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SAJ-1999-05255 (SP-MZH)

Jacksonville District
Published Aug. 7, 2024
Expiration date: 8/31/2024

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:  Dave Erwin

                       Banana Bay Dock Owners Association, Inc.

                       6046 Valhalla Ave

                        Pensacola, FL 32507

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Old River.  The project site is located at the end of Playa Way, Tax Parcel ID: 14-3S-32-1001-002-124, in Section 14, Township 3 South, Range 32 West, Pensacola, Escambia County, Florida.

 

Directions to the site are as follows:  From downtown Pensacola, head west on Garden Street and turn left onto Barrancas Ave. Continue onto FL-292 W and turn left onto Gongora Drive. Turn left onto Don Carlos Drive and left onto River Road. Turn right onto Del Rio Drive and turn right to stay on Del Rio Drive. Turn left onto Elysian Ave and turn right onto Playa Way. The marina is accessible by walking adjacent to 13900 Playa Way, towards Old River.

 

APPROXIMATE CENTRAL COORDINATES:         Latitude      30.312763°

                                                                                 Longitude -87.428892°

 

PROJECT PURPOSE:

 

Basic:  The basic project purpose is improvements to an existing marina

 

Overall:  The overall project purpose is to rebuild, reconfigure, and expand Banana Bay marina in Pensacola, Escambia County, Florida.

 

EXISTING CONDITIONS: The project site is located in Old River. The uplands associated with the project are developed property owned by the residents of Banana Bay Townhomes. The site features a hardened shoreline with a seawall and an existing, residential marina currently supporting twenty two (22) slips and an upland boardwalk. The Corps authorized the construction of the 21-slip residential marina on March 28, 2006. The previous permit stated the marina would have 21 slips, however, review of the previous permit drawings, there was space for a 22nd slip that was unaccounted for during the prior permit review. In 2009, the Corps authorized dredging and a marina modification to change floating piers to fixed piers. In the 2009 permit drawings, small triangular structures were added to the corners of the finger piers, although sizes of these structures were not provided. The prior permits detailed a western dock and an eastern dock. The western dock was comprised of a 5-foot by 150-foot marginal access walkway with six (6) finger piers (measuring 3-feet wide by 18 to 35-feet in length) extending from the walkway to create ten (10) slips with a space where an additional slip could be located but was unaccounted for during the review. The eastern dock was comprised of a 10-foot by 73-foot marginal walkway, a 5-foot by 78-foot main access pier, a 6-foot by 58-foot terminal platform, and four (4) finger piers (measuring 3-feet wide by 18 to 30-feet in length) extending from the access pier to create eleven (11) slips. The total area of the structure measured 3,008 square feet.

 

PROPOSED WORK:  The applicant seeks an after-the-fact authorization to rebuild, reconfigure, and expand the existing Banana Bay marina. The marina was rebuilt in the same location with modifications to the configuration. The new marina maintains the western dock and an eastern dock. The western dock is comprised of a 5.9-foot by 155.3-foot marginal access walkway with five (5) finger piers (each measuring 2.5-foot by 35.6-foot, 2.9-foot by 35.6-foot, 2.8-foot by 36.3-foot, 3.2-foot by 35.9-foot, and 2.7-foot by 20.1-foot, respectively) extending from the walkway to create seven (7) slips oriented perpendicular to the shoreline, and a 7.9-foot by 32.7-foot walkway extending off a finger pier to create two (2) slips oriented parallel to the shoreline. The eastern dock is comprised of a 10.9-foot by 72.8-foot marginal walkway, a 5-foot by 77.8-foot main access pier, a 5.9-foot by 57.8-foot terminal platform, and four (4) finger piers (each measuring 3-foot by 17.9-foot, 2.7-foot by 17.8-foot, 3-foot by 18-foot, and 2.8-foot by 21.8-foot, respectively) extending from the access pier to create eleven (11) slips. A 2.5-foot by 16.6-foot walkway and a 3.9-foot by 58.4-foot terminal platform with a 1.7-foot by 16.2-foot extension creating two (2) slips was a new addition constructed onto the existing marina structure. Twenty four (24) triangular platforms, typically measuring 3-feet by 3-feet, are still present at the corners of most finger piers on both western and eastern dock structures. The marina has a total of twenty two (22) boat slips with uncovered boat lifts. Nine (9) additional mooring pilings installed adjacent to dock slips. The total area of the marina structure, including both western and eastern docks, measures 3,780.27 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:

 

“Weighted turbidity curtains will be used during the installation of the dock pilings. Dock pilings will be installed via vibratory hammer.”

 

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant provided no information on why mitigation should not be required.

 

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, Giant Manta Ray, Piping Plover, Red Knot, 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 Old River. 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 located in the vicinity of a federal navigation channel. Based on the Florida State Plane coordinates provided by the applicant, a portion of the waterward edge of the structure is located within the 75-foot setback of the Intracoastal Waterway federal channel.

 

SECTION 408: The applicant would 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 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 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. 

 

ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.

 

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 Water Quality Certification was issued under FDEP permit number 0163597-001-EI/17.

 

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.