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: Windward Jacksonville Beach Owner LLC
Attn: Mr. Stefan Johansson
2999 Northeast 191st Street
Aventura, Florida 33180
WATERWAY AND LOCATION: The affected waters of the United States is Pablo Creek. The project location is at 2315 Beach Boulevard, in Section 32, Township 2 South, Range 29 East, Jacksonville Beach, Duval County, Florida.
Directions to the site are as follows: From Interstate-95 take the exit for US Highway 90/Beach Boulevard. Proceed until after the crossing of the Intracoastal Waterway and the project site is immediately on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.2888946°
Longitude -81.4199766°
PROJECT PURPOSE:
Basic: The basic project purpose is expansion of a commercial development.
Overall: The overall project purpose is the expansion of docking structures in an existing marina at 2315 Beach Boulevard, Jacksonville Beach, Florida.
EXISTING CONDITIONS: The property encompasses generalized land use/cover types identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). The project site is within a previously dredged canal that confluences with Pablo Creek, which is classified as Streams and Waterways (FLUCFCS code 510). The Intracoastal Waterway is approximately 170 feet to west. The surrounding land-use is classified as Marina (FLUCFCS code 184).
PROPOSED WORK: The applicant seeks authorization to install two floating docks onto existing floating dock structures at a marina with the following dimensions: 1) a continued 8-foot by 140-foot access pier and a 10-foot by 250-foot terminal platform; and 2) a continued 8-foot by 330-foot pier. The applicant would install sixty 1 square concrete piles using jetting techniques to moor the floating docks. The floating docks would be used for temporary mooring of vessels and would accommodate approximately 20 new temporary boat spaces (somewhat variable based on boat lengths). The far western dock extension would be 3,540 square feet, accommodate approximately 14 extra temporary slips, and serve as a wave attenuator for exposed permanent slips. The northern floating dock extension would be 2,327 square feet, accommodate approximately 6 extra slips and provide temporary loading/unloading areas for marina visitors. The marina is currently permitted for 685 slips (335 wet slips and 350 dry slips).
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:
“No wetland impacts will take place from the proposed works. The proposed floating docks will occur over open water within an artificially constructed boat basin permitted for maintenance dredging maintained at -7’ depth below mean low water. No submerged/emergent aquatic vegetation, nor shellfish colonies are present within the work area. The applicant will implement standard in-water construction conditions associated with potential effects to manatee. No additional pump-out or refueling services are proposed as part of this application. Turbidity control measures such as floating turbidity curtains will be employed during construction so turbidity disturbances will be abated.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“Since there is no net loss of wetland impacts, or ecological function associated with the proposed activities, we believe mitigation should not be necessary for this project.”
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project may affect the West Indian manatee (Trichechus manatus) using the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. The Corps will request formal consultation with the United States Fish and Wildlife Service for comments with this determination pursuant to Section 7 of the Endangered Species Act by separate letter. The Corps reviewed the Jacksonville District’s Programmatic Biological Opinion, dated 20 November 2017 and determined the increased vessel traffic may affect the green sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta), hawksbill sea turtle (Eretmochelys imbricata), Kemp’s Ridley Sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus), smalltooth sawfish (Pristis pectinata), shortnose sturgeon (Acipenser brevirostrum), Oceanic giant manta ray (Mobula birostris), and the North Atlantic right whale (Eubalaena glacialis). The Corps will request formal consultation with the National Marine Fisheries Service for comments with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. The proposal would impact approximately 50 square feet of estuarine habitat utilized by various life stages of shrimp, snapper, and grouper species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within Pablo Creek. 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.
Navigation: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 170 feet away from the near bottom edge of the Intracoastal Waterway Federal channel.
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 application should be submitted in writing to the District Engineer at the above address 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, you may contact me 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.
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.