SAJ-2025-00170 (SP-ALD)

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, Alexi Depp, by email at Alexi.L.Depp@usace.army.mil.

APPLICANT: RLK Real Estate & Development, LLC.

                     Attn: Randy Knapp

                     361 Denton Avenue

        Auburndale, FL 33823

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the St. Johns River (HUC 12 (030801012001)).  The project site is located at 1820 Ormonds Jungle Den Rd.; at latitude 29.178267° and longitude -81.530185°; in Astor, Volusia County, Florida.

EXISTING CONDITIONS: The project location is a waterfront property along the St. Johns River with two internal canals (north and south). The shoreline is a mix of structures and undeveloped shorelines. The existing structures onsite are comprised of timber decking and piles totally ~57,000 sq. ft., one concrete boat ramp, and ~3,600 linear ft. of bulkheads.

PROJECT PURPOSE:

Basic:  Rehabilitation of existing docks, bulkheads, and boat ramp.

Overall: Removal and replacement of docks, bulkheads, and boat ramp as part of a revitalization of the historic marina and RV park in Astor Florida. Place fill into surface waters to reduce the length of the south canal.  

PROPOSED WORK:  The applicant requests authorization to expand the existing dockage from 171 wet slips up to a 199 wet slips, replace bulkheads, and relocate and expand the boat ramp. The proposed work includes:

1.  Remove existing dock structures (~57,000 sq. ft.), as needed.

2.  Install approx. 43,500 sq. ft. of new docks

A. Install two hundred fourteen (214) 14-inch diameter, or smaller, concrete piles.

B. Install three hundred thirty-five (335) 12-inch diameter wood piles.

3.  Remove and replace boat ramp in a new location

4.  Install 2,903 linear ft. of new bulkheads

A. Steel sheet pile bulkheads 618 linear ft.

B. Vinyl sheet pile bulkheads 2,285 linear ft.

C. Install by impact hammer

                 5. Install a wier

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“Construction activities shall be conducted using barge-based and/or land-based mechanical equipment. The draft of the barge, tug boat and/or push boat is not expected to exceed four (4) feet. Piles shall be installed using mechanical pile driving equipment with minimum water jetting techniques in an effort to minimize disturbance of the bottom. Turbidity screens will be installed around the periphery of barge-based operations during demolition and construction activities. Upon completion of demolition and construction, the upland staging area will be restored to its pre-construction condition. Best management practices shall be used at all times during demolition and construction.”

COMPENSATORY MITIGATION: The applicant is replacing and relocating multiple Section 10 structures. But there is a 0.55-acre area within the South Canal that is proposed for partial filling and conversion to a stormwater retention area. Wetland resources in this location have not yet been evaluated but aerial imagery shows it as predominately open water. Compensatory mitigation may be required for unavoidable losses to aquatic resources.   

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) SERO 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.

This notice serves as a request to the U.S. Fish and Wildlife 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. Pursuant to Section 7 ESA, any required consultation with the Service will be conducted in accordance with 50 CFR part 402.

Table 1. ESA-listed Species in the Action Area and Effect Determination(s)

E = endangered; T = threatened; NLAA = may affect, not likely to adversely affect; LAA = Likely to adversely affect, NE = no effect; N/A = not applicable

Effects determination: “No effect” for Eastern Black Rail, Everglade Snail Kite, Florida Scrub Jay, Red-cockaded Woodpecker, and Wood Stork due to a lack of suitable habitat being affected. “May affect, not likely to adversely affect” the Eastern Indigo Snake and West Indian Manatee.
 

Basis for “May affect, not likely to adversely affect” determinations:

1. Eastern Indigo Snake: The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) North Florida Ecological Services Field Offices Consultation Key for the Eastern Indigo Snake (January 2010, amended August 2013). Use of the Key resulted in the following sequential determination: A (Project is not located in open water or salt marsh) > B (Permit will be conditioned for Standard Protection Measures) > C (There are gopher tortoise burrows, holes, etc. where a snake could be buried or trapped and injured) > D (Project will impact less than 25 acres of xeric habitat) > E (Permit will be conditioned that all gopher tortoise burrows will be evacuated prior to site manipulation…) = May affect, not likely to adversely affect. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key. No further consultation was required.

2. West Indian Manatee: The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A, B, C, G, H, I, J, K = May affect.

Volusia County staff have reviewed the project under their Manatee Protection Plan (MPP). Their review and comments are provided as an attachment to this letter. The County staff stated that there are 171 wet slips that are considered part of the existing facility. Expansion of the facility was considered using shoreline ratios. Their final review supported 37 slips along “Jungle Den” which has 1,248 ft. of shoreline and the interior canals would allow for 162 slips along the 5,412 ft. of shoreline for a total of 199 slips on the property. The increase of 28 slips would be subject to the County’s Manatee Mitigation Fee. The applicant will also utilize a turbidity curtain for all in-water work and monitor for turbidity during construction activities. Utilizing these best management practices, the specific siting the multi-family dock, its location in state designated “Max 30 MPH/25 MPH Night (All Year)” zone, the Standard Manatee Conditions, and the additional requirements for “Installation of metal sheet piles by impact hammer” as outlined in the USFWS addendum to the Manatee Key (dated 13 May 2019, and listed in the subsequent paragraph) will greatly limit potential impacts to the manatee. Therefore, the Corps has determined the project May affect, not likely to adversely affect the West Indian Manatee and seeks the Service’s concurrence.

In addition to the Standard Manatee Conditions, the applicant will be required to:

a) Use at least one dedicated manatee observer, with all work being stopped if a manatee is observed within 1000 feet;

b) No work shall occur outside of daylight hours (defined as one-half hour after sunrise to one-half hour before sunset); and,

c) Install no more than 5 metal piles/day.

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.

The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). Project is located within a freshwater riverine system that is approx. 120 river miles from the Atlantic Ocean. NOAA’s EFH mapper shows that two species may occur in the project area (Bluefish and Summer Flounder) but neither species are diadromous and, as such, do not occur this far into a freshwater system. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel but is ~110 ft. from the main channel within the St. Johns River.

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. The project is being reviewed under SJRMWD application no. 209601-2.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the St. Johns River Water Management District. 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 August 22, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Alexi Depp, by email at Alexi.L.Depp@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Alexi Depp, 400 High Point Dr., Cocoa, FL 32926.  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.

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