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: 3455 Coastal Highway Land Trust
ATTN: Mr. Josh Severt
19 Old Mission Avenue
St. Augustine, Florida 32084
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Tolomato River (Intracoastal Waterway). The project site is located at 3455 Coastal Highway, in Section 32, Township 6 South, Range 30 East, St. Augustine, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.933003°
Longitude -81.302571°
PROJECT PURPOSE:
Basic: The basic project purpose is to establish navigable water access.
Overall: The overall project purpose is to establish navigable water access for a multi-family community development.
EXISTING CONDITIONS: There is an existing 6.5-foot by 948-foot access pier with a 17-foot by 57-foot “T” at its terminal. The onsite and existing surrounding area consist of a tidally influenced emergent persistent estuarine system and shallow open water. The onsite vegetation consists of saltmarsh with no indication of seagrass beds or similar submerged vegetation.
PROPOSED WORK: The applicant seeks authorization to construct two, 5-foot by 20-foot access piers, one located on the north side and one located on south side of the existing terminal platform. Each pier would lead to a 7-foot by 274-foot dock with 20 (10 on each dock) 4-foot by 26-foot finger piers with a total of 36 individual boat slips. In addition, the applicant seeks authorization to construct an 8-foot by 75-foot aluminum floating dock for temporary boat mooring by community residents. Fixed docks would be constructed from 10-inch treated wood pilings mechanically driven.
AVOIDANCE AND MINIMIZATION INFORMATION – The project is water dependent; therefore, avoidance is not practicable. The existing access pier would be utilized for dock alignment. Turbidity curtains would be utilized prior to and during construction to minimize adverse effects to the aquatic system.
COMPENSATORY MITIGATION – No mitigation is required because the work consists of construction of a structure that would negligibly impact aquatic resources.
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 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, and no further consultation with the United States Fish and Wildlife Service is necessary, per the programmatic agreement.
The project site is within the consultation area of the manatee (Trichechus manatus). 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-P- may affect, but is not likely to adversely affect, and no further consultation is necessary with the U.S. Fish and Wildlife, per the programmatic agreement. The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In-Water Work, 2011.
The Corps will evaluate the proposed work utilizing the National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017, “Superseding Process for Review and Inclusion of Substantially Similar Projects or Projects with Substantially Similar Effects”. The Superseding Process can be used for projects that may propose to use materials or installation methods that were not specifically considered in JaxBO, or the project may deviate from the PDC’s in a minor fashion. 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 will conduct a project specific review to ensure that all the PDCs are met.
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 proposal would impact approximately 0.16 acre of waters utilized by various life stages of fish. 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is greater than 100-feet away from the near bottom edge of the Intracoastal Waterway Federal channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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 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 Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019 within 21 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.
QUESTIONS concerning this application should be directed to the project manager, Renee Riker, in writing at the Jacksonville Permits Section, P.O Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at renee.p.riker@usace.army.mil; by facsimile transmission at (904)232-1904; or, by telephone at (904)232-1497.
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.
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.