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: Crystal Cove Holdings, LLC.
c/o Mr. Dave McDaniel
300 Killarney Drive
Winter Park, Florida 32789
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 121 Crystal Cove Drive (Putnam County Property Appraiser Parcel Identification Number 37-09-26-0000-0060-0080 and 37-09-26-0000-0060-0110), in Section 37, Township 9 South, Range 26 East, Palatka, Putnam County, Florida.
Directions to the site are as follows: From downtown Jacksonville, take I-95 South to FL-207 South (exit 311 St. Augustine Beach). Continue on FL-207 South for 19 miles, then turn right onto Highway (HWY)17 N. Take HWY 17 N for 5.3 miles and turn right onto Comfort Road. Take Comfort Road for 0.2 miles and it turns into Crystal Cove Drive continue for 0.2 miles and the site will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.677658°
Longitude -81.652070°
PROJECT PURPOSE:
Basic: The purpose of the project is for commercial marina improvements.
Overall: The overall project purpose is to expand an existing commercial marina within the St. Johns River and located at 121 Crystal Cove Drive, Palatka, Putnam County, Florida.
EXISTING CONDITIONS:
Existing Conditions:
The subject property is an existing marina and recreational vehicle (RV) resort. The marina offers permanent rental slips for liveaboards and temporary mooring slips. The marina currently has a 55-slip docking facility, with 45 permanent slips and 10 transient slips, as well as a boat ramp, and kayak launch which are used for the mooring of recreational vessels in conjunction with the upland marina. The marina has a fueling facility and sewage pump-out. The uplands include short-term and long-term RV sites, a bar, and a restaurant. The Crystal Cove Marina participates in the Florida Department of Environmental Protection (FDEP) Clean Marina Program which addresses waste management, storm water control, spill prevention, and emergency preparedness.
The specific project site is located within a riverine tidal system known as the St. Johns River. There is emergent vegetation along the shoreline.
Project History (previous permits):
The project site is associated with prior Corps Individual Permit authorization SAJ-1986-00573 dated 17 June 1986 to construct a dock 410 feet long with 13 finger piers. To construct a boat ramp 40 feet long by 50 feet wide, with two 20-foot-long piers on either side and one 50-foot-long catwalk in the middle of the ramp. Also, to dredge an access channel 50-feet long by 100-feet wide. The dredged material is to be placed on the upland. The work is for a commercial marina.
The project site is associated with prior Corps Individual Permit authorization SAJ-1993-01360 dated July 27, 1994, for the construction of a 200 linear feet of rip rap revetment.
The project site is associated with prior Corps Nationwide Permit-3 Maintenance authorization under SAJ-2001-02995 dated 1 June 2001 to replace the existing gas dock at the Crystal Cove Marina. The proposed project involves removing the existing deteriorated structural pier and replacing it with a float pier measuring 8-feet, 7-inches wide and totaling 66-feet long with a 33-foot-long "L" platform and two mooring pilings on the waterward end. The pier will held in place with pilings.
State Permit History:
On November 1, 1994, the FDEP issued an environmental resource individual permit 542345412 for the construction of a vertical bulkhead along 200 feet of shoreline and to place rip rap revetment at the toe of the bulkhead, the State Programmatic General Permit (SPGP) was not granted.
On May 11, 2001, the FDEP issued an environmental resource general permit 54-0180417-001-EG, for the construction of a piling supported structure less than 1,000 square feet, the SPGP was not granted.
On July 2, 2018, the FDEP issued an environmental resource individual permit 54-018017-002-EI to modify an existing permitted commercial marina to change the location and orientation of the main marina access pier, totaling 1,450 sq ft, and to change the location and orientation of the side access pier and catwalks associated with 10 existing temporary open mooring slips, totaling 3,935 sq ft. The SPGP was granted.
The marina has a Sovereign Submerged Lands Lease under Board of Trustees (BOT) number 54121242.
Vegetative Community Types: Putnam County Parcel Identification Number 37-09-26-0000-0060-0080 is a developed marina, and Putnam County Parcel Identification Number 37-09-26-0000-0060-0110 is an undeveloped parcel. The site encompasses generalized land use and vegetative communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) developed by the Florida Department of Transportation.
Upland Communities:
Marina’s and Fish Camps (FLUCFCS 1840) approximately 10.07 acres - This includes recreational areas whose physical structure indicates that active user-oriented recreation is or could be occurring within the given physical area. This category would include golf courses, parks, swimming beaches and shores, marinas, fairgrounds, etc.
Wetland Communities:
Mixed Wetland Hardwoods (FLUCFCS 6170) approximately 177.66 acres – This includes a canopy that is dominated by laurel oak and red maple The subdominant tree species include swamp bay black gum, cypress, and water oak. Sparse wax myrtle and buttonbush dominate the shrub layer. The groundcover is dominated by chainfern and lizardtail with sparse sawgrass and rush. This habitat exhibits a natural species composition and structure, strong hydrologic indicators of restored hydrology, with hydric soils present.
Streams and Waterways (FLUCFCS 5100) approximately 1.13 acres – This includes the St. Johns River which forms the eastern boundary of the site. Various areas along the St. Johns River support submerged aquatic vegetation and emergent vegetation.
PROPOSED WORK:
To expand the existing marina that has 45 permanent slips and 10 transient slips by extending the finger docks on both sides of the boat ramp for an additional 56 permanent slips and 52 transient slips. With the proposed additions, the marina would have a total of 101 permanent slips and 62 transient slips for an overall total of 163 slips.
