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:
Richard Smith
P.O. Box 988
Green Cove Springs, Florida 32043
WATERWAY AND LOCATION: The project is located at 2399 North Lakeshore Drive (Clay County Property Appraiser – Parcel Identification Number 31-04-26-02-021249-000-00 and 31-04-26-02-021250-000-00), in Section 31, Township 4 South, Range 26 East, Fleming Island, Clay County, Florida. The project would affect waters of the United States associated with Doctor’s Lake.
Directions to the site are as follows: From the Jacksonville District Office, get on Interstate 95 North from San Marco, take Interstate 10 West and Interested 295 South to United States Highway South/ Park Avenue, continue on United States Highway 17, turn right onto Eagle Harbor Parkway, then take a left on Harbor Lake Drive, continue onto North Lakeshore Drive, the project site is on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.114966°
Longitude -81.746915°
PROJECT PURPOSE:
Basic: The basic project purpose is shoreline stabilization and to improve recreational water access.
Overall: The overall project purpose is shoreline stabilization through the replacement of an existing failing bulkhead and to improve recreational water access in south Doctors Lake Park, in Clay County, Florida.
EXISTING CONDITIONS: The project is located in a riverine tidal system known as Doctors Lake. The area does contain two small patches of submerged aquatic vegetation (SAV); however, the project has been designed to avoid the two patches and best management practices such as turbidity barriers will be implemented.
PROPOSED WORK: The applicant seeks authorization for the following:
to replace the existing bulkhead with the installation of a new 179.7-linear-foot timber bulkhead to be no more than 18-inches waterward of the existing bulkhead, filling 0.0143 acres of open water and the placement of 23 cubic yards of clean backfill with 8.5-foot wing walls on either side of the property;
to remove the existing fishing pier and to replace it with a new fishing pier in the same footprint. The new pier is proposed to encompass an area of 1,778-square-feet. The new fishing pier will consist of an access pier and a terminal platform. The new fishing pier will include a 5-foot by 305-foot walkway and connect to a 9.8-foot by 24.5-foot terminal platform with a 2-foot by 5-foot extension. The pier will be positioned 4.2 foot above the mean high-water line (MHWL). No mooring will be authorized along the pier and there are no wet or dry slips proposed for this project. A total of 74 new 12-inch diameter wood pilings will be installed via vibratory hammer;
to construct a 513-square-foot ADA compliant kayak launch that will consist of a gangway and a terminal platform. The kayak launch would include a 5-foot by 45-foot metal gangway leading to a 16-foot by 18-foot terminal platform. No mooring will be authorized along the kayak launch and there are no wet or dry slips proposed for this project. A total of 4 new 12-inch diameter wood pilings will be installed via vibratory hammer.
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:
“A marine resource survey was conducted on July 20, 2023, and documented only two locations of submerged aquatic vegetation within the survey are. Both locations comprised sparse Vallisneria americana. One location comprised a small patch only 1 ft by 1 ft and the other was 1 ft by 2 ft. Overall, the conditions present at the site were poor for SA V recruitment and growth, due to sediment characteristics and poor water quality (i.e., light attenuation to depth). The project was designed to avoid the two small SA V patches, and no impacts are anticipated to occur. Best Management Practices will be implemented throughout construction. The applicant will adhere to the current "Standard Manatee Conditions for In-Water Work." Prior to the initiation of construction activities, floating turbidity curtains will be installed around the limits of construction and will be maintained fully functional until all construction activities are complete.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“There are no proposed impacts to seagrass and therefore no mitigation has been 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 is not likely to adversely affect the Eastern Indigo Snake (Drymarchon couperi) based on programmatic key. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) based on programmatic key. Therefore, no additional consultation is required.
The Corps has determined the proposal would have no effect on Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Tricolored bat (Perimyotis subflavus), and Whooping Crane (Grus americana) or any other listed threatened or endangered species or designated critical habitat.
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
0.0143 acres of open-water habitat utilized by various life stages of Summer Flounder, Bluefish, and Sharks 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 are 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, address located at 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, Brooke Lawrence, in writing at the Jacksonville Permits Section, address at the letterhead above; by electronic mail at Emily.B.Lawrence@usace.army.mil; or, by telephone at (904)-251-9191.
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.