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: Perdido Key Oyster Bar Restaurant and Marina
c/o Emile Petro
730 Bayfront Parkway
Pensacola, Florida 32507
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway. The project is located at 13720 River Road, in Section 14, Township 3 South, Range 32 West, in Pensacola, Escambia County, Florida.
Directions to the site are as follows: From downtown Pensacola, go west on Garden Street and veer southwest onto Barrancas Avenue (SR-292). Continue on SR-292/Gulf Beach Highway/Sorrento Road/Perdido Key Drive across the Intracoastal Waterway. Turn east on Gongora Drive, then north on Don Carlos Drive. Continue to the end of the road and turn right onto River Road. The site is located to the north at 13720 River Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.311684°
Longitude -87.42872°
PROJECT PURPOSE:
Basic: Marina and dredging
Overall: Reconstruction and expansion of an existing marina on the Intracoastal Waterway, in Pensacola, Escambia County, Florida.
EXISTING CONDITIONS: The east side of the site contains an existing 39-slip fixed docking facility that was significantly damaged during hurricane Sally (2020). The west side of the site contains the remnants of a small, damaged dock. The entire shoreline has been stabilized with a seawall. Near the western end of the site, perpendicular to the shoreline, there is an existing buried electric transmission line covered with ArmorFlex (concrete block) mats and a riprap apron at the seawall. The uplands associated with the site include a restaurant (center, north) with parking and associated infrastructure, a condominium, and vacant parcels. There are no wetlands or submerged aquatic vegetation in the vicinity of the project. The site is surrounded by the Intracoastal Waterway to the north and east, commercial and residential developments to the south, and commercial developments and Perdido Key Drive (SR-292) to the west.
PROPOSED WORK: The applicant seeks authorization to reconstruct and expand an existing marina. The new structure includes the construction of a 45-slip floating docking facility comprised of 36 (numbered) slips and 3 transient slips on the east side of the restaurant and 6 new slips on the west side. The proposed structure (east side) consists of an 85-foot by 10-foot access pier, a 147.1-foot by 10-foot access pier, three 60-foot by 4-foot finger piers, an irregular-shaped 170 square foot platform and 6-foot by 4-foot ramp, a 584.6-foot by 8-foot marginal access pier, a 4.8-foot by 4-foot ramp, a 30-foot by 20-foot platform, a 402-foot by 10-foot access pier, fourteen 40-foot by 4-foot finger piers, a 70.3-foot by 8-foot access pier, 70 mooring piles, and a 2,148 square foot elevated deck along the north and east side of the restaurant. The proposed structure (west side) consists of a 278.3-foot by 10-foot L-shaped access pier and six 60-foot by 4-foot finger piers. The work also includes dredging of 1196 cubic yards of material from a 0.26-acre area to -5 mean high water beneath the western 6 slips. The dredged material would be placed within an adjacent upland dredged material disposal cell with no return waters to waters of the United States.
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: The applicant would minimize impacts to the aquatic environment by utilizing Best Management Practices (BMPs) during construction. BMPs would include, but not be limited to, weighted turbidity curtains surrounding the construction area and trenched silt fencing along the downstream side of the upland disposal cell. BMPs will be maintained until the site is stabilized. There is no emergent marsh or seagrass at the project site.
COMPENSATORY MITIGATION: 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 proposed project would impact approximately 0.47 acre of estuarine subtidal habitat due to shading and 0.26 acre of estuarine subtidal habitat due to dredging utilized by various life stages of 4 shark species (Atlantic sharpnose, blacktip, bull, spinner), four shrimp species (brown, white, pink, Royal red), coastal migratory pelagic species, red drum, and 43 species of reef fish. 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.
Navigation: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 138.5 feet away from the near bottom edge of the Intracoastal Waterway Federal channel.
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, 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, or by telephone at (850) 470-9823.
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 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.