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:
APPLICANTS: City of Jacksonville
Attention: Robin Smith
214 North Hogan Street
Jacksonville, Florida 32202
City of Jacksonville Beach
Attention: Dennis Barron, Jr.
1640-A Shetter Avenue
Jacksonville Beach, Florida 32250
Windward Jacksonville Beach Owner, LLC
Attention: Stefan Johanssen
2999 191st Street, Suite 800
Aventura, Florida 33180
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Pablo Creek. The project site is located at Beaches Marine at 2nd Avenue North, in Section 32, Township 2 South, Range 29 East, Jacksonville Beach, Duval County, Florida.
Directions to the site are as follows: From downtown Jacksonville, take the Hart Bridge to the east and exit onto Beach Boulevard. Travel east and cross the Intracoastal Waterway/Pablo Creek. Take a left onto 20th Street North to reach the site.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.290137°
Longitude -81.413001°
PROJECT PURPOSE:
Basic: Safety improvements to existing road, infrastructure improvements related to existing public boat ramp facility, and housing/commercial development.
Overall: Safety improvements to an existing public road; infrastructure improvements related to an existing public boat ramp facility; and construction of multi-family residences and commercial space with associated infrastructure and water access in Jacksonville Beach, Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of a salt marsh system. The existing area surrounding the project area consists of a marina owned by Windward Marina with dry vessel storage and parking south of the boat basin, a restaurant on land owned by City of Jacksonville, two boat ramps owned by the City of Jacksonville, an existing road that accesses the boat ramp and a restaurant owned by City of Jacksonville, and parking for the restaurant and boat ramps owned by City of Jacksonville and City of Jacksonville Beach. A portion of the marina on the north side of the basin is owned by the City of Jacksonville Beach.
a. Soils: The Soil Survey of Duval County, Florida (U.S.D.A., Soil Conservation Service)
indicates the following soil types within the property:
i. Arents, nearly level (07). Under natural conditions the seasonal high water table
for this soil type varies from approximately 1.5 to 3.0 feet below the surface for
ten months (January through October) out of the year.
ii. Hurricane and Ridgewood soils, 0 to 5 percent slopes (24). Under natural
conditions the seasonal high water table for this soil type varies from
approximately 2.0 to 3.5 feet below the surface for ten months (January through
October) out of the year.
iii. Leon fine sand, 0 to 2 percent slopes (32). Under natural conditions the seasonal
high water table for this soil type varies from approximately 0.5 to 1.5 feet below
the surface for ten months (January through October) out of the year.
iv. Tisonia mucky peat, 0 to 1 percent slopes, very frequently flooded (68). Under
natural conditions the seasonal high water table for this soil type varies from
being approximately at the surface to 0.5 feet below the surface for twelve
months out of the year.
b. Vegetative Community Types: The 142.70-acre project area is characterized by six generalized vegetative communities per Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida Department of Transportation (FDOT), State Topographic
Bureau, Thematic Mapping Section, 1999)].
i. Public Boat Basin (FLUCFCS 185) – This area encompasses the parking area and
boat ramp on the property.
ii. Pine Flatwoods (FLUCFCS 411) – This community has a canopy of slash pine
(Pinus elliottii). The understory and groundcover are vegetated with yaupon
holly (Ilex vomitoria), bitter gallberry (I. glabra), saw palmetto (Serenoa repens) and
bracken fern (Pteridium aquilinum).
iii. Spoil Area (FLUCFCS 743) – This area is defined by the on-site spoil containment
area, used for maintenance dredging operations within the adjacent artificial boat
basin.
Transportation (Road) (FLUCFCS 814) – Encompassing the 2nd Avenue access
road and adjacent right of way.
iv. Estuaries (FLUCFCS 540) – This FLUCFCS type defines the open water portions
of the property. Some were created as Mosquito Control ditches.
v. Saltwater Marshes (FLUCFCS 642) - The communities included in this category
will be predominated by one or more of the following species: Cordgrasses,
Needlerush, Seashore Saltgrass, Saltwort, Glassworts, Fingerush, Salt Dropseed,
Seaside Daisy or Salt Jointgrass.
PROJECT HISTORY: The area of proposed parking and commercial development is a Dredge Material Management Area (DMMA) associated with maintenance dredging by the marina authorized by the Corps under SAJ-1985-00669 on September 23, 2020, expiring on September 23, 2025. The proposed work would result in a reduced DMMA size. The authorization allows maintenance dredging of 550-cubic-yards of sedimentation and placement of that material in the DMMA. The applicant has stated that the current DMMA capacity is 12,467-cubic-yards and that the proposed/reduced DMMA area has a capacity of approximately 5,317-cubic-yards. Therefore, the remaining DMMA would have the capacity to hold any remaining dredging.
