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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

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.

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SAJ-1990-00501(SP-MRE)

Posted: 10/18/2017

Expiration date: 11/7/2017


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:   Center Point Terminal J&W, LLC
                        8235 Forsyth Boulevard, Suite 400
                        Clayton, Missouri 63105

WATERWAY AND LOCATION: The project would affect navigable waters of the United States associated with the St. Johns River. The project site is located at 3117 Talleyrand Avenue (the Chevron berth), in Sections 5 and 47, Township 5 South, Range 27 East, Jacksonville, Duval County, Florida.

APPROXIMATE CENTRAL COORDINATES: Latitude     30.358179°
                                                                         Longitude -81.619401°

PROJECT PURPOSE:

Basic: The basic project purpose is access to navigable waters.

Overall: The overall project purpose is facilitated access to navigable waters through the reduction of maintenance dredge operations associated with the installation of underwater scour fans at the Center Point Terminal J&W, LLC, facility.

EXISTING CONDITIONS:

The project site encompasses routinely dredged, non-vegetated open waters of the St. Johns River contiguous to a berthing area that includes a central loading dock and two breasting dolphins. The pile-supported breasting dolphins have elastomer fendering systems and connect to the shore by narrow catwalks. The larger, pile-supported loading dock includes a structural steel tower and a small crane. The berthing area is approximately 650 feet long and 130 feet wide. The depth at the berthing area is approximately -38 feet mean low water. The St. Johns River ship channel forms the easterly boundary to the berthing area. The channel at this location is 550 feet wide and roughly parallels the bulkhead at the project site. The project depth of the channel at this location is -38 feet mean low water.

Sedimentation in the berthing area includes clays and fine silts, originating from tributaries to the St. Johns River. These sediments flocculate upon reaching the more saline waters of the lower St. Johns River, settling to the bottom and forming a mobile layer of fluid mud. Fluid mud is dragged along the bottom by water currents coming to rest in areas of reduced velocity, such as dredged berthing areas. Once at rest, fluid mud undergoes rapid consolidation, with a sharp increase in yield strength and erosion resistance. Within a few days, the recently arrived fluid mud becomes part of the permanent sediment bottom. Periodic soundings indicate annual shoaling rates of about 6 feet per year at the site. Shoaling is heaviest near the face of the dock and near its upstream end. The latter is an area of “dead water” caused by the abrupt transition of the shoreline (bulkhead positions) from the upstream Jacksonville Port Authority dock and the Chevron berth. The normal dredging cycle for the Chevron berth is once per year, usually in the autumn. A typical dredging event removes 10,000 cubic yards of sediment from the berth using a clamshell dredge. The applicant has a valid Department of the Army permit to conduct maintenance dredge operations through August of 2022.

PROPOSED WORK: The applicant seeks authorization to install and operate four underwater silt suspension systems (turbo-scour jetting systems) in navigable waters of the United States. Each system includes a pile-supported unit that is raised out of the water when not in use; and, is lowered into the water during operation. Each of the units includes a 42-inch fan component that would operate at approximately 10 cubic feet per second for 40 minutes during each flood and ebb tidal flow (i.e., four operational periods each day, for a total of 160 minutes per day). The operation of the combined systems would decrease the accumulation of sediments; and, reduce the need for periodic mechanical dredge maintenance operations at the site.

AVOIDANCE AND MINIMIZATION INFORMATION – The project is associated with maintaining access to navigable waters; and, as such, work within the aquatic resource is unavoidable. The applicant indicates that the four systems are the minimum necessary to effectively assist in the maintenance of access; and, reduce the frequency of cyclical mechanical dredge operations.

COMPENSATORY MITIGATION – The applicant has expressed the opinion that the work would not result in the loss of aquatic habitat or functions. In consideration of that information, the applicant did not propose compensatory mitigation.

CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work (maintenance dredge operations) and there is little likelihood a historic property may be affected.

ENDANGERED SPECIES:

Red Cockaded Woodpecker (Picoides borealis) – The project site is within a consultation area identified by the Corps and the U.S. Fish and Wildlife Service (FWS) for Red Cockaded Woodpecker. However, the project would not affect habitat associated with this species; and, as such, the Corps determined that the project would have no effect on this species.

