SAJ-2014-01857-(SP-NDF)

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 Nicole.D.Fresard@usace.army.mil.

APPLICANT:    Matt Yonge

                          18 Lakeside Drive

                          Pensacola, Florida 32507

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Gulf of America. The project site is located at Lot 7 Good Times Drive, in Section 27, Township 7 South, Range 7 East; at latitude 29.84839° and longitude -83.619275°; in Dekle Beach, Taylor County, Florida.

EXISTING CONDITIONS: The project area at Lot 7 Good Times Dr, documented is a 0.12-acre single-family lot located along a low-energy coastal shoreline characterized by a mix of tidal flats and scattered salt-tolerant vegetation. The shoreline shows signs of prior modification, including the placement of riprap for bank stabilization. The site is located within an estuarine tidal aquatic system. Upland areas feature maintained grass, ornamental landscaping, and elevated residential structures built on pilings. The existing area surrounding the project consists of single-family residences and vacation homes, within a similar general waterward location. The property was eroded during the “No Name Storm” of 1993. This property was granted a Quit Claim Deed by the State of Florida, allowing land reclamation.

PROJECT PURPOSE:

Basic:  Residential development

Overall: To construct a single-family residence structure and associated docking facility in Dekle Beach.

PROPOSED WORK: The applicant proposes to remove the existing riprap along the waterward side of the property and discharge fill material into 1,385 square feet (0.03 acres) in waters of the United States to support for the re-construction of a single-family residence and stabilize the shoreline with a 50-foot-long concrete seawall and riprap revetment extending a maximum of 10 feet waterward of the new seawall. Approximately 885 square feet of fill would be placed within the property boundary for the homesite, and 500 square feet of riprap revetment would be installed along the 50-foot waterward property boundary. The applicant also proposes to construct a 968-square-foot dock consisting of a 4-foot-by-202-foot boardwalk, an 8-foot-by-20-foot terminal platform, and two uncovered 10-foot-by-20-foot boat slips with lifts.

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 applicant has indicated that the proposed fill area is the minimum necessary to comply with county requirements. To construct a home and abide by Taylor County’s setback regulations, the applicant is proposing to place 3,216 square feet of fill and 500 square feet of riprap in waters of the U.S. This includes applying to Taylor County for a variance from the front setback requirement of 35 feet to a setback of 20 feet. By obtaining a variance to the front setback, impacts to jurisdictional wetlands would be reduced.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes the purchase of mitigation credits from the Florida Gulf Coast Mitigation Bank. The mitigation scores and mitigation bank credit amount has not been finalized.

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 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 Choose an item..

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 0.03 acres of open marine waters. 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 1,000 feet away from the near bottom edge of the Intracoastal Waterway federal 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 October 10, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Nicole Fresard at Nicole.D.Fresard@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Nicole Fresard, 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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