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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), Section 404 of the Clean Water Act (33 U.S.C. §1344), and Section 103 of the Marine Protection, Research, and Sanctuaries Act (33 USC § 1413) as described below:
APPLICANT: BAE Systems Jacksonville Ship Repair, LLC
Attn: Mr. Tim Spratto
8500 Heckscher Drive
Jacksonville, Florida 32226
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 8500 Heckscher Drive, in Section 00, Township 1 South, Range 28 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From Interstate-95 take Exit 362A onto Interstate-295. Proceed until Exit 41 and take a left off the exit. Proceed until the intersection of Myrtle Drive and the project is on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.386728°
Longitude -81.459381°
PROJECT PURPOSE:
Basic: The basic project purpose is commercial development.
Overall: The overall project purpose is expansion of an existing shipyard facility to increase capabilities and meet demand.
EXISTING CONDITIONS: The property encompasses generalized land use/cover types identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). The project site is within the St. Johns River, which is classified as Streams and Waterways (FLUCFCS code 510). The Intracoastal Waterway is located approximately 800 feet to the west of the project site. The surrounding land-use is classified as Port Facility (FLUCFCS code 815).
PROPOSED WORK: The applicant seeks authorization to construct a shiplift drydocking complex. The 540-foot-long by 220-foot-wide in-water facility would include 2 pile-supported finger piers with a shiplift between the piers and a berth adjacent to the eastern finger pier. The shiplift will connect to the land-side facility via a transfer bridge over the existing and new bulkhead. In addition, the applicant would discharge approximately 2,500 cubic yards of clean-fill material and riprap over 0.15-acres of tidal waters to facilitate the construction of a 220-foot-long bulkhead waterward and between the existing bulkhead and the proposed shiplift transfer bridge. The construction requires the dredging of approximately 200,000 cubic yards of sediments under 2.73 acres of tidal waters using explosives, drilling, mechanical bucket, scows, and hydraulic cutter suction dredging techniques. The dredged material would either be placed onto a barge to be transported to the JAXPORT Dredged Materials Management Area (DMMA) at Bartram Island or the Jacksonville Ocean Dredge Material Disposal Site (ODMDS), or it will be transported to an adjacent FIND DMMA via truck or pipeline. Furthermore, the applicant would install 18 sediment control units (SECON) to prevent accumulation of sediments under the shiplift or the adjacent berth.
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 avoidance and minimization of negative environmental impact is reduced by the construction of the new facility by reducing the in-water footprint required and eliminating over-water work. The proposed shiplift system has been designed to allow for multiple concurrent vessel repair operations to take place on land, thus eliminating over-water work and reducing the number of berths or drydock facilities. The shiplift will remain out of the water except when vessels are being loaded to or unloaded from the land facility. The proposed bulkhead will result in the smallest impact practicable to allow construction adjacent to the existing bulkhead and rip rap wall and the required support of the transfer bridge.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“Based on the lack of benthic resources and relatively small footprint of the filled area for the realigned bulkhead, no mitigation is proposed.”
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect the Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus), Shortnose Sturgeon (Acipenser brevirostrum Green Sea Turtle (Chelonia mydas), Loggerhead Sea Turtle (Caretta caretta), Hawksbill Sea Turtle (Eretmochelys imbricata), Kemp’s Ridley Sea Turtle (Lepidochelys kempii), Leatherback Sea Turtle (Dermochelys coriacea), or its designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps will request initiation of formal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter. The Corps has determined the proposal would have no effect on the Red-cockaded Woodpecker (Picoides borealis), or the Wood Stork (Mycteria americana) or designated critical habitat.
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 2.73 acres of subtidal riverine habitat possibly utilized by various life stages of shrimp, snapper, and grouper species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the St. Johns River. Our final determination relative to project impacts, the existing conditions, 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 approximately 800 feet away from the near bottom edge of the Intracoastal Waterway Federal channel.
SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, may 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.
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.
COMMENTS and QUESTIONS concerning this application should be directed to the project manager, Mr. Brad, by electronic mail at Brad.J.Carey@usace.army.mil; or, by telephone at (904) 232-2405.
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.