PROPOSED WORK: The applicant seeks authorization for the following:
1. To discharge 18,880-cubic-yards of clean fill into 5.91 acres of waters of the United States (5.74 acres of salt marsh and 0.05-acre of open, tidal water) for creation of a new road realignment, new parking for the existing restaurant, boat ramp, marina, and City of Jacksonville trails (8 new spaces for the restaurant for a total of 65 standard car spaces, 33 new standard boat ramp parking spaces for a total of 50 standard spaces and 33 new trailered boat parking spaces for a total of 63 boat trailer parking spaces, 93 new standard parking spaces for a commercial building, and 5 new trail spaces), residential multi-family housing, multi-family parking, and four stormwater ponds. The proposed fill would include placement of 12-cubic-yards of fill into the 0.05-acre of waters of the United States (open, tidal water) for the placement of three 10-feet-wide by 5-feet-tall box culverts for construction of a culverted creek crossing. Of the total wetland fill acres, 4.59 acres would be associated with the roadway and required storm-water infrastructure, 0.16-acre are associated with additional parking at the boat ramp facility and 1.16 acres of fill are associated with multi-family residences. The new configuration of the roadway is approximately 0.5-mile, beginning just before the curve on 20th St. N. to the boat ramp. The road includes two 12-foot travel lanes, with 4-foot bike lanes and 4:1 side slopes to grade back to existing ground level.
2. To secondarily impact 4.40 acres of waters of the United States (salt marsh) as a result of the proposed fill for the road, parking, multi-family housing, and stormwater ponds.
3. To discharge (excavate) 1,266-cubic-yards of fill into 0.15-acre of waters of the United States (salt marsh) for temporary impacts to conduct wetland restoration. The restoration would include removal of the old 2nd Avenue roadway alignment, grading to the adjacent salt marsh contours, and planting of approximately 261 sand cordgrass (Spartina alterniflora) plugs, spaced approximately 5 feet apart.
The proposed work would include multi-family residential housing and parking for the multi-family housing in uplands, a commercial building in uplands that the commercial parking would support, and a stormwater pond in uplands that would not be under the jurisdiction of the Corps, but would be reviewed under the National Environmental Protection Act, Endangered Species Act, and the National Historic Preservation Act scopes of analysis.
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 purpose of the road realignment is to alleviate traffic and safety concerns. The existing causeway and bridge regularly flood with higher tides. Further, the existing bridge on 2nd Ave is nearing the end of its life and needs to be replaced. Instead of replacing it, the applicant is proposing to replace it with a new bridge. However, because there’s an existing restaurant and boat ramp that uses that bridge access the applicants propose to leave that bridge operational while a new bridge is built. Once the new bridge is open the other bridge will be dismantled and removed. The 90-degree curve at the intersection of 2nd Ave. N. and 20th St. N. is too narrow and too sharp of a turn for a vehicle with a boat trailer to use without going off the road or merging into oncoming traffic. Furthermore, the entrance of 2nd Ave. N. into the public boat ramp facility is often blocked by boats staging/loading/unloading onto the ramp creating a traffic bottleneck. Efforts have been made in planning the road realignment to eliminate and reduce development impacts to wetlands where possible. However, to obtain a suitable realignment to meet these project goals, the new road would need to be widened and relocated northward requiring wetland fill. In addition, pursuant to the current guidelines of SJRWMD, much of the upland pockets will need to be used for stormwater treatment ponds. Several vehicle configurations were evaluated when determining the necessary turning radius, including a standard semi-trailer, a single unit truck and a 40-foot boat trailer with 30-foot tow vehicle. It was found that a 2-lane, urban roadway section with 4-foot bikes lanes would be inadequate, and the path of the sample vehicles would track outside of the travel lanes, creating an unsafe situation. Additional area needed to be added to ensure vehicles would not track into oncoming vehicle traffic or off the road. Also, all prudent and necessary steps will be taken during construction, and for the duration of the project, to ensure that no adverse impacts to
water quality will occur. This may include, but is not limited to, siltation curtains, hay bales and floating turbidity screens as necessary. All newly exposed surfaces will be seeded or sodded as soon as practicable. ”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To offset the impacts to salt marsh wetland impacts, the applicant proposes to
purchase salt marsh Uniform Mitigation Assessment Method credits from North Florida Salt Marsh Mitigation Bank.”
