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SAJ-2023-02772 (SP-EBL)

Jacksonville District
Published April 26, 2024
Expiration date: 5/27/2024

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 U.S.C. §403) as described below:


Brenda Beshai

Lazy Days Camp Resort Lot Owners Association Inc.

1074 Front Street

Welaka, Florida 32193

WATERWAY AND LOCATION:  The project is located at 1074 Front Street (Putnam County Property Appraiser – Parcel Identification Number 40-12-26-5117-0320-0300), in Section 40, Township 12 South, Range 26 East, Welaka, Putnam County, Florida.  The project site’s approximate central coordinates are Latitude 29.464519°, Longitude -81.672648°.  The project would affect waters of the United States associated with the St. Johns River.

Directions to the site are as follows:  From downtown Jacksonville, Interstate 95 South to Florida 207. Then take Florida 207 to Shay Way in Welaka. The project site is on the left side of the road.

APPROXIMATE CENTRAL COORDINATES:         Latitude        29.464519°

                                                                                 Longitude -81.672648°


Basic:  Bank stabilization and recreational water access

Overall:  To improve waterfront access and to stabilize the bank at the existing Lazy Day’s Campground boat basin.

EXISTING CONDITIONS:  The project is located in an estuarian subtidal system known as the St. Johns River. The area does not contain submerged aquatic vegetation, marsh, or mangroves. The existing area surrounding the project area consists of primarily private single-family homes to the west and undeveloped forested uplands to the east.

PROPOSED WORK:  The applicant seeks authorization for the following:

to replace a portion of the existing catwalk with a new 4-foot by 233-foot catwalk surrounding the basin,

to replace the northwestern portion of the existing bulkhead with the installation of a 270-linear-foot vinyl sheet bulkhead to be no more than 18-inches waterward of the existing, and discharge of 100 cubic yards of clean backfill into 0.008 acres of open water,

to mechanically excavate 100-cubic-yard of upland material from behind the existing bulkhead. This activity would not affect navigable waters of the United States and will not result in a discharge of dredged or fill material into waters of the United States,

to construct a 130-foot-long wooden bulkhead behind the existing that includes a 20-foot wingwall on the south side of the property in alignment with the existing bulkhead located to the north. Although this is a regulated activity, the construction of this structure would not affect navigable waters of the United States and will not result in a discharge of dredged or fill material into waters of the United States,[LEBCUC(1] 

 to remove the existing bulkhead,

In addition, the project also includes requests for after-the-fact authorizations for the following:

an existing 870-square-foot marina that includes a 5-foot by 90-foot access pier, a 10-foot by 35-foot partially covered terminal platform, and seven 1-foot by 10-foot finger piers and results in 8 boat slips,

a 90-linear-foot wooden breakwater located underneath the existing access pier and terminates at the beginning of the terminal platform. The breakwater extends 5-feet down to the bottom substrate,

39 linear feet of rip rap at a 2:1 slope that is no more than 6 feet waterward of the mean high-water line. The rip rap revetment fills approximately 0.01 acres (26 cubic yards) of open water,[LEBCUC(2] 

108 linear feet of wooden bulkhead at the mean high-water line on the southwestern corner of the property,[LEBCUC(3] 

a 4-foot by 92-foot wooden catwalk on the southwestern corner of the property,

230 linear feet of wooden bulkhead at the mean high-water line on the northeastern corner of the property,[LEBCUC(4] 

a 4-foot by 230-foot wooden catwalk on the northeastern corner of the property,

fourteen 1-foot by 10-foot finger piers connecting to the proposed replacement catwalk creating 16 boat slips,

the existing marine includes a total of 34 slips.

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:

“Only minor discharge is proposed with the replacement of an existing bulkhead. The new bulkhead 18" in front of the old bulkhead. This is an Industry Standard and is widely considered the least invasive way of replacing an existing bulkhead. It has been determined that removing an old bulkhead and re-building in the same spot is more invasive to the adjacent resource. This is because the old bulkhead would have to be excavated out impacting more than the afore mentioned 18" and creating the opportunity for water quality impacts. No mitigation is proposed for the project.”

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

The discharges associate with the proposed project includes 0.008 acres of fill in open water, no wetlands will be impacted. Therefore, no mitigation is proposed because no wetlands will be impacted.


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.


The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) and Eastern indigo snake (Drymarchon corais couperi).

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-D-G-H-I-J-L-N-O-P4 May affect, not likely to adversely affect.

For the Eastern indigo snake (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, but is 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.

Jacksonville District’s Programmatic Biological Opinion (JAXBO):  Smalltooth sawfish (Pristis pectinate), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and shortnose sturgeon (Acipenser brevirostrum), hawksbill turtle (Eretmochelys imbricata), leatherback turtle (Dermochelys coriacea), green turtle (Chelonia mydas), loggerhead turtle (Caretta caretta), and Kemp’s ridley turtle (Lepidochelys kempii): The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO, SAJ-2018-01916) 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 are not likely to jeopardize the continued existence of listed species or adverse modification to designated CH. On 21 February 2018, NMFS listed the giant manta ray as threatened. On 5 November 2021, SAJ-RD provided NMFS PRD with a Section 7(a)(2) and 7(d) [LEBCUC(5] Endangered Species Act (ESA) analysis to verify that the activities covered in JAXBO are not likely to jeopardize the continued existence of the giant manta ray (Manta birostris). The Section 7(a)(2) and 7(d) ESA analysis validates that the Corps’ continued use of the JAXBO, while Section 7 ESA consultation is ongoing, remains compliant with the ESA’s requirements to avoid jeopardy and irreversible or irretrievable commitments of resources. On 16 May 2022, Johnson’s seagrass and its critical habitat were delisted from the ESA. Therefore, the PDCs included in JAXBO to minimize adverse effects to Johnson’s seagrass and its critical habitat are no longer applicable. A document identifying the specific PDCs can be found in the SAJ-2018-01916 file or on the SAJ Regulatory Division SourceBook in the ESA section.

For this verification, the Corps conducted a project specific review to ensure that all of the PDCs were met. In accordance with the project-specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity were emailed to and on April 23, 2024. Therefore, the Jacksonville District satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview.

On April 17, 2024, the Corps executed an RAR report. The RAR indicated that the Information for Planning and Consultation (IPAC) species that are found within Putnam County could include the Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Everglade Snail Kite (Rostrhamus sociabilis plumbeus), Red-cockaded woodpecker (Picoides borealis), Whooping crane (Grus americana), Florida scrub-jay (Aphelocoma coerulescens), Tricolored bat (Perimyotis subflavus), and Sand skink (Neoseps reynoldsi). These species’ ranges do not include this area or habitat to support these species is not found on site. Therefore, routes to effects for these species were not reviewed. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any federally listed threatened or endangered species, other than those mentioned above. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any federally listed, threatened, or endangered species, other than those mentioned above.

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 0.008 acres of open-water habitat utilized by various life stages of Penaied Shrimp and Summer Flounder.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in 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 structures is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant with 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, P.O. Box 4970, Jacksonville, Florida 32207 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, Brooke Lawrence, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32207; by electronic mail at; or, by telephone at (904)-251-9191. 

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.

WATER QUALITY CERTIFICATION: Water Quality Certification (WQC) is required from the Florida Department of Environmental Protection (FDEP). The FDEP issued an ERIP, which constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341.  FDEP permit number 54-0293134-003-EI on 22 December 2023 and expires on 22 December 2028.   

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.