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) and Section 103 of the Marine Protection, Research and Sanctuaries Act (33 U.S.C. §1411) as described below:
APPLICANT: Mr. Tim Spratto
BAE Systems Jacksonville Ship Repair LLC
8500 Heckscher Drive
Jacksonville, Florida 32226
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Atlantic Ocean. The dredge disposal site is the Jacksonville Ocean Dredged Material Disposal Sites (ODMDS)
APPROXIMATE CENTRAL COORDINATES: Latitude 30.321483°
Longitude -81.29565°
PROJECT PURPOSE: To dispose of the dredged material at the Jacksonville Ocean Dredged Material Disposal Sites (ODMDS). The proposed ocean disposal option would allow BAESJR to maintain the required depths at their facility when upland disposal options are not available.
EXISTING CONDITIONS: The maintenance dredging of approximately 82,000 cubic yards of material annually was previously authorized by Department of the Army (DA) Permit SAJ-1994-00982 issued on March 30, 2016, and further modified on May 22, 2018, and October 10, 2018. The permit included disposal of the dredged material in an authorized upland disposal facility. The portions of the maintenance dredging along Sisters Creek, are within Dredge Units (DU) 3 and 5 have undergone sediment testing and evaluation by the Corps wherein the material was determined to be suitable for disposal at the Jacksonville ODMDS. The ocean disposal of the dredged material from DU 3 and DU 5 has Marine Protection, Research and Sanctuaries Act
(MPRSA) Section 103 concurrence by the EPA, which remains valid until June 16, 2025. The June 16, 2025, MPRSA EPA concurrence letter states the following:
This concurrence applies to project segments defined as Maintenance Dredging Areas from the BAE Jacksonville Ship Repair, DU 3 and 5. The volume of dredged material for the next three years is not expected to exceed 90,000 cubic yards (CY). Project depth throughout DU 3 and 5 varies from -16 ft to -32 ft Mean Lower Water (MLW), plus 2 ft. of overdepth in all areas. Dredging operations will use both a hydraulic cutterhead dredge and a mechanical dredge. The proposed dredged material from DU 3 met the Exclusion Criteria as defined in 40 CFR §227.13(b)(1). The dredged material from DU 5 did not meet the Exclusion Criteria and was subject to Tier 3 testing. The data from the Tier 3 testing demonstrates that DU 5 meets the ODC.
Our concurrence on the disposal of this material is expressly contingent upon compliance with all specifications and conditions of the Jacksonville ODMDS Site Management and Monitoring Plan (SMMP). Water and material shall not overflow or leak excessively (i.e., no more than 1.5 feet of draft loss) while in route to the ODMDS. Disposal shall be completed prior to leaving the ODMDS boundaries as indicated by hull status showing that the hopper doors are closed. Disposal of dredged material must not result in exceeding the depth restriction of -25 feet MLLW within the ODMDS. Based on requirements described in the SMMP and the nature of this material, it is likely that Disposal Zone C1 or C2 will be the appropriate location for disposal within the ODMDS
However, a Department of the Army permit for the disposal of the material to the Jacksonville ODMDS has not been issued.
Additionally, the portion of the dredging authorized by DA Permit SAJ-1994-00982 issued on March 30, 2016, and further modified on May 22, 2018, and October 10, 2018, that is located on the St. Johns River is within DU 4. Disposal of the dredged material from DU 4 to the Jacksonville ODMDS does not have EPA concurrence.
CONCURRENCY: The Corps has determined that based on the analysis of the dredge materials from DU 4, as required, the dredge material is acceptable for ocean disposal. This determination is based on analysis of sediments collected following the “Green Book” methodologies. The Corps will submit to EPA a 103 Evaluation Report and a request for concurrence that the dredged materials from DU 4 are suitable for disposal at the Jacksonville Ocean Dredged Material Disposal Site ODMDS. A Department of the Army authorization for the ocean disposal of the dredged material from DU 4 will not be provided until EPA concurrence is obtained.
