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Public Notice of Application by CSX Transportation, Inc.

PUBLIC NOTICE OF APPLICATION
FOR COASTAL WETLANDS PERMIT
AND WATER QUALITY CERTIFICATION

CSX Transportation, Inc. has filed an application requesting after-the-fact permission to conduct regulated activities under the provision of the Coastal Wetlands Protection Law Act, Title 49, Chapter 27, Mississippi Code of 1972.

The applicant was previously authorized to replace an existing bridge along their rail line spanning Bayou Pierre in Gautier, Jackson County, MS. To accomplish the bridge replacement the applicant was authorized for the construction of a temporary work/crane pad which would impact approximately 0.029-acre of tidal marsh wetlands. The sheet-pile wall and associated fill material would be removed following completion of the project and the marsh allowed to return to pre-project conditions. Once installation of the sheet-pile wall was initiated it was discovered that the subsurface conditions at the site were unsuitable to provide the load-bearing support required by the crane if using the permitted temporary work/crane pad. The applicant was required to modify the work/crane pad by extending the sheet-pile wall an additional 2 feet waterward including additional soldier piles and H-piles for support for an increase in impacts to 0.037-acre. In addition to the modification of the work/crane pad, access to the work/crane pad required the addition of clean rock approximately 2 feet from the toe of the existing embankment resulting in an additional 0.012-acre of impacts. Total tidal marsh wetland impacts for the entire project were 0.049-acre. The applicant is requesting that the 0.049-acre impact be permanent due to concerns that removal of the work/crane pad has the potential to cause stabilization problems to the existing roadbed which could create an unexpected maintenance problem leading to more fill placed into the wetland.

Compensatory mitigation for the permanent impact to 0.049-acre of tidal wetlands will be provided by using excess wetland credit generated by the applicant at the former Gautier Oil Site (DMR-050504) which required that 2.14 acres of tidal wetlands be created/restored at the site. Per the final approved monitoring report dated February 22, 2016, 2.38 acres of created/restored tidal wetlands were documented on-site which is an additional 0.24-acre than what was required. The required mitigation for the proposed permanent impacts associated with the bridge replacement project would be 0.147-acre (3:1 ratio), thus the 0.24-acre excess created as part of the permit requirements for DMR-050504 exceed this requirement.

The applicant is requesting variances from Chapter 8, Section 2, Part III.O.1 of the Mississippi Coastal Program (MCP) which states, “Permanent filling of coastal wetlands because of potential adverse and cumulative environmental impacts is discouraged”; Miss. Admin. Code Title 22, Part 23, Chapter 8, Section 114.01 which states, “Permanent filling of coastal wetlands below the mean high tide line because of potential adverse and cumulative environmental impacts is not authorized”; Chapter 8, Section 2, Part III.O.2 of the MCP which states, “Areas containing submerged vegetation or regularly flooded emergent vegetation shall not be filled”; and Miss. Admin. Code Title 22, Part 23, Chapter 8, Section 114.03 which states, “Sensitive coastal wetlands must not be filled.” This public notice and project diagrams may be accessed on MDMR’s website at: http://www.dmr.ms.gov/index.php/coastal-resources-management/wetland-permitting.

In compliance with Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1251, 1341), as amended by PL 95-217, the applicant will request certification from the Office of Pollution Control that the above mentioned activity will be in compliance with applicable provisions of Section 301 (33 U.S.C. 1311), Section 302 (33 U.S.C. 1312), Section 303 (U.S.C. 1313), Section 306 (U.S.C. 1316), and Section 307 (U.S.C. 1317) of the Act and appropriate requirements of the State Law.

A public hearing will be held on April 9, 2019 at 5:30 p.m. at the Gautier Public Library Conference Room located at 2100 Library Ln, Gautier, MS 39553. The public hearing will not be a question and answer session but will be a medium for concerned parties to make comments about the proposed project for the public record. Prior to the hearing the applicant’s representatives will be available for questions regarding the proposed project. More information on the application can be obtained at the DMR office at 1141 Bayview Avenue, Biloxi, MS, 39530, or by calling 228-523-4109. Any person wishing to make comments or objections to the proposed regulated activity must submit those comments in writing to the Department of Marine Resources at 1141 Bayview Avenue, Biloxi, Mississippi 39530 before 1:00 p.m. on the day April 29, 2019.

