SAJ-1998-05731 (SP-HMM)

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: Santa Rosa Island Authority c/o Juan Lemos

1 Via De Luna

Pensacola Beach, Florida 32561

The project is located at the 1 Via De Luna Drive, Pensacola, Section 15, Township 3 South, Range 29 West, Escambia County, Florida.

Directions to the site are as follows: From downtown Pensacola, go east on US-98 across the Pensacola Bay Bridge to Gulf Breeze. Merge onto Highway 399/Pensacola Beach Boulevard and proceed southeast, then curve east onto Highway 399/Via De Luna Drive. The project site is located at 1 Via De Luna Drive.

LATITUDE & LONGITUDE:          Latitude: 30.3354

                                                       Longitude: 87.1414

PURPOSE:

                Basic: Beach restoration and stabilization

Overall: To restore recreational beach space and stabilize the shoreline at Quietwater Beach, on Pensacola Beach, Florida.

EXISTING CONDITIONS: The project site consists of a narrow, eroded strand of unconsolidated sandy beach that extends from a riprap revetment at the eastern boundary of the proposed project westward 2,200 linear feet. The adjacent subtidal area is a wide, shallow sandy shelf over 500 feet wide at the eastern end of the project site, narrowing to 120 feet at the west end. The shelf drops from depths of approximately 4 feet to depths of more than 20 feet. The shoreline was originally restored in 2013 and renourished in 2018. An in-water submerged aquatic vegetation (SAV) survey was conducted in September 2023 within the project boundary, extending offshore 300 feet from the mean high water line (MHWL). An extensive SAV bed comprised almost entirely of turtle grass (Thalassia testudinum) with a small patch of mixed shoal grass (Halodule wrightii) and turtle grass was present in 1.5 to 9 foot water depths in the northwestern limits of the assessment area. One individual isolated patch of SAV consisting of shoal grass was located in the southeastern limits of the assessment area. No SAV was present in the project footprint. There is a 175 foot bulkhead at the eastern end of the project site and four dock/pier structures situated along the length of the project. The existing area upland of the project site consists of commercial development.

PERMIT HISTORY: A Department of the Army (DA) permit was issued on August 14, 2012, for the authorization of the discharge of 20,000 cubic yards of fill material (beach- compatible sand) in a 3.43 acre area along 2,200 linear feet of the eroded Quietwater Beach shoreline. The work included the discharge of 5,200 cubic yards of fill material approximately every four years to maintain the project. The permit required the sand fill material to be obtained from a pre-qualified upland sand source, trucked to the project site via existing roads, and mechanically spread and contoured during daylight hours.

The work would advance the existing mean high water line (MHWL) with fill 20 feet at the western end of the project increasing to approximately 90 feet at the eastern end. The equilibrium location of the MWHL was 10 feet waterward of the existing MHWL at the western end of the project increasing to 60 feet at the eastern end. A permit modification (Modification 1) was issued on May 15, 2018, to allow the discharge of up to 12,000 cubic yards of fill material to be placed during a single nourishment event (within the originally approved nourishment limits) approximately every four years to maintain the project. A permit modification (Modification 2) was issued on November18, 2021 to extend the expiration date until August 3, 2024.

PROPOSED WORK: The applicant proposes to periodically discharge 12,000 cubic yards of fill material (beach-compatible sand) in a 2.53 acre area (within the originally approved nourishment limits) along 2,200 linear feet of the eastern Quietwater Beach shoreline to maintain the shoreline. Periodic renourishment is expected to occur every 5 years, on average. The sand fill material would be obtained from a pre-qualified upland sand source and trucked to the project site via existing roads. The sand would be mechanically spread and contoured during daytime hours. The existing MHWL would be advanced with fill approximately 15 feet at the western end of the project increasing to approximately 60 feet at the eastern end. The equilibrium location of the MHWL would be approximately 10 feet waterward of the existing MHWL at the western end of the project increasing to approximately 30 feet at the eastern end. No SAV would be impacted by the project. The applicant has requested a 10-year permit.

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 has minimized impacts to the aquatic environment by avoiding the SAV and utilizing Best Management Practices (BMPs) during

construction. In addition, the sand source would be an upland sand pit (yet to be determined) which would meet minimum standards for beach compatibility based on Rule 62B-41.007(2)(j), F.A.C. (the FDEP “Sand Rule”) and Escambia County Land Development Code-Section 12.05-Sand and Water Protection.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Impacts to special aquatic sites are not proposed.

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 is not likely to adversely affect West Indian manatee (Trichechus manatus), Gulf Sturgeon (Acipenser oxyrinchus desotoi), smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostris), and swimming sea turtles, including green turtle (Chelonia mydas), hawksbill (Eretmochelys imbricate), Kemp’s ridley turtle (Lepidochelys kempii), leatherback turtle (Dermochelys coriacea), loggerhead turtle (Caretta caretta). The Corps will request U.S. Fish and Wildlife and the National Marine Fisheries Service concurrence with these determinations 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 directly impact approximately 2.53 acres of (previously renourished) estuarine subtidal habitat utilized by various life stages of 3 shark species (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 in the Gulf of Mexico. 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, 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 or 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 determination, comments are used to assess impacts to endangered species, historic properties, water