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SAJ-2020-03812 (SP-TMM)

Published Oct. 1, 2020
Expiration date: 11/2/2020

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 Government, Disaster Recovery
                       Attention:  Mr. Damon Douglas
                       500 San Sebastian View
                       St. Augustine, Florida 32084

WATERWAY AND LOCATION: The proposed project site is located along 8.9 miles of shoreline and navigable waters of the Atlantic Ocean between the Florida Department of Environmental Protection (FDEP) range monuments R-1 at the St. Johns County/Duval County border and southward to R-46.2, 2.5 miles south of Mickler’s Beach, Sections 15, 22, 27, 45, 35, Township 3 South, 29 East and Sections 2, 11, 45, 14, 23, 24, 25, Township 4 South, Range 29 East, in Ponte Vedra Beach, St. Johns County, Florida. The sand borrow area associated with this project is located approximately 3.5 nautical miles off shore from the southern end of the project limits. The borrow area is located in Federal waters on the Outer Continental Shelf (OCS). The U.S. Department of Interior (DOI), Bureau of Ocean Energy Management (BOEM), has the sole regulatory authority over the use and conveyance of OCS sand resources under the OCS Lands Act. The applicant is coordinating with BOEM for authorization of use of federal sand resources from the borrow area.

Directions to the sites are as follows: Traveling on I-95 South, take the Florida 202/J Turner Butler Exit and travel east for 12.5 miles. Exit to Florida A1A South toward Ponte Vedra/St. Augustine and proceed south for 7 miles. Turn left on Ponte Vedra Boulevard at the Mickler Road/A1A intersection. The Mickler’s Landing entrance will be on the right. This site will be the staging area for the project. The project runs 6.4 miles from Mickler’s Landing to the north end of the project at the St. Johns County/Duval County border and 2.5 miles to the south end of the project.

From the south Take I-95 North take Exit 329, which is County Road 210. Drive east toward Ponte Vedra Beach for 4.5 miles. Merge onto Nocatee Parkway East. Travel east for 5.5 miles and take the second exit at the traffic circle toward Mickler Road and continue east. At the intersection of Mickler Road/A1A go straight to continue east. The Mickler’s Landing entrance will be on the right. This site will be the staging area for the project. The project runs 6.4 miles from Mickler’s Landing to the north end of the project at the St. Johns County/Duval County border and 2.5 miles to the south end of the project.

APPROXIMATE CENTRAL COORDINATES:

Site Locations

Latitude

Longitude

DNR Monument

North End

30.252971º

-81.380319º

R-1

South End

30.126954°

-81.346899°

R-46.2

Borrow area

30.143351°

-81.274005°

Due East in the Atlantic Ocean


PROJECT PURPOSE:

Basic: The basic project purpose is shoreline protection.

Overall: The overall project purpose is shoreline stabilization in northern St. Johns County.

EXISTING CONDITIONS:
a. General: The project site is located along the coast of St. Johns County between beach Range monuments R-1 and R-46.2. The St. Johns County beaches were severely impacted by storm surge and waves from Hurricane Matthew in October 2016 and Hurricane Irma in September 2017. In many areas of the project shoreline, the entire primary frontal dune was lost. The Florida Department of Environmental Protection has designated a 0.9-mile segment of the project shoreline from R-26 to R-31 as critically eroded. The southern 2.4 miles of the project, from R-34 southward, border Outstanding Florida Waters of the Guana River Marsh Aquatic Preserve, located within the limits of the Guana Tolomato Matanzas National Estuarine Research Reserve (GTMNERR). Upland properties along the Ponte Vedra Beach shoreline and project fill area consist of single-family and condominium residences (some available to the public for rental), hotel and resort space, and Mickler’s Landing beachfront park. Upland uses and activities are principally tourism and residential related.

