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
Attn: Mr. William Freeman
500 San Sebastian View
St. Augustine, Florida 32084
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway. The project site is located at the St. Johns County – Palm Valley Boat Ramp (St. Johns County Property Appraiser – Parcel Identification Number 069570-0001), beneath the County Road 210 bridge spanning the Intracoastal Waterway, in Section 28, Township 4 South, Range 29 East, Ponte Vedra, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.132750°
Longitude -81.385085°
PROJECT PURPOSE:
Basic: The basic project purpose is access to navigable waters.
Overall: The overall project purpose is the improvement of the St. Johns County – Palm Valley Boat Ramp.
EXISTING CONDITIONS: The project site encompasses a concrete public boat ramp, which provides access to waters of the Intracoastal Waterway, and a contiguous dock to load/unload vessels. The overall project site also encompasses an unimproved parking area.
PROPOSED WORK: The applicant seeks authorization to remove the existing ramp and associated structures (floating dock and retaining walls); install a 70-foot by 20-foot concrete boat ramp, a 24-foot by 7-foot aluminum floating dock, a 26-foot by 5-foot aluminum gangway, 130 linear feet of bulkhead – retaining wall; excavate (dredge) approximately 250 cubic yards of material in conjunction with the installation of the new ramp; and, discharge approximately 90 cubic yards of material in conjunction with the replacement of the ramp and bulkhead – retaining wall. The project would affect an approximate total of 0.03 acre of open water and/or sparsely vegetated near shore habitat. The work proposed would reduce the angle of the boat ramp to facilitate the launch and retrieval of vessels; and, improve the safe use of the ramp through the replacement of the associated structures. The applicant also proposes improvements to the upland features associated with the site (e.g., parking area, restrooms, and sidewalks). Work within the uplands would not require Department of the Army authorization.
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 work proposed would improve the safe use of the boat ramp and facilitate access to navigable waters. The project is water dependent; and, as such, work affecting waters of the United States cannot be avoided. The applicant indicates that the project design minimizes work affecting waters of the United States to the maximum extent practicable in consideration of the project goals and objectives.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The work proposed would replace existing structures; and, as such, the project would not eliminate aquatic habitat. In consideration of that information, the applicant did not propose compensatory mitigation.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. In addition, the Corps has determined the permit area has been extensively modified by previous work (the installation of the existing boat ramp and features) and that there is little likelihood a historic property may be affected. 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:
Manatee (Trichechus manatus): Manatee frequent waters of the Intracoastal Waterway. Therefore, this species might 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-N-O-P3-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 U.S. Fish and Wildlife Service (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.
Wood Storks (Mycteria americana): Wood Storks nest in colonies (rookeries); and, roost and feed in flocks. Stork breeding populations in Florida trend in the central and southern counties with a few scattered northeastern Florida counties. The stork uses freshwater and estuarine wetlands as feeding, nesting, and roosting sites. Storks feed primarily on small fish in calm, uncluttered water depths between 2- to 15-inches deep. Often a dropping water level is needed to concentrate fish in an area to feed; conversely, a rise in water reduces the value of a site as feeding habitat. Generally, drying marshes, stock ponds, shallow roadside or agricultural ditches, narrow tidal creeks or shallow tidal pools, depressions in cypress swamps or sloughs provide the ideal feeding habitat. Most nesting colonies in the southeastern U.S. are located in woody vegetation over standing water or on islands surrounded by broad expanses of open water, including areas that have been impounded by man-made structures, although this is only for a short period of time. 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.
Eastern Indigo Snake (Drymarchon corais couperi): Eastern Indigo Snake frequents 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; and, the under review by the Corps would occur in open water and along the adjacent shoreline. 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-no effect. The FWS has indicated that they concur with determinations of no effect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
The Corps executed a Resource 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 0.03 acres of open water and/or sparsely vegetated shoreline habitat. 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. 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 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.
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.