SAJ-2001-06043 (SP-TMM)

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:  Jacksonville Port Authority (JAXPORT)
                      Attn: James Bennett
                      2831 Talleyrand Avenue
                      Jacksonville, Florida 32206

WATERWAY AND LOCATION: The project would affect waters of the United States (open tidal, navigable waters) within the St. Johns River. The project sites are located on the St. Johns River between Blount Island and the Tallyrand areas at JAXPORT, including Talleyrand Marine Terminal Berths 3, 4, 5, 6, 7 and 8, Ed Austin Marine Terminal Berth 10, Dames Point Marine Terminal Berths 16, 17, and 18 and the MOL Turning Basin, and Blount Island Marine Terminal Berths 20 and 22, Berths 30, 31, 32, 33, 34 and 35, in Sections 15, 16, 40, 41, and 56, Township 2 South, Range 26 East, Jacksonville, Duval County, Florida.

Directions to the site are as follows:

a. Talleyrand Marine Terminal (Berths 3-8): From downtown Jacksonville, go east on Independent Drive toward South Newman Street for 0.16 mile. Take a left on Newman Street and then quickly turn right on East Bay Street and continue for 0.68 mile. After East Bay Street becomes Gator Bowl Boulevard, continue for 0.64 mile. Turn right onto Talleyrand Avenue and continue for 2.24 miles to the project site located on the waterfront.

b. Ed Austin Terminal (Berth 10) and Dames Point Marine Terminal (Berths 16-18, and MOL Turning Basin): From downtown Jacksonville, travel north on I-95 North. Merge onto FL-105 via Exit 358A toward US-17 and continue for 5.35 miles. Turn right onto August Drive and continue for 0.28 mile.

c. Blount Island Marine Terminal (Berths 20, 22, 30-35, and JEA Coal Berth): From downtown Jacksonville, travel north on I-95 North. Merge onto FL-105 via Exit 358A toward US-17 and continue for 7.28 miles. Turn slight right onto Dave Rawls Boulevard and continue for 0.56 mile. Take first right onto Blount Island Boulevard and continue for 0.53 mile to reach Berth 20.

APPROXIMATE CENTRAL COORDINATES:

PROJECT PURPOSE:

Basic: The basic project purpose is vessel access.

Overall: The overall project purpose is the improvement of vessel access associated with JAXPORT facilities in the form of maintenance dredging of marine terminal berths in Jacksonville, Duval County, Florida.

EXISTING CONDITIONS: The proposed maintenance dredging would be located in the open waters of the St. Johns River in existing marine terminal berths and an existing turning basin. There is no submerged aquatic vegetation, mangrove, or marsh resources within the dredge footprint. 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 riverine system that is categorized as Streams and Waterways (FLUCFCS code 510).

PROJECT HISTORY:
a. Authorization History: The Corps previously evaluated several activities proposed at JAXPORT. Those actions included dredging and maintenance dredging authorized March 1, 2002 for JAXPORT Talleyrand Berths 3-8, Blount Island Terminal Berths 20 and 22, JEA Northside Generating Station, Blount Island Coal Dock, Kennedy Generating Station, Southside Generating Station, and Ed Austin Marine Terminal, Gate Concrete Berths A and B, BP Oil Company and Crowley American Transport Facilities (SAJ-2001-06043). The permit expired February 28, 2012. It was renewed October 24, 2011 and expires October 24, 2021. SAJ-2001-06043 underwent Modification #1 on February 12, 2013, which authorized expansion of Blount Island Terminal Berth 35 for dredge. SAJ-2001-06043 underwent Modification #2 on August 25, 2020 to incorporate maintenance dredging operations for the Dames Point Terminal (Berths 16, 17, and MOL Turning Basin) originally authorized under SAJ-2005-05928 into the long-term maintenance dredging authorized by SAJ-2001-06043. The actions also included authorization under SAJ-2007-02942 for a private, multi-family pier and a Letter Of Permission authorization for adding a floating dock to the security dock. The historical dredging since 2012 is listed in Table 1 below.

                                    Table 1. Historic Maintenance Dredging at JAXPORT

b. Jacksonville Harbor Deepening Berths 33-35: JAXPORT Berths 33-35 are currently undergoing permit review for new dredging under SAJ-2001-06043, as noticed to the public on July 22, 2021, simultaneously with this permit review. These Berths were considered as part of the Jacksonville Harbor deepening permit review with the Florida Department of Environmental Protection with an Environmental Resource Permit and State-owned Submerged Lands Authorization, Permit number: 16-0297428-003. Currently, the Berths have a maintenance dredge permit for an authorized dredge depth of -47 feet with an authorized overdredge allowance of -2 feet for a maximum authorized dredge depth of -49 feet. The current permit review for Berths 33-35 would increase the dredge depth to -49 feet with an allowable overdredge depth of -1 foot for a total of -50 feet maximum authorized depth. Therefore, this permit review would be considered maintenance dredge of the Jacksonville Harbor Deepening of Berths 33-35 to -49 feet with an allowable overdredge depth of -1 foot for a total of -50 feet maximum authorized depth.

