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: Jacksonville Intracoastal, LLC
Attention: Jeff Klotz
645 Mayport Road Ste 5
Atlantic Beach, Florida 32233
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Pablo Creek / Intracoastal Waterway. The project site is located at 13911 Atlantic Blvd (Duval County Property Appraiser – Parcel Identification Number 167140 0100), in Section 38, Township 2 South, Range 28 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: Traveling from downtown Jacksonville take I-95 South then exit 344 towards Jacksonville Beaches and continue on FL-202 E and go 4.9 miles. Then take exit on Kernan Boulevard and kept left towards the University of North Florida and continue on Kernan Boulevard for 4.8 miles. Next take the ramp onto FlL-10 E / Atlantic Boulevard and follow for 2.5 miles. Next take a slight right onto River Drive, then turn left onto Atlantic Boulevard Service Road. Turn left into the site that is on the north site of the road prior to traveling over the bridge over the Intracoastal Waterway.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.32453°
Longitude - 81.440723°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide water access and stabilize the shoreline
Overall: The overall project purpose is to create a commercial marina to provide water access and to stabilize the shoreline on the Intracoastal Waterway between the Wonderwood Expressway and Beach Boulevard, Jacksonville, Duval County, Florida.
EXISTING CONDITIONS:
- Existing Conditions: The project is located within a estuarine intertidal open water system and the onsite vegetation consists of 0.28 acres of salt marsh. The project site is an abandoned commercial shipyard. A bulkhead exists along the shoreline, with some areas that are dilapidated. The existing area surrounding the project area consists of cleared, undeveloped uplands to the west, Atlantic Boulevard to the south, and the Intracoastal Waterway federal channel to the east.
- Project History:
- The project site has prior permitting associated with SAJ-1962-00330, SAJ-1975-03755, SAJ-1975-03815, and SAJ-1985-00758 for maintenance dredging of the basin.
- State Permit History:
- On January 3, 2001, the Florida Department of Environmental Protection (FDEP) issued an exemption verification under FDEP site number 16-0178452-001-EE to perform maintenance dredge 7,500 cubic yards of material from a man-made basin to a dept of -25 feet below the mean low water line.
- On September 12, 2002, FDEP issued an individual permit under FDEP site number 16-0178452-002-ES to construct 1,740-square-foot finger piers to support a travel lift for hoisting boats out of the water for inspection. The proposed structure would consist of two 15-foot by 116-foot piers.
- On December 11, 2023, an application was submitted to FDEP under FDEP site number 16-0178452-004-EI and is currently under review.
PROPOSED WORK: The applicant seeks authorization for the following:
1. To maintenance dredge 2,459-cubic-yards of sediment from 57,529-square-feet of waters of the United States (open, tidal water) to a depth of -8 NAVD88 and to maintenance dredge 2,756-cubic-yards of sediment from 16,986-square-feet of waters of the United States (open, tidal water) to a depth of -10 NAVD88. The dredging would take place from a floating barge. Dredge material would be placed in uplands in a self-contained location where a discharge of return water into waters of the U.S. would not occur.
2. To replace an existing seawall and to construct a new seawall within waters of the United States (open, tidal water) for shoreline stabilization and to support a proposed marina. The seawall would be 2,553 linear feet long and would be placed 1 foot to 4.25 feet waterward of the existing seawall or at the toe of the slope in areas where no existing seawall exists.
3. To place 3,325-cubic-yards of clean fill into 0.29 acres of waters of the United States (3,195 cubic yards into 0.27 acres of tidal wetlands and 130 cubic yards into 0.024 acres into open water) for backfill behind the seawall.
4. To remove the existing 57-foot by 378-foot concrete pier and the 150 support piles in waters of the United States (open, tidal water). The existing dock will be cut into manageable sections and removed to an off-site upland disposal site.
5. To install a commercial marina with overwater dock structures with 136 wet slips and 514 dry slips in a dry dock storage area in uplands. The docks would include the following:
- The event platform would be 2,272 square feet and have a 4-foot by 60-foot gangway leading down to Dock A.
- Dock A that would be 8-foot-wide by 607-foot-long with two (2) 5-foot-wide by 36-feet-long finger piers, six (6) 5-foot by 46-foot-long finger piers, four (4) 5-foot by 50-foot-long piers, and terminating into an 8-foot by 64-foot-long pier. This dock will accommodate 26 boat slips.
