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: 200 Nix Boat Yard, LLC.
Mark Vickers, Representative
205 Commercial Drive, Unit 2
St. Augustine, Florida 32092
WATERWAY AND LOCATION: The project would affect waters of the United States (open water) associated with the San Sebastian River. The project site is located at
200 Nix Boat Yard Road (St. Johns County Property Appraiser – Parcel Identification Number 134821000, 1348320010, 1348320030), in Section 41, Township 7 South, Range 30 East, St. Augustine, St. Johns County, Florida. Directions to the site are as follows: From downtown Jacksonville, take Interstate 95 south to FL-16 East. Continue on FL-16 East to 4 Mile Road. Take 4 Mile Road to roundabout and take the second exit onto N. Volusia Street. From N. Volusia Street take a left onto West King Street. Then turn right onto US-1 / South Ponce De Leon Boulevard and follow for approximately 1.2 miles. Then take a left onto Nix Boat Yard and the site will be on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.872290° N
Longitude -81.317770° W
PROJECT PURPOSE:
Basic: The basic project purpose to expand an existing marina.
Overall: The overall project purpose is to expand an existing commercial marina
located at 200 Nix Boat Yard Road, St. Augustine, St. Johns County, Florida.
EXISTING CONDITIONS:
a. General: The project is located within an estuarine subtidal system known as the San Sebastian River. The site is an operating commercial marina with boat club that includes typical vessels on site such as recreational, pleasure crafts, and commercial vessel with a depth range between 20-32 feet in range. This site has a submerged lands lease with the City of St. Augustine. The site currently has 14 parallel wet slips.
b. Vegetative Communities: This site contains 3 generalized community types or land uses characterized by the Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida Department of Transportation (FDOT), State Topographic Bureau, Thematic Mapping Section, 1999]:
i. Marina’s and Fish Camp (FLUCFCS 1840) -approximately 4.5 acres: structure indicates that active user-oriented recreation is or could be occurring within the given physical area. This category would include golf courses, parks, swimming beaches and shores, marinas, fairgrounds, etc.
ii. Saltwater Marshes (FLUCFCS 6420) -approximately 1.92 acres: The communities included in this category will be predominated by one or more of the following species: Cordgrasses, Needlerush, Seashore Saltgrass, Saltwort, Glassworts, Fingerush, Salt Dropseed, Seaside Daisy or Salt Jointgrass.
iii. Open Water (FLUCFCS 5100) – approximately 2.89 acres: This FLUCCS Community comprises San Sebastian River.
c. Project History: The project is associated with prior Corps authorizations. One of the auhorizations is dated November 10, 1983 and was for the dredging and construction of a floating pier. On March 4, 1997, the Corps authorized a 14-slip marina. On February 23, 1998, the Florida Department of Environmental Protection (FDEP) issued an Environmental Resource Individual Permit number 55-0113052-001-EI for the 14-slip marina. On August 4, 2009, the Corps authorized an after-the-fact authorization for the installation of 22 mooring pilings and to increase the number of vessels moored at the facility from 14 to 20 vessels. On October 7, 2009, the FDEP issued a Consent Order Number 09-3239 for the unauthorized placement of mooring pilings. On February 16, 2022, the Corps authorized shoreline stabilization. On February 23, 2022, a self-certification was issued by FDEP under 55-0417010-001-EG for a stormwater management system in uplands serving less than 10 acres of total project area and less than 2 acres of impervious surfaces. On March 10, 2022, the Corps authorized a reverification of the project verified on February 16, 2022, for shoreline stabilization authorization. On April 12, 2022, the FDEP issued an Environmental Resource Individual Permit number 55-0410938-002-EI for shoreline stabilization.
