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:
APPLICANT: The District Community Development District
Attn: Mr. Craig Wrathell
2300 Glades Road, Suite 401 West
Boca Raton, Florida 33431
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 801 Broadcast Place in Section 44, Township 2 South, Range 26 East, Jacksonville, Duval County, Florida
Directions to the site are as follows: From Interstate-95 take Exit 353B and proceed east on US Highway 23 or Union Street. Proceed until the intersection of Main Street and turn right. Proceed onto the offramp onto US Highway 1 after crossing the St. Johns River. Proceed until the intersection of Prudential Drive and turn left. Proceed until the road dead ends at the project site.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.316837°
Longitude -81.647028°
PROJECT PURPOSE:
Basic: The basic project purpose is to create a marina.
Overall: The overall project purpose is to create a marina and associated general buildings that may include uses such as a restaurant, marina office and/or office for water sports/vessel rentals associated with mixed use development in downtown Jacksonville, Florida.
EXISTING CONDITIONS: The property has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS). The St. Johns River is a tidally influenced river that is classified as Steams and Waterways (FLUCFCS code 510). The adjacent uplands are classified as Undeveloped Land within Urban Areas (FLUCFCS code 191).
PROPOSED WORK: The applicant seeks authorization to construct a marina by installing new floating and fixed docks anchored to steel and concrete pilings to create a new marina facility that will accommodate 125 boat slips. A dock structure would allow access for the public and the City of Jacksonville Water Taxi. In addition, the applicant seeks to dredge to remove sediments to allow for proper flow from a new outfall structure and discharge fill material into an existing intake structure. It is important to note a previous public notice was issued for the proposed project on July 6, 2022. The applicant has revised the proposed project, as described in this public notice. A Department of the Army Permit has not been issued. The proposed activities are described below.
1) Dock A – Construction of a 21-foot-long by 10-foot-wide fixed access pier, 80-foot-long by 6-foot-wide gangway, 138-foot-long by 12-foot-wide floating access pier, two 45-foot-long by 5-foot-wide catwalks, a 45-foot-long by 8-foot-wide catwalk, 275-foot-long by 12-foot-wide terminal platform, 332-foot-long by 12-foot-wide terminal platform, a 11-foot-long by 10-foot-wide fixed access pier, 80-foot-long by 6-foot-wide gangway, 12-foot-long by 10-foot-wide floating gangway landing, and a 26-foot-long by 8-foot-wide utility platform. Dock A would provide 22 slips and has a total over water surface area of 11,371 square feet. Of the 22 slips, 6 of the slips are traditional berths with dividing finger piers, and are dedicated for 45-foot vessels. Fifteen of the 22 slips are side tie berths, where vessels where vessels will berth alongside the floating dock, the number of side tie slips was figures using 60-foot typical vessels and accounted for room between the vessels. The side-tie portion of Dock A is intended for day use and short-erm transient use by smaller vessels. The last slip is a 60-foot side tie slip at the west end of Dock A that will be dedicated for the City of Jacksonville Water Taxi.
2) Dock B – Construction of 87-foot-long by 10-foot-wide fixed access pier, 24-foot-long by 4-foot-wide gangway, 119-foot-long by 12-foot-wide floating access pier, two 55-foot-long by 6-foot-wide catwalks, two 65-foot-long by 7-foot-wide catwalks, 142-foot-long by 12-foot-wide terminal platform and a 15-foot-long by 5-foot-wide utility platform. Dock B would provide a total of 12 slips and has a total overwater surface area of 5,823 square feet. The slips range in size from 55 feet to 65 feet.
3) Dock C – Construction of a 33-foot-long by 10-foot-wide fixed access pier, 80-foot-long by 6-foot-wide gangway, 289-foot-long by 16.4-foot-wide floating access pier, four 50-foot-long by 5-foot-wide catwalks, two 40-foot-long by 5-foot-wide catwalk, and a 917-foot-long by 16.4-foot-wide floating wave attenuator and an 18’ x 20’ utility platform. Dock C would provide a total of 39 slips and has a total over water surface area of 22,045 square feet. Dock C features 12 traditional slips for typical vessels ranging in size from 20 feet to 50 feet. The shore parallel portion of Dock C features side tie docking for vessels of various size. There are 27 side tie berths available based on an average vessel of 60 feet and typical berth spacing.
4) Dock D – Construction of a 261 foot-long by 10-foot-wide access pier, six 45-foot-long by 5-foot-wide catwalks, and a 100-foot-long by 10-foot-wide terminal platform, and a 15-foot-long by 5-foot-wide utility platform. Dock D provides a total of 16 slips and has a total overwater surface area of 4,964 square feet. All 16 slips will be on boat lifts, for 45-foot vessels.
