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: Millers Creek Special District
Ms. Sharon Johnson
P.O. Box 47375
Jacksonville, FL 32247
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Millers Creek. The project site is located in Millers Creek, north of 3731 Atlantic Boulevard, in Section 19, Township 2 South, Range 27 East, Jacksonville, Duval County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.306598°
Longitude -81.628746°
PROJECT PURPOSE:
Basic: The basic project purpose is dredging for navigation.
Overall: The overall project purpose is mechanical dredging for navigation in Millers Creek, Jacksonville, Florida.
EXISTING CONDITIONS: The proposed project area encompasses unvegetated open water in tidally-influenced Millers Creek. The proposed project is bordered by residential development, forested and herbaceous wetlands.
PROPOSED WORK: The applicant seeks authorization to mechanically dredge approximately 148,100 cubic yards of sediment from an 8.56 area, to a depth -10-feet below Mean Low Water, with 2 feet of allowable overdredge in Millers Creek. The proposed dredged area would include only unvegetated open water areas. Dredged sediments would be dewatered in an upland area adjacent to the proposed dredge 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 applicant indicated that the dredge contractor would be directed to remain only within the designated dredge template so as not to impact adjacent natural resources.
Additionally, the applicant indicated that setbacks of 15 feet would be established from the identified wetland areas. Lastly, the applicant that the dredging contractor would be required to monitor turbidity levels during dredging operations.
The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant indicated that the project, as proposed, does not involve the discharge of dredged material into waters of the U.S or adversely affect special aquatic sites; therefore, compensatory mitigation should not be required.
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: The proposed project is within the consultation area for the Red-cockaded woodpecker (Picoides borealis) and the Wood stork (Mycteria americana). The proposed project area does not support designated critical habitat or nesting and foraging habitat for these species. Any use of the project area by these species is likely limited to opportunistic foraging, which the project would not preclude. Therefore, the Corps is determined that the project would have no effect on the Red-cockaded woodpeckers and Wood storks.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian 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 (Key). Use of this Key resulted in the following sequential determination: A > B > C > G > N > O > P 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. By letter dated 25 April 2013, the FWS concurred with Corps determinations of may affect, not likely to adversely affect in accordance with 50 CFR 402.14(b)1; and, no further consultation with the FWS is required.
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, FL 32232 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, Shannon White, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, FL 32232; by electronic mail at shannon.c.white@usace.army.mil; or, by telephone at (904) 232-1681.
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.