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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Mr. Jason Hafer
Chairman of the Board
Hogpen Creek Special District
c/o Ezekiel Stewart
2328 Shipwreck Circle West
Jacksonville, Florida 32224
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Hogpen Creek. The project site is located within Hogpen Creek from San Pablo Road South to Pablo Creek (Intracoastal Waterway). Section 38, Tonwship 2 South, Range 28 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: San Pablo Road to Castaway Drive to Pine Island Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.307250°
Longitude -81.434759°
PROJECT PURPOSE: The purpose of the proposed dredging is to remove accumulated sediments to improve the navigation of Hogpen Creek.
EXISTING CONDITIONS: The project area consists of approximately 32 acres of open tidal waters of Hogpen Creek. A previous Department of the Army (DA) Permit was issued on December 30, 2003, for the dredging of 100,000 cubic yards of material from Hogpen Creek. The channel is bordered by both saltmarsh, recreational docks, upland residential development and transmission tower foundations.
PROPOSED WORK: The applicant seeks authorization to conduct maintenance dredging of approximately 85,000 cubic yards of material from approximately 32 acres of open tidal waters of Hogpen Creek to re-establish a channel with an approximate 20’ -30’ bottom width and 40’- 60’ top width and a dredged depth of approximately -6 feet below Mean Low Water (MLW). The dredging would occur by mechanical dredging and the dredged material would be disposed of at Reed Island. The dredged material would be transported to Reed Island by barge. The barge would have a 2,000 cubic yard capacity and approximately 30-40 trips to Reed Island would be required. The dredging equipment would be staged in Pablo Creek (Intracoastal Waterway) near the entrance of Hogpen Creek. The dredging would require the use of 1-5 hopper barges, 1-3 tug boats, 1-3 work barges with excavators, 1-2 main spoil barges, and 1-5 dinghies.
*Additional detailed project drawings are available upon request.
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 dredging equipment would not block the creek during normal high tide. The proposed dredging would occur 5 feet from adjacent dock pilings and 10’ from bulkheads or seawalls. In addition, the proposed dredging would be far enough from the adjacent vegetated wetlands/marshes that the anticipated sloughing would not impact the vegetated wetlands/marshes.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
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 dredging will have no effect on the Eastern black rail (lateralluss jamaicensis ssp. jamaicensis), Eastern indigo snake (Drymarchon couperi), red-cockaded woodpecker (Picoides borealis), Rufa red knot (Calidris canutus rufa), tricolored bat (Perimyotis subflavus) and whooping crane (Grus americana).
The Corps has determined the proposed dredging may affect the West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps will request initiation of informal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined that the proposed dredging may affect, but will not likely adversely affect, the Wood Stork (Mycteria americana).
The Corps has determined the proposed dredging and ocean disposal may affect, but is no likely to adversely effect 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 National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 32 acres of open tidal waters and substrate, 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 Hogpen 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 structure is approximately 20 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. 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.sanders@usace.army.mil or by telephone at (904)704-2611.
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 Florida Department of Environmental Protection (FDEP).
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.