The north dock proposed expansions will include: 1) the existing 8.42-foot by 52.17-foot floating dock would be expanded by 100 feet for an overall total measurement of 8.42 feet by 152.17 feet; 2) the seven existing catwalks on the south side of the existing main floating dock would be extended by adding a 5.42-foot by 10.83-foot extension so that each of the catwalks will be an overall total of 5.42 feet by 33 feet long; 3) construction of seven 5.42-foot by 32-foot catwalks on the north side of the existing walkway; 4) extending the existing floating dock by adding a 8.42-foot by 106.83 foot floating dock that will have 4 catwalks that are 5.42-feet by 33-foot catwalks; 5) the proposed new floating dock extension will lead to an 8.42-foot by 289-foot floating dock; 6) which will lead to a 8.42-foot by 280-foot floating dock with six catwalks that will be 5.42-feet by 32-feet; 7) two 2-foot diameter mooring pilings will be located between each existing/proposed catwalk for mooring for an overall of 60 mooring pilings.
The south dock proposed expansions will include 1) the existing 11.42-foot by 94.33-foot floating dock would be expanded by 250 feet for an overall total of 11.42 feet by 344.33 feet; 2) the six existing catwalks located on the north and south of the main floating dock will be extended by adding 5.42-feet by 9.92-foot so that each of the catwalks will be an overall total of 5.42 feet by 32 feet; 3) the main floating dock will be expanded by adding 11.42 feet by 138.75 foot middle section; 4) six 5.42-foot by 32-foot catwalks will be added to the middle section; 5) a 11.42-foot by 101.42-foot floating dock will be added; 6) the last section of the main floating dock addition would be 11.42-foot by 96-foot; 7) four 5.42-foot by 32-foot catwalks will be added to the last section; 8) The floating dock will terminate with a 11.42 by 101.42 floating pier; 9) two 2-foot diameter mooring pilings will be located between each existing/proposed catwalk for mooring for an overall total of 40 mooring pilings.
Remove existing damaged small dock located on the north side of the existing northern finger dock and replace with a proposed kayak launch. The kayak launch will consist of a 10-foot by 60-foot access pier, a 10-foot by 10-foot hinged ramp leading to a 10-foot by 20-foot floating dock. No additional permanent mooring is proposed.
In addition, on the southern portion of the marina parcel the applicant proposes to add 10-foot by 1,172 linear feet of boardwalks through the mixed wetland hardwoods where it would connect to the existing bulkhead located on the marina parcel . The construction of these elevated structures would not affect navigable waters of the United States and do not propose a discharge of dredged or fill material into waters of the United States.
The boardwalk will terminate into a dock that will include 8 permanent slips and 5 transient slips for an overall total of 13 slips. The dock will include a 10-foot by 107.17-foot access pier, a 10-foot by 10-foot hinged ramp leading to the floating dock that would be 11.42-feet wide and 88.88 feet long with a total of four catwalks that would be 5.42 feet by 32 feet, a total of 8 pilings will be added within the boat slip area. The dock will terminate in a 11.42-foot by 111.42-foot floating dock.
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:
Due to the nature of the work (constructing a dock), the applicant could not avoid working within waters of the United States. Although the effects of the proposed floating dock addition would be permanent in the location of the proposed work, the effects are expected to be negligible because the applicant would implement best management practices to minimize secondary impacts. The proposed docking addition would not affect submerged or emergent aquatic vegetation as none is present at the proposed location. The applicant is not proposing any fill of wetlands or surface waters. No mitigation is proposed because the project would not result in the loss of aquatic resources.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant is not proposing wetland mitigation because they are not proposing any dredge or fill of wetlands or surface waters.
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 may affect not likely to adversely affect the smalltooth sawfish (Pristis pectinate), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and shortnose sturgeon (Acipenser brevirostrum) or its designated critical habitat. The Corps will request initiation of consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
West Indian manatee (Trichechus manatus): Since the proposal by the applicant is for in-water construction, potential impacts to the 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. Use of this key resulted in the sequential determination A-B-C-D-G-H-I-J-L-N-O-P1 – May affect, not likely to adversely affect. This determination is based on the applicant adhering to the Standard Manatee Conditions for In-Water Work, 2011. The FWS previously indicated that they concur with determinations of May affect, not likely to adversely affect based on the key for manatees; and, that no additional consultation is necessary.
Wood Stork (Mycteria americana): The project site is approximately 25.9 miles from the St. Augustine Alligator Farm Wood Stork Colony, therefore, the Corps evaluated potential effects to this species. The work proposed would not affect suitable foraging habitat (SFH). 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. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of no effect affect based on the key for Wood Storks; and, that no additional consultation is necessary.
Eastern indigo snake (Drymarchon corais couperi): The proposed work is connected to an upland area; therefore, potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequential determination A-no effect. The FWS previously indicated that they concur with determinations of no effect, based on the key for the eastern indigo snake; and, that no additional consultation is necessary.
Red-cockaded Woodpecker (Picoides borealis): The project site is within a consultation area identified by the Corps and the FWS for the Red-cockaded Woodpecker (Picoides borealis). Therefore, this species may utilize the project site. Habitat for Red-cockaded Woodpecker typically incorporates mature pine woodlands (not wetlands); 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. It is likely that this species only opportunistically forages at the site. Therefore, the Corps concludes that the project would have no effect on this 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 0.48 acres of open water (unvegetated substrate) utilized by various life stages of bluefish, shrimp, snapper group, flounder, and various shark 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: The proposed structure 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 Jackonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232 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, Janice Price, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232, by electronic mail at Janice.R.Price@usace.army.mil, by facsimile transmission at (904)232-1904; or, by telephone at (904)570-4542.
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). The project is being reviewed under FDEP application no. 54-0180417-003-EI.
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.-