[Application and Diagrams]

 

 

Public Notice of Application by the Harrison County Government

PUBLIC NOTICE OF APPLICATION
FOR COASTAL WETLANDS PERMIT
AND WATER QUALITY CERTIFICATION

Harrison County Government has filed an application with the Department of Marine Resources requesting permission to conduct regulated activities under the provision of the Coastal Wetlands Protection Act, Title 49, Chapter 27, Mississippi Code of 1972.

The applicant is proposing to construct a public boat ramp and to dredge 75,000 cubic yards of material to create a queuing basin and restore an existing channel in the Mississippi Sound. The applicant is proposing to place dredge material on the sand beach in Biloxi, Mississippi. The project components include two boat ramps, each 32 feet wide by 90 feet long; three finger piers along the boat ramps, each 7 feet wide by 110 feet long; 80 feet of bulkhead connecting the boat ramps to a proposed rock jetty and the existing rock jetty; and a parking lot constructed on the sand beach. The proposed rock jetty will measure 1,032.3 feet in length, with a base width of 36 feet and a top width of 6 feet. The construction of the parking lot will require fill of 52,898 square feet of Coastal Wetlands currently consisting of sand beach and dune vegetation. Mitigation for some impacts may be required. The project is located on Beach Boulevard near Camilla Street, Biloxi, Harrison County, MS.

The applicant will have to request variances to MDMR’s Guidelines for Regulated Activities, specifically to Chapter 8, Section 2, Part III.O.1. of the Mississippi Coastal Program (MCP) which states, “Permanent filling of coastal wetlands because of potential adverse and cumulative environmental impacts is discouraged” and Chapter 8, Section 2, Part III.B.3. of the MCP which states, “Fill for boat ramp surfaces shall be a minimum necessary to meet project requirements and shall not exceed 100-cubic yards of fill material (concrete, shell, etc.)”

The applicant has justified these requests under Chapter 8, Section 2, Part I.E.2.c.iv. of the MCP by stating that "the activity requires a waterfront location, there is a significant public benefit in the activity, and a public hearing will be held.”

In compliance with Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1251, 1341), as amended by PL 95-217, the applicant will request certification from the Office of Pollution Control that the above mentioned activity will be in compliance with applicable provisions of Section 301 (33 U.S.C. 1311), Section 302 (33 U.S.C. 1312), Section 303 (U.S.C. 1313), Section 306 (U.S.C. 1316), and Section 307 (U.S.C. 1317) of the Act and appropriate requirements of the State Law.

Any person wishing to make comments or objections to the proposed regulated activity must submit those comments in writing to the Department of Marine Resources by mail to 1141 Bayview Avenue, Biloxi, Mississippi 39530; by fax to 228-374-5008; or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. before 1:00 p.m. on the day April 19, 2019.

[Application and Diagrams]

Public Notice for a Permit by the City of Biloxi for Sherman Canaan Commercial Harbor

PUBLIC NOTICE OF APPLICATION
FOR COASTAL WETLANDS PERMIT
AND WATER QUALITY CERTIFICATION

The City of Biloxi has filed an application with the Department of Marine Resources requesting permission to conduct regulated activities under the provision of the Coastal Wetlands Protection Law Act, Title 49, Chapter 27, Mississippi Code of 1972.


The applicant is proposing to reconfigure the Sherman Canaan Commercial Harbor. Approximately 33,425 cubic yards of material will be dredged from within the existing harbor footprint. The applicant has requested a 10-year permit to conduct the dredging and perform maintenance dredging. The existing piers and mooring pilings will be removed to allow the reconfiguration. The applicant is proposing to excavate 8,285 square feet of uplands and to fill 852 square feet of waterbottoms. Impacts to 689.3 square feet of tidal marsh is also proposed, but 2,070 square feet of marsh is proposed to be created south of the existing boat ramp to mitigate for the marsh impacts. A bulkhead 880 linear feet in length will be constructed, and 298 linear feet of a retention wall will be constructed to help stabilize the unimpacted marsh near the dredging limits. The applicant has proposed 14 new mooring pilings each approximately 50-65 feet north of the proposed bulkhead.
The applicant has requested a variance to Chapter 8, Section 2, Part III.A.2. of the Mississippi Coastal Program which states, "To minimize the necessity of dredging, docks and piers shall be of sufficient length to reach navigational depths adequate for the proposed use of the dock or pier"; Chapter 8, Section 2, Part III.C.1. which states, "Marinas and boat slips shall be located in areas where minimal initial and maintenance dredging will be required"; Chapter 8, Section 2, Part III.D.3. which states, "Vertical face structures shall be aligned no further waterward than mean high tide..."; Chapter 8, Section 2, Part III.O.1. which states, "Permanent filling of coastal wetlands because of potential adverse and cumulative environmental impacts is discouraged"; and Chapter 8, Section 2, Part III.O.2. which states, "Areas containing submerged vegetation or regularly flooded emergent vegetation shall not be filled". The project is located on Back Bay of Biloxi at 578 Bayview Avenue in Biloxi, Harrison County, MS.


