SAJ-1992-01854 (SP-TDS)

 

 

CHANNEL AND DREDGING AREAS:

 

Table 1-2 provides the main navigation proposed channel dredging depths per the identified stationing. The main navigation channel does not include any facilities, berthing areas, basins, or other miscellaneous areas outside of the main channel. Due to the variation in the State boundary line, the associated channel locations per State has been included to further identify the proper permitting boundary locations for the project.

                      Table 1-2: Main Navigation Channel Dredging Depths

Location	Stations	Width	Depth (MLLW)	State
Kings Bay & Upper Cumberland Sound	37+504 to 15+348.5	500’ +/-	46'- 49’	GA
Lower Cumberland Sound	15+348.5 to 00+000	500’ +/-	47'	FL/GA
Cut - 1N Entrance Channel	0+00 to 501+23.68	500’ +/-	51’	FL/GA
Cut - 2N Entrance Channel	0+00 to 250+00	500’ +/-	51’	FL

 

Turning Basins

1. North Turning Basin is located between Stations 12+47.3 to 71+00 in Cut - 1N. Depth 47’ MLLW.
2. South Turning Basin is located between Stations 11+00 to 71+00 in Cut - 1N. Depth 47’ MLLW.

Settling Basins

3. North Settling Basin is located between Stations 119+00 and 227+50 in Cut - 1N. Depth 51’ MLLW.
4. South Settling Basin is located between Stations 176+00 and 227+50 in Cut - 1N. Depth 51’ MLLW.

Turning Notches

5. Turning Notch 1 located between Station 20+00 in Cut - 1N to Station 1+921 in Range A, just west of the North Turning Basin identified above and between station 2+000 of Range A to Station 20+00 of Cut - 1N. Depth 47’ MLLW.
6. Turning Notch 2 located between Station 480+00 of Cut - 1N to Station 20+00 in Cut - 2N. Depth 51’ MLLW.

 

 

DREDGE TYPE:

 

Material dredged within portions of the Sub Base and Inner Channel of KBEC from STA 37+504 to 30+368 (which overlap with the SAS permit boundaries) to 0+000, and the entire KBEC, from STA 0+00 to 501+23.68 of Cut -1N and from STA 0+00 to 250+00 of Cut - 2N will be excavated by hydraulic dredges, primarily by hopper dredges, but may also be dredged by cutter suction dredges.

 

 

DISPOSAL AND PLACEMENT AREAS:

Dredged material may be placed within the P/A-N; one or more of the beach placement sites including P/A-SJ, P/A- F, P/A-NB, or P/A-SB on Amelia Island, Florida; or ODMDS D/A-O.

To maximum extent practicable, shoal material dredged from the KBIC would be beneficially placed within the Florida beach littoral system. Beach quality material from the KBEC would be placed on the designated beaches per the requirements of the Memorandum of Understanding Concerning Dredging of the St. Marys Inlet Channel” dated December 18, 1986, between the United States Department of the Navy and the State of Florida.  Placement would be coordinated and concurred with the State of Florida prior to placement of material at the beach placement sites or the nearshore.

Placement options will be based on parametric grab sampling analytical results. Dredged material found to be in compliance with State of Florida regulations and requirements for beach quality sand may be placed in one of the beach placement sites. Dredge material found to be in compliance with nearshore quality placement may be placed in the P/A-N. Dredge material meeting ODMDS criteria and specifically covered by a separate MPRSA Section 103 permit issued to Kings Bay Naval Submarine Base may be placed in the D/A-O. Material not meeting beach quality, or nearshore quality would be disposed of at D/A-O. The dredging stations and their prospective placement areas can be seen in Table 1-3 and in further detail on the DA 10/404 permit drawings.

                Table 1-3: Disposal and Placement Area Per Channel Section

STATION	DREDGE PLACEMENT AND DISPOSAL LOCATION
Inner Channel and Sub Base
Sta. 37+504 to 30+368	P/A-N, P/A-F, P/A-SJ, P/A-NB, D/A-O
Sta 37+504 to 00+000	P/A-N, P/A-F, P/A-SJ, P/A-NB, D/A-O
Entrance Channel Cut – 1N
Sta. 0+00 to 230+00	P/A-N, P/A-F, P/A-SJ, P/A-NB, P/A-SB, D/A-O
Sta. 230+00 to 350+00	D/A-O
Sta. 350+00 to 501+23.68	P/A-N, P/A-F, P/A-SJ, P/A-NB, P/A-SB, D/A-O
Entrance Channel Cut – 2N
Sta. 0+00 to 250+00	D/A-O

 

SECTION 103 OF THE MARINE PROTECTION RESEARCH AND SANCTUARIES ACT (MPRSA):

A MPRSA Section 103 authorization was issued on 11 October 2022 for the transport of the approximately 1 million cubic yards of material dredged per year from the Kings Bay Entrance Channel to the Fernandina Beach ODMDS for disposal. This authorization remains valid until 16 August 2025.

