SAJ-2006-06254 (SP-TMM)

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   Terri.M.Mashour@usace.army.mil.

APPLICANT: Ricky Jones

                     Franklin County  Board of County Commissioners

                     33 Market Street, Suite 203

        Apalachicola, Florida 32322

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Gulf of Mexico.  The project site is located along the shoreline of the Gulf of America between range (R) monuments R-209 – R-217; from latitude 29.894419° and longitude -84.382523° to latitude 29.896870 longitude -84.358199 along Alligator Drive/County Road 370 in Alligator Point, Franklin County, Florida. The borrow area project site would be Borrow Area AP-3, which is located in the Gulf of America three nautical miles offshore of the project area to the south at latitude 29.8473 and longitude -84.3645.

EXISTING CONDITIONS: The  shoreline consists of sand along the coastline of the Gulf of America on a barrier island known as Alligator Point. The area is south of Alligator Harbor, which is an aquatic preserve, and south of Bald Point State Park. The area between R-210 and R-216 is designated by the Florida Department of Environmental Protection as critically eroded shoreline. The area between R-211.5 and R-214 is Alligator Drive which was repaved in 2023 after being washed over with sand. Rip rap was also replaced at that time under SAJ-2018-02262 from R-213 – R-214 and a bit beyond. However, the area from R-211 – R-213 was not included in the authorization. According to the applicant’s consultant, the rip rap material could have been placed as early as 1971 and could have been placed in uplands during a time when the beach was wider. From R-209 – R-2011.5 there are single family residential houses and from R-2014 to R-217 there are also residential houses. Only minimal vegetated dunes still exist. One residence is located on stilts in the water. Alligator Drive is now immediately adjacent to the water, with only the rip rap existing as protection. The National Wetlands inventory designates the shoreline as M2USP, which is estuarine and marine wetland. The Gulf of America is designated as M1UBL, which is estuarine and marine deepwater. There is no submerged aquatic vegetation at this location.  

PROJECT PURPOSE:

Basic:  Shoreline stabilization.

Overall: The overall project purpose is to dredge from an offshore borrow area and place sand along 1.5 miles of the navigable shoreline of the Gulf of America from R-209 – R-217 to stabilize the shoreline along a designated critically eroded beach in Alligator Point, Franklin County, Florida.

PROPOSED WORK:  The applicant requests a fifteen year authorization to conduct a one-time new dredging event and sand placement along the Gulf of America shoreline for 1.5 miles between R-209 – R-217 for shoreline stabilization as well as two maintenance events. The proposed work would include the following:

1. New dredging of 1.2 million cubic yards of sand from a 338 acre borrow area known as borrow area AP-3. The site would be dredged by a hydraulic cutterhead dredge and pipeline or hopper dredge with sublines to transport material to the shoreline. The borrow area would be dredged to a depth of -17 feet NAVD88 with an overdredge depth of -18-feet NAVD88.
2. Placement of 1 million cubic yards of sand into 73.8 acres (73.02 acres of open, marine waters from the mean high water line and waterward, 1.01-acre between the mean high water line to the high tide line, and 4.27 acres of uplands that would not be jurisdictional to the Corps, but would be reviewed for compliance with the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and Section 106 of the National and Historic Preservation Act).

The construction template for the Alligator Point shoreline would consist of a beach berm with a landward elevation of +5 feet, NAVD88 sloping to +4 ft, NAVD88 at the seaward berm crest then sloping to existing grade at 1V:20H. The minimum design template berm width ranges between 40 feet and 60 feet. The proposed beach berm width, including advanced nourishment and overfill, varies between approximately 110 feet and 210 feet. The construction template also includes a dune feature with an elevation of +12 feet, NAVD88, a dune crest width of 30 feet, a seaward slope of 1V:6H, and a landward slope of 1V:3H. The existing revetment between R-211 and R-214 would remain and would be buried by the proposed dune. The beach fill would extend approximately 1.3 miles (7,000 feet) from R-210 to R-216 with 1000 foot tapers on either side of the project limits to tie into the existing beach.

3. Dredge of approximately 360,000 cubic yards of sand from the 338 acre borrow area and placement of 300,000 cubic yards of sand into an estimated 50-acre template in up to two maintenance events in the event of erosion from episodic storm events.

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 will utilize beach compatible fill and best management practices, such as use of temporary shore-parallel sand dikes to promote sand deposition and decrease turbidity at the discharge location. Turbidity monitoring will be conducted in the vicinity of the dredge in the borrow area and at the beach fill discharge area throughout project construction in compliance with permit requirements.”

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: “Environmental investigations have shown there are no hardbottom or seagrass resources located within the vicinity of fill placement area or borrow area; therefore, no impacts will occur and no mitigation is proposed.”

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.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

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 National Regulatory Viewer 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.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

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 directly impact approximately 73.02 acres of open, tidal marine water. The effects of the project are determined to be minimal and temporary. 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. Water Quality Certification was received on May 11, 2011 and expired on May 12, 2016 under permit number 0269516-001-JC. It was then modified to extend through May 12, 2026, under permit number 0269516-001-JC. Lastly, on October 3, 2024, the permit was modified to extend the authorization by 15 years to October 3, 2039 under permit number 0269516-003-JN.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from Florida Department of Environmental Protection. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. Coastal Zone Consistency Concurrence was provided by the Florida Department of Environmental Protection on October 3, 2024, expiring October 3, 2039, under permit number 0269516-003-JN.

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. 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 or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. 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 September 30, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Terri M. Mashour at Terri.M.Mashour@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Terri M. Mashour, 701 San Marco Boulevard, Jacksonville, Florida 32207.  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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