Public Notice Notifications

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SAJ-1991-02068 (SP-TMM)

Jacksonville District
Published April 3, 2024
Expiration date: 5/1/2024

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 .S.C. §403) as described below:

APPLICANT:  United States Marine Corps

                        Attention: Michael Erhard

                        5880 Channel View Blvd.

                         Jacksonville, Florida 32226

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the St. Johns River and the Back River channel.  The project site is located at 5880 Channel View Boulevard, Sections 20 and 29, Township 1 South, Range 28 East, Jacksonville, Duval County, Florida.

 

Directions to the site are as follows:  From downtown Jacksonville, travel north on US 17/North Main Street. Exit east onto 105/Heckscher Drive/Zoo Parkway. Travel south onto either Dave Rawls Blvd or Blount Island Blvd. Travel left onto Channel View Blvd and take a right onto Sonar Way. Sonar Way terminates at the Back River channel site project location. The site requires coordination with U.S. Marine Corps in advance for entry.

 

APPROXIMATE CENTRAL COORDINATES:          Latitude        30.3980°

                                                                                  Longitude -81.52023°

 

PROJECT PURPOSE:

Basic: The basic project purpose is to facilitate navigation.

Overall: The overall project purpose is to maintenance dredge the U.S. Marine Corps Slipway Channel at Blount Island to provide safe passage of U. S.  Marine Corps vessels to maintain national defense readiness at the Blount Island facility, Jacksonville, Duval County, Florida.

EXISTING CONDITIONS:  The aquatic system consists of the estuarine, open tidal waters of the Back River channel and the St. Johns River. There is no marsh, mangrove, or submerged aquatic vegetation within the project site. The existing area surrounding the project area consists of the U.S. Marine Corps Blount Island facility and JAXPORT.

PROJECT HISTORY: The U.S. Marine Corps Slipway Channel at Blount Island was constructed in 1977. According to information provided by the applicant’s consultant, and their investigation of geotechnical borings, photographs of the 1977 construction of the slipway, pre-construction subsurface investigations indicate that the slipway between Stations 6+00 and 8+32.6 was dredged to a depth of 52 feet MLLW in 1977. The dredging between Stations 6+00 and 8+32.6 occurred to facilitate the construction of an underwater concrete sill at Station 7+00. Following the construction of the sill, clean sand fill material was placed around the sill. A portion of the sill was removed to a depth of 47 feet MLLW in 2020. Previous authorizations that include maintenance dredging of all areas are as follows:

    a. SAJ-1991-02068 – On August 16, 1993, the Corps authorized Gate Maritime Properties fill, excavation of open water, bulkhead, and new structures within the Back River spillway. Maintenance dredging was also authorized.

    b. SAJ-1991-02068 - On January 8, 2004, the Corps authorized Gate Maritime Properties to expand a commercial port facility for a wharf and bulkhead under a Standard Permit

    c. SAJ-1991-02068 – On January 26, 2009, the Corps authorized maintenance for repair and replacement of rock jetty under a Nationwide Permit 3.

    d. SAJ-1991-02068 - On May 14, 2014, the Corps authorized the annual maintenance dredge of approximately 300,000-cubic-yards of dredged material to -38-feet MLLW plus -2 feet of over depth in the Back River channel.

    i. Mod #1: On January 18, 2018, the permit was modified to add other upland disposal areas for an emergency dredge, including Bartram Island DMMA Cell B-2.

    ii. Mod #2: On January 31, 2019, the permit was modified to maintenance dredge to a depth of -50 feet MLLW (plus -2 feet of allowable overdredge) between stations 6+00 and 8+32.6 (the sill area).

    iii. Mod #3: On March 4, 2019, the permit was modified to remove a concrete sill located at MCSF-BI by cutting it into sections using a diamond wire saw, and the sections removed using an excavator type and/or large clamshell dredge.

    iv. Mod #4: On June 24, 2022, the permit was modified to remove approximately 1,000-cubicyards of sediment from a 0.42-acre area within Berth 3 (Slipway Station 12+30 to Station 15+30) and removal of approximately 1,000-cubic-yards of sediment from a 1.57-acre area within Berth 4 (Station 12+30 to Station 18+20) for a total of

approximately 2,000-cubic-yards to be removed. The berths would be dredged to -7-feet at mean lower low water (MLLW) plus -1-foot allowable overdredge.

