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). The purpose of this public notice is to solicit comments from the public regarding the work described below:
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at paula.r.johnson@usace.army.mil.
APPLICANT: Stanley Pipes
Harbour Waterways Special District
11554 Starboard Drive
Jacksonville, Florida 32225
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Mill Cove. The project site is located in a residential canal that is connected to Mill Cove, at 4639 Harbour North Court, in Section 32, Township 1 South, Range 28 East, Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The project site is located in the Harbour North subdivision on an upland parcel located along a residential canal that is connected to Mill Cove, a navigable water of the United States. The site is used to accommodate a residential marina and boat ramp for the Harbour North subdivision. The site currently contains work that began on a boat ramp, bulkhead, multi-slip residential dock, and temporary coffer dam, all of which require Department of the Army (DA) authorization.
PROJECT PURPOSE:
Basic: The basic project purpose is navigation.
Overall: The overall project purpose is to provide access to navigable waters for the Harbour North subdivision.
PROPOSED WORK: The applicant is requesting DA authorization to continue the following work that includes the construction of a temporary coffer dam that measures 24-foot by 30-foot by 30-foot and 94-linear feet of bulkhead that includes a walkway that partially hangs over the waterway. The applicant is requesting DA authorization to continue the installation of 180-linear feet of vinyl sheet piling, the construction of a 20-foot by 54-foot boat ramp, and the associated docks. The proposed docks include the following: a 3-foot by 39-foot dock located along the east side of the boat ramp and a dock located along the west side of the boat ramp that includes a 4-foot by 16-foot walkway with an 8-foot by 22-foot platform, a 3-foot by 12-foot gangway and an 8-foot by 16-foot floating dock. The applicant also began the construction and installation of a 3-foot by 12-foot gangway, with a 4-foot by 81-foot floating dock, two 4-foot by 18-foot finger piers, one 4-foot by 20-foot finger pier, and six boat lifts.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: All work is repair or replacement of existing structures within a manmade canal system. No Submerged resources in the vicinity of the facility. BMPs for water quality and Manatee Construction Conditions for all In-water work will be followed.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: No mitigation is proposed as the project does not impact any jurisdictional 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, federally recognized tribes and other interested parties.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed work may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Loggerhead sea turtle (Caretta caretta), Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata), Kemp's Ridley sea turtle (Lepidochelys kempii), Smalltooth sawfish (Pristis pectinata), and Shortnose sturgeon (Acipenser brevirostrum). The Corps determined that the work would have no effect on the Wood Stork (Mycteria Americana).
ESSENTIAL FISH HABITAT (EFH): Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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 structure or activity is 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 of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the St. Johns River Water Management District (SJRWMD).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SJRWMD. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.
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. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 28, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Paula R. Johnson at paula.r.johnson@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Paula R. Johnson, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Click Here for Public Notice and Graphics