PROPOSED WORK:
1) The applicant seeks authorization to remove the existing 7-foot by 420-foot floating dock and to replace it with two (2) floating docks (Dock A and Dock B). Access to the floating docks will be from a 5-foot by 40-foot aluminum ramp connect to a 6-foot by 50foot floating dock with a 6-foot by 6-foot triangle to assist with the connection to the main floating docks. Dock A and Dock B will be 10-foot by 454-feet with a 12-foot by 45-foot floating dock connection. The existing access dock will remain in place and be modified to add six (6) 2-foot by 5-foot bypasses to allow for easier passing for pedestrians and carts. Dock A and B would allow up to fifty-two (52) wet slips.
2) The applicant proposes a new dry storage staging area that would consist of a 6-foot by 30-foot fixed wood access dock that ramp that would connect the existing main access pier to a 6-foot by 6-foot fixed wooden landing functioning as the base for the 5foot by 30-foot aluminum ramp that leads to the proposed floating dock for dry storage staging. A 6-foot by 20-foot fixed wood dock would connect the upland seawall and dry storage launch platform with the same 6-foot by 6-foot landing platform, that would be used principally by employees during vessel launching. The proposed 5-foot by 30-foot aluminum ramp would connect to a proposed 8-foot by 215-foot floating dock. This proposed floating dock would be used for staging vessels in dry storage, providing an average of six (6) temporary slips. A 4-foot by 50-foot floating dock segment is to be located adjacent to the landing platform and connected to the floating dock and will be used for pulling boats out of the forklift launch area to relocate to the dry storage staging docks.
3) The applicant proposes to develop the uplands to construct a dry storage marina for a total of 78 dry slips, access roads, parking areas, utilities, and a stormwater management system.
4) Lastly, the applicant proposes to mechanically dredge 29,100 square-feet (0.67 acres) to remove approximately 4,452 cubic yards of material from the dry storage staging basin and the proposed floating dock area to a depth of 5 feet below the mean low water line. The spoil material will be placed on a barge and transported to Reed Island and upland dredge material management area. The applicant would implement best management practices to minimize secondary impacts by use of turbidity curtains to be installed around the project area. .
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 contractor will exercise best management practices during all phases of construction to prevent the spread of turbidity outside of the enclosed work area. Turbidity curtains are proposed around the in-water work sites to control turbidity from entering the surround water body. Turbidity control measures will be maintained until all construction is complete and turbidity will be visually monitored. In addition, the applicant agrees to comply with the Standard Manatee Conditions for In-Water Work, 2011 and the Vessel Strike Avoidance Measures and Reporting for Mariners NOAA Fisheries Service, Southeast Region conditions.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant is not proposing wetland mitigation because they are not proposing any fill of wetlands or surface waters by removing portion of the existing dock and installing new portions of the dock. The dredge material will be mechanically removed and placed on a barge to be transported to a Reed Island an upland disposal site.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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:
a. The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus). The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
b. Wood Stork (Mycteria americana): The project site is approximately 1.7 miles from the St. Augustine Alligator Farm Wood Stork Colony; and, within the Core Foraging Area of this colony, therefore, the Corps evaluated potential effects to this species. 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 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 Wood Storks; and, that no additional consultation is necessary.
c. Eastern indigo snake (Drymarchon corais couperi): The proposed work is connected to an upland area; therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequential determination A-no effect. The FWS previously indicated that they concur with determinations of no effect, based on the key for eastern indigo snake; and, that no additional consultation is necessary.
d. On 23 June 2022, the Corps executed a Resources at Risk (RAR) report. 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 proposal would impact approximately 0.67 acres of open water utilized by various life stages of clearnose skate, sailfish, shrimp, snapper grouper, spiney lobster, windowpane flounder, and various shark species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the San Sebastian 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.
NAVIGATION: The project is located adjacent to the San Sebastian federal channel. The applicant will provide a X,Y State Florida State Plan coordinate survey to the Corps so that the Navigation Section can review.
SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, may 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 not 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, P.O. Box 4970, Jacksonville, Florida 32232 within 30 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, Janice Price, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232; by electronic mail at Janice.R.Price@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)570-4542.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 55-0410938-003-EI.
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.