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.

SAJ-2010-03050 (MOD-TMM)

Published March 19, 2020
Expiration date: 4/9/2020

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:  St. Johns County
                       Attention: Duane Kent, Public Works
                       2740 Industry Center Road
                       St. Augustine, Florida 32084

WATERWAY AND LOCATION: The proposed project site is located along the beach shoreline and in the navigable waters of the Atlantic Ocean, parallel to the Old State Road A1A right-of-way, within the Pedro Menendez Land Grant, between Florida Department of Environmental Protection (DEP) beach range (R) monuments R-202 and R-208.5, in Section 30, Township 9 South, Range 31 East, Summer Haven St. Johns County, Florida. The borrow area associated with this project is currently located at Florida Inland Navigation District’s (FIND) Dredge Material Management Area (DMMA) St. Johns Number 1 (SJ-1). The newly proposed sand source locations are DMMA FL-3 at Latitude 29.634384° and Longitude -81.226541° and the dredge template of the Summer Haven River as found in Corps permit SAJ-2012-02400.

Directions to the site are as follows: From the north at the intersection of State Road (SR) 206 and A1A, drive around 6 miles south. Take a left on Old A1A and drive north. The project lies to the east along the Atlantic Ocean shoreline.

APPROXIMATE CENTRAL COORDINATES:  Latitude: 29.682280°
                                                                          Longitude: -81.217979°

PROJECT PURPOSE:

Basic: The basic project purpose is shoreline protection.

Overall: The overall project purpose is shoreline stabilization in Summer Haven, Florida.

EXISTING CONDITIONS: The beach ecological community found within the Project Area, R-202 through R-208.5 at Summer Haven occupies approximately 19 acres (reference Figure C-2 Key Map and General Notes of the permit). The beach is constantly affected by wave and tidal action. No vegetation occurs apart from that which is washed ashore as part of the daily tide cycle. The material is composed of fine and coarse sand and shell fragments and is subject to wind and water erosion. This location has a history of severe erosion and is identified as “Critically Eroded Beach” in the DEP Bureau of Beaches and Coastal Systems, Strategic Beach Management Plan for the Northeast Atlantic Coast Region (2008).

Limited dunes are found at the site. Vegetation is found on the dunes, sparsely populated, from R-205 south to R-208. Vegetation species include sea-oats (Uniola paniculata), dune sunflower (Healianthus debilis), sea purslane (Portulaca oleracea), railroad vine (Ipomoea pescaprae), and shoreline seapurslane (Sesuvium portulacastrum). From R-205 north to R-202 solely sand exists on the beach front. From R-202 – R0203 there are mangroves west of the houses along the Summer Haven River.

From R-202 through R-208.5 there are approximately 25 houses from the intersection of A1A Scenic and Historic Coastal Byway and Old A1A. Access to the houses is available by turning north on Old A1A from the intersection of A1A and Old A1A. In December 2010 the road was visible from Old A1A north to R-205. Today, the road is completely covered with beach sand. From R-205 north to R-200, the road is now completely gone.

Summer Haven River Borrow Area: The proposed Summer Haven River borrow area footprint is located adjacent to the west of the beach front template (reference Figure 2019 Conditions Summer Haven River Restoration). The river has mangroves bordering the shoreline and it has a sandy bottom. The river hosts sand frequently blown over in heavy winds and pushed over from storm surge during large storm events. The river material is beach sand from the beach in which it is proposed for placement. The Summer Haven River Borrow Area is already approved for use from R-200 – R-208 under the purview of SAJ-2012-02400; however, due to SAJ-2010-03050 being permitted with its own sand source prior to the approval of the SAJ-2012-02400 permit utilizing Summer Haven River as a sand source, it has not yet been formally approved as a sand source for SAJ-2010-03050.

DMMA FL-3 Borrow Area: The proposed DMMA FL-3 Borrow Area is located just over 2.5 miles southeast of R-208 in Flagler County off North Old Kings Road (reference Figure DMMA FL-3 Borrow Area). The site is currently a borrow pit and most of the borrow pit is flooded. According to testing from the applicant, this sand is compatible with the beach sand and is the most cost effective means for nourishing the beach template.

