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: Dennis Mayher
WCI Communities, LLC
9440 Philips Hwy, STE 7
Jacksonville, FL 32256
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Big Lagoon. The project site is located at 10045 Sinton Drive, Tax Parcel ID: 24-3S-31-1102-002-007, in Section 24, Township 3 South, Range 31 West, Pensacola, Escambia County, Florida.
Directions to the site are as follows: From downtown Pensacola, head east on E Cervantes Street and turn left onto North A Street. Turn right onto W Garden Street and turn left onto Barrancas Ave. Continue onto FL-292 W and turn left onto CR 292 A/ Gulf Beach Highway. Turn left onto Bertha Street. Continue on Bertha Street where it turns right and becomes Sinton Drive. Turn left and arrive at 10045 Sinton Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.327005°
Longitude -87.356408°
PROJECT PURPOSE:
Basic: The basic project purpose is improvements to an existing marina
Overall: The overall project purpose is to rebuild an existing 47-slip commercial marina in Pensacola, Escambia County, Florida.
EXISTING CONDITIONS: The project site is located in Big Lagoon. The uplands associated with the project are developed property owned by the Lost Key Marina and Yacht Club. The site features a hardened shoreline with a seawall and an existing, commercial marina supporting forty seven (47) slips. The marina consists of three piers, the eastern, central, and western docks with sewage pump-out and fueling facilities.
The marina as a whole is currently inoperable as a result of damage sustained from Hurricane Sally in September of 2020.
PROPOSED WORK: The applicant seeks authorization to rebuild the Lost Key Marina within the same footprint as it currently exists. The inoperable marina structures will be demolished, removed, and rebuilt to the originally constructed specifications, outlined on the attached drawings. The eastern dock is comprised of a 12-foot by 8-foot platform, a 6-foot by 410-foot main access pier, an 8-foot by 50-foot terminal platform, and eight (8) 4-foot by 40-foot finger piers creating 17 slips. The central dock is comprised of a 12-foot by 48-foot platform, an 8-foot by 250-foot access pier, an 8-foot by 80-foot terminal platform, an 8-foot by 148-foot access pier, a 10-foot by 210.8 foot terminal platform, two (2) 4-foot by 40-foot finger piers, two (2) 4-foot by 23.8-foot finger piers, and ten (10) 4-foot by 30-foot finger piers creating 30 slips. The western dock is comprised of 12-foot by 40-foot platform, a 7.5-foot by 269-foot access pier, and an 8-foot by 40-foot terminal platform. The project also involves the replacement of a 6-foot by 33-foot pier adjacent to the wester dock. Sixty seven (67) mooring piles would be replaced to support the total 47 uncovered boat slips. A total of 657 six-inch wooden pilings would be used in the rebuild. All piles would be installed via vibratory hammer. The area of the three docks and all attendant features to be replaced would total 15,469.9 square feet.
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:
“Due to the nature of the proposed project, impacts to the estuarian water system within the Project Area are unavoidable, however, the marina will be reconstructed to the same specifications that were originally permitted to avoid any additional impact. During construction, all necessary steps will be taken for the duration of the project to ensure that no adverse impacts to water quality will occur. This may include, but is not limited to gunderbooms, silt screens, floating turbidity screens, and other typical construction BMPs, as necessary. Applicant will use any relevant BMPs during the construction of the new dock, including but not limited to weighted turbidity curtains and silt screens. BMPs to be placed around the perimeter of the entire worksite to avoid adverse impacts to water quality.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“We are not impacted wetlands or submerged/aquatic resources.”
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, 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 Gulf Sturgeon or its designated critical habitat, West Indian Manatee, and swimming sea turtles (Hawksbill, Loggerhead, Leatherback, Green, Kemp’s ridley, and Olive). The Corps will request U.S. Fish and Wildlife/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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Big Lagoon. 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 proposed project is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant does not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not 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. The jurisdictional line has not been verified by Corps personnel.
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, Mia Hopkins, 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; by; 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.
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). The project is being reviewed under FDEP application no. ERP_295612.
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.