SAJ-2024-03958(SP-ANS)

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 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 Amber.N.Goldberg@usace.army.mil.

APPLICANT: Keith Wicker

                          The Industrial Company (TIC)

                          531 Trout River Drive

             Jacksonville, Florida 32208

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Trout River. The project site is located at 531 Trout River Drive, in Section 50, Township 1 South, Range 27 East, in Jacksonville, Duval County, Florida. The project site’s approximate central coordinates are latitude 30.3879° and longitude -81.6402°.

EXISTING CONDITIONS: The project site is located within an estuarine subtidal system, known as Trout River. The project site is located at Duval County Property Appraiser – Parcel Identification Number 033257-0000. The project is located within an estuarine subtidal system, known as Trout River. There is no submerged aquatic vegetation, mangrove, or salt marsh habitat within the project footprint. The parcel owned by the applicant, 531 Trout River Drive, features an undeveloped industrial lot with no permanent structures. Historically the facility was improved with a marina (late 1900s to 2005). The adjoining areas are improved with an undeveloped industrial yard, single-family residences, Shaw Family Seafood Company (industrial), and Bill Dye Marina.        

PROJECT PURPOSE:

Basic: Not Applicable.

Overall: The overall project purpose is to construct dock structures to facilitate the transportation of equipment and materials by barge to and from the contractor storage yard in Jacksonville.

PROPOSED WORK: Based on a review of the provided drawings, the proposed work would include the following:

1. Bulkhead: Construction of a 50-foot-long sheet pile bulkhead with concrete cap partially along the mean high-water line (MHWL) and high tide line (HTL). The bulkhead would feature 25-foot wingwalls on both sides of the bulkhead that partially enclose a proposed upland gravel ramp. There would be a no discharges of fill into tidal waters associated with the proposed bulkhead.

2. Floating Dock: Construction of a 4-foot-wide by 56-foot-long aluminum gangway leading from a concrete pile cap in the uplands to a 10-foot-wide by 30-foot floating dock. Two concrete guide piles would be installed on opposite corners of the floating dock.

3. Loading Pier: Construction of a 50-foot by 75-foot concrete loading pier featuring four steel piles with rubber fender at the waterward edge of the pier. The loading pier would feature two (2), 55-foot by 180-foot temporary barge mooring slips and one (1) 12-foot by 24-foot push boat slip. Four (4) steel piles would be installed by a vibratory methodology on the western edge of the barge slip location.

4. Crane: A Leibherrr LR1300 (300T) or Manitowoc 12000 (120T) crane would be positioned on the loading pier to assist with loading/unloading activities associated with the upland commercial activities. The crane would not be permanently mounted on the loading pier and would be removed and stored within the uplands of the property when not in use.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: “Concrete piles will be used to minimize noise impact. All abutments will be constructed within the uplands and would be landward of the mean high-water line. The applicant will follow the Standard Manatee Conditions for In-Water Work (2011) for all in-water activities.”

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required as the “proposed project does not result in the loss of more than 1/10^th an acre of 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) Southeast Region 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.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

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 0.797-acres (concrete pier and barge slips) and 0.44-acres (floating dock) of open water tidal habitat. 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:

Table 2: Essential Fish Habitat species.

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 Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP Application No. 16-0202107-001-EI.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the 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 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 28, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Amber Stroble at Amber.N.Goldberg@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Amber Stroble, P.O. Box 4970 Jacksonville, Florida 32232. 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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