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 lauren.k.pohlmann@usace.army.mil.
APPLICANT: Jayme Nabors
6-14 Miracle Street Parkway, LLC
6622 E Broad Street
STE A
Douglasville, GA 30134
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Santa Rosa Sound. The project site is located at 12 Miracle Strip Parkway Southwest; at latitude 30.403060° and longitude -86.615253°; in Fort Walton Beach, Okaloosa County, Florida.
EXISTING CONDITIONS: The project site is located in Santa Rosa Sound. The uplands associated with this project are developed property owned by 6-14 Miracle Strip Parkway LLC. The waters here contain a mix of sandy bottom and submerged aquatic vegetation beds. The site features a hardened shoreline with a seawall and an existing commercial marina currently supporting one hundred and thirty (130) slips. The marina consists of a dock running parallel to the shoreline with four piers extending perpendicular from the shoreline. The western-most pier is owned by a separate entity and is not included in the modification plans. The marina was damaged by a hurricane and is being modified and rebuilt. A portion of the new work has already been completed.
PROJECT PURPOSE:
Basic: marina/boat storage facility
Overall: Rebuild, reconfigure and expand an existing 130 slip marina in Fort Walton Beach, Okaloosa County, Florida
PROPOSED WORK: The applicant requests authorization to modify and rebuild a marina. Part of the structure was rebuilt and will remain in place and be extended. The western dock, Dock A, will consist of a 308-foot by 5-foot access pier, 14-foot by 14-foot terminal platform, 64-foot by 6-foot catwalk, and a 43-foot by 15-foot flexible mooring area resulting in forty-eight (48) slips. The central dock, Dock B, will consist of a 308-foot by 5-foot access pier, 25-foot by 6-foot catwalk, 22-foot by 20-foot terminal platform, and 60-foot by 6-foot catwalk resulting in fifty-four (54) slips. The eastern dock, Dock C, will consist of a 275-foot by 5-foot access pier, 155.1-foot by 12-foot terminal platform, and a 155.1-foot by 12-foot flexible mooring area resulting in thirty-eight (38) slips. The three docks will extend from a 296-foot by 10-foot main access pier running parallel to the shoreline. Two 30-foot by 8-foot floating jet-ski docks will be located on the waterward side of the main access pier between Dock A and B and between Dock B and C. A 39-foot by 10-foot pier will connect the main access pier to the shore. Nine hundred and twenty-two (922) mooring pilings will be installed to support the dock and one hundred and forty (140) boat slips. Forty-six (46) slips along Dock A will be covered by a roof, and the remaining ninety-four (94) slips will be uncovered. All piles will be installed via impact hammer. The area of the marina and all features will total 14182 square feet.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“As part of our commitment to protecting the aquatic environment during the completion of the marina project, we have implemented several measures aimed at avoiding and minimizing environmental impacts. Although the marina was previously permitted and is partially constructed, we remain dedicated to responsible development practices. We are utilizing construction methodologies that limit disturbance to the surrounding aquatic environment. This includes scheduling construction activities during periods that minimize potential impacts on local wildlife, particularly during spawning and migration seasons. We are employing a range of BMPs designed to protect water quality and aquatic habitats throughout the construction process. These practices include installation of silt fencing and sediment barriers to prevent runoff and sedimentation into adjacent water bodies, implementing strict protocols for the management of debris and construction materials to ensure that they do not enter the water, and conducting regular water quality assessments during construction to promptly identify and address any potential impacts. We are taking measures to protect existing habitats within and around the construction area. This includes delineating sensitive areas and ensuring that construction activities remain outside of these zones. We have actively engaged with local stakeholders and the community to ensure that their concerns are heard and addressed. This collaboration enhances our ability to minimize impacts and fosters a shared commitment to environmental stewardship. We are committed to adaptive management practices, allowing us to respond effectively to any unforeseen impacts during construction. Should any issues arise, we will implement corrective measures immediately. Through these efforts, we aim to complete the marina project while maintaining our commitment to protecting the aquatic environment and ensuring the sustainability of local ecosystems.”
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
“The marina design incorporates best management practices to minimize ecological disturbance. The anticipated impacts on local habitats are limited and manageable, indicating that compensatory mitigation is unnecessary. BMP’s include turbidity barriers and monitoring and driving piles instead of jetting. The marina will provide significant economic benefits and recreational opportunities for the community. These benefits, including increased tourism and access to water-based activities, outweigh the environmental impacts and support local economies.”
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 were used 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, leatherback sea turtles, hawksbill sea turtles, giant manta ray, and West Indian manatee.
Pursuant to Section 7 ESA, any required consultation with the Service(s) 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 0.2 acres of submerged aquatic vegetation and 3.898 acres 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 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 July 7, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Lauren Pohlmann at lauren.k.pohlmann@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Lauren Pohlmann, 41 North Jefferson Street, Suite 301, Pensacola, Florida 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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