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: Chad Guinn
688 10th Avenue South
Jacksonville Beach, Fl 32250
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a tidal creek system connected to the Amelia River. The project site is located at Lot 8, 0 Riverside Drive (Nassau County Property Appraiser Parcel Identification Number 00-00-30-056O-0008-0000), in Section 5, Township 2 North, Range 28 East, Fernandina Beach, Florida, Nassau County, Florida.
Directions to the site are as follows: Traveling from downtown Jacksonville take I-95 North to Fl-200/Florida A1A South. Take exist and travel Fl-200/Florida A1A South for 11.9 miles, then take a right onto Amelia Island Parkway. Follow Amelia Island Parkway for 0.7 miles and take a right onto River Oaks Drive. Next turn left onto Riverside Drive and go approximately 0.1 miles and the site will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.621404°
Longitude -81.470964°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a private residential single-family home and dock.
Overall: The overall project purpose is to construct a private residential single-family home and dock on Riverside Drive, Fernandina Beach.
EXISTING CONDITIONS:
a. The subject property is approximately 0.52 acres located within the River Oaks subdivision on Amelia Island. The site is bound to the north and south by private residences, to the east by Riverside Drive and to the west by Amelia River.
b. Project History:
i. An application was submitted on September 26, 2023 to construct a private residential single-family home and dock. On November 2, 2023, the application was withdrawn due to lack of response to the request for additional information.
c. State Permit History: An application was submitted to the Florida Department of Environmental Protection (FDEP) under FDEP site number 45-0440053-001-EI and is currently under review.
d. Soils: The Soil Survey of Nassau County, Florida indicates the following soil type within the property:
i. Leon fine sand, 0 to 2 percent slopes (9) – This is a nearly level, very poorly drained soil in tidal marsh areas. This soil is formed in thick beds of marine sand. Individual areas range from 3 to 50 acres in size. Typically, the surface layer is fine sand about 8 inches thick. In the upper 5 inches it is very dark gray, and in the lower 3 inches it is dark gray. The subsurface layer is gray fine sand about 18 inches thick. The subsoil is fine sand that extends to a depth of more than 80 inches. The upper 8 inches of subsoil is black and weakly cemented, the next 11 inches is very dark gray and weakly cemented, the next 8 inches is dark reddish brown, and the lower 35 inches is dark reddish brown and weakly cemented. Under natural conditions, this extremely to slightly acidic soil has a water table at or near the surface. Permeability is moderate to moderately rapid in the weakly cemented layers and rapid in all other layers. Natural fertility is low, and organic matter content is medium. Available water capacity is moderate.
ii. Tisonia mucky peat, tidal (28) - This poorly drained, nearly level soil occurs in broad tidal marshes. This soil floods daily during high tide. The surface layer is a dark brown mucky peat to approximately 40 inches. Underlying material is a dark olive gray clay to about 65 inches.
e. Vegetative Community Types: Vegetative Community Types: The site is undeveloped. The site encompasses generalized land use and vegetative communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) developed by the Florida Department of Transportation.
Upland Communities:
i. Live Oak (FLUCFCS 427) (approximately 0.06 acres) – This vegetative community consists of live oak (Quercus virginiana), yaupon holly (Ilex vomitoria) saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).
Wetland Communities:
- Wetland Forested Mixed (FLUCFCS 630) (approximately 0.52 acres) – This community consists of live oak, sweet bay (Magnolia virginiana), Virginia chainfern (Woodwardia virginicus), and various wet grasses and sedges.
- Streams and Waterways (FLUCFCS 510) (approximately 760 square feet)– This community includes the Amerlia River which forms the eastern boundary of the site. Salt marsh adjacent to the shorelines is supported in this community.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material within 0.39 acres (1700 cubic yards) of freshwater forested mixed wetlands to facilitate the construction of a single-family residence and associated infrastructure (garage, septic tank, and driveway). In addition, the applicant seeks authorization to construct a private residential single-family dock that consists of an access pier and covered boat slip. The dock would include a 5-foot by 65-foot access pier through freshwater forested freshwater wetlands, a 5-foot by 375-foot access pier through salt marsh and terminating in a 17-foot by 35-foot covered boat slip with a 3-foot roof overhang. The proposed dock will cross salt mars; therefore, the dock will be elevated 5-feet above grade through the salt marsh and will follow the Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic (SAV), Marsh or Mangrove Habitat U.S. Army Corp of Engineers/National Marine Fisheries Service November 2017. There would be 105 wood pilings, totaling 105-square-feet of in-water impacts, installed by drop punch.
