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: Jason Jones
12487 Holbrook Drive
Jacksonville, Florida 32225
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Mill Cove. The project site is located at River Cove Subdivision, Lot 29, Broadwater Drive, (Duval County Property Appraiser – Parcel Identification Number 112985-0258), in Section 1, Township 2 South, Range 27 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: To access the site from downtown Jacksonville, take the Arlington Expressway/SR-10A E (over the Matthews Bridge), and merge onto Southside Connector/SR-113. Then take Merrill Road exit (east) to Fort Caroline Road, go approximately 0.3 mile, then take Rio Cove Drive to Broadwater Drive. The property is located at the end of the Broadwater Drive on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.36075°
Longitude -81.546585°
PROJECT PURPOSE: The proposed modification would result in the extension of the time to complete the authorized work.
Basic: The basic project purpose is to construct a private residential single-family home and dock.
Overall: The overall project purpose is to construct a private residential single-family home and dock within River Cove Subdivision, adjacent to Mill Cove in Jacksonville, Florida.
EXISTING CONDITIONS: The onsite vegetation consists of loblolly bay (Gordonia lasianthus), sweetbay (Magnolia virginiana), water oak (Quercus nigra), and southern magnolia (Magnolia grandiflora). The existing area surrounding the project consists of single-family home sites.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 0.196 acres of waters of the United States (wetlands) to construct a single-family residence. The work consists of placing fill in wetlands to construct the house pad and driveway. In addition, the applicant proposes to construct a single-family dock consisting of a 5-foot by 245-foot boardwalk with a 20-foot by 20-foot gazebo, a 5-foot by 300-foot access pier, a 10-foot by 20-foot terminal platform, and a 17-foot by 35-foot covered boat slip.
PROJECT BACKGROUND: The Corps issued a permit on February 27, 2014, for the private residential single-family house and the dock. On December 13, 2019 a two-year time extension was issued as the home had not been constructed with the new permit expiration date of April 14, 2021. On February 3, 2021, a transfer permit was issued to the new property owner. On February 5, 2021, the new property owner requested a permit time extension in order to complete the permitted project.
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 currently proposed site plan is consistent with the methodology of avoidance and minimization of wetland impacts.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To compensate for the proposed impacts, the applicant proposes to purchase credits from a federally approved Mitigation Bank.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. On November 19, 2013 a public notice was provided to the State Historic Preservation Office (SHPO). On December 13, 2013 SHPO responded that based on review of the Florida Master Site File no significant historic or archaeological resources will be adversely affected by project related activities (DHR Project File No. 2013-05452).
On November 19, 2013 a public notice was provided to the Seminole Tribe of Florida Tribal Historic Preservation Office (STOF-THPO). On December 3, 2013, STOF-THOP responded that they have no objection to the proposed project at this time (THPO-0013012).
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee, wood stork, shortnose sturgeon, Atlantic sturgeon, and smalltooth sawfish.
The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichecus manatus). The project site is within an area accessible to manatees; therefore, this species may be present at the project site. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, to determine potential effects upon this species. Use of this key resulted in the sequential determination A-B-C-G-H-I-N-O-P4 – May affect, not likely to adversely affect due to the project not creating new access for watercraft and dredging of boat slip area. This determination is based on the applicant adhering to 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 manatees; and, that no additional consultation is necessary.
The Corps has determined the proposed project is not likely to adversely affect the Wood Stork (Mycteria Americana). The project site is located within Wood stork foraging area. The work proposed would not affect suitable foraging habitat (SFH). 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 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 Wood Storks; and, that no additional consultation is necessary.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata). Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and shortnose sturgeon (Pristis pectinata). The Corps will coordinate with the National Marine Fisheries Service as needed. Smalltooth sawfish, Atlantic sturgeon and shortnose sturgeon: The Corps evaluated the proposed work utilizing 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 Endangered Species Act (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 conducted a project specific review to ensure that all of the PDCs were 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 were emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil on 25 February 2021. Therefore, the Jacksonville District satisfied the project specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above listed species and critical habitats within the NMFS purview.
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 0.196 acres of forested wetlands utilized by various life stages of shrimp (Farfantepenaeus spp., Penaeus sp., and/or Litopenaeus spp.), snapper (Lutjanus spp.) and grouper (Mycteroperca spp. and/or Epinephelus spp.). Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Mill Cove. 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.
On November 19, 2013 a public notice was provided to the National Marine Fisheries (NMFS). On December 10, 2013, the National Marine Fisheries responded that based on the information in the public notice, it appears the proposed project would occur in the vicinity of EFH designated by the South Atlantic Fishery Management Council or NMFS. Present staffing levels preclude further analysis of the proposed activities and no further action is planned.
Navigation: The project is not located adjacent to the 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 not been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: On March 28, 2014, the Florida Department of Environmental Protection (FDEP) issued permit 16-0428299-004-EI which expired on March 28, 2019. On March 12, 2019, FDEP issued permit 16-0248299-006-EM for a 5-year time extension with expiration date of March 28, 2024. On February 10, 2021, FEP issued 16-0248299-008-EM transfer permit to transfer the permit to the current property owner Jason and Kimberly Jones.
This project is being evaluated for possible issuance pursuant to a letter of permission. Comments regarding the application should be submitted in writing to the District Engineer at the above address within 15 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.
If you have any questions concerning this application, you may contact Janice Price at the letterhead address, by electronic mail at Janice.R.Price@usace.army.mil, or by telephone at 904-570-4542.
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.