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) as described below:
APPLICANT: Amelia Island Marina
Attention: Witt Storm
251 Creekside Drive
Fernandina Beach, Florida 32034
WATERWAY AND LOCATION: The project would affect waters of the United States (tidal, navigable waters and wetlands) associated with the tidal Kingsley Creek. The project site is located at 251 Creekside Drive, in Section 46, Township 2 North, Range 28 East, Fernandina Beach, Nassau County, Florida. The project site location consists of 92.33 acres.
Directions to the site are as follows: From Jacksonville, take 1-95 north. Exit east onto State Road A1A/200/2/South 8th Street. Just east of Kingsley Creek/lntracoastal Waterway, take a left on Creekside Drive, over the railroad tracks, and into the Amelia Island Marina.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.631799°
Longitude -81.477616°
PROJECT PURPOSE:
Basic: The basic project purpose is vessel access.
Overall: The overall project purpose is marina improvements at Amelia Island Marina in Amelia Island, Nassau County, Florida.
PROJECT BACKGROUND: The Corps previously evaluated several activities proposed at Amelia Island Marina. Those actions included SAJ-1984-04789 for reconfiguration of the marina for 4 docks, SAJ-1987-21058 for increasing the marina from 94 slips to 175 slips, SAJ-1990-00881 for mitigation for roads that were installed through the marsh to reach a dredge disposal area, and SAJ-1995-01790 to maintenance dredge approximately 10,000-cubic-yards of material from the existing entrance channel and marina basin. The current configuration of 10 docks with 159 slips and two dry storage facilities with 214 dry slips is not currently authorized under a permit, although SAJ-1987-21058 authorized 175 wet slips. The current layout and dry slips would be reviewed and considered under after the fact permitting.
EXISTING CONDITIONS:
a. Marina Facility: The existing marina facility has several existing docks and finger piers that were constructed in various stages over time from the 1980s to the 2000's. Marina dredging began in 1960 within the marina basin, and dredging of the channel was completed by 1969. Two docks with slips and a third structure are noted in 1984 and in 1994 there are 6 docks, one boat lift, and one dry boat storage facility. By 2003 there are 7 docks with fingers, 3 docks parallel to the shoreline, one boat lift, and two dry boat storage facilities. The project area is comprised of dark water habitat with no submerged aquatic vegetation or resources.
b. Vegetative Communities: The project site location consists of 92.33 acres. 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 Amelia Yacht Club marina is categorized as Marinas and Fish Camps (FLUCFCS code 184), 8.11 acres; Marina Basin (FLUCFCS code 1841), 14.50 acres; Saltwater Marsh (FLUCFCS code 642), 64.70 acres; Spoil Area (FLUCFCS code 743), 4.12 acres; and Access Road (FLUCFCS code 814), 0.90 acres.
PROPOSED WORK: The applicant seeks authorization for the following:
a. Construction of 3,040-square-feet of floating dock in waters of the United States (tidal, navigable waters). The proposed floating dock would host 8 wet boat slips. The proposed work would bring the total number of wet slips to 167 and the total number of dry slips to 214.
b. Maintenance dredging in waters of the United States (tidal, navigable waters) to dredge the existing marina entrance channel and yacht basin to the previously authorized design specifications of -6 feet at mean low water. The dredging would be conducted by either a mechanical or hydraulic based method and include removal of 6,000-cubic-yards of sedimentation. The dredge spoil would be placed in the previously authorized upland disposal area on site, just north of the marina entrance channel. A pipe would run from the north side of the marina basin to a road that would lead north and west to the upland disposal area to place the dredge spoil material.
c. The current configuration of the docks would be included in any permit authorization and the work would be reviewed for after-the-fact authorization for the two dry boat storage facilities that include 214 dry slips.
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:
There is no permanent fill associated with the project; therefore, no avoidance and minimization were proposed.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
There is no permanent fill associated with the project; therefore, no compensatory mitigation was proposed.
CULTURAL RESOURCES:
The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES:
a. The Corps has determined the proposed project would be not likely to adversely affect the West Indian Manatee (Trichecus manatus). The project site is within an area accessible to manatees, an area of Manatee Critical Habitat, and the site is located in a Manatee Consultation Area. 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 sequence A > B > C > G > H > I > J > L > N > O
> P1 may affect, not likely to adversely affect. In consideration of the key sequence, additional coordination with the U.S. Fish and Wildlife Service (FWS) is not required.
b. Woodstork (Mycteria americana): The project site is within the 13-mile United States Fish and Wildlife Service (FWS) North Florida core foraging area for the Pumpkin Hill, Cedar Point Road Wood Stork nesting colony. However, the site is a deep-water system that is not suitable foraging habitat for Wood Storks. In consideration of that information, the Corps evaluated potential effects to this species using 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. Use of this key resulted in the sequential determination A > B > no effect, as the project would not affect suitable foraging habitat. The FWS previously indicated that they concur with determinations of not likely to adversely affect based on that key; and, that no additional consultation is required.
c. 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, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. The environmental consultant did not indicate gopher tortoise burrows have been documented on site. In consideration of this information, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the sequence A > B > C > not likely to adversely affect, as the applicant would be required to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
d. The Corps has determined the proposed project may affect, but is not likely to affect the shortnose sturgeon (Acipenser brevirostrum), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), smalltooth sawfish (Pristis pectinata), green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricate), Kemp’s Ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), loggerhead sea turtle (Caretta caretta), and North Atlantic right whale (Eubalaena glacialis). However, the project’s design was not originally evaluated under the U.S. Army Corps of Engineers Jacksonville District’s Programmatic Biological Opinion (JAXBO) and the associated Project Design Criteria. Additionally, the JAXBO Activity 2 for Pile Supported Structures and Anchored Buoys limits marinas to 50 slips. The work proposes to add 8 wet slips, which would result in a total of 167 wet slips and 214 dry slips. Therefore, the Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
e. The Corps executed a Resources At Risk (RAR) report on 11 May 2021. 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 16 acres of habitat type utilized by various life stages of spiny lobster and snapper/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 South Atlantic Fisheries Management Council region. 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 2,150 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, 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, 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.