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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Florida Yacht Club
Attn: Ms. Carol Edell
5210 Yacht Club Road
Jacksonville, Florida 32210
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 5210 Yacht Club Road, in Section 42, Township 3 South, Range 26 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From Interstate-10 take Exit 361 onto US Highway 17 heading south. Proceed until the intersection of Yacht Club Road and turn left. Proceed until the road ends at the property address.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.252166°
Basic: The basic project purpose is the repair and protection of structures.
Overall: The overall project purpose is the repair and improved protection of existing dock structures at the Florida Yacht Club in Jacksonville, Florida.
EXISTING CONDITIONS: The riverine system is tidal with a marina within the project boundaries. On May 24, 1994, the applicant was authorized with a Nationwide Permit 3 to repair an existing boat ramp that was in disrepair. On December 9, 2009, the applicant was authorized with a Letter of Permission to install a 752-foot-long by 8.5-foot-wide floating concrete breakwater that is anchored using anchor blocks and a chain/rope attachment. The existing area surrounding the project area consists of the Yacht Club recreational facility and single-family residences.
PROPOSED WORK: The applicant seeks authorization to discharge 16,000 cubic yards into 0.989 acres of waters of the United States (open water) to facilitate the installation of a breakwater (R1500 armor stone with a median size of 1.5 ft, and a gradation range of 525 – 875 lbs.) to protect the existing marina structure from climatic events. In addition, the applicant would replace a 42-foot-long by 5-foot-wide floating dock that is moored to a 12-inch wood piling. Forty-seven existing timbers would be straightened or replaced using jetting and an impact hammer.
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 proposed rock rubble breakwater will remain within the previously permitted footprint (including state submerged land lease) of the floating attenuators and docks. This solution is proposed due to inability of past solutions (fixed panel, floating) to protect the basin and infrastructure during storm events. The rock breakwater will also provide additional interstitial and rock surface habitat where none currently exists.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“There are no known SAVs or other resources in the footprint of the proposed structures. No compensatory mitigation is proposed.”
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
The Corps has determined the proposed project may affect but is not likely to adversely affect the West Indian manatee (Trichechus manatus), Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus), and shortnose sturgeon (Acipenser brevirostrum). 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. The Corps has determined the proposal would have no effect on the Wood Stork (Mycteria americana) and Red-cockaded Woodpecker (Picoides borealis).
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 0.989 acres of subtidal riverine habitat 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 and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
Navigation: On April 14, 2022, the Corps Navigation Section commented they have no objection to the permit being issued.
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.
COMMENTS and QUESTIONS regarding the potential authorization of the work proposed should be directed the attention of the District Engineer or the project manager, Mr. Brad Carey, within 21 days from the date of this notice by electronic mail at Brad.J.Carey@usace.army.mil or telephone at 904-232-2405.
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.
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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection.
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.