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: Donnie King
1269 County Road 309
Crescent City, Florida 32112
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 1269 County Road 309, in Section 38, Township 12 South, Range 26 East, Crescent City, Putnam County, Florida.
Directions to the site are as follows: Traveling from Jacksonville take Interstate 95 south to State Road 207 (SR 207) and turn onto SR 207 south toward Palatka. Then turn left onto United States Highway 17 (US 17) and travel south on US 17 to CR 309. Turn right onto CR 309 and follow CR 309 to the project site located at 1269 CR 309.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.411184°
Longitude -81.648388°
PROJECT PURPOSE:
Basic: The basic project purpose is access to navigable waters.
Overall: The overall project purpose is access to navigable waters at the applicant’s property, including multi-slip docks and a boat ramp.
EXISTING CONDITIONS: The project site is a residential parcel located along the St. Johns River. The site has a residence and 3 existing multi-slip docks, a boat ramp, and a deck over the water. There is currently no shoreline stabilization on the project site. The structures have been on the project site for several years.
PROPOSED WORK: The applicant seeks after-the-fact authorization for the boat ramp the deck, and 2 existing docks. The applicant proposes to remove the south dock and requests authorization to construct a new dock in its place. The applicant also proposes to reconfigure the existing north dock. The total project would include 3 docks, a boat ramp, and a wood deck. The proposed north dock consists of a 5-foot by 223-foot access walk, a 13-foot by 35-foot platform, a 6-foot by 23-foot platform, and a 2-foot by 22-foot walkway between 2 boat slips. In addition, the applicant would remove 6 existing mooring pilings from the north dock. The middle dock consists of 6 covered boat slips with boat lifts, a 6-foot by 132-foot access walk, a 28-foot by 58-foot platform, and a 12-foot by 58-foot platform. There is an existing 11-foot by 39-foot boat ramp and a 7-foot by 7-foot wood deck that the applicant wishes to maintain. The proposed south dock consists of a 5-foot by 100-foot access walk, a 5-foot by 50-foot platform, a 20-foot by 75-foot boat slip with 5-foot walkways around the slip. The docks would accommodate a total of 9 vessels and there would be additional watercraft access via the existing boat ramp.
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 avoided and minimized impacts to the aquatic environment by reducing the overall number of boat slips. The existing structures can accommodate up to 26 vessels and the newly designed structures would accommodate 9 vessels.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant does not propose compensatory mitigation because the proposed structures would not impact submerged or emergent aquatic vegetation.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
Since the proposal is for in-water work, the Corps evaluated the potential impacts to the West Indian Manatee using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida – April 2013 (Key). Use of the Key resulted in a determination of may affect, not likely to adversely affect the manatee, with no further consultation with the U.S. Fish and Wildlife Service required. In addition, due to the location of the proposed project the Corps determined that the
proposed project would have no effect on species under the National Marine Fisheries Service’s (NMFS) purview. Coordination with the NMFS is not required for no effect determinations.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the St. Johns 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.
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.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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 32232-0019, 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, Paula R. Johnson, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at paula.r.johnson@usace.army.mil or by telephone at (904)232-2503.
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. A permit will be granted unless its issuance is found to be contrary to the public interest.
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.