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SAJ-2019-01849 (SP-MDZ)

Jacksonville District
Published April 27, 2023
Expiration date: 5/24/2023

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) as described below:

APPLICANT:  Naval Air Station Pensacola

                       C/O Thomas Solether

                       310 John Tower Road

                       Pensacola, Florida 32508

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Pensacola Bay.  The project site is located at three sites adjacent to Naval Air Station (NAS) Pensacola. Site A, referred to as White Island, is located adjacent to the northeastern limits of the base, at the intersection of Pensacola Bay, Bayou Grande, and Davenport Bayou. Site B, referred to as Eastern Shore, is located along the eastern shore of the base, in Pensacola Bay. Site C, referred to as Sherman Inlet, is located along the southern shore of the west side of the base, in Pensacola Bay.

APPROXIMATE CENTRAL COORDINATES:        

Site A: Latitude 30.376117°, Longitude -87.268244°

Site B: Latitude 30.368954°, Longitude -87.265273°

Site C: Latitude 30.336859°, Longitude -87.317587°

PROJECT PURPOSE:

Basic: The basic project purposes include habitat restoration, shoreline stabilization, enhancing recreation, improving navigation, and enhancing a military exclusion zone.

Overall: The overall project purpose is enhancement of the coastal environment to restore habitat, stabilize shorelines, improve recreation, improve navigation, and enhance the military exclusion zone, at three sites adjacent to Naval Air Station Pensacola, in Pensacola Bay, Escambia County, Florida.

EXISTING CONDITIONS: 

Site A consists of the remnants of White Island, submerged sandy bottom, and part of the Bayou Grande channel.  White Island is situated at the intersection of Pensacola Bay, Bayou Grande, and Davenport Bayou, immediately north of the Bayou Grande channel and Magazine Point. The island is visible from neighboring residential developments to the west and to the north. Much of White Island has been lost to erosion over the past 20 years.  Dredging of the Bayou Grande channel and construction of the jetty at Magazine Point have reduced sediment supply, resulting in erosion during normal and storm conditions.  The remaining island continues to support dune vegetation and is used for recreation.  Water depths range from 1 to 3 feet in much of the project area.

Site B is located adjacent to the eastern shoreline of NAS Pensacola, from Magazine Point, extending approximately 8,495 feet south. Site B consists primarily of submerged, unvegetated, sandy bottom. A small patch of sparse Halodule wrightii was observed at Site B during a 2021 sea grass survey and is depicted on sheet 16 of the drawings. Water depths at Site B range from 1 to 3 feet, and the submerged bottom is characterized by a relatively broad and shallow, gently sloping shelf adjacent to the shoreline. A review of historic imagery and maps indicate substantial shoreline retreat caused by natural erosion and episodic erosion during storm events.  Substantial changes to the shoreline have occurred since 1961 and further erosion is anticipated to continue based on current site conditions. A 50-foot-wide strip of land along the shoreline of Site B was dedicated to the United States of American by the Trustees of the Internal Improvement Fund of the State of Florida in May 1968. A 500-foot-wide exclusion zone exists along the eastern shoreline of NAS Pensacola, pursuant to Title 33 Code of Federal Regulations, Part 334.778.  The exclusion zone is marked by buoys, as depicted on the drawings, and prohibits public access to the shoreline of NAS Pensacola.

Site C is located along the southern-southwestern shoreline of NAS Pensacola, adjacent to Sherman Inlet and S Blue Angel Parkway.  Site C extends approximately 6,637 feet along the shoreline of Pensacola Bay. Site C consists primarily of submerged, sandy bottom.  Sparse patches of Halodule wrightii were observed at Site C during a 2021 sea grass survey and are depicted on sheets 32 and 33 of the drawings. Water depths at Site C range from 3 to 5 feet through most of the project area and the submerged bottom is characterized by a relatively broad and shallow, gently sloping shelf adjacent to the shoreline. A portion of the Intracoastal Waterway passes between the southern extent of Site C and Robertson Island. A review of historic imagery and maps indicate substantial shoreline retreat caused by natural erosion and episodic erosion during storm events. A 50-foot-wide strip of land along the shoreline of Site C was dedicated to the United States of American by the Trustees of the Internal Improvement Fund of the State of Florida in May 1968. A 500-foot exclusion zone, as depicted on the drawings, is marked by buoys and prohibits public access to the shoreline of NAS Pensacola.

