the Latitude Margaritaville WaterSound (LMWS) development, south of Latitude Boulevard and west of the LMWS Town Center in Section 17, Township 02 South, Range 16 West, Panama City Beach, Bay County, Florida.
Directions to the site are as follows: From Panama City Beach, at the intersection of
Richard Jackson Boulevard and US Highway (HWY) 98, travel west approximately 5.2 miles on US HWY 98 West. Turn right onto North Arnold Road and continue for 6.1 miles, then turn left onto Latitude Boulevard. Continue for 0.8 miles to reach the traffic circle at the end of the paved portion of Latitude Boulevard. Take the second exit to reach the project site. To reach the shoreline, continue down an unpaved roadway for approximately 0.2 miles.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.311684°
Longitude -85.870485°
PROJECT PURPOSE:
Basic: Recreational boating access and shoreline stabilization.
Overall: To provide recreational access to the GIWW and Gulf of Mexico to include boat storage and launching facilities for residents of LMWS and their guests.
EXISTING CONDITIONS: The project would affect waters of the United States associated with West Bay and GIWW. No submerged vegetation or oyster beds occur within the project area. Shallow areas along the edge of the Gulf Intracoastal Waterway are vegetated with salt marsh species including smooth cordgrass and black needle rush. Forested, freshwater wetlands also occur on and adjacent to the project site, with the dominant vegetation including slash pine, dahoon holly, swamp titi, black tupelo, pond cypress, peelbark St. Johnswort, gallberry, fetterbush, Carolina redroot, Richard's yellow eyed grass, Elliott southern waxy sedge, and other sedges and panic grasses. The existing area surrounding the project area consists of undeveloped land and a mixed-use development within the uplands, and salt marsh and surface waters along the waterfront.
The proposed marina would be located southwest of the LMWS residential development, north of an existing dredged material island within the GIWW, approximately 62 feet landward of the near edge of the channel. The LMWS is a planned development that is projected to contain over 3,500 homes upon completion. The marina would provide recreational access to adjacent waters and the Gulf of Mexico for residents and their guests.
PROPOSED WORK: The applicant seeks authorization to replace an existing observation pier with a multi-slip marina with adjacent dry dock storage, a haul out facility, vertical seawall, and a shore parallel marsh sill. The applicant also seeks authorization to construct a haul out well, dredge portions of the Gulf Intracoastal Waterway outside of the federal navigation channel limits and install pile-supported navigation aids/no mooring signs.
The marina would consist of 6 mooring areas with a total of 26 slips. The proposed docking facility would include a 90’ x 8’ fixed timber access dock, a 61’x10’ concrete floating dock connected to a 304’ x 10’ concrete floating dock that includes (2) 50’ long by 20 ‘ wide sections to house dock utilities, a 80’ x 10’ floating dock, a 50’ x 10’ floating dock connected to a 400’ x 10’ floating dock that includes (1) 20’ long by 20’ wide section to house dock utilities, (4) 30’ x 6’ aluminum gangways, (58) 18” round steel or composite piles, and (6) 10” round timber piles. Construction of this facility would result in impacts to 10,264.9 square feet (SF) of estuarine waters.
The proposed shoreline stabilization consists of an 886’ x 3’ steel sheet pile wall with a reinforced concrete cap, a 450’ long shore-parallel marsh sill south of the proposed haul out well, and salt marsh vegetation plantings in various locations behind the marsh sill. The marsh sill would include 10’ gaps every 60’ along the structure and would be constructed of limestone, granite, concrete armor stones, or suitable oyster cultch. Salt marsh plantings would include replanting of any salt marsh vegetation impacted by project construction, as well as planting of native species such as Spartina alterniflora or Juncus roemerianus obtained from an authorized nursery. Construction of the marsh sills and marsh plantings would impact 4,113.4 SF of shallow water habitat resulting from the discharge of 583 cubic yards (CY) of fill material.
Construction of the sheet pile walls would be 119.5 SF. Total SF of the scour protection in-water/wetlands would be 808.3 SF. Total CY of fill from scour protection in-water/wetlands would be 30 CY. The proposed haul out well would consist of a shore perpendicular 70.5’ x 1.5’ steel sheet pile wall, a shore perpendicular 52.1’ x 1.5’ steel sheet pile wall, and 325’ x 6’ stone scour protection. One end of each of the shore-perpendicular sheet pile walls would connect to the 886’ x 3’ shore-parallel sheet pile wall to form the extents of the haul out well.