- Dock B1 that would be 7-feet-wide by 54-feet-long widening to 8-feet-wide by 145-feet-long with one (1) 5-feet-wide by 40-feet long finger pier, and two (2) 5-feet by 50-foot-long finger piers. This dock will accommodate 8 boat slips.
- A 4-foot by 60-foot gangway leading down to Dock B2. Dock B2 is 8-foot wide by 441-foot-long.
- Dock C that would be 10-feet-wide by 101-feet-long with a 5-foot by 120-foot-long finger pier, and an 8-foot by 120-foot-long finger pier at the terminal end. This dock will accommodate 10 boat slips.
- Dock D that would be 10-feet-wide by 101-feet-long with a 5-foot by 140-foot-long finger pier, and an 8-foot by 140-foot-long finger pier at the terminal end. This dock will accommodate 10 boat slips.
- Dock B3 extends off B2 and is 8-feet-wide by 59-feet-long and lead to a 4-ft by 54-foot gangway and terminates in a 10-foot by 10-foot fixed landing.
- Dock B4 extends off B3 and is 12-feet by 407-feet long and will accommodate 3 slips on the north side of the structure.
- Dock E that would be 10-feet-wide by 115-feet-long with 6-foot-wide by 70-foot-long finger pier, a 7-foot-wide by 80-foot-long finger pier, and an 8-foot by
88-foot-long finger pier located at the terminal end.This dock will accommodate 10 boat slips.
- Dock F would include a 15-foot-wide by 127-foot-long pier with a 7-foot by 80-foot-long finger pier, and an 8-foot by 95-foot-long finger pier at the terminal end. The dock will accommodate 6 boat slips.
- Dock G would include a 10-foot by 318-foot-long pier with seven (7) 4-foot by 40-foot-long finger piers and termination in a 10-foot by 40-foot-long finger pier, and a total of 24 boat slips.
- Dock H would include a 6-foot by 80-foot gangway leading to a floating dock that would be 90-feet wide by 342-feet long, include one (1) 6-foot by 60-foot-long finger pier, five (5) 6-foot by 70-foot-long finger pier, and ending in a 25-foot by 90-foot platform, and 14 boat slips.
- The temporary stagging dock would include four (4) 4-foot by 40-foot-long gangways which lead to four (4) 12-foot by 80-foot-long floating docks. This dock will accommodate 16 temporary staging slips.
- City of Jacksonville Staging Docks would include an 8-foot by 8-foot fixed dock off the bulkhead leading to a 5-foot by 28-foot gangway which leads to a 14-foot by 46-foot dock that includes a 5-foot by 46-foot-long finger pier, and a 6-foot by 60-foot finger pier and accommodates 2 slips.
- The docks would include five 24-inch concrete square piles installed by impact hammer and 215 (two hundred and fifteen) 24-inch steel piles installed by vibratory method.
- The removal of one hundred and fifty (150) 24-inch steel piles removed by vibratory method.
6. To install a 35-foot by 100-foot two lane boat ramp into waters of the United States (open, tidal water) by excavating 856 cubic yards of material from 0.08 acres of open water below the mean high-water line. The boat ramp would be associated with 30 parking spaces. The end of the boat ramp would be placed -6.5 feet NAVD88 below mean low water.
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 site was an old shipyard. The existing seawall is failing in places and the substrate is muck and debris from the shipyard operations. The usage of an existing basin and improving it is minimizing impacts to the surrounding environment. Additionally, improving the existing facility and eliminating potential contaminants from the historic usage is an overall improvement to the waterway.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“Mitigation credits will be purchased from an appropriate mitigation bank to compensate for loss of function of these wetlands.”
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 ran a Regulatory Screening Tool (RST), using the Regulatory Viewer, for the ESA action area, which included an approximate 0.1-mile buffer. The RST Report indicated that the following federally listed species have the potential to be affected by the proposed project: Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus); West Indian manatee (Trichechus manatus), Wood Stork (Mycteria americana), Smalltooth Sawfish (Pristis pectinata), green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), and loggerhead sea turtle (Caretta caretta).
Additionally, the RST also indicated that the USFWS Information for Planning and Consultation (IPAC) species list for the Duval County Range that have habitat and could be located within the project site include: Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Eastern Indigo snake (Drymarchon couperi), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Red-cockaded woodpecker (Picoides borealis), Rufa Red knot (Calidris canutus rufa), Tri-colored bat (Perimyotis subflavus), and Whooping crane (Grus americana).
