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:
APPLICANT:
Windward Amelia Marina Owner, LLC
Attention: Robert Finvarb
2999 Northeast 191st Street, Suite 800
Aventura, Florida 33180
WATERWAY AND LOCATION: The project would affect waters of the United States (open, tidal water) within Kingsley Creek. The project site is located at 251 Creekside
Drive, in Section 46, Township 2 North, Range 28 East, Fernandina Beach, Nassau County, Florida. The dredge disposal area is located on site within an upland spoil/tree island. The project site location consists of 92.33 acres.
Directions to the site are as follows: From Jacksonville, take 1-95 north. Exit east onto State Road A1A/200/2/South 8th Street. Just east of Kingsley Creek/lntracoastal Waterway, take a left on Creekside Drive, over the railroad tracks, and into the Amelia Island Marina.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.631799°
Longitude -81.477616°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide vessel access to navigable waters.
Overall: The overall project purpose is to provide and maintain vessel access to navigable waters from the existing Amelia Island Marina in Amelia Island, Nassau County, Florida.
EXISTING CONDITIONS: Land cover and vegetative communities occurring within the Project area were determined based on published GIS data and provided by the applicant. The land cover types and vegetative communities occurring within the Project area were then classified using the Florida Land Use, Cover and Forms Classification System (FLUCCS), 1999.
Commercial Marina Uplands – FLUCCS 184 (8.11 acres), Upland area upon which the marina facilities are located – roads, buildings, parking, stormwater and open space.
Marina Basin– FLUCCS 1841 (14.50 acres), Marina Basin and Access Channel – Artificially dredged marina basin and access channel constructed between 1943 and 1960. This area is open water with a bottom substrate of sand/silt/clays.
Saltwater Marsh – FLUCCS 642 (64.70 acres), A vast area of salt marsh predominated by Spartina spp. and Juncus spp.
Spoil Area – FLUCCS 743 (4.12 acres), Upland bermed spoil cell to service marina dredge activities.
Access Road – FLUCCS 814 (0.90 acre), Upland road to access the existing spoil cell.
PROPOSED WORK: The applicant seeks authorization for the following:
1. To conduct new dredging to remove a total of 35,000-cubic-yards from 3.36 acres waters of the United States (open, tidal water) from the channel. The proposed dredging would increase the channel depth to -6 below Mean Low Water (MLW). The dredging would occur by hydraulic dredge from a floating barge that will occupy less than half of the channel. A 12” dredge pipe will carry the dredged material to the onsite upland disposal area where it will be permanently disposed. The dredge pipe will temporarily impact approximately 0.046 acre of unvegetated, subaqueous bottom adjacent to the dredge area and then will transition to the uplands adjacent to the marina and along the upland access to the upland disposal area. The dredge pipe will not be positioned in tidal marsh. The pipe will be removed when the dredging is completed. The dredge material will be dewatered into geotubes that will be located within the upland disposal area. The geotubes will retain 95% or greater of the total suspended solids. This dewatering area is also bermed on all sides to retain water and allow percolation/evaporation within the spoil site. The dredge area will be contained within a floating turbidity barrier. The turbidity barrier would not be removed from a specific dredge area until the sediments within the floating turbidity curtained- contained area have settled.
2. To install 2,024 liner feet steel sheet pile bulkhead on the north side of the channel and 1,609 linear feet of steel sheet pile bulkhead on the south side of the channel. The proposed bulkhead will be constructed within waters of the United States (open, tidal water) on the edge of the existing entrance channel and the existing saltmarsh. The bulkhead will extend no more than 10 inches above substrate. The bulkhead would be installed prior to the proposed dredging.
The applicant conducted a hydrologic and sedimentation analysis to evaluate the effects of the proposed project. The applicant stated in the analysis “the proposed bulkheads will not affect the water levels or current speeds in the adjacent tidal marshes. This is consistent with the fact that the bulkhead follows the existing grades and is designed to retain the existing marsh sediments while not impeding tidal flows past the walls.” The applicant also stated in the analysis that the bulkheads will “serve as cutoff walls that retain sediments outside the channel and prevent side slope adjustment of the sediments into the channel. This will reduce construction dredging by about 2 cy per linear foot of bulkhead (about 7,300 cy total). Second, the bulkheads will reduce the area to be maintained by eliminating the side slope adjustment areas. This will reduce annual sedimentation rates by about 14% (306 cy/yr).” Additionally, the applicant stated in the analysis that the “project will not cause impaired flushing of the marina basin and entrance channel.”
3. To construct an 8’ wide X 1,902’ long floating dock on the north side of the channel that would connect with an existing floating dock section and the construction of an 8’ wide X 1,528’ long floating dock on the south side of the channel that would originate at a proposed 8’ X 43’ elevated fixed access pier leading to a proposed 6’ X 30’ aluminum gangway. The proposed dock would be constructed within waters of the United States (open, tidal water), would total 28,008 square feet in size and would provide 20 additional wet slips. The proposed project would increase the number of wet slips from 167 to 187.
Please note that the proposed activities are a modification to previously issued permit, SAJ-1984-04789, that remains valid until March 8, 2027.
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 project is located over open water and is not located in wetlands. This site was selected as it is adjacent to the existing marina, within an excavated channel and will provide reduced sedimentation rates into the existing channel. It is unlikely any new marinas would be permittable in the region. The currently proposed works are the least damaging marina expansion as it avoids any wetland impacts completely.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No mitigation should be required as there are no impact to wetlands.
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 activities may affect, but are not likely to adversely affect 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 re-initiation of consultation with the National Marine Fisheries Service and will request concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
b. The Corps has determined the proposed dredging and dock construction 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-H-I-J-L-N-O-P1 May affect, not likely to adversely affect for the dredging and docks.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.
c. The Corps has determined the proposed installation of the steel sheet pile bulkhead within waters of the U.S. and adjacent to salt marsh may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus). The Corps will initiate consultation with FWS.
d. Wood Stork (Mycteria americana): The project site is within the 13-mile United States Fish and Wildlife Service (FWS) North Florida core foraging area for the Pumpkin Hill, Cedar Point Road Wood Stork nesting colony. However, the site is a deep-water system that is not suitable foraging habitat for Wood Storks. In consideration of that information, the Corps evaluated potential effects to this species 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 > no effect, as the project would not affect suitable foraging habitat. The FWS previously indicated that they concur with determinations of not likely to adversely affect based on that key: and, that no additional consultation is required.
e. Eastern Indigo Snakes (Drymarchon corais couperi): The proposed work is connected to an upland area or is associated with an upland disposal area: therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequence A-B-C may affect, not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; 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 proposal would impact approximately 3.36 acres of intertidal and subtidal substrate and water column utilized by various life stages of summer flounder, spiny lobster, Atlantic butterfish, bluefish, snapper grouper, shrimp and clearnose skate. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Kingsley Creek. 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 activities are 250 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.
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 Drive, 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 Drive, Jacksonville, Florida 32202; 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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required.
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.