SAJ-2023-00531 (SP-EPS)

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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). The purpose of this public notice is to solicit comments from the public regarding the work 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 edward.p.sarfert@usace.army.mil

APPLICANT: City of Gulf Breeze

                          c/o Roger Jackson

                          Parks and Recreation Director

            1070 Shoreline Drive

            Gulf Breeze, FL 32561

AGENT:          Jeff Huggins

                          Baskerville-Donovan, Inc.

                          449 W. Main St.

                          Pensacola, FL 32561

WATERWAY AND LOCATION:  The project would affect navigable waters of the United States associated with Santa Rosa Sound.  The project/review area is located at Shoreline Park in Section 06, Township 03 South, Range 29 West; at Latitude 30.351260° and Longitude -87.174636°; in Gulf Breeze, Santa Rosa County, Florida.

EXISTING CONDITIONS: The project site is immediately adjacent to the existing dock and boatramps at Shoreline Park South.  The conditions include sandy bottom in the locations of the proposed structures.  Submerged aquatic vegetation is located nearby with the limits of this vegetation visible on aerial photography.

PROJECT PURPOSE:

Basic: Increased recreational fishing and boating access.

Overall:  Increased recreational fishing and boating access to Santa Rosa Sound from Shoreline Park South.

PROPOSED WORK:  The applicant requests authorization to construct a 380 square foot floating kayak launch, with a 205 square foot floating dock and 225 square foot gangway, 18 Ecodisk-type, piling-supported wave attenuators, and 90 linear feet of wooden fenders.  Each wave attenuators would use a single 10-inch composite pile, and the floating kayak launch, dock and gangway would use a total of four 12-inch by 12-inch concrete piles attached to aluminum external pile guides.      

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The purpose of the FWC Commission grant funded project is to increase the recreational fishing opportunities for residents and visitors by enhancing Shoreline Park South. The project includes features to increase the boating and fishing access to Santa Rosa Sound. The proposed new improvements include a floating ADA kayak launch, wave attenuators, a covered fish cleaning station with sanitary waste disposal, and safety upgrades including a wooden perimeter walkway. The proposed waterward features are designed to minimize the negative impact to waters of the United States. The ADA compliant floating kayak launch will have four piling supports and be sited to avoid sea bottom impacts yet adequately secure the feature in place. The wave attenuators are provided to protect the site from excess wave exposure and are constructed of natural materials that will enhance the marine habitat with ecological growth.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: No loss of aquatic environment function is expected.

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, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Gulf sturgeon and its critical habitat, green sea turtles, Kemp’s Ridley sea turtles, loggerhead sea turtles, hawksbill sea turtles, giant manta ray, and West Indian manatee.

Pursuant to Section 7 ESA, any required consultation with the Services will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would indirectly impact approximately 1100 square feet of sandy bay bottom. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

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 structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has been verified by Corps personnel.

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.  A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 13, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Ed Sarfert at edward.p.sarfert@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Ed Sarfert, 41 N. Jefferson Street, Suite 301, Pensacola FL, 32502.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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