b. Beaches: The sandy beaches along St. Johns County are typically fronted by a line of dunes with relatively steep faces. Beach sediment is composed primarily of coquina shell hash and fine quartz sand. The existing beach dune vegetation is a predominantly herbaceous plant community consisting of wide-ranging coastal species classified as coastal scrub. The beach dune community consists of sea oats (Uniola paniculate) and grasses that can tolerate sand burial, including panic grass (Panicum amarum) and salt meadow cordgrass (Spartina patens). Camphorweed (Hetrotheca subaxillaris) can be found growing near the sea oats. The upper beach area (seaward of the foredune) is less stable and frequently disturbed by high spring or storm tides, and can be continually re-colonized by annual species such as sea rocket (Cakile lanceolate), crested saltbush (Atriplex cristata), and Dixie sandmat (Chamaesyce bombensis), or by trailing species like railroad vine (Ipomoea pes-caprae), beach morning glory (Ipomea imperati), and the salt tolerant grasses seashore Paspalum (Paspalum vaginatum) and seashore dropseed (Sporobolus virginicus). Seaward of the dune vegetation line, the beach fill area is classified as marine-unconsolidated substrate (sand) from the supratidal to subtidal areas. Within this broad unvegetated zone, where the majority of beach nourishment will occur, there are several different sub-zones. The area is classified as swimming beach Florida Land Use Code Classification System (FLUCCS) 181. Seaward is the nearshore open sand/soft bottom benthic habitat at the shoreline, which is classified as FLUCCS 652. The remainder of the renourishment project footprint falls into the FLUCCS 571, which is the Water Bodies classification for the sandy/muddy seabed of the Atlantic Ocean. The proposed project site encompasses approximately 143 acres of dry, sandy beach; 134 acres of intertidal flat/surf zone; and 65 acres of shallow, subtidal habitat within the area of direct fill placement. There is an additional area consisting of 431 acres of shallow, subtidal habitat that will be gradually affected by beach fill equilibration. There was no coral, hardbottom, or vegetative cover found to occur within the project area.

c. Offshore Borrow Area: The borrow area is 396 acres in size and lies atop a large, roughly shore-parallel sand ridge greater than 1,060 acres in size. The proposed initial excavation area occupies approximately 200 acres within the overall site. The borrow area lies in ambient water depths of 40 feet to 55 feet. Bathymetric contours and side scan imagery indicate that the proposed borrow area is unconsolidated sediment at a relatively uniform depth of 45 feet with a small mound in the center (40 feet) and a slight slope on the western (to 60 feet) and eastern sides (to 52 feet to 55 feet). Unconsolidated sediment in the borrow area generally consist of grey fine sand. There was no coral, hardbottom, or vegetative cover found to occur within the offshore borrow area.

d. Pipeline Corridors: The nearshore pipeline corridors consist of unconsolidated substrate with mostly grey or tan fine sand with a variable coarse shell component. There was no coral, hardbottom, or vegetative cover found to occur within the pipeline corridors.

e. Staging Area: The primary construction staging and beach access area is at Mickler’s Landing. This is a paved parking area and is mostly developed/disturbed upland with sparse dune vegetation along the access pathway through the dune.

PROPOSED WORK: The applicant proposes to dredge up to 2 million-cubic-yards of sand from an offshore borrow area and place the dredged material along 8.9 miles of Atlantic Ocean shoreline between beach range monuments R-1 to R-46.2. The project fill template includes both dune and beach fill berm features. The dune feature would be constructed along the landward limits of the beach fill footprint and seaward of existing bulkheads, revetments, and established dune vegetation. The berm would vary along the shoreline in volume and width depending upon the specific volumetric needs. The project proposes to provide maintenance sand renourishment for the project as needed over a 15-year period, subject to project monitoring. The proposed work would aim to restore and maintain the sandy Atlantic Ocean shoreline and dune system in an area of chronic erosion and severe erosional impacts from Hurricanes Matthew (2016) and Irma (2017).