Wood Stork (Mycteria americana) – The project site is within the Core Foraging Area of three Wood Stork nesting colonies. However, the project site does not encompass suitable foraging habitat. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-no effect. The FWS previously indicated that they concur with determinations of no effect based on the key for Wood Storks; and, that no additional consultation is necessary.

Manatee (Trichechus manatus) – The Corps reviewed the project utilizing The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A-B-C-G-N-O-P- may affect, but is not likely to adversely affect. The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In-Water Work, 2011. The FWS previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for manatee; and, that no additional consultation is necessary.

Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and/or shortnose sturgeon (Acipenser brevirostrum) – Either of these species might forage within waters of the St. Johns River at or near the project site; however, the project site does not encompass critical habitat for sturgeon (either species). Information from the manufacturer of the units indicates that the intake velocity of the units is relatively slow; and, as such, larger fish are generally able to avoid ingestion. Smaller fish are more likely to be entrained, but are also more likely to pass through the impeller section unharmed. Fish entrainment studies conducted at the CITGO, Savannah, Georgia, the Georgia Ports Authority, and the CITGO, Linden, New Jersey installations determined that the units had no significant adverse impact on finfish populations as a result of entrainment. The conclusion was that the systems (units) cause a relatively small change in the affected environment and insignificant changes in ecological functions in comparison to the existing impacts on the rivers studied (e.g., dredge operations, shipping, runoff, and natural variability). In consideration of this information and the limited likelihood of individuals being present during the operation of the proposed units, the Corps determined that the project may affect, but is not likely to adversely affect sturgeon. The Corps will coordinate our determination with the National Marine Fisheries Service (NMFS) through separate correspondence.

The Corps executed a Resources At Risk (RAR) report. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the NMFS on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.

The project site is within an area identified as a “coastal inlet”; and, the NMFS has indicated that coastal inlet areas support EFH for shrimp (Farfantepenaeus spp., Penaeus sp., and/or Litopenaeus spp.). Areas that meet the criteria for essential fish habitat-habitat areas of particular concern (EFH-HAPCs) for penaeid shrimp include all coastal inlets, all state-designated nursery habitats of particular importance to shrimp, and state-identified overwintering areas. The NMFS has identified waters of the St. Johns River as EFH-HAPC for shrimp.

The NMFS also has indicated that coastal inlet areas support snapper (Lutjanus spp.) and grouper (Mycteroperca spp. and/or Epinephelus spp.). Areas that meet the criteria for EFH-HAPCs for species in the snapper-grouper management unit include medium to high profile offshore hard bottoms where spawning normally occurs; localities of known or likely periodic spawning aggregations; nearshore hard bottom areas; mangrove habitat; seagrass habitat; oyster/shell habitat; all coastal inlets; all state-designated nursery habitats of particular importance to snapper grouper; and Council-designated Artificial Reef Special Management Zones. The NMFS has identified waters of the St. Johns River as EFH-HAPC for snapper/grouper.

The installation of the proposed silt suspension systems would temporarily disturb open-water, non-vegetated river bottom. Shrimp and/or Snapper/Grouper within the area would vacate the area (mobility) due to the presence of workers/work. However, these species could/would repopulate/utilize the work area immediately upon the cessation of work activities. The operation of the silt suspension systems would incorporate the cyclical use of near-bottom water jets to boost the speed of passing tidal currents to prevent the deposition of fine-grained sediments in the berthing area. Jetting action is strong enough to prevent shoaling but not enough to cause erosion of the river bottom, so no additional sediment or turbidity is introduced to the water column. In consideration of this information, the Corps determined that any affect upon these species would not only be temporary, but negligible.

In consideration of the analysis above, our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the St. Johns River. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.

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 been verified by Corps personnel.

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 Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232 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, Mark Evans, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at mark.r.evans@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028.

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 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.

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.

duval county Jacksonville District permit public notice U.S. Army Corps of Engineeres (USACE)