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: Camachee Island Company
Attn: Mr. Peter Sabo
3070 Harbor Drive
St. Augustine, Florida 32084
WATERWAY AND LOCATION: The project would affect waters of the United States within the Tolomato River. The project site is located at 3070 Harbor Drive, in Sections 5 and 8, Township 7 South, Range 30 East, St. Augustine, St. Johns County, Florida.
Directions to the site are as follows: From the Interstate 95, exit at State Road 207 and head east to St. Augustine Beach. Turn left onto South Ponce de Leon Boulevard. Turn right onto West San Carlos Avenue onto May Street, heading to the Vilano Bridge. Turn left onto Harbor Drive prior to reaching the bridge. The Camachee Cove Yacht Harbor is on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.91737569°
Longitude -81.30658777°
PROJECT PURPOSE:
Basic: The basic project purpose is a commercial marina.
Overall: The overall project purpose is to modify the existing 257 slip marina with the addition of 22 new slips, improvement of a jetty wall on the north side of the entrance channel, moving 50 feet of the southern breakwater, installation of a flow-training rock structure along the south side of the entrance channel, and creation of essential fish habitat at Camachee Cove Yacht Harbor, St. Augustine, St. Johns County, Florida.
EXISTING CONDITIONS: The Camachee Cove Yacht Harbor site currently supports three (3) land use types/vegetative communities:
(1) Marinas (184): The western portion of the property includes an existing marina facility with 257 boat slips and 58,700-square-feet of floating docks.
(2) Streams and Waterways (510): The entrance channel on the east side of the marina is within the Tolomato River. The entrance channel has a permitted depth of -6 North American Vertical Datum (NAVD) 88 with two floating docks and associated boat slips in the entrance channel.
(3) Wetlands Non Vegetated (650): A portion of the southern boundary includes tidal mudflats. These areas within the project area do not have submerged aquatic vegetation, oysters/shells, or mangroves.
PROJECT HISTORY:
(1) The site for the proposed work was originally permitted in 1976 by the Corps and expanded in 1978. In 1983, the Corps permitted dredging along with construction of a groin on the north side of the entrance channel. In 1995, a groin made of rip rap was permitted by the Corps for construction on the south edge off the entrance channel. In 1997, the Corps permitted maintenance dredging along with construction of bulkheads to improve existing marina facilities. Under Corps permit number SAJ-1991-02279, maintenance dredging was permitted in 1992, 2006, 2012, and May 2020. In July 2020, a Corps Tolling Agreement was signed by the applicant for a structure that was installed between 1999 and 2004 without a permit. This structure would be reviewed and permitted after the fact as part of any current permit authorization.
(2) The proposed work was publicly noticed on August 5, 2020, and an Intent to Issue was sent to the applicant on July 23, 2021, due to the state Water Quality Certification not yet being completed. On October 21, 2022, the state Water Quality Certification was issued. The state Water Quality Certification indicated that additional fill was proposed. Therefore, the Corps noted that the proposed work would be publicly noticed again to notify the public and Federal Agencies that additional work has been proposed.
PROPOSED WORK: The applicant seeks authorization for the following, some of which was already publicly noticed on August 5, 2020:
Already Publicly Noticed, But Not Yet Authorized:
1. To work in waters of the United States (open, tidal water) to expand an existing marina facility including the construction of an additional 7,200-square-feet of floating dock structures along the north and south sides of the entrance channel and 22 new slips. The total marina layout would be 65,900-square-feet of fixed and floating docks over water with 279 total slips. This work was previously noticed on August 5, 2020.
2. To work in waters of the United States (open, tidal water) to improve the entrance channel protection from tidal sedimentation by installing a 720-foot-long by 3-feet-wide by 6-feet to 8-feet-tall gabion basket flow training rock structure attached to a 720-footlong by 15-feet-wide rock mattress on the river bottom on the south side of the entrance channel for a total of 1,650-cubic-yards of fill. This work was previously noticed on August 5, 2020.
3. To work in waters of the United States (open, tidal water) to Improve the existing north jetty by adding rip rap that would add an additional 6-feet to 8-feet in width and an additional 3-feet in height to the 420-foot-long by 8-feet to 12-feet wide by 4-feet to 8-feet tall jetty for a total of 800-cubic-yards of fill. This work was previously noticed on August 5, 2020. New Proposed Work in This Area: The applicant proposes to add an additional 1,054-cubic-yards of fill to 0.067-acre of waters of the United States (open, tidal water). The fill would not increase the length or width of the structure.
4. To work in waters of the United States (tidal mud flats) to move and turn a 50-foot section of existing relic breakwater 90 degrees and 11-feet southwest of the existing location on the southern extent of the existing relic breakwater to allow tidal flow. Best management practices would be required in project construction. This work was previously noticed on August 5, 2020, indicating that the 50-foot section would be removed. New proposed work in this section, above that which has already been noticed, includes turning the 50-foot section 90 degrees and separating the section by 11-feet to allow water to flow, instead of it being removed.