Jacksonville ODMDS: The Jacksonville ODMDS site is located 4.4. nautical miles (nmi) offshore and is 3.7 nautical miles (nmi) long on the west side and 2.7 nmi long on the east side. It is 1 nmi long on the north side and 1.3 1.3 nmi wide on the south side. In total it is 4.56 nmi2 in size. The site is centered at approximately centered at approximately 30ο 19.289'N latitude and 81ο 17.739’W longitude (NAD 83) or state plane coordinates 2176969.70 ft N and 562883.97 ft E (NAD83). Since 1952, the area now designated as the Jacksonville ODMDS and vicinity has been used for disposal of dredged material (e.g. sand, silt, clay, rock) primarily from the Jacksonville Harbor Navigation Project, Naval Station Mayport entrance channel, and Naval Station Mayport turning basin. The Jacksonville ODMDS received interim site designation status in 1977 and final designation in 1983. The Jacksonville ODMDS was expanded in 2015 and includes the area as described above.
PROPOSED WORK: The applicant seeks authorization for ocean disposal of 66,000 cubic yards of material annually to the Jacksonville ODMDS site in the Atlantic Ocean from Dredge Units (DU) 3, 4 and 5. The dredged material to be disposed of in the Jacksonville ODMDS is predominantly sand (70-90%) with the rest being fines (5-10% silt, 10-20% clay). The dredged material will be transported to the Jacksonville ODMDS by scow and ocean-going tugboat. The transport of dredge material will follow the shipping channel out of the St. Johns River then directly south to the ODMDS, with return trips following the same path. The proposed disposal of the dredged material at the Jacksonville ODMDS is a modification to the previously issued DA Permit, SAJ-1994-00982, that was issued on March 30, 2016, and further modified on May 22, 2018, and October 10, 2018. No changes to the authorized dredging are proposed.
AVOIDANCE AND MINIMIZATION: The applicant has provided the
following information in support of efforts to avoid and/or minimize impacts to the
aquatic environment:
“The avoidance and minimization of negative environmental impact is accomplished by restricting the dredge footprint to areas previously dredged in which there are no
benthic resources. In addition, transport to the Jacksonville ODMDS will incorporate all necessary BMPs included in the existing permit and those required by the EPA in the Section 103 concurrence letters.”
COMPENSATORY MITIGATION: No mitigation is being proposed as the activity involves the transport and disposal of dredged material at the Jacksonville ODMDS.
CULTURAL RESOURCES: The area now designated as the Jacksonville ODMDS has been used as an ocean disposal location since 1952. With regard to the Jacksonville ODMDS expansion section, as stated in Federal Register Notice 80 FR 61757 pages 6157-61765, “A submerged cultural resource survey of the area including the use of magnetometer, side scan sonar, and sub-bottom profiler was conducted in 2011. A follow-up archaeological diver investigation was conducted in 2012. No historic properties were found within the expanded ODMDS boundaries and SHPO concurred with the determination that designated the expanded ODMDS would have no effect on cultural resource listed, or eligible for listing on the NRHP.”
ENDANGERED SPECIES:
a) The Corps has determined the proposed transport of the dredged material to the Jacksonville ODMDS and the disposal of the dredged material at the Jacksonville ODMDS may affect, but is not likely to adversely affect Atlantic and shortnose sturgeon, Green Sea Turtle, Hawksbill, Kemp’s Ridley, Leatherback, Loggerhead, North Atlantic right whale, blue whale, fin whale, Sei whale and sperm whale. The transportation and the disposal will have no effect on the North Atlantic right whale critical habitat.
The proposed transportation and disposal are subject to the 2020 South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States (2020 SARBO) requirements.
b) The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus). The project site is within an area accessible to manatees; therefore, this species may be present at the project site. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, to determine potential effects upon this species. Use of this key resulted in the sequential determination A-B-C-G-N-O-P5 – May affect, not likely to adversely affect for the multi-family dock. The U.S. Fish and Wildlife Service (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.
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 proposed transportation of the dredged material would have no significant adverse effect on EFH.
The proposed disposal will occur at the Jacksonville ODMDS, which impacts 4.56 square nautical miles with an approximate depth of 56 feet. The Jacksonville ODMDS has been designated by the Administrator of the EPA pursuant to Section 102 of the Marine Protection, Research, and Sanctuaries Act as an ODMDS. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the water column and substrate. 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 activities 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 Boulevard, Jacksonville, Florida 32207 within 15 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)232-1171.
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.
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.