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: Ms. Kelly P. Kite
Florida Tax Lien Assets IV, LLC
2055 US Highway 1
Vero Beach, Florida 32960
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located along the St. Johns River off Palmetto Street and Front Street in Section 41, Township 12 South, Range 26 East, Welaka, Putnam County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.479739°
Longitude -81.674307°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide navigable water access.
Overall: The overall project purpose is to establish navigable water access for the Rivers Ridge Cottages Community residences.
EXISTING CONDITIONS: The project site encompasses open tidal waters on the St. Johns River. The entire shoreline of the project site is contained by an existing bulkhead, and the bottom substrate consists of sand/silt with no submerged aquatic vegetation present.
PROPOSED WORK: The applicant seeks authorization to construct two adjacent community docks encompassing 3,314 square feet and 28 wet slips. The northern dock would be 1,722 square feet, and the southern dock would be 1,592 square feet. The applicant would utilize 152, 12-inch wood piles installed by jetting.
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:
Turbidity control barriers would surround the project during construction.
COMPENSATORY MITIGATION – The project is considered a structure only and no compensatory mitigation is 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:
Florida Scrub Jay (Aphelocoma coerulescens): The project site is approximately 4.6 miles from the nearest identified nest or cluster location for Florida Scrub Jay; and, within the consultation area identified by the Corps and the FWS for this species. Therefore, this species may utilize the project site. There is no designated critical habitat for the Florida Scrub Jay listed in the Federal Register (52 FR 20715-20719). However, information from the FWS indicates that the Florida Scrub Jay has extremely specific habitat requirements. It is endemic to peninsular Florida’s ancient dune ecosystem or scrubs, which occur on well drained to excessively well drained sandy soils. Relict oak-dominated scrub, or xeric oak scrub, is essential habitat to the Florida Scrub Jay. Optimal habitat incorporates four species of stunted, low growing oaks [sand live oak (Quercus geminata), Chapman oak (Quercus chapmanii), myrtle oak (Quercus myrtifolia), and scrub oak (Quercus inopina)] that are 1-3 meters high, interspersed with 10 to 50 percent non-vegetated sandy openings, with a sand pine (Pinus clausa) canopy of less than 20 percent. Therefore, Florida Scrub Jay habitat is absent from the project site. It is likely that this species only opportunistically forages within forested areas in the vicinity of the project site, which the project would not preclude. In consideration of the lack of appropriate habitat at the site, the local abundance of foraging habitat, and the distance to the nearest colony, the Corps determined that the project would have no effect upon this species.
Manatee (Trichechus manatus): The Corps reviewed the project utilizing 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 sequence A-B-C-G-H-I-J-N-O-P- may affect, but is not likely to adversely affect. The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In-Water Work, 2011.
Red Cockaded Woodpecker (Picoides borealis) – The project site is approximately 6.7 miles from the nearest identified nest or cluster location for the Red Cockaded Woodpecker; and, within the consultation area identified by the U.S. Fish and Wildlife Service (FWS) and the Corps for this species. Habitat for Red Cockaded Woodpecker typically incorporates mature pine woodlands; and, optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass and shrub species. Nesting and roosting occur in cavity trees that are almost exclusively old, living, flat-topped pine trees. The project site does not encompass typical or optimum habitat; or, trees capable of supporting cavities. Further, as significant forested habitat is located near the project site, it is likely that this species would only opportunistically forage at the site, which the development of the site would not preclude. Based on the above information, the Corps has determined no effect upon this species.
Sand Skink (Plestiodon reynoldsi): The project site is within the Sand Skink consultation area 20110920; however, all work proposed is in water. Sand kinks are endemic to xeric habitats found along Central Florida sand ridges, and remnants of ancient coastal dunes created during events when sea levels rose and fell. These habitats include rosemary scrub, scrubby flatwoods, sand pine and oak scrubs, and turkey oak ridge (Florida Natural Areas Inventory 2001), not waters. Based on the above information, the Corps has determined no effect upon this species.
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 .5 acre of riverine tidal habitat utilized by various life stages of black grouper, gray snapper, and penaid shrimp. 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 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, Renee Riker, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at renee.p.riker@usace.army.mil; by facsimile transmission at (904)232-1904; or, by telephone at (904)232-1497.
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.