NO EFFECT:
On 18 July 2024, the Corps executed an RST report. The RST indicated that the Information for Planning and Consultation (IPAC) species that are found within Duval County could include the :Tri-colored bat (Perimyotis subflavus) and Whooping crane (Grus americana). 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 RST 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.
Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis): The species is listed as an IPAC species in the Duval County range, per U.S. Fish and Wildlife Service (USFWS). Therefore, the Corps evaluated potential effects to this species. Black rails require dense vegetative cover that allows movement underneath the canopy. Because birds are found in a variety of salt, brackish, and freshwater marsh habitats that can be tidally or non-tidally influenced, plant structure is considered more important than plant species composition in predicting habitat suitability. When shrub densities become too high, the habitat becomes less suitable for eastern black rails. Soils are moist to saturated, occasionally dry, and interspersed with, or adjacent to, very shallow water of 1 – 6 centimeters. Eastern black rail habitat can be tidally or non-tidally influenced, and range in salinity from salt to brackish to fresh. Tidal height and volume vary greatly between the Atlantic and Gulf coasts, and therefore, contribute to differences in salt marsh cover plants in the bird’s habitat. In the northeastern United States, the eastern black rail can typically be found in salt and brackish marshes with dense cover but can also be found in upland areas of these marshes. Further south along the Atlantic coast, eastern black rail habitat includes impounded and unimpounded salt and brackish marshes. The project site contains salt marsh, but the proposed fill area lacks the appropriate vegetation needed for suitable habitat. Therefore, the Corps determined the proposed work would have no impact on this species.
MAY AFFECT
The Corps has determined the proposal may affect the Shortnose sturgeon (Acipenser brevirostrum), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), smalltooth sawfish (Pristis pectinata), green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), and loggerhead sea turtle (Caretta caretta). The proposed work does not fall under the Jacksonville Programmatic Biological Opinion (JAXBO) due to the proposed work not meeting the A2.1.3 that states that marinas are limited to a maximum total of 50 slips, including a combination of wet and dry slips, as the proposed marina would host 136 wet slips and 514 dry slips formal consultation with the National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act by separate letter.
West Indian manatee (Trichechus manatus): The Corps has determined the proposed project may affect the West Indian Manatee (Trichechus manatus). The work proposed would result in a marina with 186 in water slips and 400 dry slips. Use of the United States Fish and Wildlife Service’s (USFWS) Manatee Key Florida, April 2013 resulted in the sequence A-B-C-G-H-I-J-K-may affect as the project has not been reviewed by the Florida Fish and Wildlife Conservation Commission to determine if the project is consistent with the State’s Manatee Protection Plan. The Corps will request initiation of formal consultation with the USFWS pursuant to Section 7 of the Endangered Species Act by separate letter.
MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT:
Eastern indigo snake (Drymarchon corais couperi): The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi). The Corps utilized the Eastern Indigo Snake Programmatic Effect Determination Key January 25, 2010, addendum August 13, 2013, which resulted in the sequence A-B-C-not likely to adversely affect as there are no gopher tortoise burrows, holes, cavities or other refugia where a snake could be buried or trapped or injured during project activities. The USFWS previously indicated that they concur with determinations of not likely to adversely affect based on that key; and, that no additional consultation is required.
Wood Stork (Mycteria americana): The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana). The project site is within the 13-mile United States Fish and Wildlife Service (USFWS) North Florida core foraging area for a Wood Stork nesting colony. The Corps evaluated potential effects to Wood Stork using 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. Use of this key resulted in the sequential determination A > B > C > not likely to adversely affect, as the project would affect less than 0.5 acres of suitable foraging habitat. The USFWS previously indicated that they concur with determinations of not likely to adversely affect based on that key; and, that 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 0.02 acres of salt marsh and 1.71 acres of open water utilized by various life stages of clearnose skate, shrimp, snapper grouper, spiny lobster, and windowpane flounder. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Pablo Creek / Intracoastal waterway. 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 82.5 feet away from the near bottom edge of the Intracoastal Waterway federal channel.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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 32232 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, Janice Price, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232; by electronic mail at Janice.R.Price@usace.army.mil; by facsimile transmission at (904)232-1904; or, by telephone at (904)251-9193.
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 may be required from the FDEP. The project is being reviewed under FDEP application no. 16-0178452-004-EI.
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.