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 USC § 1413) 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 St. Johns River and the Atlantic Ocean. The project site is located at 8500 Heckscher Drive in Section 00, Township 1 South, Range 28 East, Jacksonville, Duval County, Florida, and at the Jacksonville Ocean Dredged Material Sites (ODMDS).
Directions to the site are as follows: From Jacksonville Permits Section: Start out going north on I-95 to exit 358A and head east on Zoo Parkway. Continue east on Heckscher Drive until the Sisters Creek bridge, after which the facility is on the south side of the road.
APPROXIMATE CENTRAL COORDINATES: Latitude: 30.386459°
Longitude: -81.458714°
PROJECT PURPOSE: The purpose of the proposed project is to perform maintenance dredging and open ocean disposal of the dredged material at the Jacksonville Ocean Dredged Material Disposal Sites (ODMDS) or at the Bartram or Buck Island.
The proposed dredging between the 1k and 4k marine railways to prevent the rails from being covered by sediments. The adjacent areas are currently shallower than the 1k and 4k ton marine railways used to move ships on and off land for service due to sedimentation. The fine sediments continuously wash down over the rails, causing the need for constant maintenance dredging to keep the rails clear. These adjacent shallow zones between the two marine railways will be dredged to depths slightly below the rails to prevent the rails from being covered.
EXISTING CONDITIONS: The property encompasses generalized land use/cover types identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). The project site is within the St. Johns River, which is classified as Streams and Waterways (FLUCFCS code 510).
The proposed dredging will occur between the 1k and 4k marine railways to prevent the rails from being covered by sediments. The adjacent areas are currently shallower than the 1k and 4k ton marine railways used to move ships on and off land for service due to sedimentation. The fine sediments continuously wash down over the rails, causing the need for constant maintenance dredging to keep the rails clear. The area to be dredged is located between 0 feet and approximately 173 feet from the edge if the Jacksonville Harbor channel.
The area to be dredged is located within Dredge Unit 5 (DU 5), which 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.
The concurrence remains valid until June 16, 2025.
Jacksonville ODMDS: The Jacksonville ODMDS site is located 4.4. nautical miles (nmi) offshore and is 3.7 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 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 to deepen areas adjacent to and between the 1k and 4k ton marine railways at the existing BAE Systems Jacksonville Ship Repair facility. To achieve the depths necessary adjacent to the marine railways, approximately 55,000 cubic yards of sediments will be dredged from an approximate 8.9-acre area to a depth of -32 feet Mean Low Water. Dredging will occur by hydraulic cutter suction dredge, clamshell bucket dredge and diver-assisted hydraulic dredging. A new state sovereignty submerged lands easement will also be requested to maintain the depths in these areas. Dredged material will be disposed at the Jacksonville ODMDS with an EPA-approved Section 103 Authorization, and/or at Bartram or Buck Island through a JAXPORT contract.
Daily transport of the dredge material by scow and ocean-going tugboat will follow the shipping channels out of the river then directly south to the ODMDS, with the return trips following the same path.
One 30” to 36” hydraulic cutter suction dredge (300’ X 55’) and one idler barge (55’ X 250’) in tandem, and one clamshell bucket dredge (250’ X 55’). In addition, there will be diver-assisted hydraulic dredging.
Transport of the dredged material to the Jacksonville ODMDS would occur by 300’ X 55’ scow and ocean-going tugboat.
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 proposed dredge area is between permitted maintenance dredging areas and is designed to eliminate the accumulated sediments from falling into the marine railways, thus requiring constant maintenance. Golder Associates has conducted benthic assessments of the areas immediately adjacent to proposed dredging locations, and no benthic resources were identified. Sediment grabs as well as geotech borings
within the dredge areas have not revealed any benthic resources. The project area is in waters accessible to listed species such as the West Indian manatee, sea turtles, and smalltooth sawfish. During dredging, the contractor will comply with the National Marine Fisheries Service’s “Sea Turtle and Smalltooth Sawfish Construction Conditions” dated March 23, 2006 and the “Standard Manatee Conditions for In-Water Work -
– 2011.” In addition, a manatee watch plan will be implemented including a dedicated observer on the barge.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
No mitigation is being proposed.
The applicant has provided the following explanation why compensatory mitigation should not be required:
There will be no discharge of dredged material.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected. 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 dredging and ocean disposal may affect, but is no likely to adversely effect the Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus), Shortnose Sturgeon (Acipenser brevirostrum,), smalltooth sawfish (Pristis pectinata), 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), or its designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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, 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 Corps has determined the proposed dredging may affect the West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps will request initiation of informal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposal would have no effect on the Red-cockaded Woodpecker (Picoides borealis), or the Wood Stork (Mycteria americana) or designated critical habitat.
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 8.9 acres of subtidal riverine 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 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is between approximately 0 feet and 173 feet from the near bottom edge of the Jacksonville Harbor channel.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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 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.sanders@usace.army.mil or by telephone at (904)704-2611.
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.
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: Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).
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.