PROPOSED WORK: 

Site A:  Proposed work at Site A would include dredging an access channel, construction of breakwaters and rock piles, dredging to facilitate navigational access and to improve water circulation, restoration of White Island and creation of eight (8) marsh islands, construction of submerged reefs, installation of navigational aids, and planting native vegetation. A complex of low elevation breakwaters, rock piles, and submerged rock reefs would be constructed at Site A for wave attenuation and habitat protection for the intertidal marsh cells. Approximately 3,458 cubic yards of rock would be placed over 1.3 acres of the bay for construction of five (5) breakwaters.  Breakwaters would range from 259 to 366 feet in length by 34 to 38 feet in width at its base by 7 to 10 feet in height.  Approximately 885 cubic yards of rock would be placed for construction of 14 rock piles over 0.33 acre of the bay.  Two clusters of rock piles are proposed. One cluster would be comprised of nine (9) individual rock piles, each measuring 35 feet in length by 6 to 7 feet in height. There would be a minimum 13-foot gap between each rock pile to allow for passage of species and water flushing to occur. The second cluster would be comprised of five (5) rock piles, each measuring 35 feet in length by 6 to 7 feet in height. There would be a minimum 38-foot gap between each pile. Approximately 371,693.69 cubic yards of sandy material would be dredged from 60.52 acres to a depth of -7.5 feet NAVD 88 (7.21 feet below Mean Low Water (MLW)). Of that, 57.42 acres (360,790.00 cubic yards) would be dredged from the main site, and 3.10 acres (10,903.69 cubic yards) would be dredged from the existing access channel. All dredged slopes would be 4:1, except for the north slope that would have a 10:1 slope. The access channel measures 1,350 feet in length and has a maximum top width of 100 feet and a maximum bottom width of 36 feet. Approximately 371,693 cubic yards of dredged, sandy material would be placed over 51.71 acres of Pensacola Bay for restoration of White Island and creation of eight marsh islands.  Of that volume, approximately 188,205.00 cubic yards would be discharged below the Mean High Water Line (MHWL) of Pensacola Bay and approximately 183,488.69 cubic yards would be placed above the MHWL on the restored and newly created islands to establish design elevations. Tidal creeks would be established between the marsh islands. Approximately 6,347 cubic yards of rock would be placed over 2.38 acres of the bay to create five (5) submerged rock reefs. The submerged rock reefs would range from 276 to 438 feet in length by 22 to 50 feet in width at its base by 1 to 3 feet in height. Approximately 33.64 acres of marsh planting would occur, consisting of Juncus roemerianus, Spartina alterniflora, and Spartina patens on the created marsh islands.  Eight (8) navigational aids, comprised of signage affixed to wooden piles (minimum of 10-inch diameter) would be installed at Site A.

Site B:  Proposed work at Site B would include dredging a temporary access channel, construction of breakwaters, creation of marsh islands, construction of submerged reefs and rock piles, installation of navigational aids, and planting native vegetation. The project proposes hydraulically dredging 38,010 cubic yards of sandy material from 13.40 acres of the bay to an elevation of -5 feet NAVD 88 (4.71 feet below MLW) to create a temporary channel along the perimeter of the 500 foot exclusion zone to provide access for construction. The channel would have a bottom width of 33 feet and 4:1 side slopes. The dredged material would be side cast adjacent to access channel and will be removed and used to refill the channel upon completion of the project at Site B. Approximately 6,712 cubic yards of rock would be discharged over 2.42 acres of the bay for construction of ten (10) breakwaters. The breakwaters would range in size from 256 to 372 feet in length by 32 feet in width at its base by 6 to 7 feet in height. Approximately 175,100 cubic yards of sand would be discharged over 32.76 acres of Pensacola Bay for creation of eleven (11) marsh islands. Of that, 134,264 cubic yards would be placed below the MHWL and 40,836 would be placed above the MHWL on the newly created islands.  Sand would be obtained from dredging of the access channel and from Robertson Island.  Tidal creeks would be established between the marsh islands.  A complex of low elevation breakwaters, rock piles, and submerged rock reefs would be constructed along the eastern portion of Site B for wave attenuation and habitat protection for the intertidal marsh islands.  Approximately 5,351 cubic yards of rock would be placed over 1.93 acres of the bay for construction of five (5) submerged reefs, each ranging 285 to 287 feet in length by 56 feet in width at its base by 1 to 2 feet in height.  Approximately 2,630 cubic yards of rock would be placed over 0.95 acre of the bay for construction of 40 rock piles.  Rock piles will be distributed is six (6) clusters with each cluster consisting of five to seven rock piles. Each individual rock pile would measure 35 feet in length by 6 to 7 feet in height. The gap between each pile would vary between 55 to 74 feet to allow for passage of species and water circulation.  Four (4) navigational aids, comprised of signage affixed to wooden piles (minimum of 10-inch diameter) would be installed at Site B.  Approximately 27.87 acres of marsh planting would occur, consisting of Juncus roemerianus, Spartina alterniflora, and Spartina patens, on the created marsh islands.