5) Dock E – Construction of a 216-foot-long by 10-foot-wide access pier, six 36-foot-long by 4-foot catwalks, and an 82-foot-long by 10-foot-wide terminal platform. Dock E provides a total of 16 slips and has a total overwater surface area of 3,159 square feet. All 16 slips will be on boat lifts, for 36-foot vessels.
6) Dock F – Construction of a 265-foot-long by 10-foot-wide access pier, four 40-foot-long by 4-foot-wide catwalks, four 36-foot-long by 4-foot-wide catwalks, 86-foot-long by 10-foot-wide terminal platform, and a 15-foot-long-by 5-foot-wide utility platform, 80-foot-long by 6-foot-wide gangway, and a 40-foot-long by 18-foot-wide kayak launch. Dock F would provide a total of 20 slips and has an overwater surface area of 3,906 square feet. All 20 slips will be on boat lifts, 10 of the slips will accommodate typically 36 foot vessels and 10 of the slips will accommodate 40 foot vessels.
7) Dock G – Construction of a 360-foot long by 10-foot wide fixed pier with a 40-foot long by 10-wide prefabricated aluminum bridge section to span over an existing utility easement. Dock G will run parallel so shore and will provide access to Docks D, E and F and does not provide any additional vessel slips. Dock G has a total over water surface area of 3,600 square feet.
8) Kayak Access- Construction of an ADA accessible ramp will be constructed on the east side of the project area. Most of the proposed ramp will be constructed landward of the Mean High Water Line. The ramp will provide access to the small natural beach on the JEA owned parcel (080096 0600). JEA has an easement with the Community Development District that allows for this construction. The ADA accessible ramp for the kayak launch will connect to previously permitted board walk (SJRWMD permit # 165883-4). The ramp will be constructed of either timber or aluminum and will be be 6 feet wide. At the top and bottom of the ramp a 8-foot by 20-foot platform will be constructed to allow for an accessible turnaround. An approximately 5-foot wide apron on FDOT#1 size river stone will be placed around the platform to tie into the existing adjacent grade. The river stone apron will also provide additional stability at the platform to shoreline interface. On the waterward side of the access ramp, a simple metal frame slide system will be mounted. The slide will allow suers to place their kayak within the metal frame, and slide it down to the beach grade, as opposed to carrying the kayak down the ramp. The accessible ramp, platform and river stone apron will occupy 99 square feet of area waterward of mean high water.
9) Dredging- The mechanical dredging of 905 cubic yards of material from an approximate 15,703 square foot area to a depth of -3.3 feet, adjacent to an existing bulkhead where a previously permitted (SJRWMD Permit #165883-2) outfall will penetrate the bulkhead. This dredging will allow the new outfall to flow properly. The dredged material will be dewatered on the upland property and then hauled off to a legal disposal site. The disposal site will be contained and no discharge of return water to the St. Johns River will occur.
10) Discharge of Fill Material -The applicant would discharge approximately 25,000 cubic yards of fill material into an existing intake structure to facilitate the construction of general buildings to include such uses as a restaurant, a marina office, and/or an office for water sports/vessel rentals. The existing depth of the intake structure is not known. Historic construction plans indicate a maximum dredge depth of -22 feet NAV88 within the intake structure. Furthermore, a 428-foot-long steel sheet pile bulkhead would be installed around the perimeter of the existing structure.
11) Concrete structures for demolition – The demolition of an existing concrete structure that extends approximately 150 feet into the St. Johns River. The work will be completed from barge over water. The debris will be hauled off site to a legal upland landfill.
An existing concrete fuel pier would be removed by cutting and lifting techniques. Structures that cannot be completely removed would be cut at the mudline and surveyed.
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 docks were minimized to be in compliance with the Duval County Manatee Protection Plan. A market study was completed, to determine the number of slips needed at the site. The fairways and slip widths were minimized to meet design guidelines and limit the waterward extent of the marina. The floating docks and vessels all have 1.5 ft of clearance over the riverbed at mean low water, to minimize chance of groundout during periods of low water.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“There is no known SAV or submerged historic resources that exist within the proposed limits of the project.”
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 proposed project may affect the West Indian manatee (Trichechus manatus) The Corps will request consultation from the U.S. Fish and Wildlife on this determination pursuant to Section 7 of the Endangered Species Act through formal consultations. The Corps has determined the proposed project may affect but is not likely to adversely affect the green sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta), hawksbill sea turtle (Eretmochelys imbricata), Kemp’s Ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus), smalltooth sawfish (Pristis pectinata), and shortnose sturgeon (Acipenser brevirostrum) with the implementation of Project Design Criteria’s as identified by the Jacksonville Biological Opinion. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act through informal consultations. The Corps has determined the proposed project would have no effect on the Wood Stork (Mycteria americana).
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 0.266 acres of the St. Johns River that could be 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 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 200 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 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, Tracy Sanders, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207, by electronic mail at Tracy.d.sanders@usace.army.mil or, by telephone at (904)705-2611.
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 certifying authority.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.