The applicant proposes to remove 26,940 CY of material from a 160,552 SF area within the project footprint. The dredge footprint includes excavating the entire marina footprint and the haul out well to a depth of -6.5’ (+1’ allowable overdredge). Outside the haul out well, the landward edge of the dredge footprint would tie into the adjacent grade while seaward edge would tie into the existing -6.5’ (7.5’ with allowable overdredge) contour. Dredged materials would be transferred to an on-site temporary Dredged Material Management Area (DMMA) which would be located entirely within the uplands. Material would be allowed to dewater and would be transferred to the Steelfield Landfill for permanent disposal. Pile-supported signs include 7 navigational aids to help boaters safely navigate from the proposed marina to the GIWW, as well as 2 no mooring signs.
Other features proposed within the uplands include an access roadway connecting Latitude Boulevard to the marina, a 106-space parking lot for the marina (no boat-trailer parking), a dry stack facility with a 250-boat capacity, 2 gravel boat-staging areas, a gravel utility area, 3 concrete forklift access pads, 3 concrete pads for fuel storage, a lift station, dumpsters, a reinforced concrete pad capable of supporting the launch and retrieval of vessels in and out of the haul-out well, 3 concrete sidewalks, a concrete Americans with Disabilities Act (ADA)-compliant access ramp/landing, and 2 stormwater treatment facilities. Construction of the proposed access road and stormwater treatment facilities would result in impacts to 0.12 acre of wetlands.
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:
- Marina Size and Scope: The overall size and scope of the marina has been minimized from 87 slips that were proposed during the pre-application meetings to the current design that includes 26 slips.
- Haul-Out Well Siting: The haul-out well has been sited to minimize impacts to adjacent salt marsh vegetation.
- Fixed Access Dock: Grated decking would be used where practicable. The marina requires at least one ADA-compliant access walkway, which, necessitates the switchbacks shown on the drawings.
- Additional Wetland Impacts: Unavoidable impacts are associated with construction of the sheet pile walls and grading for the access road. Impacts associated with the access road should be minimized through the use of silt fencing.
- Salt Marsh Restoration: Approximately 1,675 SF of salt marsh vegetation would be planted landward of the proposed marsh sills. Where possible, wetland vegetation identified for permanent impact would be removed prior to construction and replanted. If necessary, additional plants may be purchased from a registered nursery.
- Facility Management: The project excludes fish cleaning stations and live-aboard slips. A facility management plan would ensure water quality standards are maintained during the operational phase.
- Turbidity Control: Turbidity curtains would be used to contain any potential turbidity within the work area. The contractor would monitor and maintain turbidity and erosion control devices following Florida Department of Environmental Protection (FDEP) protocol and Best Management Practices (BMP).
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- Construction Conditions: The project would be constructed using the Standard Manatee Conditions for In-Water Work, the Sea Turtle and Smalltooth Sawfish Construction Conditions, and as applicable Jacksonville District Biological Opinion (JAXBO) Project Design Criteria (PDCs) for in water Activities. The applicant shall perform work during daylight hours and adhere to the National Marine Fisheries Service’s “Protected Species Construction Conditions, National Oceanic and Atmospheric Administration (NOAA) Fisheries Southeast Regional Office,” dated May 2021, and the “Vessel Strike Avoidance Measures and Reporting for Mariners”, revised May 2021, for marine turtles and marine mammals. The applicant shall also abide by Noise BMPs for Piling Installation to reduce the exposure to sea turtles, smalltooth sawfish, and manatees to potential harmful daily noise exposure levels associated with pile driving during dock construction activities, which may include noise attenuation piles and/or bubble curtains. If these noise abatement measures cannot be used, then the pile installation would follow Noise BMP Plan for Sea Turtle, Smalltooth Sawfish, and Sturgeon Construction Conditions.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
There is no known Submerged Aquatic Vegetation (SAV) or submerged historic resources that exist within the proposed limits of the project. Due to the minimal impacts (740 SF) to jurisdictional wetlands, proposed salt marsh vegetation plantings, and significant avoidance and minimization efforts, no formal compensatory mitigation is proposed.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 West Indian manatee, eastern indigo snake, eastern black rail, Gulf sturgeon, green sea turtle, loggerhead sea turtle, and Kemps ridley sea turtle or its designated critical habitat. The Corps will request U.S. Fish and Wildlife and 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. The proposal would impact approximately 4.08 acres of shallow estuarine waters and tidal marsh utilized by various life stages of coastal migratory pelagics, red drum, and shrimp. 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 62 feet away from the near bottom edge of the Intracoastal Waterway federal 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 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 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, 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 would 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 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 FDEP. The project is being reviewed under FDEP application no. 0391182-004-EI St. Joe Marina.
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.
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