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) as described below:
APPLICANT: Blanchard Terminal Company, LLC
Attn: Ms. Angela Brown
539 South Main Street
Findlay, Ohio 45840
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 2101 Zoo Parkway in Section 47, Township 1 South, Range 27 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From Interstate-95 take Exit 358A. Proceed on Heckscher Drive going east for 3.25 miles and the project site is on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.4090°
Longitude -81.6017°
PROJECT PURPOSE:
Basic: The basic project purpose is maintenance dredging.
Overall: The overall project purpose is a maintenance dredging to improve navigation to the marine petroleum terminal at Drummond Point Port of Jacksonville.
EXISTING CONDITIONS: The community type has been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS). The site is within the St. Johns River, a tidal riverine system that is categorized as Streams and Waterways (FLUCFCS code 510). The adjacent upland is categorized as Port Facilities (FLUCFCS code 815).
PROPOSED WORK: The applicant seeks authorization to renew a 10-year Department of the Army authorization to maintenance dredge a 2.5-acre marine terminal. The proposal is to maintenance dredge to -40 feet Mean Low Lower Water level, with -2 feet over dredge allowance. Up to 70,000 cubic yards of maintenance material would be dredged annually to maintain the authorized depth for a total of 700,000 cubic yards through the duration of the permit. The dredging would be conducted by either mechanical (clamshell) techniques and/or hydraulic dredge. The dredged material would be placed in an approved upland disposal facility.
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:
“Impacts will be avoided by limiting the areal extent of dredging to the previously dredged area. Nor is any increase in depth proposed. Impacts will be minimized by adhering to the permit conditions.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“Because no new impacts are proposed, 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 West Indian manatee (Trichechus manatus), 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), Atlantic Sturgeon (Acipenser oxyrhynchus oxyrhynchus), Smalltooth Sawfish (Pristis pectinata),
Shortnose Sturgeon (Acipenser brevirostrum), or its designated critical habitat. The Corps has determined the proposed project may affect but is not likely to adversely affect the Wood Stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 2.5 acres of subtidal unvegetated habitat that has undergone continuous dredging operations; however, the surrounding areas could be utilized by various life stages of snapper/grouper and shrimp 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 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 activity is abutting the near bottom edge of the Intracoastal Waterway Federal channel. Consultation with the Corps Navigation Branch has been initiated.
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, would not alter, occupy, or use a Corps Civil Works project. Consultation with the Corps Project Management has been initiated.
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 Carey, by electronic mail at Brad.J.Carey@usace.army.mil; or, by telephone at (904) 232-2405 within 21 days from the date of this notice.
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.
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 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.