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 purchased the waterfront property, at great expense, based upon the survey which showed the platted wetland boundary close to the salt marsh. The lots on either side of the property were filled and developed many years ago causing the subject property to become wet. Initially, the Applicant planned to fill the entire lot up to the platted upland buffer line which would have resulted in +/-0.1 acre of additional wetland impacts. Once the current condition of the property became know, the plan was scaled back and the remaining 0.13 acre of wetlands will remain in their current condition. In addition, the impact is necessary to construct a single-family home, septic system and appurtenant structures. The Applicant will construct 100’ of bulkhead in order to reduce wetland impacts by eliminating side slopes.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposed to purchase 0.208 palustrine forested federal mitigation bank credits from the Pigeon Creek Mitigation Bank (SAJ-2019-00294).
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 Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Wood stork (Mycteria americana), and Eastern indigo snake (Drymarchon couperi) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Additionally, the RAR also indicated that the USFWS Information for Planning and Consultation (IPAC) species list for the Nassau County Range that have habitat and could be located within the project site include: Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), and Red knot (Calidris canutus rufa), green sea turtle (Chelonia mydas), leatherback sea turtle (Dermochelys coriacea), Kemp’s Ridley sea turtle (Lepidochelys kempii), and loggerhead sea turtle (Caretta caretta).
- West Indian manatee (Trichechus manatus): Since the proposal by the applicant is for in-water construction, potential impacts to the manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequential determination A-B-C-G-H-I-N-O-P4 – May affect, not likely to adversely affect. This determination is based on the applicant adhering to the Standard Manatee Conditions for In-Water Work, 2011. The 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.
- Wood Stork (Mycteria americana): The project site is approximately 18.1 miles from the Jacksonville Zoo Wood Stork Colony, therefore, the Corps evaluated potential effects to this species. The work proposed would not 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. 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.
- 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 sequence A-B-C-may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
- 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 project area is just over 8.48 miles southwest of the St. Marys River Inlet at the Atlantic Ocean; therefore, these species could be found on site. The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO, SAJ-2018-01916) 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. 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 are not likely to jeopardize the continued existence of listed species or adverse modification to designated CH. 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 were emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil on September 29, 2023. 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.
- Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis): The species is listed as an IPAC species in the Nassau County range, per U.S. Fish and Wildlife Service (USFWS). Therefore, the Corps evaluated potential effects to this species. Black rails require dense vegetative cover that allows movement underneath the canopy. Because birds are found in a variety of salt, brackish, and freshwater marsh habitats that can be tidally or non-tidally influenced, plant structure is considered more important than plant species composition in predicting habitat suitability. When shrub densities become too high, the habitat becomes less suitable for eastern black rails. Soils are moist to saturated, occasionally dry, and interspersed with, or adjacent to, very shallow water of 1 – 6 centimeters. Eastern black rail habitat can be tidally or non-tidally influenced, and range in salinity from salt to brackish to fresh. Tidal height and volume vary greatly between the Atlantic and Gulf coasts, and therefore, contribute to differences in salt marsh cover plants in the bird’s habitat. In the northeastern United States, the eastern black rail can typically be found in salt and brackish marshes with dense cover but can also be found in upland areas of these marshes. Further south along the Atlantic coast, eastern black rail habitat includes impounded and unimpounded salt and brackish marshes. The project site contains salt marsh and hosts forested adjacent to the Amelia River and may provide suitable habitat for Eastern Black Rail Habitat. The project is not likely to affect the Eastern Black Rail as they would only occur where the dock is to be constructed which will not result in any loss of habitat. Therefore, the Corps determined the proposed work would have no impact on this species.
- Red knot (Calidris canutus rufa): This project is located within Red Knot consultation area. There is currently no critical habitat established for the red know; however, USFWS is proposing the designation of critical habitat (FR 88 FR 22530 22693). The Red Knot is a small migratory bird, with a nonbreeding range that includes the Atlantic coast of South America and the Caribbean islands; the southern Pacific coast of Chile and Panama; the North American Gulf and Atlantic coasts from Mexico to Canada; the interiors of South America, the US, and Canada west to the Great Plains. Some rufa red knots fly more than 9,300 miles north every spring and return south every autumn. The red knot is known to occur in several Florida Counties including Citrus, Hernando, Pasco, Pinellas, Hillsborough, Manatee, and Sarasota. Preferred wintering and migration habitats are muddy or sandy coastal areas, specifically, bays and estuaries, tidal flats, and unimproved tidal inlets. In nonbreeding habitats, rufa red knots require sparse vegetation and open landscapes to avoid predation. The project site contains salt marsh and hosts forested adjacent to the Amelia River and may provide suitable habitat for Eastern Black Rail Habitat. Therefore, the Corps determined the proposed work would have no impact on this 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 for construction of a dock would impact approximately 0.04 acres of salt marsh utilized by various life stages of shrimp, spiney lobster, Atlantic butterfish, bluefish, snapper grouper, summer flounder, and clearnose skate. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Amelia River and its tidal creek system. 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 structures are 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, 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)232-1904; or, by telephone at (904)251-9193.
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: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 45-0440053-001-EI.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.