SAJ-2014-00700 (SP-CPC)

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) 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 Orange Lake, an Outstanding Florida Water (OFW).  The project site is located at Heagy-Burry Park, 5040 NW 191^st Place, in Section 21, Township 12 South, Range 21 East, Reddick, FL 32681.

Directions to the site are as follows:  Take I-75 to exit 368 toward Orange Lake. From exit, take West Highway 318 east for 2.1 miles and tum north onto US 441. Continue north on US 441 for approximately 1.3 miles and turn right onto NW 191^st Place. Continue on NW 191^st Place for 0.7 miles and arrive at Heagy­Burry Park.

PROJECT PURPOSE: Basic:  Public Recreation Improvements

Overall:  The project proposes to install a retaining wall, construct two (2) floating dock structures, remove the existing boat ramp, and construct a new boat ramp in order to improve public access at Heagy-Burry Park.

EXISTING CONDITIONS:  Heagy-Burry Park consists of a single-lane concrete boat ramp with 46.2’ by 8.7’ floating dock (625 square feet (sf)) and approximately 35 dirt parking spaces. The freshwater system currently is herbaceous wetlands and surface waters. The onsite vegetation consists of freshwater marsh vegetation including, alligator weed, alligator flag and broadleaf arrowhead. The existing area surrounding the project area consists of recreational land use associated with the park and boat ramp. This area is primarily composed of maintained St. Augustine grass and paved areas.

PROPOSED WORK:  The applicant seeks authorization for the removal of an existing boat ramp and 625 square feet (sf) of existing dock. The applicant will construct a new boat ramp, retaining wall, associated floating docks and boat ramp parking.

• A 32-foot by 126-foot concrete boat ramp will be constructed using construction equipment with all work occurring from land, dredging a total of 1,026 cy of material, consisting of 21 cy dredged below Ordinary High-Water Line (OHWL). Excavated material will be used to fill old boat ramp if it is considered suitable and the remaining will be transported to an upland disposal site.

• Approximately 100 cy of rip rap will be placed on both sides of the OHWL with only 15 cy below OHWL.

• Construction of a 3.5-foot by 10.8-foot access ramp to an 8 foot by 30-foot floating dock with an 8.4-foot by 74.4-foot floating dock extension as well as a 3.5-foot by 18.4-foot access ramp to an 8 foot by the 75.3-foot floating dock will be on either side of the ramp. A total of twenty-five (25) 6” wood pilings, spaced 10’ apart will be used to anchor to docks.

• Upland activities include a 210’ upland retaining wall associated with the removal of the existing concrete boat ramp, requiring 181 cubic yards (cy) of fill to return previously excavated land to current elevation. Project will also create paved parking to include, 17 passenger parking spaces and 14 boat trailer parking spaces with a future expansion planned to add another 23 boat trailer parking spaces.

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: Impacts to wetlands and surface waters as a result of this project have been minimized to the extent practicable by limiting the size of the new boat ramp, utilizing floating finger piers without driven piles, and by designing the retaining wall to be in uplands, outside of the wetland boundary and landward of Orange Lake’s OHWL. These design features have limited wetland impacts to 0.06 acre and given the minimal scope of these impacts. Turbidity curtains will be employed around the work area during the dredging and filing activities. 

COMPENSATORY MITIGATION – The applicant has not proposed any mitigation because impacts will be less than 0.10 acres.

CULTURAL RESOURCES: 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.

ENDANGERED SPECIES: The Corps has determined the proposal would have no effect on the Bluetail mole skink, Sand skink or any listed threatened or endangered species or designated critical habitat. The proposed project area does not provide access for the West Indian Manatee, thus resulting in a “no effect”. 

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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Ocean.  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 public boat ramp improvements are 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 Jacksonville Permits Section, 701 San Marco Blvd, Jacksonville, Fl 32207 within 21 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, Carissa Curlee, in writing at the Tampa Permits Section, 10117 Princess Palm Ave, Tampa, FL 33610; by electronic mail at carissa.p.curlee@usace.army.mil; by telephone at (813) 769 7076. 

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.  

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) and/or one of the State Water Management Districts (SWMD).

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.