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. Ryan Gilmore
Moonshine Landing at Crescent Lake LLC
PO Box 891
Branford, Florida 32008
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Crescent Lake. The project site is located at 257 South Highway 17 in Section 30, Township 12 South, Range 28 East, Crescent City, Putnam County, Florida.
Directions to the site are as follows:
Continue to Acosta Expy - 1 min (0.3 mi)
Follow I-95 S to FL-207 S in St. Johns County. Take exit 311-St Augustine Bch from I-95 S - 34 min (39.2 mi)
Merge onto FL-207 S - 20 min (19.3 mi)
Use the left 2 lanes to turn left onto Hwy 17 S Destination will be on the left - 27 min (22.7 mi)
End at Moonshine Landing RV Park, 2570 Hwy 17, Crescent City, Florida 32112
APPROXIMATE CENTRAL COORDINATES: Latitude 29.4205671°
Longitude -81.5090092°
PROJECT PURPOSE: The purpose of the proposed project is to construct a commercial dock marina to serve a RV park that would provide boating access to the Crecent Lake near Crescent City in Putnum County, Florida. .
EXISTING CONDITIONS:
The property has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS).
Upland Communities
Pine Plantation (FLUCFCS 441) (9.98 acres)– This community has a canopy of planted slash pine with a cleared sparse understory and groundcover.
Mixed Hardwoods (FLUCFCS 438) (4.39 acres) – This community is predominated by hardwood species in the uplands.
Wetland Communities
Mixed Wetland Hardwoods (FLUCFCS 617) (0.19 acre) – This community has a canopy of red maple (Acer rubrum), sweetgum (Liquidambar styraciflua) and pond cypress (Taxodium ascendens). The understory and groundcover are sparsely vegetated with fetterbush (Lyonia lucida), lizard’s-tail (Saururus cernuus), cinnamon fern (Osmunda cinnamomea) and Virginia chain fern (Woodwardia virginica).
Lake
Crescent Lake is classified as Water (FLUCFCS code 520) (0.13 acre).
An Submerged Aquatic (SAV) benthic survey was performed, and no SAVs were documented in the project area.
PROPOSED WORK: The applicant seeks authorization to construct a 30-slip, 5,616 square foot commercial dock. The dock will be fixed at a height of 4’ above mean high water and wetlands. (mixed wetland hardwoods). The main access piers will be 6’ wide with fifteen (15) 2’ X 20’ finger piers. Additionally, the proposed dock includes a 30’ X 50’ terminal dock area with a 20’ X 30’ roofed area. No refueling, pumpout facilities or fish cleaning stations are proposed.
Upland buffer preservation, vegetative natural buffer restoration, and an upland retaining wall are all part of the proposed project; however, these activities do not require Corps authorization.
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:
“A SAV assessment was performed and none were present. No refueling, pumpout facilities, or fish cleaning stations are proposed. “
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Due to the access pier’s 6’ width, and 4’ heigh above the wetland fringe, secondary impacts are assessed. This will equate to the purchase of 0.01 UMAM credit at a regionally significant mitigation bank.”
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 proposed project may affect, but is not likely to adversely affect the smalltooth sawfish, Atlantic sturgeon and shortnose sturgeon, hawksbill turtle (Eretmochelys imbricata), leatherback turtle (Dermochelys coriacea), green turtle (Chelonia mydas), loggerhead turtle (Caretta caretta), and Kemp’s ridley turtle (Lepidochelys kempii), and whales (North Atlantic right whale, sei, blue, fin, and sperm): The Corps evaluated the proposed work utilizing 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 (ESA). Based on past permitting practices of the Corps and review of consultations with similar in water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in water construction activities. These PDCs ensure effects of in water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of designated critical habitat. On 21 February 2018, NMFS listed the giant manta ray as threatened. On 5 November 2021, SAJ-RD provided NMFS PRD with a Section 7(a)(2) and 7(d) Endangered Species Act (ESA) analysis to verify that the activities covered in JAXBO are not likely to jeopardize the continued existence of the giant manta ray (Manta birostris). The Section 7(a)(2) and 7(d) ESA analysis validates that the Corps’ continued use of the JAXBO, while Section 7 ESA consultation is ongoing, remains compliant with the ESA’s requirements to avoid jeopardy and irreversible or irretrievable commitments of resources. On 16 May 2022, Johnson’s seagrass and its critical habitat were delisted from the ESA. Therefore, the PDCs included in JAXBO to minimize adverse effects to Johnson’s seagrass and its critical habitat are no longer applicable. A document identifying the specific PDCs can be found in the SAJ-2018-01916 file or on the SAJ Regulatory Division SourceBook in the ESA section. For this verification, the Corps conducted a project specific review to ensure that all of the PDCs were met. In accordance with the project specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity will be emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil. Therefore, the Jacksonville District satisfied the project specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above listed species and critical habitats within the NMFS purview.
b. The Corps has determined the proposed project is not likely to adversely affect the Wood Stork (Mycteria americana). The project site is within approximately 11.1 miles from the Lake Disston Nesting Colony, and, within the Core foraging area of this colony. The work proposed would affect suitable foraging habitat (SFH). 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. Upon Corps receipt of a general concurrence issued by the JAFL through the Programmatic Concurrence on this key, determinations of projects made pursuant to this key require no further consultation with JAFL. 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. The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus). The project site is within an area accessible to manatees; therefore, this species may be present at the project site. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, to determine potential effects upon this species. Use of this key resulted in the sequential determination A-B-C-G-H-I-J-L-N-O-P1 – May affect, not likely to adversely affect for the multi-family dock. 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 manatees; and, that no additional consultation is necessary.
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 0.13 acres of open waters and subaqueous habitat utilized by various life stages of summer flounder and bluefish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Crescent Lake. 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 proposed structure is not located in the vicinity of a federal navigation 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 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, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Tracy Sanders, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Tracy.sanders@usace.army.mil or by telephone at (904)704-2611.
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 St. Johns River Water Management District.
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.