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: HyDry Company, LLC
4310 Pablo Oaks Court
Jacksonville, Florida 32224
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway (IWW). The project site is located along the western shoreline of the IWW, which is associated with a residential subdivision located within portions of Sections 41, 48, 49, and 51, Township 3 South, Range 28 East, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.1389°
Longitude -81.3948°
PROJECT PURPOSE:
Basic: The basic project purpose is access to navigable waters.
Overall: The overall project purpose is the establishment of access to navigable waters (construction of docks) for a residential subdivision contiguous to the western shore of the IWW
EXISTING CONDITIONS: The project site encompasses the western shore of the IWW contiguous to a property associated with a residential subdivision. Portions of the uplands within the project area are relic dredge spoil islands associated with the establishment and subsequent maintenance of the IWW. The shoreline area generally encompasses intermittent intertidal emergent herbaceous wetlands and transitional marsh, which rises to scrub-shrub zones interspersed with mixed canopy vegetation. The waterward extent of the project area encompasses open water of the IWW and intertidal sand and mudflats.
PROPOSED WORK: The applicant seeks authorization to install 30 pile-supported single-family docks for residential parcels contiguous to the IWW and one 6-slip community dock in/over navigable waters of the United States.
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:
Prior to the start of construction, turbidity curtains will be deployed to isolate the construction site from ambient waters. These will remain in place until all construction induced turbidity has subsided and water quality has returned to pre-construction conditions.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The construction of the proposed docks would result in a negligible loss of aquatic functions and services (the specific square-footage of pilings); however, the pilings could provide habitat for crustaceans/mollusks that live within intertidal zones. In consideration of the negligible loss of aquatic functions and services, the applicant did not propose compensatory mitigation.
CULTURAL RESOURCES:
a. The Corps compiled a Resource at Risk (RAR) report, which indicated that a Cultural Resource Assessment Survey (CRAS) may be required. However, the Corps evaluated potential effects to historic and/or cultural resources during the review of the Department of the Army permit application associated with the establishment of the contiguous subdivision. That evaluation determined that the establishment of the subdivision would not affect any site listed, or eligible for listing, in the National Register of Historic Places (NRHP). The work currently proposed would result in the construction of numerous single-family, private docks; and, one multi-slip community structure. The Corps concludes that the previous evaluation of potential effects to historic and/or cultural resources addresses any potential effects to such resources related to any work in the uplands associated with the proposed structures. With respect to work within shoreline wetlands, the Corps concludes that the activity (installation of pilings) is of such limited scope there is little likelihood of impact upon a historic property; therefore, that work would have no potential to cause effect. Finally, with respect to work within open waters of the IWW, the Corps concludes that the permit area has been extensively modified by previous dredge operations associated with the IWW and that there is little likelihood a historic property may be affected (i.e., no potential to cause effect).
b. In consideration of the information above, the Corps is not aware of any known historic properties within the permit area. By copy of this public notice, however, 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 ACT (ESA):
a. Manatee (Trichechus manatus): Manatee inhabit waters of the IWW; therefore, this species could be present at the project site. 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-H-I-L-N-O-P1/P4-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, which the applicant has agreed to implement. The U.S. Fish and Wildlife Service (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.
b. Wood Stork (Mycteria americana): Wood Storks nest in colonies (rookeries); and, roost and feed in flocks. Stork breeding populations in Florida trend in the central and southern counties with a few scattered northeastern Florida counties. The stork uses freshwater and estuarine wetlands as feeding, nesting, and roosting sites. Storks feed primarily on small fish in calm, uncluttered water depths between 2- to 15-inches deep. Often a dropping water level is needed to concentrate fish in an area to feed; conversely, a rise in water reduces the value of a site as feeding habitat. Generally, drying marshes, stock ponds, shallow roadside or agricultural ditches, narrow tidal creeks or shallow tidal pools, depressions in cypress swamps or sloughs provide the ideal feeding habitat. Most nesting colonies in the southeastern U.S. are located in woody vegetation over standing water or on islands surrounded by broad expanses of open water, including areas that have been impounded by man-made structures, although this is only for a short period of time. The project is within the Core Foraging Area of a Wood Stork colony; therefore, this species could use the project site to forage. However, the project would affect less than 0.5 acre of suitable foraging habitat for Wood Storks. 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 in Central and North Peninsular Florida, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect. The FWS previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for Wood Storks; and, that no additional consultation is necessary.
c. Eastern Indigo Snake (Drymarchon corais couperi): Eastern Indigo Snake frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. The proposed work area does not support gopher tortoise burrows nor xeric habitat; and, generally encompasses tidal shoreline and open waters associated with the IWW. In consideration of the potential presence of eastern indigo snake habitat, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the sequence A-B-C-D-E-may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
d. 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 National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The project site does not encompass marine or estuarine habitat, nor an area identified as EFH. The proposal would impact approximately 0.2 acres of sparsely vegetated tidally influenced riverine shoreline associated with the IWW. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the IWW. 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 proposed extent of waters of the United States encompassed by the project site.
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, 701 San Marco Boulevard, Jacksonville, Florida, 32207 or by electronic mail to the project manager, Mark Evans, at mark.r.evans@usace.army.mil within 30 days from the date of this notice. Please note, due to office staffing precautions associated with CoVid-19, electronic mail correspondence is preferred.
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 R. 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. Please note, due to office staffing precautions associated with CoVid-19, electronic mail correspondence is preferred.
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.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer as noted above within the designated comment period of the notice and must state the specific reasons for requesting the public hearing. The Corps will evaluate any request(s) for a public hearing; and, determine whether or not a public hearing will be held.