The current authorization includes material dredged from the following existing areas  which are the same proposed maintenance dredging areas:

Kings Bay Entrance Channel Cuts 1N [STA 0+000 to STA 501+24] and 2N [STA

00+000 to STA 250+000], including the North and South Settling Basins and North and South Turning Basins; and Inner Channel, Ranges A through F [STA 37+504 to STA 00+0-00].

The EPA provided its concurrence that the material dredged from the Kings Bay Entrance Channel is suitable for disposal at the Fernandina Beach ODMDS by letter dated 16 August 2022.

The center of the Fernandina Beach ODMDS is located approximately 7 miles east of the south end of Amelia Island, Nassau County, Florida. The Fernandina Beach ODMDS was designated by EPA through promulgation of a final rule on February 23, 1987, effective March 25, 1987. The Fernandina Beach ODMDS is an approximately 2 nautical mile (nmi) by 2 nmi square area. As of 2019, it had a depth range of 44 to 66 feet, with an average depth of 52 feet.

The corners of the Fernandina ODMDS, in Geographic (NAD 83) are:

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:

No expansion of the project footprint is being requested.

COMPENSATORY MITIGATION: No mitigation is being proposed.

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:  The Corps has determined the proposed project “may affect, but will not likely adversely affect” the West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps will initiation consultation with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the Endangered Species Act by separate letter.

The applicant stated the following:

 

The proposed dredging activities continue to meet eligibility requirements to be covered by the South Atlantic Regional Biological Opinion for Dredging and Placement Activities in the Southeast United States, as amended, (SARBO) for the following ESA-listed species under the National Marine Fisheries Service (NMFS) jurisdiction: swimming loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), hawksbill sea turtle (Eretmochelys imbricata), Kemp’s ridley sea turtle (Lepidochelys kempii), and the leatherback sea turtle (Dermochelys coriacea); North Atlantic right whale (Eubalaena glacialis), humpback whale (Megaptera novaeangliaea), sperm whale (Physeter macrocephalus), smalltooth sawfish (Pristis ectinate), giant manta ray (Manta birostris), oceanic whitetip shark (Carcharhinus longimanus), scalloped hammerhead shark (Sphyrna lewini), shortnose sturgeon (Acipenser brevirostrum), and Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus). Critical habitat in the project area is designated for the Atlantic Sturgeon. Per the 2020 SARBO, the critical habitat unit in the project area is Unit SA7 (St. Marys River, GA/FL). Applicable Project Design Criteria (PDCs) will be implemented to reduce potential adverse effects to sturgeon. Implementation of these PDCs may extend protection to other listed species as well. The project will also implement the North Atlantic Right Whale (NARW) Conservation Plan to reduce adverse impacts to this species. The project area lies within the Seasonal Management Area “Brunswick, Georgia to Cape Canaveral, Florida” and is a critical area of protection. Minimization measures to be implemented include reduced vessel speeds, protected species observers, and subscription to the NMFS’  WhaleAlerts to alert vessels of the presence of whales. These measures are implemented during the NARW calving season, which extends from November 1 through April 30, and are especially imperative during December through mid-March when NARW are most commonly present and active in Florida. Although the 2020 SARBO removed dredging windows, this project will continue to adhere to the annual seasonal dredging window whereby hopper dredging is restricted to occur only from December 15 through March 31 required by Georgia Department of Natural Resources (GaDNR) Coastal Zone Management Act Federal Consistency Determination concurrence letter dated April 3, 2014.

 

The Corps has determined that the proposed project “may affect, but is not likely to adversely affect” the species listed above.

 

The applicant also stated the following:

 

The proposed placement activities continue to meet eligibility requirements to be covered by the 2015 Shore Protection Activities along the Coast of Florida State Programmatic Biological Opinion (SPBO) and  for the following ESA-listed species under the U.S. Fish and Wildlife Service (USFWS) jurisdiction: nesting loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), hawksbill sea turtle (Eretmochelys imbricata), Kemp’s ridley sea turtle (Lepidochelys kempii), and the leatherback sea turtle (Dermochelys coriacea); piping plover (Charadrius melodus), rufa red knot (Calidria canutus rufa), and West Indian manatee (Trichechus manatus).

 

The Corps has determined that proposed project “may affect, is likely to adversely affect” these species listed above. The Corps will request concurrence with the USFWS pursuant to Section 7 of the Endangered Species Act by separate letter.

