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). 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: Northwest Florida Water Management District (District)
c/o Lyle Seigler
81 Water Management Drive
Havana, FL 32333
AGENT: Michael Mathews
Dewberry Engineers Inc
203 Aberdeen Parkway
Panama City, FL 32405
WATERWAY AND LOCATION: The project would affect navigable waters of the United States associated with the spring run of Cypress Spring. The project/review area is located at Latitude 30.658696° and Longitude -85.684499°; approximately three miles north of Vernon, Washington County, Florida.
EXISTING CONDITIONS: The project site surrounds a second magnitude spring accessible to the public by water only. Existing infrastructure consists of a failing outfall diversion pipe, a completely dilapidated and unusable boardwalk leading to upland portable toilet facilities and a drivable accessway from the uplands for use by police and emergency vehicles and by District staff.
PROJECT PURPOSE:
Basic: Shoreline stabilization and restoration, recreational access, and habitat protection.
Overall: To restore and stabilize shoreline areas, protect habitat, and enhance recreational access to the area surrounding the publicly accessible Cypress Spring.
PROPOSED WORK: The project includes the removal of an existing boardwalk and replacing it with a 6,553 sf/ 0.153 ac elevated boardwalk and two terminal observation/ access platforms designed to remove pedestrian impacts to the wetlands from the general public while visiting the springs; two (2) restoration planting areas (2353 sf/ 0.054 ac) around these proposed terminal observation/ access platforms to restore and enhance the wetlands from the degradation received from the public; removal and replacement of an existing 60” RCP water diversionary pipe with headwalls (337 sf/ 0.0077ac), rip-rap, diversion retaining wall and scourlock walls (425 sf/ 0.0098 ac, 70 sf/ 0.0016 ac); three (3) areas of shoreline stabilization to address erosion from pedestrian/ canoe and kayak impacts through the installation of mobi mats totaling 2,432 sf/ 0.0558 ac; the improvement of a ground level gravel emergency/ security accessway in uplands; and the installation of two (2) vaulted restroom facilities in uplands.
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 project has been reduced and redesigned to avoid and minimize impacts to the maximum extent practicable. In addition, turbidity curtains and other BMPs will be deployed to isolate the construction and restoration sites from ambient waters.
COMPENSATORY MITIGATION: The applicant offered the following explanation why compensatory mitigation should not be required:
The proposed project includes 0.054 acres of restoration planting that will enhance the current wetland function of those areas. However, the project ultimately does not contemplate loss to Waters of the United States therefore, no compensatory mitigation is being proposed.
CULTURAL RESOURCES:
The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determined that: No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.
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.
Choctaw bean, Fuzzy pigtoe, Southern kidneyshell, Southern sandshell, Tapered pigtoe, and Eastern indigo snake.
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. The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The proposed project is located in freshwater wetlands, which are located inland and upstream of tidal waters and EFH. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.
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 structures 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 has been issued from the Florida Department of Environmental Protection (FDEP)(0449184-002-EI/67).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence has been issued from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan (0449184-002-EI/67).
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 not 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 June 8, 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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