SAJ-2018-01690 (SP-EWG)

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:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Homosassa River.  The project area covers a total of 25.91 acres which includes the following: Phase 2 runs from a portion of Homosassa River beginning at the mouth of the manmade canal which runs adjacent to W Hazel Ln (northwest), and S Blue River Cove Terrace (northeast) side to Purslane Drive on the south. Phase 3 runs from the mouth of Halls River to the east to the Beginning of Phase 2.  The project is generally located in Section 28, Township 19 South, Range 17 East, Homosassa, Citrus County, Florida

Directions to the site are as follows:  From I-75, head north to exit 329, State Road 44. Head west on SR 44 to US Highway 19. Turn south (Left) on US Highway 19 to W Halls River Rd. Continue on W Halls River Rd for 1.23 miles and turn South (left) on South Washington Point. The project is located in the Homosassa River System.

APPROXIMATE CENTRAL COORDINATES:  

PROJECT PURPOSE: Basic:  The basic project purpose is maintenance dredging and aquatic vegetation restoration. Overall:  The overall project purpose is to maintenance dredge muck consisting of lyngbya spp. algae and detrital material from the eastern extent of the Homosassa River in order to expose a mineral substrate that is suitable for planting native aquatic vegetation.

EXISTING CONDITIONS:  The proposed work would occur in the eastern extent of Homosassa River, starting from the general area of the mouth of the Halls River. The Homosassa River system has suffered an influx of invasive species such as water hyacinth (Eichorna crassipes) and nutrient loading which has caused algal blooms of lyngbya spp. The natural die off and management of these invasive species along with the continued nutrient loading has caused a muck layer of lyngbya to settle on the riverbed and bottom of the canals replacing the mineralized substrate that used to support native submerged aquatic vegetation communities of tape grass (Vallisneria americana).  The proposed work is a continuation of similar work the Corps authorized as Phases I on November 25, 2020, under the same file number as this action.

PROPOSED WORK:  The applicant seeks authorization to suction dredge a total of 65,000 cubic yards of muck consisting of lyngbya spp. algae and other dead and decaying detrital material from a total of 25.91 acres in the eastern extent of the Homosassa River and associated residential canals. Dredged material will be temporarily contained in geotube bags for dewatering and permanently disposed of in self-contained upland disposal areas. The applicant also seeks authorization to plant tape grass (Vallisneria americana) that includes nursery grown local strain, “Rock Star”, and “Salty Dog” varieties at various planting sites within both project areas.  The applicant intends to directly plant individual sprigs of the vegetation throughout the proposed dredge area. Lastly, the applicant seeks to temporarily deploy a maximum of 2,690 herbivore exclusion cages over the proposed plantings in order to prevent grazing on the plantings until the vegetation is established and self-sustaining. The applicant anticipates that approximately 0.129 acre of the work area would be covered under the exclusion cages at any one time. The applicant estimates that an individual cage would need to remain in a single place for approximately 12 months prior to its relocation.  The proposed dredging depths are limited to only that necessary to remove the muck layer down to natural, native mineralized sediments.  The project is more particularly described on the attached project drawings.

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:  In order to avoid impacts to any established aquatic resources within the work area, the applicant proposes to utilize precision vacuum dredge equipment.  The applicant proposes to use a diver-controlled, handheld suction dredge when working in the vicinity of desirable submerged aquatic vegetation to ensure that the proposed work would not impact any existing communities of native submerged aquatic vegetation.  Furthermore, the applicant proposes to utilize upland disposal for the dredge spoil, and to use a self-contained disposal cell while dredge work is ongoing. Also, the applicant proposes to deploy turbidity barriers and employ proper erosion control measures during all stages of the proposed work.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

On April 2, 2021, the applicant performed benthic transect surveys of the proposed dredge area.  The surveys revealed that the proposed project would occur within areas of minimal SAVs. Benthic conditions primarily consist of loose unconsolidated sediments or algal detrital mats. Areas containing native SAV will be vacuumed in a manner that does not negatively impact them or avoided if no invasive algae is present at time of restoration. The work area and progress will be photographically documented both pre- and post-restoration.  Therefore, the proposed maintenance dredging would not impact any desirable communities of submerged aquatic vegetation. In addition, the applicant seeks to plant and establish native communities of submerged aquatic vegetation when the maintenance dredging is complete. In light of these facts, the applicant believes that compensatory mitigation is not warranted for the proposed project.

CULTURAL RESOURCES:  The Corps is evaluating the undertaking (Phase 2 & 3) 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 disposal site was evaluated under project SAJ-2016-00169. The site that has been used previously used for spoil disposal. The approximate center position of the disposal site is Latitude: 28.859757 and Longitude: -82.5521. The location of the spoil area is inland where very few archaeological sites have been identified in archaeological surveys in the region (see DHR Survey #s 7481 and 1466).  The only documented sites in this inland region are pre-contact sites (8CI0425, 8CI0426, and 8CI0923) adjacent to large wetlands.  Notably the disposal area is not adjacent to any large wetlands or other water sources.  These factors indicate there is little likelihood for the presence of archaeological sites on the property.  For the above reason, the Corps did not include the disposal site in the permit area.

ENDANGERED SPECIES: Species under National Marine Fisheries Service Protected Resources Division’s purview: U.S. Army Corps of Engineers Jacksonville District’s Programmatic Biological Opinion, NMFS, November 2017 (JAXBO):  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.  The Corps has determined that the proposed project falls within the scope of the JAXBO, and that JAXBO supports a determination that the proposed project is not likely to adversely affect these species.  The Corps will request concurrence with this determination with the NMFS pursuant to Section 7 of the Endangered Species Act by separate correspondence.

Species under U.S. Fish and Wildlife Service’s purview: Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of this Key resulted in the following sequential determination: A>B (7); may affect. The proposed project involves in-water work within a Warm Water Aggregation Area.  However, the project is a continuation of the previous Phase 1, project Phase 2 & 3 maintains the nature, scope, and conservation measures of Phase 1 project.  The evaluation of the project Phase 1 under Service Letter FWS Log No. 04EF1000-2020-I-1223 of 9 October 2020 concurred with the Corp’s “May affect, not likely to adversely affect” determination.  Therefore, the Corps has determined that the proposed work Corps “May affect, not likely to adversely affect” the manatees.  The Corps will request concurrence with this determination with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate correspondence.

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 25.9 acres of benthic area potentially utilized by various life stages of Penaeid shrimp complex; red drum; stone crab; spiny lobster; and/or the 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 Gulf of Mexico.  The applicant seeks to specifically target and remove a muck layer from the work area that does not support the lifecycle or foraging needs of the species referenced above. Furthermore, the applicant proposes to replant and reestablish the native, historic vegetation community at the project site. Thus, it is likely that the proposed project would have a beneficial effect on EFH and fisheries in the Gulf of Mexico.  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: The proposed activity is not located in the vicinity of a federal navigation 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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section by electronic mail to Edgar.W.Garcia@usace.army.mil with the project number, SAJ-2018-01690 in the subject line, within 21 days from the date of this notice. Comments can also be submitted in writing at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302.  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, Edgar W. Garcia by electronic mail at Edgar.W.Garcia@usace.army.mil, or by telephone at 813-769-7062, or in writing at the Tampa Permits Office at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610.

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 may be required from the Florida Department of Environmental Protection (FDEP).

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.