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 103 of the Marine Protection, Research and Sanctuaries Act (33 U.S.C. §1411) as described below:
APPLICANT: Mrs. Kelsey Cox
Jacksonville Port Authority
2831 Talleyrand Avenue
Jacksonville, Florida 32206
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The dredge disposal site is the Jacksonville Ocean Dredged Material Disposal Sites (ODMDS)
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.321483°
Longitude -81.29565°
PROJECT PURPOSE: To dispose of the dredged material at the Jacksonville Ocean Dredged Material Disposal Sites (ODMDS). Upland storage capacity of dredged material at the existing Bartram Island Dredge Material Management Area (DMMA) and Buck Island DMMA is limited. Maintenance dredging of the JAXPORT berths are critical to maintain the authorized depths achieved through the Jacksonville Harbor Deepening Project, ensuring adequate draft clearance for vessels entering the harbor. E
EXISTING CONDITIONS: The dredging of approximately 2,130,295 cubic-yards of material from 186.14 acres of JAXPORT Berths 3, 4, 5, 6, 7, 8, 10, 16, 17, 18, 20, 22, 30, 31, 32, 33, 34, 35, JEA Coal Berth and MOL Turning Basin was authorized by the Department of Army (DA) permit, SAJ-2001-06043, which remains valid until October 22, 2026, and included disposal of the dredged material at the Bartram Island Dredge Material Management Area (DMMA) and Buck Island DMMA.
The applicant provided the following additional information:
Pursuant to Section 103(c), the United States Environmental Protection Agency (EPA) concurred that the maintenance dredged material from the Jacksonville Harbor Deepening and Widening Project met the Ocean Dumping Criteria (ODC) and would be disposed of in the Jacksonville ODMDS on December 16, 2015. Included in the approved deepening project area were the Dames Point Marine Terminal Berths 16-18 and Turning Basin, Blount Island Berths 30-35, and the JEA Coal Berth. Additionally, pursuant to Section 103(c), the EPA's concurrence was extended on March 3, 2022. The extended concurrence applies to “project segments defined as maintenance areas throughout Jacksonville Harbor”, which includes the berths at Blount Island and the Dames Point Marine Terminal (Brills Cut Terminal). On August 30, 2024, pursuant to Section 103(c), an additional 6-month extension of the EPA’s concurrence was granted, which specifically noted that the concurrence applies to “authorized port berths at JaxPort, including JPA Blount Island and MOL. As documented in the Jacksonville Harbor Deepening and Widening MPRSA Section 103 Sediment Characterization Testing Final Report, Berths 16 & 17 are located within Dredging Unit 25, Berth 18 is located within Dredging Unit 24, Berths 30-33 are located within Dredging Unit 23, and Berth 34, 35, & the JEA Coal Berthare located within Dredging Unit 22. Per Section 103(c) concurrence, materials from Dredging Units 22 & 25 shall be disposed of in ODMDS Disposal Zone B-1, whilematerials from Dredging Units 23 & 24 shall be disposed of in ODMDS DisposalZone C-1.
CONCURRENCY: A Marine Protection, Research and Sanctuaries Act
(MPRSA) Section 103 concurrence by the EPA for the proposed disposal of the dredged material associated with the Operations and Maintenance (O&M) material within the Jacksonville Harbor Deepening and Widening Project, which includes the Dames Point Marine Terminal Berths 16-18 and Turning Basin, Blount Island Berths 30-35, and the JEA Coal Berth, into the Jacksonville ODMDS. The EPA concurrenceletter of March 3, 2022, stated the following:
Pursuant to Section 103(c) of the Marine Protection, Research, and Sanctuaries Act (Act), as amended, concurrence from the U.S. Environmental Protection Agency is based upon compliance with the criteria, conditions, and restrictions established pursuant to Sections 102(a) [environmental criteria], and Section 102(c) [disposal site designation and management] of the Act. Based upon our review of your request, as well as the supplemental information, the EPA has determined that the proposed material meets the Ocean Dumping Criteria (ODC). This concurrence applies to project segments defined as maintenance areas throughout the Jacksonville Harbor, including the navigation channels from the entrance channel of the harbor to approximately river mile 13, two areas at Training Wall Reach and St. Johns Bluff Reach, and two turning basins at Blount Island and Brills Cut, as well as improvements at Blount Island. Project segments will be dredged to approximately -47 feet mean lower low water (MLLW), plus -2 feet of allowable overdepth and -2 feet of advanced maintenance overdepth for dredging units 1-4, 10, 12, 15-17, 20-21, and 27-31, bringing the total project depth at those segments to -51 feet MLLW. Dredging may be conducted by either mechanical or hopper/cutter dredge, depending on project segment, timing, and equipment availability. Disposal of material is proposed at the Jacksonville Ocean Dredged Material Disposal Site (ODMDS), Zones B, C, and D, as appropriate. EPA extended the concurrence until September 3, 2025, and stated the following:
… the EPA has determined that a six-month extension of the concurrence is approved for the proposed dredged material previously characterized and indicated to meet the Ocean Dumping Criteria. Therefore, the EPA concurrence expiration date shall be amended to September 3, 2025. No other changes have been proposed, reviewed, or approved and all conditions previously listed in the EPA concurrence letter dated March 3, 2022, still apply. As such, this concurrence applies to project segments defined as maintenance areas throughout the Jacksonville Harbor, including the navigation channels from the entrance channel of the harbor to approximately river mile 13, two areas at Training Wall Reach and St. Johns Bluff Reach, and two turning basins at Blount Island and Brills Cut, as well as authorized port berths at JaxPort, including JPA Blount Island and MOL. All other components of the previous concurrence issued on March 3, 2022, are in effect.