Site C:   Proposed work at Site C would include construction of breakwaters, placement of sand along the shore to restore the beach and intertidal zone, construction of submerged reefs, and installation of navigational aids.  The proposed work at Site C would be located within exclusion zone along the shoreline of NAS Pensacola. Approximately 9,209 cubic yards of rock would be placed over 2.60 acres of the bay for construction of twelve (12) breakwaters, each ranging 140 to 409 feet in length by 34 to 38 feet in width at its base by 7 to 8 feet in height.  Approximately 104,500 cubic yards of sand, collected from Robertson Island, would be deposited within the intertidal zone over 20.42 acres along the shoreline (49,450 cubic yards of sand deposited below the MHWL and 55,050 cubic yards of sand deposited above the MHWL). A channel would be maintained to allow for continued drainage of Sherman Inlet into the bay. Approximately 16,298.21 cubic yards of rock would be placed over 4.60 acres of the bay for construction of four (4) submerged rock reefs, each ranging from 583 to 1178 feet in length by 15 to 128 feet in width at its base by 2 to 4 feet in height. Five (5) navigational aids, comprised of signage affixed to wooden piles (minimum of 10-inch diameter) would be installed at Site C.

Construction details:  Construction of each site is expected to take two to three months for completion of the major construction components.  Construction will be conducted during daylight hours.  The system of breakwaters, rock piles, and submerged reefs are intended for wave attenuation and shore protection. Rock will be limestone or a superior quarried stone. Geotextile or geogrid underlayment would be installed prior to placement of rock to prevent vertical settlement of the rock.  Pilings for navigational aids will be installed via jetting.  Floating turbidity curtains and/or booms are proposed during in-water work.  Once the breakwaters are constructed, the system of breakwaters and turbidity curtains would be used to contain the placed sand until grading and planting are completed.  Dredging is proposed to be accomplished by hydraulic or pipeline dredging.  Construction barges and vessels would be utilized for construction of the project. Heavy and/or light construction equipment would be used for grading areas filled with sand (White Island, marsh islands, Site C shoreline).

 

Construction Sequence:  Site A

Phase 1

Dredge access channel

Phase 2

Construct breakwaters and install rock piles

Phase 3

Dredge and place fill material for White Island and marsh islands

Phase 4

Grade White Island, marsh islands, and tidal creeks

Phase 5

Construct submerged reefs and install navigational aids

Phase 6

Plant native species

 

Construction Sequence:  Site B

Phase 1

Dredge access channel

Phase 2

Construct breakwaters and place fill material for marsh islands

Phase 3

Grade marsh islands and tidal creeks

Phase 4

Construct submerged reefs and rock piles, install navigational aids

Phase 5

Plant native species

 

 

Construction Sequence:  Site C

Phase 1

Construct breakwaters and place sand along the shoreline

Phase 2

Grade shoreline

Phase 3

Construct submerged reefs and install navigational aids

 

 

 

Summary of Impacts

 

Site A

Site B

Site C

Activity

Area of Impact (Acres)

Volume of Impact (Cubic Yards)

Area of Impact (Acres)

Volume of Impact (Cubic Yards)

Area of Impact (Acres)

Volume of Impact (Cubic Yards)

Dredging

60.52

371,693.69

13.40

38,010

N/A

N/A

Discharge of Sand (Below MHWL)

