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: Dames Point Workboats, LLC
Attn: Mr. William Shafnacker
5118 Heckscher Drive
Jacksonville, Florida 32226
WATERWAY AND LOCATION: The project would affect navigable waters of the United States, including tidal wetlands, associated with the St. Johns River “Back Channel” north of Blount Island. This section of waterway encompasses a Federal Channel associated with the overall Jacksonville Harbor Channel. The project site is located at 5118 Heckscher Drive and properties contiguous to that address to the east and west, in Section 12, Township 1 South, Range 27 East, Jacksonville, Duval County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.416980°
Longitude -81.536014°
PROJECT PURPOSE:
Basic: The basic project purpose is access to navigable waters.
Overall: The overall project purpose is the establishment of a commercial marina and mooring field.
EXISTING CONDITIONS:
The project site combines several properties, including a former residential parcel. The applicant purchased the adjacent properties and converted the sites to support a commercial endeavor. The applicant recently demolished the residence and placed a mobile unit on that property as an office. The parcels are contiguous to the St. Johns River “Back Channel”. The near shore area along each parcel supports emergent marsh vegetation including black needle rush (Juncus roemerianus) and saltmarsh cordgrass (Spartina alterniflora).
On February 25, 2014, the Florida Department of Environmental Protection (DEP) issued a State Programmatic General Permit (SPGP), file number 16-234371-001-EI, for the dock that is located on “Lot 7”. At the time of permitting, the dock was proposed as a single-family dock and qualified under the SPGP to receive delegated federal authorization. However, as the structure was, and is, intended for commercial use, the SPGP is not an appropriate authorization; and, Corps is evaluating this structure for after-the-fact authorization.
PROPOSED WORK:
The applicant seeks after-the-fact authorization for an existing dock at a parcel identified as “Lot 7”, authorization to improve/extend that existing dock, authorization to construct two new docks from parcels identified as “Lot 8” and “Lot 9”; install 3 multi-pile mooring pilings along the southern border of a State of Florida Submerged Land Lease within open water of the “Back Channel”, and four pilings along the eastern border of that submerged land lease area. The work would facilitate the use of the property as a storage for vessels and/or barges. The applicant’s company currently includes a fleet of 8 barges (10 feet to 130 feet in length) and 12 vessels (14 feet to 46 feet in length). The applicant also intends to long-term moor several smaller vessels, including a tow vessel used to aid local stranded/incapacitated vessels.
The project does not incorporate the discharge of dredge or fill material into waters of the United States, including wetlands, nor the installation of additional shoreline stabilization materials (including, but not limited to, bulkheads and/or riprap).
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 indicates that the work proposed is the minimum necessary to accommodate the expected number of vessels stored at the site.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has expressed an opinion that the project would not result in the loss of aquatic ecological services and values; and, 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:
Red Cockaded Woodpecker (Picoides borealis): The project site is within a consultation area identified by the Corps and the U.S. Fish and Wildlife Service (FWS) for Red Cockaded Woodpecker. Therefore, this species may be present at the project site. 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. Therefore, the Corps concludes that the project would have no effect on this species.
Wood Stork (Mycteria americana): The project site is within the core foraging area of the Pumpkin Hill (594015), Cedar Point Road (594003), and Jacksonville Zoo Wood Stork colonies. Therefore, this species may be present at the project site. The project would affect less than 0.5 acre of suitable foraging habitat for Wood Storks (specifically, the limited area of near-shore tidal marsh that would be traversed by the proposed docks). 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 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.
Manatee (Trichechus manatus): Manatee frequent waters of the St. Johns River, including the “Back Channel”. Therefore, this species may be present at the project site. 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-K-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. The FWS previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for manatee; and, that no additional consultation is necessary.
Marine turtles [e.g., hawksbill turtle (Eretmochelys imbricata), leatherback turtle (Dermochelys coriacea), green turtle (Chelonia mydas), loggerhead turtle (Caretta caretta), and Kemp’s ridley turtle (Lepidochelys kempii)], Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), and shortnose sturgeon (Acipenser brevirostrum) utilize the tidal waters of the St. Johns River, including the “Back Channel”. The Corps evaluated the proposed work utilizing the 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 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. 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 electronically mailed to the NMFS. Therefore, the Jacksonville District will satisfy the project-specific review requirements stipulated in the JAXBO and will satisfy its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview. In consideration of the JAXBO, as the project would result in the installation of pile-supported structures incorporating the installation of wood piles, the project may affect, but is not likely to adversely affect the species evaluated.
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 near-shore structures could temporarily affect approximately 0.10 acre of emergent marsh vegetation. Separately, the remainder of the proposed structures would be situated within non-vegetated, open-water, habitat. The overall area likely is utilized by various life stages of shrimp (Farfantepenaeus spp., Penaeus sp., and/or Litopenaeus spp.) and/or snapper (Lutjanus spp.) and grouper (Mycteroperca spp. and/or Epinephelus spp.). 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 Corps has not field-inspected the proposed extent of wetlands encompassed by the overall project site to verify the extent of Federal jurisdiction. However, the upland-marsh delineation provided by the applicant appears to be an accurate representation of the extent of Federal jurisdiction.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification and/or Coastal Zone Consistency may be required from the Florida Department of Environmental Protection.
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, Post Office 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, Mark Evans, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at mark.r.evans@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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.