COMPOSITION OF THE MATERIAL REQUESTED FOR DSPOSAL WITHIN THE JACKSONVILLE ODMDS:
The applicant provided the following information:
The following information was collected from the “Final Report Jacksonville Harbor Deepening and Widening MPRSA Section 103 Sediment Characterization Testing Jacksonville, Florida” prepared for the U.S. Corps of Engineers Jacksonville District by ANAMAR Environmental Consulting, Inc., August 2015. This report includes dredge material samples taken from Dames Point Marine Terminal Berths 16-18 and Turning Basin, Blount Island Berths 30-35, and the JEA Coal Berth. Based on grain size distribution analysis from composite samples collected from the requested facilities sand was the predominant soil type ranging from 77.5-87.5%. Soil components of silt (2.5-15.3%), clay (5.1-7.8%), and gravel (0.3-4.1%) were also reported.
JACKSONVILLE ODMDS: The Jacksonville ODMDS site is located 4.4. nautical miles (nmi) offshore and is 3.7 nautical miles (nmi) long on the west side and 2.7 nmi long on the east side. It is 1 nmi long on the north side and 1.3 1.3 nmi wide on the south side. In total it is 4.56 nmi2 in size. The site is centered at approximately centered at approximately 30ο 19.289'N latitude and 81ο 17.739’W longitude (NAD 83) or state plane coordinates 2176969.70 ft N and 562883.97 ft E (NAD83). Since 1952, the area now designated as the Jacksonville ODMDS and vicinity has been used for disposal of dredged material (e.g. sand, silt, clay, rock) primarily from the Jacksonville Harbor Navigation Project, Naval Station Mayport entrance channel, and Naval Station Mayport turning basin. The Jacksonville ODMDS received interim site designation status in 1977 and final designation in 1983. The Jacksonville ODMDS was expanded in 2015 and includes the area as described above. PROPOSED WORK: The applicant seeks authorization for ocean disposal of approximately 200,000-300,000 cubic yards of dredged material to the Jacksonville ODMDS site in the Atlantic Ocean from the JAXPORT Dames Point Marine Terminals 16-18 and Turning Basin, Blount Island Berths 30-35, and the JEA Coal Berth. The exact quantity of material to be disposed of at the ODMDS would be dependent on the maintenance dredging needs. AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: “The avoidance and minimization of negative environmental impact is accomplished by restricting the dredge footprint to areas previously dredged in which there are no
benthic resources. In addition, transport to the Jacksonville ODMDS will incorporate all necessary BMPs included in the existing permit and those required by the EPA in the Section 103 concurrence letters.”
COMPENSATORY MITIGATION: No mitigation is being proposed as the activity involves the transport and disposal of dredged material at the Jacksonville ODMDS.
CULTURAL RESOURCES: The area now designated as the Jacksonville ODMDS has been used as an ocean disposal location since 1952. With regard to the Jacksonville ODMDS expansion section, as stated in Federal Register Notice 80 FR 61757 pages 6157-61765, “A submerged cultural resource survey of the area including the use of magnetometer, side scan sonar, and sub-bottom profiler was conducted in 2011. A follow-up archaeological diver investigation was conducted in 2012. No historic properties were found within the expanded ODMDS boundaries and SHPO concurred with the determination that designated the expanded ODMDS would have no effect on cultural resource listed, or eligible for listing on the NRHP.”
ENDANGERED SPECIES:
a)The Corps has determined the proposed transport of the dredged material to theJacksonville ODMDS and the disposal of the dredged material at the JacksonvilleODMDS may affect, but is not likely to adversely affect Atlantic and shortnose sturgeon,Green Sea Turtle, Hawksbill, Kemp’s Ridley, Leatherback, Loggerhead, North Atlanticright whale, blue whale, fin whale, Sei whale and sperm whale. The transportation andthe disposal will have no effect on the North Atlantic right whale critical habitat.
The proposed transportation and disposal are subject to the 2020 South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States (2020 SARBO) requirements.
b) The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus). 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-G-N-O-P5 – May affect, not likely to adversely affect. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of May affect, not likely to adversely affect based on the key for manatees; and, that no additional consultation is necessary.
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 proposed transportation of the dredged material would have no significant adverse effect on EFH.
The proposed disposal will occur at the Jacksonville ODMDS, which impacts 4.56 square nautical miles with an approximate depth of 56 feet. The Jacksonville ODMDS has been designated by the Administrator of the EPA pursuant to Section 102 of the Marine Protection, Research, and Sanctuaries Act as an ODMDS. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the water column and substrate. 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 activities 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, 701 San Marco Boulevard, Jacksonville, Florida 32207 within 15 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.d.sanders@usace.army.mil or by telephone at (904)232-1171.
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 progmulgated 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.
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.