51.71

188,205

32.76

134,264

20.42

49,450

Planting

33.64

N/A

27.87

N/A

N/A

N/A

Breakwaters

1.30

3,458.54

2.42

6,712.68

2.60

9,209.79

Submerged Reefs

2.38

6,347.35

1.93

5,351.91

4.60

16,298.21

Rock Piles

0.33

885.11

0.95

2630.41

N/A

N/A

TOTAL

149.88

570,589,69

79.33

186,969

27.62

74,958.00

N/A = Not applicable

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

Avoidance and minimization were included at the planning stage of the project.  Consideration was given to existing SAV beds by delineating their footprints in a 2019 survey, and the project was designed to avoid direct impacts to rooted sea grasses. The plans were designed to construct the project in water depths of less than 6 ft. to avoid hindering gulf sturgeon foraging and migration habits. Gaps in breakwaters and rock piles were provided to allow for movement of marine species and flushing of water. Depending on the time of year construction is planned, in-water work may need

to be scheduled around the migratory period for gulf sturgeon to prevent deterrents to migration. Observers are anticipated on dredges and work vessels to monitor for the presence of sea turtles, manatees, and gulf sturgeon during construction activities. Construction would be conducted during daylight hours with a limited number of pilings (6-8) installed per day. Floating turbidity curtains (and/ or booms) are proposed during in-water work to prevent siltation and impacts to water quality and species. Once the breakwaters are installed, a system of breakwaters and floating turbidity curtains can be used to contain placed sand until grading and planting are completed, construction is completed, and the turbidity in the construction area is no greater than 29 NTUs above background levels.

COMPENSATORY MITIGATION:

The applicant has provided the following explanation why compensatory mitigation should not be required:

“No compensatory mitigation is proposed since the project is considered a habitat restoration project.  The project purpose includes restoring habitats historically found in the Pensacola Bay System, including marshes, and facilitating expansion of existing seagrasses through natural recruitment.  Habitats in the Pensacola Bay system have been lost or degraded over time due to anthropomorphic and environmental factors. Changes in the Pensacola Bay system include the decline of seagrasses and marsh (Environmental Quality of the Pensacola Bay System: Retrospective Review for Future Resource Management and Rehabilitation).  Benthic habitats and seagrasses that provide support for birds, fish, and other marine species have also been degraded or lost as a result of point source and non-point source pollution (Pensacola Bay System Surface Water Improvement and Management Plan).
Project goals include restoring habitats with specific value for invertebrates and coastal birds, finfish, and shellfish species and promoting the growth of submerged aquatic vegetation.  The marsh creation would provide essential fish habitat (EFH) for species managed under the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) of 1996, including shrimp, Spanish mackerel, red drum, and snapper and grouper species.  The marsh would provide habitat for shrimp, crabs, and juvenile fish, which are prey species for fish managed under the MSFCMA.  The marsh habitat would also provide habitat support to birds, including but not limited to ibises, egrets, herons, gulls, and terns.  Both native and migratory bird species that winter or stop over in coastal areas of Florida would be able to utilize the marsh habitat.  The project is expected to create 71 acres of marsh habitat and promote up to 50 acres of natural recruitment of seagrasses.”

CULTURAL RESOURCES: 

The Corps is aware of recorded historic resources within or adjacent to the permit area and 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, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES: 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Piping Plover (Charadrius melodus), Red Knot (Calidris canutus), Wood Stork (Mycteria americana), Gulf Sturgeon (Acipenser oxyrinchus desotoi) and its designated critical habitat, swimming Sea Turtles (Green (Chelonia mydas), Loggerhead (Caretta caretta), Kemp’s ridley (Lepidochelys kempii)). The Corps will request concurrence with these determinations from both the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, for species under their respective purviews,  pursuant to Section 7 of the Endangered Species Act. 

ESSENTIAL FISH HABITAT (EFH):  This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Pensacola Bay. 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 Corps has determined the proposal involves work in close proximity to the Intracoastal Waterway Federal channel. Our final determination relative to project impacts and the need for mitigation measures or project alterations is subject to review by and coordination with the Corps Civil Works Navigation Section.

SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.

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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502 within 30 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands.  This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Mia Zarbo, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502; by electronic mail at Maria.D.Zarbo@usace.army.mil; or, by telephone at (850) 439-3474 Extension 5. 

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

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.  

The US Army Corps of Engineers (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 also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.  In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board.  In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.