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:
a. The Corps has determined the proposed project may affect the West Indian Manatee (Trichechus manatus). The work proposed would result in the fill of 5.74 acres of salt marsh habitat as well as 0.05-acre of surface water. Additionally, the proposed work would have 4.02-acre of secondary impacts. Use of the United States Fish and Wildlife Service’s (USFWS) Manatee Key Florida, April 2013 resulted in the sequence A > B > C > G > H > I > J > K > may affect as there are 33 additional trailered parking spaces for a total of 63 trailered parking spaces associated with the boat ramp/marina/boat trailer parking and the Florida Fish and Wildlife Conservation Commission (FWC) has not yet reviewed the project to determine that the project is consistent with the Duval County State-approved Manatee Protection Plan. Additionally, the project impacts to emergent vegetation may adversely affect the manatee. The applicant would follow the Standard Manatee Conditions for In-Water Work. The Corps will request initiation of informal consultation with the United States Fish and Wildlife Service USFWS pursuant to Section 7 of the Endangered Species Act by separate letter.
b. The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana). The project site is within the 13-mile United States Fish and Wildlife Service (USFWS) North Florida core foraging area for a Wood Stork nesting colony. The Corps evaluated potential effects to Wood Stork using 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. Use of this key resulted in the sequential determination A > B > C > D > E > not likely to adversely affect, as the project would affect more than 0.5 acres of suitable foraging habitat, but would provide appropriate mitigation. The USFWS previously indicated that they concur with determinations of not likely to adversely affect based on that key; and, that no additional consultation is required. However, this effect determination will be included in the consultation letter for the West Indian manatee in case USFWS has any comments and/or concerns.
c. The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi). The Corps utilized the Eastern Indigo Snake Programmatic Effect Determination Key January 25, 2010, addendum August 13, 2013, which resulted in the sequence A > B > C > not likely to adversely affect as there are no gopher tortoise burrows, holes, cavities or other refugia where a snake could be buried or trapped or injured during project activities. The USFWS previously indicated that they concur with determinations of not likely to adversely affect based on that key; and, that no additional consultation is required. However, this effect determination will be included in the consultation letter for the West Indian manatee in case USFWS has any comments and/or concerns.
d. The Corps has determined the proposal may affect, but it not likely to adversely affect the Shortnose sturgeon (Acipenser brevirostrum), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), smalltooth sawfish (Pristis pectinata), green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), and loggerhead sea turtle (Caretta caretta). The Corps evaluated the proposed work utilizing National Marine Fisheries Service (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 of the PDCs were met. The A6.1.2. as the existing boat ramps would include addition of 33 new trailered boat parking spaces for a total of 63 trailered boat parking spaces. The JAXBO only allows 50 trailered boat parking spaces; however, the Corps has determined the effects of the proposed action are substantially similar to the effects analyzed in JaxBO. Therefore, the Corps will request review under the supersede process with the National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act by separate letter.
e. The Corps has determined the proposal may affect, but is not likely to adversely affect the Eastern Black rail (Laterallus jamaicensis ssp. Jamaicensis. Therefore, the Corps determined the proposed work would have no impact on this species. This effect determination will be included in the consultation letter for the West Indian manatee in case USFWS has any comments and/or concerns.
f. The Corps has determined the proposal may affect, but is not likely to adversely affect the Tricolored bat (Perimyotis subflavus). This effect determination will be included in the consultation letter for the West Indian manatee in case USFWS has any comments and/or concerns.
g. On December 12, 2022, the Corps executed a RAR report. The RAR indicated that the Information for Planning and Consultation (IPAC) species that are found within Duval County could include the Red knot (Calidris canutus rufa), Frosted Flatwoods salamander (Ambystoma cingulatum), Red-cockaded woodpecker (Picoides borealis), Florida scrub-jay (Aphelocoma coerulescens), and Piping Plover (Charadrius melodus). These species’ ranges do not include this area or habitat to support these species is not found on site. Therefore, routes to effects for these species were not reviewed. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any federally listed threatened or endangered species, other than those mentioned above. 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 federally listed, threatened, or endangered species, other than those mentioned above.
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 5.91 acres of salt marsh and 0.05-acre of open water, with an additional 4.02 acres secondary impacts to salt marsh utilized by various life stages of windowpane flounder, clearnose skate, shrimp, snapper/grouper, and spiny lobster. The work would result in 0.15-acre of restoration of salt marsh habitat. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf Atlantic Fisheries Management Council and South Atlantic Fisheries Management Council. 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 and 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 Jacksonville Permits Section, 701 San Marco Avenue, Jacksonville, Florida 32202 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 32202; 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 may be required from the State of Florida.
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.