The applicant proposes the use of material from an offshore borrow area located approximately 3.5 nautical miles offshore of the southern end of the project limits. The excavation of the borrow area would be completed with a trailing suction hopper dredge. Dredged sand would travel through the dragheads into the dredge’s open hopper. The vessel(s) would transport the dredged material from the offshore borrow area to pump out locations positioned approximately 0.5 mile from shore. The material would be pumped from the hopper via a submerged pipeline to the beach along 8 pipeline corridors, once those corridor locations are approved by the Corps, which would be located perpendicular to the shoreline. Pump out buoys and the submerged pipelines would be relocated several times to facilitate pump-out along the entire nourishment project area. Pipelines would be rafted and floated to their next locations. Pump-out buoys may be anchored utilizing multi-ton point anchors and/or clump weights placed within the approved corridors. Support vessels and tugs may support the hopper dredge in other activities, such as crew rotations and pump-out connection. Beach fill would be placed using a trailing suction hopper dredge and direct pump-out to the project shoreline. If the project overlaps sea turtle nesting season, the applicant would utilize relocation trawling to minimize the potential for sea turtle take during hopper dredge operations. Construction is expected to begin in the fall of 2021 and would last approximately 3 to 6 months, with maintenance sand renourishment in approximately 10 years.

AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has provided the following information in support of efforts to avoid impacts to the aquatic environment:

The applicant would comply with the typical minimization measures required by Florida Department of Environmental Protection for beach restoration projects, and as recommended by the 2020 South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States (SARBO), Statewide Programmatic Biological Opinion (SPBO), and the Piping Plover Programmatic Biological Opinion (P3BO).

CULTURAL RESOURCES:
The Corps is aware of historic properties within or in proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES:
The Corps has determined the proposed project may have varying effects on the following species or their designated critical habitat. The Corps will request U.S. Fish and Wildlife Service (FWS) concurrence with these determinations under informal consultation related to the SPBO and P3BO reviews, pursuant to Section 7 of the Endangered Species Act. The Corps has reviewed the National Marine Fisheries Service (NMFS) SARBO 2020 to ensure the proposed work meets the Project Design Criteria for each species and meets the criteria to be utilized to evaluate a new borrow area and a new beach nourishment site; therefore, no additional consultation is required.

Species/Critical Habitat

Status*

Agency*

Biological Opinion*

Covered Under Biological Opinion

Hopper Dredging Corps Initial Determination*

Anastasia Island Beach Mouse (Peromyscus polionotus phasma)

E

USFWS

SPBO

Yes

MANLAA

Woodstork (Mycteria americana)

E

USFWS

Woodstork Key

N/A

No Effect

Eastern Indigo Snake (Drymarchon corais couperi)

T

USFWS

Eastern Indigo Snake Key

N/A

NLAA

Red-Cockaded Woodpecker (Picoides borealis)

E

USFWS

N/A

N/A

No Effect

West Indian Manatee (Trichechus manatus)

T

USFWS

SPBO

Yes

MANLAA

Sea Turtles Nesting:

 

 

 

 

 

Loggerhead (Caretta caretta)

T

USFWS

SPBO

Yes

MANLAA

Green (Chelonia mydas)

T

USFWS

SPBO

Yes

MANLAA

Kemp’s Ridley (Lepidochelys kempii)

 

 

USFWS

SPBO

Yes

MANLAA

Leatherback (Dermochelys coriacea)

E

USFWS

SPBO

Yes

MANLAA

Hawksbill (Eretmochelys imbricata)

E

USFWS

SPBO

Yes

MANLAA

Loggerhead Sea Turtle Critical terrestrial Habitat Unit LOGG-T-FL-03

 

USFWS

SPBO

Yes

MANLAA

Piping Plover (Charadrius melodus)

T

USFWS

P³BO

Yes

MANLAA

Rufa Red knot (Calidris canutus rufa)

T

USFWS

P³BO

Yes

MANLAA

North Atlantic Right Whale (Eubalaena glacialis)

E

NMFS

SARBO

Yes

MANLAA

Humpback Whale (Megaptera novaeangliae)

E

NMFS

SARBO

Yes

MANLAA

Sei Whale (Baleanoptera borealis)

E

NMFS

SARBO

Yes

MANLAA

Sperm Whale (Physeter macrocephalus)

E

NMFS

SARBO

Yes

MANLAA

Fin Whale (Balaenoptera physalus)

E

NMFS

SARBO

Yes

MANLAA

North Atlantic Right Whale Critical Habitat Unit 2

 

NMFS

SARBO

Yes

NLAM

Sea Turtles Swimming:

 

 

 

 

 

Green (Chelonia mydas);