PROPOSED WORK:  The applicant seeks a 10-year authorization for the following:

Annual maintenance dredging of approximately 1,160,000-cubic-yards of sediment (sand, silt, clay, and trace shell) from a 57.14-acre area of waters of the United States (open, tidal water) for a period of 10 years. The average annual dredging event would be approximately 116,000-cubic-yards (approximately 10 events). The main U.S. Marine Corps Back River channel and St. Johns River would be 2,700-feet-long by 572.5-feet-wide to the northwest and 415-feet-wide to the southeast and would be dredged between Station 0+00 and Station 56+09.1 to a depth of -38-feet Mean Lower Low Water (MLLW) plus 2-foot of allowable over depth. The area between Station 6+00 and Station 8+33 in the channel would be 232.6-feet-wide by 426.5-feet-long and would be dredged to 50-feet MLLW plus 2-foot allowable over depth as needed for access to an existing concrete sill.

As needed maintenance dredging of 1,000-cubic-yards of sediment from a 0.42-acre area called Berth 3, located adjacent to the south of the main channel from Station 12+36 to 15+39.6. The maintenance dredging would be 304-feet-long by 83-feet-wide at the west and 96-feet-wide at the east. The berth would be dredged to a depth of 7-feet MLLW plus 1-foot allowable over depth. The total dredge over the 10 years would be approximately 2,000-cubic-yards.

As needed maintenance dredging of 1,000-cubic-yards of sediment from a 1.57 acre area of waters of the United States (open, tidal water) called Berth 4, located north of the main channel from Station 12+36 to Station 18+13. The maintenance dredging would be 577-feet-long by 71-feet-wide at the west and 166-feet-wide at the east. The berth would be dredged to a depth of 7-feet MLLW plus 1-foot allowable over depth. The total dredge over the 10 years would be approximately 2,000-cubic-yards.

Placement of an approximately 12,000-foot-long by typically 18-inch to 24-inch dredge spoil pipe into waters of the United States (open, tidal water) to transport dredge spoil from the Back River Channel to the Dayson Island Dredged Material Management Area (DMMA) in the Old St. Johns River channel. The pipe would be placed for approximately 12,000-feet and it would be made of HDPE or steel material. The pipe would be stabilized on the bottom of the St. Johns River channel with weighted anchors and collars.

Return water into waters of the United States (open, tidal water) from the DMMA. The DMMA would utilize an operational weir system allowing ambient waters to be returned to the St. Johns River.

The work would be conducted by either using a cutter-suction, mechanical (excavator or clamshell) and/or hopper dredge.  During times of operation, maintenance dredging would be conducted 24 hours per day/7 days a week. The dredged material would be disposed of into the DMMA or other prior approved upland dredge disposal area. This disposal area currently exists, and has been previously permitted. The DMMA currently has approximately 1,207,578.92-cubic-yards of capacity available.

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 project footprint is requested, thus no avoidance, minimalization, and compensation measures are anticipated. The project will comply with Florida FWC Standard Manatee Construction Conditions (2011), NMFS SARBO Project Design Criteria (PDCs) for all projects, Cutter Suction Dredging, Hopper Dredging, Atlantic Sturgeon, Bed-Leveling, and Handling and Reporting Protocol ESA-Listed Species/PSO Roles and Responsibilities.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

“No expansion of project footprint is requested, thus no avoidance, minimalization, and compensation measures are anticipated.”

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 would be not likely to adversely affect the West Indian manatee (Trichechus manatus).  However, the proposed dredging activities are more than the 50,000-cubic-yards allowed in the Manatee Key. Therefore, the Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana) pursuant to 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.  Therefore, no additional consultation with the U.S. Fish and Wildlife Service is required. 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Atlantic sturgeon, smalltooth sawfish, Kemp’s Ridley sea turtle, green sea turtle, loggerhead sea turtle. The Corps has determined that the proposed work follows the South Atlantic Regional Biological Opinion. Therefore, no additional consultation is required. 

The Corps has determined the proposal would have no effect on the Red-Cockaded Woodpecker, Rufa Red Knot, Whooping Crane, Eastern Black Rail, eastern indigo snake, green sea turtle, hawksbill sea turtle, leatherback sea turtle, loggerhead sea turtle.  Therefore, no additional consultation is required.

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 59.13 acres of open, tidal water utilized by various life stages of bull shark, summer flounder, shrimp, summer flounder, bluefish, spiny lobster, and Habitat Areas of Special Concern for the snapper/grouper and penaeid shrimp.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf Atlantic Fisheries Management Council and Atlantic Highly Migratory Species.  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 located in the vicinity of a federal navigation channel.

SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would occupy a Corps Civil Works project. The Corps will coordinate with Corps Navigation Section to determine if a 408 review is required.

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 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, at the address found in the letterhead above, 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, address located in the letterhead above; by electronic mail at Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179. 

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.