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: Mr. Skip Canfield
Palm Cove Marina
14603 Beach Boulevard
Jacksonville, Florida 32250
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Pablo Creek. The project site is located at the Palm Cove Marina at 14603 Beach Boulevard in Section 31, Township 2S, Range 29 East, Jacksonville, Duval County, Florida 32250.
Directions to the site are as follows: Take 202/Butler East to San Pablo Road exit; Head north on San Pablo Road; Turn right/heading east onto Beach Blvd.; Palm Cove Marina is on the left at the base of Beach Blvd bridge.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.289117°
Longitude –81.433056°
PROJECT PURPOSE:
Basic: To stabilize the shoreline
Overall: To install a bulkhead, backfill, and riprap to stabilize the shoreline at the Palm Cove Marina.
EXISTING CONDITIONS: The approximate 6.49-acre project area 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 project site is an upland parcel with a shoreline that consists of vegetation and existing rip rap. The project site contains the following 4 community types as classified by the Florida Land Use, Cover and Forms Classification System (FLUCFCS): Commercial and Services (3.88 acres), Spoil Areas (1.17 acres), Saltwater Marshes (0.09 acre), Shorelines (0.08 acre), and Streams and Waterways (1.27 acres). The Commercial and Services community consists of an upland area that is used for boat trailer storage and another area that contains a restaurant with parking. The Spoil Area community consists of a containment area that is used to store dredge material from routine maintenance dredge activities of the Palm Cove Marina. The Saltwater Marshes community consists of baccharis (Baccharis halimifolia), saltwort (Batis maritima), and Seashore saltgrass (Distichlis spicata). The Shorelines community consists of existing bulkhead and riprap areas that have degraded over time. The Streams and Waterways community consists of the open waters of Pablo Creek. The parcel is bordered to the south by Beach Boulevard, to the east by commercial development, to the north by Pablo Creek, and to the west by salt marsh and open water.
PROPOSED WORK: The applicant seeks authorization to construct 797-linear feet of bulkhead and the discharge of 530.38-cubic yards of clean fill material into 0.16-acre of waters of the United States (0.13-acre of salt marsh and existing riprap areas and 0.03-acre of open, tidal water) for shoreline stabilization. The proposed bulkhead and backfill would be placed between approximately 6 feet and 17 feet waterward of the Mean High Water Line/High Tide Line.
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:
Impacts to wetlands and surface waters have been minimized and avoided to the greatest extent practicable. The project was revised to remove proposed riprap at the toe of the bulkhead to further minimize and avoid impacts to the water resource.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing to purchase 0.08 UMAM credits from North Florida Saltmarsh 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 proposal may 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 proposed work does not meet the shoreline stabilization PDCs regarding the length of the proposed bulkhead and the distance from shoreline for the proposed bulkhead and rip rap. Therefore, the Corps will request initiation of informal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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-H-I-J-L-N-O-P4 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.
c. The Corps has determined the proposed project is not likely to adversely affect the Wood Stork (Mycteria americana). The project site is within the core foraging area of a colony. The work proposed would affect suitable foraging habitat (SFH). In consideration of this information, the Corps utilized 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, to determine potential effects upon this species. Upon Corps receipt of a general concurrence issued by the JAFL through the Programmatic Concurrence on this key, determinations of projects made pursuant to this key require no further consultation with JAFL. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect. 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 Wood Storks; and, that no additional consultation is necessary.
d. 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
evaluated potential impacts to the eastern indigo snake using the Eastern Indigo Snake
Programmatic Determination Key 2013. Use of this key resulted in the sequential
determination A > B > C > Not Likely to Adversely Affect due to the project area having no gopher tortoises, no burrows, holes, cavities, or other refugia where a snake could be buried or trapped, and due to the permit verification being conditioned for the use of the USFWS’s Standard Protection Measures For The Eastern Indigo Snake during site
preparation and project implementation. In consideration of the key sequence,
additional coordination with the USFWS is not required. 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.
e. The Corps has determined the proposal would have no effect on the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis).
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 0.13-acre of salt marsh and 0.03-acre of open water utilized by various life stages of clearnose skate, shrimp, snapper-grouper, windowpane flounder, and spiny lobster. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Florida. 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 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 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) 232-1171.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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 St. Johns River Water Management District.
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.