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: St. Johns County Board of County Commissioners
500 San Sebastian View
St. Augustine, Florida 32084
WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with both the Intracoastal Waterway (IWW) and an unnamed tributary at the site. The project site is contiguous to the IWW, east of Clatter Bridge Road, on St. Johns County Property Appraiser Parcel Identification Number 068000-0000, in Sections 28 and 51, Township 4 South, Range 29 East, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.132576°, Longitude -81.386503°
PROJECT PURPOSE:
Basic: The basic project purpose is access to navigable waters.
Overall: The overall project purpose is the establishment of a public boat ramp on the west side of the Intracoastal Waterway within northern St. Johns County.
EXISTING CONDITIONS: The project site encompasses a St. Johns County public kayak launch, with associated upland facilities. The shoreline at the site is partially stabilized with riprap. The intertidal zone to either side of the kayak launch area supports emergent herbaceous vegetation.
PROPOSED WORK: The applicant seeks authorization to construct a 55-foot by 7-foot fixed wooden dock with one 25-foot by 5-foot aluminum gangway connection and a 40-foot by 7-foot floating dock; install a 20-foot by 67-foot concrete boat ramp and 98 linear feet of concrete bulkhead; and, dredge approximately 1,700 cubic yards of material contiguous to the terminus of the proposed boat ramp. The installation of the proposed pilings may incorporate work implemented from a floating barge. Dredge operations would involve the mechanical removal of the material via a long-reach excavator mounted to a floating barge. Temporary stockpiling of the excavated material on the uplands at the existing kayak launch turnaround may take place. The excavated material would be hauled off-site to an upland location; and, no material would be placed within waters of the United States, including wetlands. Upland features would include, but may not be limited to, vehicle parking and maneuvering areas, sidewalks, a pavilion, a portable restroom, trash receptacles, and signage. The work would affect approximately 0.05 acres of estuarine marsh and open water.
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:
In consideration of the basic project purpose, the applicant expressed an opinion that work affecting aquatic resources cannot be avoided. The applicant also expressed an opinion that the work proposed is the minimum necessary to establish the proposed public boat ramp and associated access features.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant indicates that the work proposed generally is limited to the existing disturbed areas at the project site; and, that any additional disturbance of vegetation would be mitigated through the installation of vegetation along the perimeter of the onsite stormwater management pond; and, where applicable, the shoreline.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. The Corps compiled a Resource at Risk (RAR) report, which indicated that a Cultural Resource Assessment Survey may be required. However, the Corps has determined the permit area has been significantly modified within the last 45 years (the establishment of the existing kayak launch facility); and, that the proposed activity (new work) is of such limited scope there is little likelihood of impact upon an historic property. In consideration of this information, the Corps’ preliminary determination is that the proposed project has no potential to cause effect to any resource listed, or eligible for listing, in the National Register of Historic Places (NRHP). However, 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 ACT (ESA):
Eastern Indigo Snake (Drymarchon corais couperi): Eastern Indigo Snakes frequent several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. The site does not support gopher tortoise burrows nor xeric habitat. In consideration of the potential presence of eastern indigo snake habitat, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the sequence A-B-no effect, as the proposed structures would be constructed within marsh and open water; and, other work would affect previously improved areas (driveway, maneuvering area, parking area, etc.) that do not support this species. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of no effect based on the key for Eastern Indigo Snakes; and, that no additional consultation is necessary.
Wood Stork (Mycteria americana): The project is within the Core Foraging Area of a Wood Stork colony; however, the project would affect less than 0.5 acre of suitable foraging habitat for Wood Storks. 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): This species might utilize waters of the IWW. 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-L-N-O-P1-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.
Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and/or shortnose sturgeon (Acipenser brevirostrum): These species might utilize waters of the IWW. 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 shall conduct a project specific review to ensure that all of the PDCs are 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 shall be electronically mailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil. In consideration of that coordination, the Jacksonville District shall satisfy the project-specific review requirements stipulated in the JAXBO and satisfy its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview. In consideration of the JAXBO, the Corps concludes that the project may affect but is not likely to adversely affect the noted species.
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 affect approximately 0.05 acres of estuarine intertidal habitat potentially utilized by various life stages of shrimp. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Tolomato River (to the south) nor San Pablo Creek (to the north), which are both components of the IWW. 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-verified the proposed extent of wetlands encompassed by the project site.
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, 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 R. 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. Please note, due to office staffing precautions associated with CoVid-19, electronic mail correspondence is preferred.
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.