Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2017-01010 (SP-HMM)

USACE - Regulatory
Published Jan. 27, 2021
Expiration date: 2/17/2021

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) as described below:

APPLICANT:  Naybor Properties, LLC
                       c/o John Naybor
                       806 Lakewood Road
                       Pensacola, Florida 32507

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Bayou Chico. The project is located at 806 Lakewood Drive, in Section 49, Township 2 South, Range 30 West, in Pensacola, Escambia County, Florida.

Directions to the site are as follows: From Downtown Pensacola, head west on East Garden Street and veer southwest on SR-292/Barrancas Avenue. Turn west onto Lakewood Drive and turn north at the Island Cove Marina sign then west into the parking lot. The marina facility is located along the shoreline north of the parking lot and pile supported building.

APPROXIMATE CENTRAL COORDINATES:
Latitude 30.400931 North
Longitude 87.254183 West

PROJECT PURPOSE:

Basic: Marina

Overall: Reconfiguration and minor expansion of an existing marina in Bayou Chico, Escambia County, Florida.

EXISTING CONDITIONS: The project site consists of an existing 75-slip marina comprised of 3 separate docks (north, middle, south) located on the southern shoreline of Bayou Chico, west of the SR-292/Barrancas Avenue bridge. The site is surrounded by Bayou Chico to the north, residential and commercial development to the east and west, and residential development to the south. There is no emergent or submerged aquatic vegetation within the footprint of the proposed work.

PROPOSED WORK: The applicant seeks authorization to reconfigure the northern dock within an existing marina. The portion of the existing dock to be removed includes the waterward 115-foot by 8-foot section of the access pier, a 13-foot by 3-foot finger pier, two 20-foot by 3-foot finger piers, two 10-foot by 3-foot finger piers, and 15 mooring pilings. The new structure would extend from the remaining section of the existing northern dock and would consist of the addition of a 30-foot by 4-foot aluminum gangway connected to a 302.2-foot by 8.2-foot floating access pier with six 30-foot by 4-foot finger piers and thirteen 3-foot by 3-foot corner braces, a 78-foot by 10-foot main terminal dock with one 45-foot by 5-foot finger pier, one 60-foot by 4-foot finger pier, two 60-foot by 5-foot finger piers, two 40-foot by 4-foot finger piers, and nine 3-foot by 3-foot corner braces. Eleven slips would be removed from the existing structure and 17 new slips would be added, for a net addition of 6 slips resulting in an 81-slip marina. No dredging is proposed.

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: There is no emergent or submerged aquatic vegetation withing the footprint of the proposed work. The modified dock would be a floating dock and would only require the installation of 19 pilings.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Due to the nature of the project, the applicant did not offer compensatory mitigation.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but would not likely adversely affect the West Indian manatee (Trichechus manatus) as determined using the 2013 Manatee Key, following couplets A > B > C > G > H > I > J> L > N > O > P. The Corps has also determined the proposed project may affect, but is not likely to adversely affect the Gulf sturgeon (Acipenser oxyrinchus desotoi), Green turtle (Chelonia mydas), Loggerhead turtle (Caretta caretta), Kemp’s Ridley turtle (Lepidochelys kempii), and Smalltooth sawfish (Pristis pectinata). The Corps will request the National Marine Fisheries Service concurrence with this determination 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. The proposal would impact approximately 0.10 acre of additional estuarine subtidal habitat due to shading and 27 square feet of estuarine subtidal habitat due to the installation of pilings utilized by various life stages of 3 shark species (Bull, Spinner, Blacktip). Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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.

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.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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 21 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, Holly Millsap, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, FL 32502, by electronic mail at Holly.M.Millsap@usace.army.mil, by fax at (850) 433-8160, or by telephone at (850) 470-9823.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

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 of 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.

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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

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.