New Proposed Work:
5. To place 49.8-cubic-yards of clean fill into 0.032-acre of waters of the United States (tidal mud flats) for the installation of 6 rip rap islands to create essential fish habitat. The islands would allow for potential recruitment of oyster habitat. Each island would be 30-feet-long by 8-feet-wide and would consist of 8.3-cubic-yards of fill. The islands would be placed parallel to the shoreline and would be placed 10-feet apart. The islands would be 24-inches-tall and the rip rap would be placed at a 2:1 vertical to horizontal slope. The restoration work would also include 900-square-feet of Spartina alterniflora plantings to increase marsh habitat. Lastly, 22-square-feet of oyster bed that would be impacted by the gabion wall rock flow training structure would be removed and placed just south of the 50-foot section of rip rap that would be turned south 90 degrees to save the oyster bed and create essential fish habitat in a new area. This proposed work was added to the project after the public notice as required mitigation for Florida Department of Environmental Protection.
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 expansion and control measures have been planned and designed to avoid environmental impacts, and all works (rock installation, pile driving, and shading) will maintain a substantial offset from any outside resources. Where temporary construction impacts are unavoidable, every effort will be made to minimize impacts to water quality and aquatic resources. The works will be performed according to, and will comply with, all requirements and conditions of the permit. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
As the impacts associated with the proposed construction are temporary and minor, no mitigation is required.
CULTURAL RESOURCES: The Corps previously 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 previously determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichecus manatus). The project site is located within an area accessible to manatees; therefore, this species may be present at the project site. 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 > P > May Affect, Not Likely to Adversely Affect. In consideration of the key sequence, additional coordination with the U.S. Fish and Wildlife Service (USFWS) is not required.
The Corps previously determined the proposed project is not likely to adversely affect the Wood Stork (Mycteria americana). The project site is within the 13 mile Woodstork Nesting Colony Buffers for St. Augustine Alligator Farm and Matanzas Marsh; 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 > C > not likely to adversely affect as there would be less than 0.5-acre of impacts to suitable foraging habitat. In consideration of the key sequence, additional coordination with the USFWS is not required.
The Corps previously determined the proposed work that was already noticed 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, with the addition of 22 slips, the project would have a total of 279 slips, which does not fall under the U.S. Army Corps of Engineers Jacksonville District’s Programmatic Biological Opinion (JAXBO). Therefore, the Corps requested and received concurrence on 11 January 2021 from National Marine Fisheries Service with this determination pursuant to Section 7 of the Endangered Species Act. This consultation is now closed.
The Corps has determined that the proposed new work for the creation of essential fish habitat 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): May Affect Not Likely to Adversely Affect - The Corps evaluated the proposed work utilizing NMFS Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp’s Ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson’s seagrass; sturgeon (Gulf shortnose, and Atlantic); corals (elkhorn, staghorn, Boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson’s seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. Based on past permitting practices of the Corps and review of consultations with similar in water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in water construction activities. These PDCs ensure effects of in water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of designated critical habitat. For this authorization, the Corps conducted a project specific review to ensure that all the PDCs were met. In accordance with the project specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity will be emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil. Therefore, the Jacksonville District will have satisfied the project specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above listed species and critical habitats within the NMFS purview.
The Corps executed a Resources At Risk (RAR) report on August 4, 2020. 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 0.32-acre (an additional 0.03-acre) of a coastal inlet area, river, and mudflats habitat utilized by various life stages of shrimp, snapper, and grouper; however, there is no submerged aquatic vegetation, mangroves, or oysters/shell within the project boundary. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Tolomato 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.
Shrimp: The project site location supports EFH for shrimp (Farfantepenaeus spp., Penaeus sp., and/or Litopenaeus spp.). Areas that meet the criteria for essential fish habitat-habitat areas of particular concern (EFH-HAPCs) for penaeid shrimp include all coastal inlets, all state-designated nursery habitats of particular importance to shrimp, and state identified overwintering areas. In consideration of the location of the project site and the work proposed, the project may affect, but is not likely to adversely affect, these species.
Snapper/Grouper: The project site location supports snapper (Lutjanus spp.) and grouper (Mycteroperca spp. and/or Epinephelus spp.). Areas that meet the criteria for EFH-HAPCs for species in the snapper-grouper management unit include medium to high profile offshore hard bottoms where spawning normally occurs; localities of known aggregations; nearshore hard bottom areas; mangrove habitat; seagrass habitat; oyster/shell habitat; all coastal inlets; all state-designated nursery habitats of particular importance to snapper and grouper; and Council-designated Artificial Reef Special
Management Zones. In consideration of the location of the project site and the work proposed, the project may affect, but is not likely to adversely affect, these species.
Navigation: Based on recent prior review, the waterward edge of the proposed work is 1,000 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.
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, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179.
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 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.
WATER QUALITY CERTIFICATION: Water Quality Certification has been issued from the Florida Department of Environmental Protection on October 21, 2022, under Environmental Resource Permit number 55-0150337-010-EI. The Water Quality Certification was coordinated with EPA on November 22, 2022, with concurrency received on November 22, 2022.
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.