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. Augustine Port, Waterway, and Beach District
c/o Mrs. Elyse Kemper
3670 US 1 South, Suite 290
St. Augustine, Florida 32086
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located within portions of the Summer Haven River and between Florida Department of Environmental Protection (DEP) beach range (R) monuments R-200 and R-208.5 along the beach shoreline and in the navigable waters of the Atlantic Ocean. The beach nourishment project area is parallel to the Old State Road A1A right-of-way, within the Pedro Menendez Land Grant, in all or portions of Section 24, 30 31, 38, and 49, Township 9 South, Range 31 East, Summer Haven, St. Johns County, Florida.
Directions to the site are as follows: From north of the Project Area at the intersection of State Road (SR) 206 and A1A, drive around 6 miles south. The project lies to the east within the Summer Haven River and along the Atlantic Ocean shoreline.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.694063°
Longitude -81.222923°
PROJECT PURPOSE:
Basic: The basic project purpose is river restoration and shoreline protection.
Overall: The overall project purpose is to restore the Summer Haven River and stabilize the shoreline along the Atlantic Ocean in Summer Haven, Florida.
EXISTING CONDITIONS: The Summer Haven River is a brackish water river that has fringes of mangroves along the banks and within sloughs bordering the river. It has
beach sand built up from beach front washouts during heavy storms creating a shallow system. There is currently a breach connecting the Atlantic Ocean to the Summer Haven River at approximately R-205.
The beach ecological community found within the Project Area at Summer Haven occupies approximately 30 acres. 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-200 through R-202 there is a narrow strand of beach front with no vegetation and no homes. 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. Currently, the road is completely covered with beach sand. From R-205 north to R-200, the road is completely gone.
PROJECT HISTORY: The Corps authorized the work under SAJ-2012-02400 in November 2014. The permit was modified October 31, 2016 to redesign the work. The permit underwent modification #2 November 9, 2020 for a time extension of 2 years, to extend the boundary, and to maintenance dredge. The project could not be completed within the 2-year time extension due to COVID 19 delays and additional storms.
PROPOSED WORK: The applicant seeks authorization to modify the existing Department of the Army permit SAJ-2012-02400 by extending the time frame in which to complete the work by 5 years. The final expiration date would be November 24, 2026. All previously permitted work would remain the same.
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 formerly indicated that the, “no action” alternative would likely result in continued beach erosion into the river, preventing the completion of the Summer Haven River restoration project. The applicant further indicated that any reduction in the scope of work could prevent the attainment of project goals.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant formerly indicated that, “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 previously evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. The Corps determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES: The Corps has determined the proposed project may have the following effects on the below mentioned species or their designated critical habitat. The Corps has requested, and the U.S. Fish and Wildlife Service has provided concurrency, with these determinations pursuant to Section 7 of the Endangered Species Act.
*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 proposal would impact approximately 33.3 acres of estuarine habitats utilized by various life stages of shrimp (Farfantepenaeus spp., Penaeus spp., and/or Litopenaeus spp.), snapper (Lutjanus spp.), and grouper (Mycteroperca spp. and/or Epinephelus spp.) as well as 1.58 miles of nearshore habitat within the Atlantic Ocean. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Summer Haven 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.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
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 within 15 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Terri.M.Mashour@usace.army.mil; by telephone at (904) 570-4512.
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.
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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection.
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.