PROJECT HISTORY:
At the time the permit was issued in 2012, the Summer Haven River was full of sand washed out from the adjacent beach front. Work to dredge the river and place the dredge material on the beach from R-200 to R-202 was set to begin November 1, 2016. However, in October 2016, Hurricane Matthew hit the area and a breach was created and water flowed over the sand that covered the Summer Haven River. The 0.25-mile wide breach was located just south of R-204 connecting the ocean to the Summer Haven River. An emergency permit SAJ-2016-03083 was created to dam the Summer Haven River with a geotextile tube to facilitate construction to close the breach. At the beginning of September 2017, Hurricane Irma hit the coast of Florida causing erosion of the newly placed beach sand south of R-204 and moving that sand into the Atlantic Ocean. In early September 2019, Hurricane Dorian brought winds, rain and storm surge to the northeast Florida coast pushing beach sand into the river. To date, beach nourishment has been conducted under permits SAJ-2012-02400 and SAJ-2016-03083, but not yet under SAJ-2010-03050.

PROPOSED WORK: Beach renourishment from the original Department of the Army SAJ-2010-03050 permit (enclosed) has not yet begun. The county would like to complete the project as soon as possible, with the following modifications:

a. New Sand Sources for Beach Renourishment: The applicant seeks authorization to utilize two new sand sources as options for beach renourishment. These include DMMA FL-3 as well as the dredged sand from the SAJ-2012-02400 Summer Haven River dredge template. The dredged sand from the Summer Haven River is already authorized for use for the beach fill due to SAJ-2012-02400 Summer Haven River Beach Nourishment Project and SAJ-2010-03050 having an overlapping beach template fill boundary (SAJ-2010-03050 beach fill template boundary is from R-202 to R-208.5 and SAJ-2010-03050 beach fill template boundary is from R-200 to R-208.5). However beach nourishment fill for SAJ-2010-03050 is only approved for use from DMMA SJ-1, which is located directly northwest of the Matanzas Inlet, northwest of the tip of Rattlesnake Island/Fort Matanzas. SAJ-2010-03050 was permitted first and was only approved to utilize DMMA SJ-1 as a sand source. The sand sources will be reviewed by Florida Department of Environmental Protection (DEP) for confirmation that the sand sources will have the regulated mean grain size and percent silt content required to be compatible with the current fill template’s sand and silt content.

b. Remove Permit Special Conditions Clause 3 That Limits Work During Sea Turtle Nesting Season: The applicant seeks authorization to modify the SAJ-2010-03050 permit special conditions to remove the Authorization Limitation Clause 3 that limits work along or on the beach and/or dune complex during sea turtle nesting season. SAJ-2012-02400, which permits beach nourishment overlapping the beach fill template for SAJ-2010-03050 from R-202 through R-208.5 already allows work during sea turtle nesting season. St. Johns County would like to conduct work year round on an as needed basis under the purview of SAJ-2010-03050 as well to stabilize the shoreline on a critically eroded beach.

c. Update Renourishment Frequency: The applicant seeks authorization to modify the permit from a one-time renourishment event (this event has not occurred yet) to allow for maintenance on an as needed basis. This would allow beach nourishment during post storm emergencies for the remainder of the permit timeframe (the permit expires August 24, 2012).

AVOIDANCE AND MINIMIZATION INFORMATION: The applicant formerly indicated that the “no action” alternative would likely result in continued beach erosion and, potentially, damage to the remaining local residences. The applicant further indicated that any reduction in the scope of work could prevent the attainment of project goals.

No hardbottom impacts are proposed or anticipated. Additionally, the applicant has provided the following information in support of efforts to minimize impacts to the aquatic environment:

Sand: The applicant has tested the material from the proposed Summer Haven River and DMMA SJ-3; and, indicates that the material meets the standards for beach nourishment material.

Wildlife: In order to minimize potential impacts to nesting female and sea turtle hatchlings, the originally proposed beach fill design will be utilized for the proposed modification. The seaward slope should minimize the potential for escarpment formations, prevent ponding on the new beach berm, and assist in directing hatchlings seaward to the ocean. Protective measures found in the Statewide Programmatic Biological Opinion (SPBO) would be followed to minimize impacts to federally listed species.

Aesthetics: Best management practices would be executed to minimize the presence of equipment and personnel in the Project Area and related habitats.

COMPENSATORY MITIGATION: The work would not adversely affect dune or aquatic habitats. Therefore, the applicant previously expressed an opinion that mitigation for the work proposed is not warranted.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the beach fill template, the Summer Haven River dredge template or the DMMA FL-3 borrow 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 Office and those federally recognized tribes with concerns in Florida and the permit area.