PROPOSED WORK: The applicant seeks authorization to perform periodic hydraulic or mechanical dredging within the St. Johns River over a period of 5 years. Work includes dredging 19 existing JAXPORT marine terminal berths and a turning basin, a total of 186.14 acres, to various previously authorized depths (reference Table 2 below) to remove approximately 2,130,295-cubic-yards of accumulated material (reference Table 3 below). Berths 33-35 will be dredged to -49 feet mean low water feet plus -1 foot allowable over dredge to be consistent with the new dredge at Berths 33-35, also under SAJ-2001-06043, in conjunction with the Jacksonville Harbor Deepening. Once the Berths 33-35 undergoes the new dredge depth work, JAXPORT would then follow up with maintenance dredging to -49 feet plus -1 foot allowable over dredge. The dredge spoil material for the proposed maintenance dredge would be discharged at upland disposal site locations that would include Bartram Island Dredge Material Management Area (DMMA) and Buck Island DMMA.

                                                                                           Table 2. Proposed Maintenance Dredging at JAXPORT

                 Table 3. JAXPORT Projected Maintenance Dredging Volumes (2022 – 2026)

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:

“All activities will adhere to guidelines set forth in the state and federal environmental permits including best management practices to prevent violation of state water quality standards. In addition, the project will comply with all applicable Project Design Criteria (PDCs) in accordance with the South Atlantic Regional Biological Opinion (SARBO). All maintenance dredging contractors will follow the Standard Manatee Conditions for In-Water Work (2011) and Sea Turtle and Smalltooth Sawfish Construction Conditions (2006) during all in-water construction activities.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:

The proposed work does not involve fill or work in marsh or submerged aquatic vegetation; therefore, no compensatory mitigation is not required.

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:

a. The Corps has determined the proposed maintenance dredging may affect, and is not likely to adversely affect the West Indian Manatee (Trichecus manatus). The project site is within an area accessible to manatees and is located within a Manatee Consultation Area and within US Fish and Wildlife Service (FWS) Critical Habitat. The applicant has elected to follow the Standard Manatee Conditions for In Water Work, there is no impact to submerged aquatic vegetation, mangroves or marsh (there are none present), and there are no new slips proposed. In consideration of this information, the Corps reviewed 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; however, the key is not for use in evaluation of projects that would result in 50,000-cubic-yards of dredge or greater. The Corps will request FWS concurrence with this determination under informal consultation pursuant to Section 7 of the Endangered Species Act.

b. The Corps has determined the proposed maintenance dredge would have no effect on the Wood Stork (Mycteria americana). The project site is within the 13-mile Wood Stork Nesting Colony Buffer for the Jacksonville Zoo and Gardens, Cedar Point Road, Pumpkin Hill Preserve, and Dee-Dot Ranch Wood Stork nesting colonies; therefore, this species may be present at the project site. 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 > no effect due to the project not impacting Suitable Foraging Habitat. In consideration of the key sequence, additional coordination with the FWS is not required.

c. Eastern Indigo Snake (Drymarchon corais couperi): The Corps has determined the proposed work relating to the placement of dredge spoil at the upland Dredge Management Disposal Area may affect, but is not likely to adversely affect, the Eastern indigo snake. 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, including the upland disposal sites. 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. Red Cockaded Woodpecker (Picoides borealis): The Corps has determined the proposed maintenance dredge would have no effect on the Red-Cockaded Woodpecker. Habitat for Red Cockaded Woodpecker typically incorporates mature pine woodlands; and, optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass and shrub species. Nesting and roosting occur in cavity trees that are almost exclusively old, living, flat-topped pine trees. The project site is within the United States Fish and Wildlife Service Red-Cockaded Woodpecker Consultation Area; however, the site does not encompass typical or optimum habitat; or, trees capable of supporting cavities due to being in water work. The Corps concludes that the project would have no effect on this species. In consideration of the determination, additional coordination with the FWS is not required.

e. 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). The Corps has concurrence with this determination pursuant to the SARBO. Therefore, additional coordination with the National Marine Fisheries Service is not required.

f. The Corps executed a Resources At Risk (RAR) report on July 19, 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 186 acres of open water utilized by various life stages of snapper/grouper complex, spiny lobster, bluefish, adult and juvenile summer flounder, and bull shark. 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 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 drawings provided by the applicant, the waterward edge of the proposed dredge is the appropriate setback from the near bottom edge of the Jacksonville Harbor 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: 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) 570-4512. 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.