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 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344) as described below:
APPLICANT: KMJ, LLC.
Attention: Shankar Krishnamoorthy
391 East River Road
East Palatka, Florida 32131
WATERWAY AND LOCATION: The project would affect waters of the United States (tidal wetlands) associated with the St. Johns River. The project site is located at 391 East River Road, in Section 40, Township 9 South, Range 27 East, East Palatka, Putnam County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel south on Interstate (I) 95. Take the County Road (CR) 206 exit and travel west. CR 206 merges into CR 207. Merge onto CR 207 and continue traveling west. Take a right onto CR 207 A and travel west. Take a left and travel south on East River Road. Take a right into the property at 391 East River Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.687562
Longitude -81.629298
PROJECT PURPOSE:
Basic: The basic project purposes are access to navigable waters and shoreline stabilization.
Overall: The overall project purpose is to construct three single family docks that would each have one boat slip, construct one boat ramp, add rip rap, and add a retaining wall at the owner’s residence in East Palatka, Putnam County, Florida.
EXISTING CONDITIONS:
a. General: The project site is currently one parcel; however, the applicant has indicated that there are plans to subdivide into three parcels, per the submitted survey. There is an old canal on the property, which is the proposed location for the proposed boat ramp.
b. Vegetative Communities: The land community type has been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS). The St. Johns River is a tidal, navigable riverine system that is categorized as Streams and Waterways (FLUCFCS code 510). There are wetlands along the shoreline categorized as Mixed Wetland Hardwoods (FLUCFCS code 617). There is an old residence on the site and this area is classified as Residential, Low Density Less Than Two Units Per Acre (FLUCFCS code 110). The remainder of the site on the western two thirds of the property is classified as Pine Flatwoods (FLUCFCS code 411).
PROPOSED WORK:
The applicant seeks authorization to construct the following:
a. Dock A on the north side of the property that would have a 5-foot-wide by 425-foot-long walkway with a 20-foot-long by 10-foot-wide terminal platform with a 16-foot-wide by 31-foot-long covered boat slip.
b. Dock B in the middle of the property with a 5-foot-wide by 400-foot-long walkway with a 20-foot-long by 10-foot-wide terminal platform and a 16-foot-wide by 31-foot-long covered boat slip.
c. Dock C on the southern end of the property with a 5-foot-wide by 390-foot-long walkway with a 20-foot-long by 10-foot-wide terminal platform and a 16-foot-wide by 31-foot-long covered boat slip.
d. Rip Rap 850-linear-feet-long by 5-feet-wide (approximately 400-cubic-yards) at the mean high-water line, including partial stabilization of the existing cut canal.
e. Retaining Wall 1005-linear-feet-long by 8-inches-side and 5-feet-tall along the upland/wetland line.
f. Boat ramp within the existing canal that would be approximately 12-feet-wide with approximately 10-cubic-yards of fill in a single lane.
The work associated with the establishment of the structures, rip rap, boat ramp, and retaining wall would affect tidal wetlands associated with the St. Johns River.
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:
“Rip rap has been used to stabilize the shoreline rather than a vertical wall to limit the impact on the shoreline wetland. Docks have been designed to be minimal in size.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“There are approximately 400 cubic yards of riprap being placed along the shoreline. The original design for the property was to place a vertical bulkhead along the shoreline. An application for a wall was submitted to the DEP in 2006. It was the opinion at that time that a wall had the potential to impact the forested wetland system along the water’s edge of the parcel. Because of the potential impacts, the wall was removed from the plans and riprap was proposed as an alternative.
Riprap will allow for water to exchange between the river and forested system. No additional fill dirt will be required. Natural vegetation will be able to take root in between spaces. Interstitial space will provide habitat for species. Riprap rocks will also allow species to get up into the forested system to forage or nest.
Being that the riprap is not changing the wetland functions of either the forested system or the surface water, it is our position that mitigation is not required.”
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:
Eastern Indigo Snake (Drymarchon corais couperi): Eastern indigo snake frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, and human-altered habitats. Therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project; and, the Corps evaluated potential effects to this species. Potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequential determination A > B > C > Not Likely to Adversely Affect due to the retaining wall and staging areas having no gopher tortoises, no burrows, holes, cavities, or other refugia where a snake could be buried or trapped, and due to the permit verification being conditioned for the use of the FWS’s Standard Protection Measures For The Eastern Indigo Snake during site preparation and project implementation. The FWS previously indicated that they concur with determinations of not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is required.
West Indian Manatee (Trichechus manatus): Due to the work being in the St. Johns River, which is accessible to manatees, and being within the FWS Manatee Consultation Area, the Corps evaluated potential effects to this species. The Corps evaluated potential effects to manatee using 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 sequential determination A > B > C > G > H > I > N > O > P4 may affect, not likely to adversely affect, as the project provides new access for watercraft, is for a residential dock facility, the project would not impact submerged aquatic vegetation, marsh, or mangroves, and the project proponent elects to follow the Standard Manatee Conditions for In Water Work. Additionally, the 13 May 2019 additional conditions do not apply, as the project does not incorporate clamshell dredge operations or the installation of metal pilings. The FWS previously indicated that they concur with determinations of may affect, not likely to adversely affect based on that key; and, that no additional consultation is required.
Shortnose sturgeon (Acipenser brevirostrum), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), smalltooth sawfish (Pristis pectinata): The project area is just over 70 miles south of the St. Johns River Inlet from the Atlantic Ocean; therefore, these species could be found on site. Due to the rip rap work and the retaining wall work proposed being longer than the 500 feet covered by the U.S. Army Corps of Engineers Jacksonville District’s Programmatic Biological Opinion (JAXBO), the Corps has determined the project may affect these species. The Corps will request initiation of formal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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 an approximately 0.10- acre area of open water utilized by various life stages of shrimp 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 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.
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 previously finalized an Approved Jurisdictional Determination, which verified the extent of Federal jurisdiction at the site.
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, Post Office Box 4970, Jacksonville, Florida 32232 within 30 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.
QUESTIONS concerning this application should be directed to the project manager, Ms. Terri M. Mashour, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at Terri.M.Mashour@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028. Please note, due to office staffing precautions associated with COVID-19, electronic mail correspondence is preferred.
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.