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 Tracy.d.sanders@usace.army.mil.
APPLICANT: Nathan Chenarak
Naval Station Mayport
Public Works Officer
1 Massey Avenue
Jacksonville, Florida 32228
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the St. Johns River. The project site is located at near 1 Massey Avenue in Section 29, Township 1 South, Range 29 East; at latitude 30.400372° and longitude -81.420850°; in Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The proposed project is located within open tidal waters of the St. Johns River at the Naval Station Mayport waterward of and adjacent to the existing Fuel Farm. An existing riprap revetment is present along the shoreline adjacent to the proposed project area. The shoreline has experienced significant erosion during past storms as well as annual erosion. The proposed project area does not include tidal wetland vegetation or submerged aquatic vegetation.
PROJECT PURPOSE:
Basic: The basic project purpose is for shoreline restoration and protection.
Overall: The overall project purpose is to restore and protect the shoreline of the critical Fuel Farm facility at NS Mayport.
PROPOSED WORK: The applicant requests authorization to discharged 2,587 cubic yards of fill material (limestone) into a total of 0.56 acres of open tidal waters for the construction of four (4) 95’ long X 55’ wide oyster reef breakwaters for shoreline restoration and protection. Each oyster reef breakwater would be placed on 6” marine mattress/gabion mats, which are cage-like structures filled with stones and used for erosion control, scour protection, and submerged foundation projects. No dredging is proposed. All construction would be carried out from the water by use of barge and other vessels, which would access the site from the St. Johns River.
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 project was designed to prevent entrapment of manatees with sufficient distances between the breakwater structures. Fill will be placed within a turbidity barrier and during times of lower velocities if needed to protect water quality. In addition, navigation marker(s) will likely be installed near the breakwater structures per the US Coast Guard and/or FWCC requirements for boater’s safety and awareness.
In addition, the applicant states:
The contractor will install and maintain turbidity barriers to contain suspended sediment that may occur as the result of construction. The Contractor will deploy turbidity barriers around isolated areas of concern and within the staging area limits. Barriers will be placed prior to the commencement of any inwater work activities in accordance with the details shown in the Plans. The type of barrier used and
deployed will minimize dispersion of turbid water from the construction site.
COMPENSATORY MITIGATION:
The applicant has provided the following explanation why compensatory mitigation should not be required:
No impacts to wetlands would occur.
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.
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 project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.
The Corps has determined the proposed project may affect, but is not likely to adversely affect Atlantic 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), loggerhead sea turtle (Caretta caretta), wood stork (Mycteria americana), and West Indian manatee (Trichechus manatus).
The Corps will request U.S. Fish and Wildlife[MB1] and National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.
This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: 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.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 0.56 acres of open tidal waters and substrate. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:
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 338 feet away from the near bottom edge of the Jacksonville Harbor federal 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 Florida Department of Environmental Protection (FDEP).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. 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. 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 Tracy Sanders at Tracy.d.sanders@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Tracy Sanders, 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.
[MB1]Please confirm if it is NMFS, FWS, or perhaps both?
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