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-2020-00321 (SP-PRJ)

USACE - Regulatory
Published May 20, 2021
Expiration date: 6/9/2021

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:  Mr. Greg Bare
                       Buckeye Partners, L.P.
                       13 Private Road 1160 (Highway 563)
                       Liberty, Texas 77575

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located in the St. Johns River at 2617 Zoo Parkway, in Section 16, Township 1 South, Range 27 East, Jacksonville, Duval County, Florida.

Directions to the site are as follows: Traveling from Jacksonville take Interstate 95 (I-95) traveling north to Exit 358A to State Road 105 (SR-105)/ Zoo Parkway. Follow SR-105/ Zoo Parkway to the project site that is located at 2617 Zoo Parkway on the south side of Zoo Parkway.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.415539°
                                                                          Longitude -81.596040°

PROJECT PURPOSE:

Basic: The basic project purpose is navigation.

Overall: The overall project purpose is to make changes to the existing dock to improve the mooring for oil carrier vessels. The dock improvements would support operations at the Buckeye Terminal oil import/export facility located on the adjoining upland parcel.

EXISTING CONDITIONS: The project site is an existing oil import/export facility located along the St. Johns River. The project site includes the oil import/export facility located on the uplands and the existing marine terminal dock which includes a loading dock, timber approach trestles, mooring buoys, and breasting dolphins. The project area can be characterized as deep-subsurface waters with depths to -39 feet mean lower low water (MLLW). The mooring area is devoid of vegetation and approximately 1,500 feet from existing shorelines.

PROPOSED WORK: The applicant seeks after-the-fact authorization for the existing 20-foot by 713-foot dock extension with associated loading docks, timber approach trestles, breasting dolphins, and 4 mooring buoys. The applicant requests authorization for the addition of a 3-foot by 6-foot access walk associated with the existing breasting dolphin located on the western end of the existing structure. The applicant also requests authorization for the installation of 2 mooring dolphins and 1 breasting dolphin. The applicant would also remove the existing west breasting dolphin and access walkway as labeled in the attached project drawings.

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 proposed project shall avoid and otherwise minimize adverse effects to coastal waters submerged lands, and special aquatic resources. Through collaboration between project engineers and environmental investigators, the proposed project has been designed to minimize potential impacts while fulfilling the project purpose and need. Additionally, the proposed Project has been designed to utilize existing infrastructure to the maximum extent practicable, thereby avoiding increased and dispersed impacts associated with the construction and installation of new additional infrastructure. The proposed project does not include any activities resulting in permanent impacts to any special aquatic sites. During construction, best management practices will be utilized to minimize temporary impacts to the maximum extent practicable.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

The proposed project shall avoid and otherwise minimize adverse effects to coastal waters, submerged lands, and special aquatic sites. The proposed project does not include activities that would result in the net loss of waters of the United States, including wetlands. As such, no compensatory mitigation is proposed.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit 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 Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: Since the proposal is for in-water work, the Corps evaluated the potential impacts to the West Indian Manatee using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida – April 2013 (Key). Use of the Key resulted in the sequence A > B > May affect, additional consultation with the U.S. Fish and Wildlife Service is required. The Corps will request initiation of formal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps evaluated the proposed work utilizing the National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. The proposed project does not meet the criteria of the JAXBO therefore the Corps will initiate separate consultation with the NMFS Protected Resource Division pursuant to Section 7 of the Endangered Species Act by separate letter.

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 8acres of coastal inlet substrate utilized by various life stages of shrimp (Farfantepenaeus spp., Penaeus sp., and/or Litopenaeus spp.), snapper (Lutjanus spp.) and grouper (Mycteroperca spp. and/or Epinephelus spp.). 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 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 not 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, P.O. 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, Paula R. Johnson, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at paula.r.johnson@usace.army.mil or by telephone at (904)232-2503.

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. 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.