ENDANGERED SPECIES: The Corps has determined the proposed project could have various effects on the below mentioned species (reference Table 1). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act.

Table 1. Endangered Species Determinations

Species/Critical Habitat

Status*

Agency*

Biological Opinion*

Covered Under Biological Opinion

Corps Initial Determination*

Manatee (Trichechus manatus)

T

USFWS

SPBO

Yes

MANLAA

Eastern Indigo Snake (Drymarchon couperi)

T

USFWS

Eastern Indigo Snake Key

Yes

NLAA

Florida Scrub Jay (Aphelocoma coerulescens)

T

USFWS

N/A

N/A

No effect

Sea Turtles Nesting:

 

 

 

 

 

Loggerhead (Caretta caretta)

T

 

USFWS

SPBO

Yes

MANLAA

Green (Chelonia mydas)

T

 

USFWS

SPBO

Yes

MANLAA

Kemp’s Ridley (Lepidochelys kempii)

 

E

USFWS

SPBO

Yes

MANLAA

Leatherback (Dermochelys coriacea)

E

 

USFWS

SPBO

Yes

MANLAA

Hawksbill (Eretmochelys imbricata)

E

 

 

USFWS

SPBO

Yes

MANLAA

Loggerhead Sea Turtle Critical terrestrial Habitat Unit LOGG-T-FL-03

 

USFWS

SPBO

Yes

NLAM

Piping Plover (Charadrius melodus)

T

USFWS

P3BO

Yes

MANLAA

Rufa Red knot (Calidris canutus rufa)

T

USFWS

P3BO

Yes

MANLAA

North Atlantic Right Whale

E

NMFS

SARBO

Yes

No Effect

North Atlantic Right Whale Critical Habitat Unit 2

 

 

 

 

NLAM

Sea Turtles Swimming:

 

 

 

 

 

Green (Chelonia mydas);

 

 

 

T

 

NMFS

SARBO/

JAXBO

Yes

MANLAA

Kemp’s Ridley (Lepidochelys kempii);

E

NMFS

SARBO/

JAXBO

Yes

MANLAA

Leatherback (Dermochelys coriacea);

 

E

NMFS

SARBO/

JAXBO

Yes

MANLAA

Loggerhead (Caretta caretta);

 

T

NMFS

SARBO/

JAXBO

Yes

MANLAA

Hawksbill (Eretmochelys imbricata)

E

NMFS

SARBO/

JAXBO

Yes

MANLAA

Loggerhead Sea Turtle Neritic Habitat Unit LOGG-N-15

 

NMFS

SARBO/

JAXBO

Yes

NLAM

Atlantic sturgeon (Acipenser oxyrinchus oyrinchus)

E

NMFS

SARBO/

JAXBO

No

MANLAA

Shortnose sturgeon (Acipenser brevirostrum)

E

NMFS

SARBO/

JAXBO

Yes

MANLAA

Smalltooth Sawfish (Pristis pectinata)

E

NMFS

SARBO/

JAXBO

No

MANLAA

 

 

*Key:

NMFS: National Marine Fisheries Service

USFWS: United States Fish and Wildlife Service

T: Federal Listing Status Threatened

E: Federal Listing Status Endangered

SPBO: Statewide Programmatic Biological Opinion 2015

SARBO: South Atlantic Region Biological Opinion 1997

P³BO: Piping Plover Programmatic Biological Opinion

MANLAA: May Affect, Not Likely to Adversely Affect

MALAA: May Affect, Likely to Adversely Affect

NLAM: Not Likely to Adversely Modify

NE: No Effect

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 fill seaward of the Mean High Water Line is 12.3 acres within a nearshore habitat utilized by various life stages of species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Atlantic Ocean. 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 Corps has verified the extent of Federal jurisdiction.

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 within 21 days from the date of this notice. For electronic mail (preferred) submit comments to Terri.M.Mashour@usace.army.mil. For standard mail submit comments to Post Office Box 4970, Jacksonville, Florida 32232. Please reference this permit number, SAJ- 2010-03050 (MOD-TMM), on all submittals.

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, Terri Mashour by electronic mail at Terri.M.Mashour@usace.army.mil or by telephone at (904) 570-5412.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with USFWS, Environmental Protection Agency (EPA), the NMFS, 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 would have on the natural resources of the area. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.

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 of 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 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.