This public notice, project diagrams, and a copy of the full application may be accessed on MDMR's website at http://www.dmr.ms.gov/index.php/coastal-resources-management/wetland-permitting.
In compliance with Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1251, 1341), as amended by PL 95-217, the applicant will request certification from the Office of Pollution Control that the above mentioned activity will be in compliance with applicable provisions of Section 301 (33 U.S.C. 1311), Section 302 (33 U.S.C. 1312), Section 303 (U.S.C. 1313), Section 306 (U.S.C. 1316), and Section 307 (U.S.C. 1317) of the Act and appropriate requirements of the State Law.


Any person wishing to make comments or objections to the proposed regulated activity must submit those comments in writing to the Department of Marine Resources at 1141 Bayview Avenue, Biloxi, Mississippi 39530 before 1:00 p.m. on the day October 10, 2018.

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PUBLIC NOTICE OF APPLICATION FOR COASTAL WETLANDS PERMIT AND WATER QUALITY CERTIFICATION

PUBLIC NOTICE OF APPLICATION
FOR COASTAL WETLANDS PERMIT
AND WATER QUALITY CERTIFICATION

The City of Ocean Springs has filed an application requesting permission to conduct regulated activities under the provision of the Coastal Wetlands Protection Law Act, Title 49, Chapter 27, Mississippi Code of 1972.

The applicant is proposing a pilot shoreline restoration project consisting of a living shoreline, beach renourishment, marsh creation, and deployment of oyster/reef balls along a 365-foot section of Front Beach on the Mississippi Sound in Ocean Springs, Jackson County, MS. The applicant states the project will serve four purposes: reduce erosive forces on the beach, create a marsh and oyster reef habitat surrounding the existing outfall structure, mitigate frequent upstream flooding, and improve water quality around the outfall locations. An approximate 40-foot wide section of beach stretching the entire project length shall be restored along with an additional 12-foot-wide section of proposed new beach. In the tidal zone, just waterward of this newly created portion of beach is a proposed 16-foot-wide area of marsh plantings to stabilize the beach and trap drifting sediment. The living shoreline component of the project will consist of a marsh sill constructed with engineered erosion control matting which functions as a planting medium for marsh vegetation and is designed to withstand wave action. The final component of the project will be the installation of approximately twenty (20) reef/oyster balls along an existing outfall structure to encourage invertebrate attachment. Approximately 0.4 acres of unvegetated coastal wetlands will be impacted by the project and approximately 1,920 cubic yards of material will be needed to complete the proposed project. The applicant is requesting a variance from Chapter 8, Section 2, Part III.O.1 of the Mississippi Coastal Program (MCP) which states: “Permanent filling of coastal wetlands because of potential adverse and cumulative environmental impacts is discouraged.” This public notice and project diagrams may be accessed on MDMR’s website at : http://www.dmr.ms.gov/index.php/coastal-resources-management/wetland-permitting.

In compliance with Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1251, 1341), as amended by PL 95-217, the applicant will request certification from the Office of Pollution Control that the above mentioned activity will be in compliance with applicable provisions of Section 301 (33 U.S.C. 1311), Section 302 (33 U.S.C. 1312), Section 303 (U.S.C. 1313), Section 306 (U.S.C. 1316), and Section 307 (U.S.C. 1317) of the Act and appropriate requirements of the State Law.
Any person wishing to make comments or objections to the proposed regulated activity must submit those comments in writing to the Department of Marine Resources at 1141 Bayview Avenue, Biloxi, Mississippi 39530 before 1:00 p.m. on the day March 4, 2019.

[Download PDF]