SAJ-2018-00349 (SP-TMM)

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 Terri.M.Mashour@usace.army.mil.

APPLICANT: Attention: Stephen Hammond

                        St. Johns County

                        500 San Sebastian View

           St. Augustine, Florida 32084

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Atlantic Ocean. The project site is located between Florida Department of Environmental Protection Range (R) Monuments R-76 and R-103.5, which is a 5.5-mile-long section of beach within Sections 6, 7, 17, 18 and 20, Township 6 South, Range 30 East and Sections 30 and 31, Township 5 South, Range 30 East, South Ponte Vedra Beach and Vilano Beach, St. Johns County, Florida. The pipeline corridor nearshore area is located within the entire nearshore area of the Atlantic Ocean from R-76 – R-103.5. The borrow area associated with this project is Borrow Area N-1 Modified, which is located at Latitude 30.1484446, Longitude -81.2714366 approximately 10.2 miles northeast of the sand placement area and 4.1 miles due east of R-45. The north staging area is located at 2700 Ponte Vedra Boulevard (public parking access adjacent to the north of the Exxon Gas Station) and the south staging area is located at 2995 South Ponte Vedra Boulevard (South Ponte Vedra Park), both located in Ponte Vedra Beach, St. Johns County, Florida.

EXISTING CONDITIONS: The initial South Ponte Vedra beach restoration project was constructed in mid-2022 to restore the eroded shoreline due to impacts from Hurricanes Matthew and Irma. Following construction, the 2022 hurricane season caused substantial erosion to the newly restored South Ponte Vedra beach. The 2023 and 2024 storm seasons have further eroded the beach.

PROJECT PURPOSE:

Basic: The basic project purpose is shoreline stabilization.

Overall: The overall project purpose is to modify the original permit to allow for additional shoreline stabilization in the navigable Atlantic Ocean from R-76 through R-103.5 in South Ponte Vedra, St. Johns County, Florida.

PROPOSED WORK:  The applicant requests authorization to modify the existing permit as follows:

1. To conduct one maintenance event of dredge and sand placement along the Atlantic Ocean shoreline between R-76 and R-103.5. The proposed work would include new dredging of 2.1-million-cubic-yards of fill from a 445-acre borrow area N-1 Modified (which is a different borrow area than the original authorization) to a depth of -51-feet NAVD 88 and new placement of 679,405 cubic yards of fill into 140.6 acres of Waters of the United States (652,895-cubic-yards of fill into 138.4 acres of Section 10/404 waters waterward if the mean high water line, 26,510-cubic-yards of fill into 2.2 acres of Section 404 waters between the High Tide Line and Mean High Water Line). There would be 370,826-cubic-yards of fill placed into 77-acres of uplands non-jurisdictional to the Corps, but would be reviewed for NEPA, Endangered Species Act, and Section 106. The total fill for the maintenance event would be 1,050,231-million-cubic-yards of sand placed into 217.66 acres. The proposed work would be conducted by hopper dredge.

The project is the nourishment of South Ponte Vedra (SPV) beaches and dunes by St. Johns County (SJC) currently authorized and completed under SAJ-2018-00349. The alongshore (R-76 to R-103.5) and landward extents (tie into existing dunes/structures) of the fill template would remain the same as currently authorized. The changes proposed to the beach template include an increase in berm elevations and berm widths in some project segments making them more consistent throughout, and a gentler foreshore slope from 10:1 to 15:1 across the project domain that would tie into the existing bathymetry. The resulting dimensions across the project domain are indicated in the table below and those in bold italics indicate the proposed changes to the currently authorized beach fill template.

Table 1 Proposed design features

2. The applicant also seeks authorization to conduct a second nourishment event as needed to include dredging 1,500,000-cubic-yards of fill from Borrow Area N-1 Modified and placing the sand into 140.6 acres of aquatic resources, with 77 acres of sand placement in uplands that are not jurisdictional to the Corps in the same authorized beach template.

3. Lastly, the applicant seeks authorization to increase the hopper dredge pipeline corridor area from solely being lain on the ocean floor in five approved corridor locations to the ability to place the hopper dredge pipelines anywhere within the nearshore area between R-76 and R-103.5 within the following coordinates box:

Both of the staging areas, located at 2700 Ponte Vedra Boulevard (public parking access adjacent to the north of the Exxon Gas Station) and 2995 South Ponte Vedra Boulevard (South Ponte Vedra Park) will be closed to public parking, which may be for approximately 8 – 12 weeks to allow for staging of equipment and heavy machinery.

There is a potential for sediment dredged from Borrow Area N-1 Modified to contain Munitions and Explosives of Concern (MEC). The Corps will work with the applicant to develop measures to mitigate this risk, which may include screening of dredged sediment and/or observation by qualified Ordinance and Explosive Safety Specialist (OESS) prior to placement. This screening process to mitigate the risk of MEC may incidentally capture biotic and abiotic material which will be monitored and situationally integrated into the beach fill template.

The U.S. Department of Interior (DOI), Bureau of Ocean Energy Management (BOEM), has the sole regulatory authority over the use and conveyance of OCS sand resources under the OCS Lands Act. The Corps and the applicant are coordinating with BOEM for authorization of use of federal sand resources from the borrow area. The applicant is coordinating with the Federal Emergency Management Agency (FEMA) for federal review and partial funding for the project.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: “Methods proposed to reduce the potential for impacts to the waters of the US include construction of a sand dike ahead of slurry discharge to maximize settlement of sand onto the beach and minimize the level of turbidity in the return water discharge. Analysis of the borrow area sediments indicates a very low silt content (1.86% silt based on % passing the #230 sieve). The state JCP contains requirements for turbidity monitoring during construction. During the previous project in 2022, no water quality violations occurred using material from N-3, similar to the material found in N-1 Modified.

It should also be noted that there are no seagrasses, hardbottom or other major coastal resources in the project boundaries or within 1,000 feet in either shore parallel direction. Direct impacts are limited to the benthic infauna that will be buried during beach construction.

The acreage of impacts to these species within the beach fill template is estimated to be 140.56 acres waterward of the high tide line. These impacts are considered temporary in nature with the expectation that recovery of infaunal organisms will rebound quickly following construction. Secondary impacts will affect species that feed on the benthic infauna across the beach fill area. These secondary impacts will also be temporary, and infaunal species will remain available along adjacent shorelines outside the project area.”

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: “Because impacts to infaunal species are expected to be temporary and recover quickly, no mitigation is proposed.”

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, National Regulatory Viewer 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 will not affect any listed species or critical habitat.

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.

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 138.4 acres of open marine waters. The effects of the project are determined to be minimal and temporary. 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: 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. The existing Florida Department of Environmental Protection authorization was modified on June 16, 2025 under Permit Modification Number 0340616-005-JN. This constitutes water quality certification.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone consistency concurrence is required from the Florida Department of Environmental Protection. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. The existing Florida Department of Environmental Protection authorization was modified on June 16, 2025 under Permit Modification Number 0340616-005-JN. This constitutes Coastal Zone Management Act consistency concurrence. Additionally, the dredging is located within the Outer Continental Shelf, which is located outside of the three mile state waters and not covered by the state permit. However, on January 7, 2021, the Florida State Clearinghouse provided Coastal Zone Management Act consistency concurrence for the Outer Continental Shelf dredging.

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. 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. 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 September 11, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Terri M. Mashour at Terri.M.Mashour@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Terri M. Mashour, 701 San Marco Boulevard, Jacksonville, Florida 32207.  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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