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: Mike and Irene Shannon
1305 Morier Street
Jacksonville, Florida 32207
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Millers Creek. The project site is located at 1305 Morier Street, parcel ID number 145357, in Section 53, Township 2 south, Range 27 east, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From downtown Jacksonville, use Interstate 95 south, take exit for U.S. 90 towards the beaches, and merge onto Atlantic Boulevard. In 0.7 mile, use the left lane to turn slightly left to stay on Atlantic Boulevard. Drive 0.4 mile and turn left onto Gay Avenue. Drive 0.1 mile then make a left at the end of the street and an immediate right to start on Gay Avenue. At the end of Gay Avenue, turn right onto Morier Street and the project site is on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.309103°
Basic: The basic project purpose is private, single-family residential development and shoreline stabilization.
Overall: The overall project purpose is private, single-family residential development improvements in central Duval County.
EXISTING CONDITIONS: The project site is a private, single-family residential lot adjacent to Millers Creek on the east, a 2-lane public road on the west and north, and a developed residential lot on the south. An existing boat basin, which was recently filled in as the concrete install around the basin was cracking and falling to the water, had been dug into the backyard of the property. Water depth of the boat basin ranged between 4 feet and 5 feet. No vegetation was present in the boat basin prior to its filling.
WORK: The applicant seeks authorization to retain and maintain the discharge of fill material in 0.18 acre of waters of the United States. Fill material was discharged into an existing boat basin dug into the uplands of the residential lot from Millers Creek. The applicant is seeking authorization to retain and maintain the existing riprap 4 feet waterward of the mean high water line long the width of the property. Existing riprap will be broken into smaller pieces.
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:
There were no opportunities to avoid and/or minimize the filling in of the existing boat basin, which was starting to deteriorate. No resources were present within the boat basin and filling was kept within the boundaries of the property. A turbidity boom was placed at the shoreline to prevent any impact into Millers Creek.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
There was no impact to Millers Creek and filling occur in open water; therefore, no mitigation is being offered at this time.
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 Corps has determined the project would may affect, but is not likely to adversely affect the manatee or its designated critical habitat. Review of the project through the current manatee key indicated no further coordination would be required. In addition, the Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 Enforcement Section 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, Mrs. Dianne Griffin, in writing at the Enforcement Section, P. O. Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at Dianne.S.Griffin@usace.army.mil; by facsimile transmission at 904-232-1907; or, by telephone at 904-232-3697.
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.