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Public Notice Notifications

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-1994-03114 (SP-BJC)

Posted: 12/20/2017

Expiration date: 1/10/2018


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: Jacksonville Port Authority
                      Attn: Mr. David Stubbs
                      2831 Tallyrand Avenue
                      Jacksonville, Florida 32206

WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with Wynns Creek. The project site is located at 9884 August Drive, Section 23, Township 1 South, Range 27 East, Jacksonville, Duval County, Florida.

Directions to the site are as follows: From Interstate-95 take Exit 362A onto Interstate- 295 and head east. Take Exit 41 onto Zoo Parkway and head west. Turn left at the intersection of Zoo Parkway and August Drive. The project site is on the right-side of the road.

APPROXIMATE CENTRAL COORDINATES: Latitude 30.409444°
                                                                         Longitude -81.578938°

PROJECT PURPOSE:

Basic: The basic project purpose is shoreline stabilization.

Overall: The overall project purpose is shoreline stabilization at the Jaxport Authority.

EXISTING CONDITIONS: The wetland system consists of a saltwater system known as Wynn’s Creek. The onsite vegetation consists of slash pine (Pinus elliottii), water oak (Quercus nigra), cabbage palm (Sabal palmetto) and Juncus (Juncus effusus). The existing area surrounding the project area consists of gravel parking and a navigation port.

PROPOSED WORK: The applicant seeks authorization to discharge fill material into 0.82-acre of saltwater marsh and tidal waterways to facilitate shoreline stabilization.

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 stated, “Wetland impacts have been avoided and minimized to the fullest extent practicable while accomplishing the needed improvements. The project was designed to maximize the use of existing living shoreline adjacent to the proposed riprap placement. The placement of riprap is preferable to other potential stabilization materials such as a concrete wall or sheet piles. Large portions of riprap will be submerged during high tide events, providing habitat for organisms such as barnacles, crabs, crustaceans, and oysters that serve as a prey base for larger fauna. Additionally, riprap minimizes wave energy deflection that would occur if a concrete wall or sheet pile structure were used in the stabilization of the shoreline. This deflection of wave energy benefits proximal vegetation that could potentially be destroyed by the continued re- direction of waves off of concrete or sheet pile walls. The water quality of adjacent wetlands and waters will be protected through the use of standard Best Management Practices (BMPs) such as silt fences and/or floating turbidity barriers as appropriate.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant stated, “In order to offset proposed salt marsh wetland impacts, the applicant proposes off-site salt marsh wetland creation on applicant-owned property. The details of this proposed wetland creation plan are being finalized and will follow under separate cover. According to the attached UMAM documentation, creation of 0.2-acre of salt marsh wetlands will provide adequate compensation for proposed impacts.”

CULTURAL RESOURCES:

The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.

ENDANGERED SPECIES:

West Indian Manatee (Trichechus manatus): The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee, Wood Stork, loggerhead sea turtle, green sea turtle, leatherback sea turtle, Kemp Ridley sea turtle, hawksbill sea turtle, smalltooth sawfish, Atlantic sturgeon, and shortnose sturgeon. 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. The proposal would impact approximately 0.82-acre of tidal wetlands, including near-shore vegetated areas and open waters utilized by various life stages of shrimp, snapper, and grouper. 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 because the installation of the riprap would create habitat for shrimp, snapper, and grouper. 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. 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 32232-0019 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, Brad Carey, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at brad.j.carey@usace.army.mil; or, by telephone at (904) 232-2405.

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 permit public notice U.S. Army Corps of Engineers USACE