T

NMFS

SARBO

Yes

MANLAA

Kemp’s Ridley (Lepidochelys kempii);

E

NMFS

SARBO

Yes

MANLAA

Leatherback (Dermochelys coriacea);

E

NMFS

SARBO

Yes

MANLAA

Loggerhead (Caretta caretta);

T

NMFS

SARBO

Yes

MANLAA

Hawksbill (Eretmochelys imbricate)

E

NMFS

SARBO

Yes

MANLAA

Loggerhead Sea Turtle Neritic Habitat Unit LOGG-N-15

 

NMFS

SARBO

Yes

NLAM

Atlantic sturgeon (Acipenser oxyrinchus oyrinchus)

E

NMFS

SARBO

Yes

MALAA

Shortnose sturgeon (Acipenser brevirostrum)

E

NMFS

SARBO

Yes

MANLAA

Smalltooth Sawfish (Pristis pectinata)

E

NMFS

SARBO

Yes

MANLAA

Giant Manta Ray (Manta birostris)

T

NMFS

SARBO

Yes

MANLAA

Scalloped Hammerhead Shark (Sphyrna lewini)

T

NMFS

SARBO

Yes

NE

Oceanic White Tip Shark (Carcharhinus longimanus)

T

NMFS

SARBO

Yes

NE

*Key:
NMFS: National Marine Fisheries Service
USFWS: United States Fish and Wildlife Service
T: Federal Listing Status Threatened
E: Federal Listing Status Endangered
SPBO: Statewide Programmatic Biological Opinion 2015
SARBO: South Atlantic Region Biological Opinion 1997
P³BO: Piping Plover Programmatic Biological Opinion
MANLAA: May Affect, Not Likely to Adversely Affect
MALAA: May Affect, Likely to Adversely Affect
NLAM: Not Likely to Adversely Modify
NE: No Effect

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 134 acres of intertidal/flat surf zone, 65 acres of shallow subtidal habitat, 431 acres of shallow subtidal habitat, and 396 acres of borrow area along with the associated 150-meter out turbidity mixing zones and 1000 meter out turbidity mixing zones for work within the GTMNERR boundary. These areas could be utilized by various life stages of shrimp complex, spiny lobster complex, and snapper/grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Ocean. 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 extent of Federal jurisdiction.

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.

Bureau of Ocean Energy Management: The U.S. DOI, BOEM, is serving as a cooperating agency, per the Memorandum of Understanding Between Army Corps of Engineers U.S. Department of the Army and Bureau of Ocean Energy Management U.S. Department of the Interior to Coordinate the Use Of Sand, Gravel, and Shell Resources from the Outer Continental Shelf, 2017, with the Corps with respect to implementation of the required NEPA process, the ESA Section 7 consultations, the Magnuson-Stevens Fishery and Conservation Management Act Essential Fish Habitat consultation (Section 305), the National Historic Preservation Act Section 106 process, and the Coastal Zone Management Act Section 307 consistency determination. BOEM has sole regulatory authority over the use of OCS sand resources and conveyance on the OCS under the OCS Lands Act. BOEM is authorized under Public Law 103-426 [43 United States Code (U.S.C.) 1337(k)(2)] to negotiate on a non-competitive basis the rights to OCS sand resources for shore protection projects. BOEM’s connected action is to issue a non-competitive negotiated agreement (NNA) authorizing use of federal sand resources from the borrow area at the request of St. Johns County. If you have any questions regarding BOEM’s action(s), you may contact Mr. Doug Piatkowski by electronic mail at douglas.piatkowski@boem.gov or by telephone at 703-787-1833.

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 within 30 days from the date of this notice. For electronic mail (preferred) submit comments to Terri.M.Mashour@usace.army.mil. For standard mail submit comments to Post Office Box 4970, Jacksonville, Florida 32232. Please reference this permit number, SAJ- 2020-03812 (SP-TMM), on all submittals.

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, Terri Mashour by electronic mail at Terri.M.Mashour@usace.army.mil or by telephone at (904) 570-5412.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with USFWS, Environmental Protection Agency (EPA), the NMFS, 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 would have on the natural resources of the area. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.

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 of 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 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.