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 1,794.6 acres of open tidal waters utilized by various life stages of the species list on the table below. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the St. Mary’s 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

The applicant stated the following:

 

Species within the study area are managed with guidance from the Mid-Atlantic Fisheries Management Council (MAFMC), SAFMC, and the National Marine Fisheries Services (NMFS) (SAFMC 1998; NMFS 2006; NMFS 2008). The species addressed in this section consist of fishes and invertebrates of both recreational and commercial importance that are managed under the Magnuson-Stevens Fishery Conservation and Management Act (PL94-265). These species include the commercially or recreationally important stocks such as Penaeid shrimp, as well as species included in the Snapper-Grouper Complex, Coastal Migratory Pelagics, and Highly Migratory Atlantic Species (NMFS 2010a). The categories of EFH for managed species which could potentially be found in the O&M dredging areas are: estuarine emergent wetlands (salt marsh and brackish marsh) and water column. Maps of all EFH boundaries are available on the National Oceanic and Atmospheric Administration’s website through the use of the EFH Mapper, found at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html.

Fishery Management Councils have also designated areas as HAPC based on habitat level considerations rather than the life stages of particular species. These HAPC include habitats that have an important ecological function; habitats that are sensitive to human degradation; rarity of the habitat; and whether the habitat will be stressed by development (NMFS 2008). The St. Marys River and the Fernandina/Kings Bay Entrance channel have been designated HAPC by the MAFMC and the SAFMC. Habitats that are of particular concern include the Summer Flounder, Red Drum, Coastal Migratory Pelagics, Snapper-Grouper Complex, and Penaeid Shrimp (SAFMC 1998; NMFS 2010a). Coastal inlets are HAPC for shrimps and grouper. Inlets are important for these species that prefer estuarine habitats including salt marsh. A summary of all managed species is included in Table 1.

The applicant also stated the following:     

 

The continued O&M dredging of the St. Marys River/Kings Bay Channel will impact EFH. These include impacts to HAPC, especially within the inlet, which may alter important migratory routes in and out of the river system. These impacts however, will be limited to areas of dredging and occur over a limited area within the entire river system. The use of BMPs should limit the extent and duration of turbidity impacts, which will temporarily alter fish dynamics in the vicinity of the construction activities. Continued loss of habitat will occur as shoal material is removed from the existing channel footprint, but those species inhabiting these areas are expected to recover quickly. Fishes in St. Marys River near the construction activities should have adjacent similar habitats to utilize during times of construction. Overall, the impacts to EFH and HAPC related to the continued maintenance dredging dredging of the St. Marys River/Kings Bay Channel will be temporary and will not result in significant effects on managed species.

 

 

Navigation: The proposed activities are 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 30days 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 Jacksonville District project manager, Tracy D. 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.

 

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.

 

STATE OF FLORIDA

 

Water Qualification Certification: The Water Quality Certification (WQC) was granted by the Florida Department of Environmental Protection (FDEP), Permit Number 0196204-016-JC, on 11 September 2014 for the dredging and disposal activities located solely within the State of Florida as authorized by the previous Department of Army (DA) Permit, SAJ-1992-01854, that was issued on 18 June 2014. The WQC was further modified on 22 September 2016 and 6 November 2017. The WQC expires on 11 September 2029. The portion of the proposed maintenance dredging project and associated disposal areas located within the State of Florida as described in this public notice are within the footprint of the previously authorized channels, turning basins, settling basins, turning notches, disposal areas and placement areas. Additionally, the proposed dredge and disposal amounts are the same as previously authorized. Therefore, the existing WQC remains valid until 11 September 2029.

 

Coastal Zone Management Consistency:  In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

 

STATE OF GEORGIA:

 

Water Quality Certification: The Georgia Department of Natural Resources, Environmental Protection Division will review the proposed project for water quality certification, in accordance with the provisions of Section 401 of the Clean Water Act. Prior to issuance of a Department of the Army permit for a project location in, on, or adjacent to the waters of the State of Georgia, review for Water Quality Certification is required. A reasonable period of time, which shall not exceed one year, is established under the Clean Water Act for the State to act on a request for Water Quality Certification, after which, issuance of such a Department of the Army permit may proceed.

 

State-owned Property and Resources:  The applicant may also require assent from the State of Georgia, which may be in the form of a license, easement, lease, permit or other appropriate instrument.

 

Georgia Coastal Management Program:  Prior to the Jacksonville District Corps of Engineers making a final permit decision on this application, the project must be certified by the Georgia Department of Natural Resources, Coastal Resources Division, to be consistent with applicable provisions of the State of Georgia Coastal Management Program (15 CFR 930).  Anyone wishing to comment on Coastal Management Program certification of this project should submit comments in writing within 30 days of the date of this notice to the Federal Consistency Coordinator, Coastal Management Program, Coastal Resources Division, Georgia Department of Natural Resources, One Conservation Way, Brunswick, Georgia 31523-8600 (Telephone 912-264-7218

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the Jacksonville District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.