UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

Ms. Cindy Dohner 

Regional Director 

Southeast Region 

U.S. Fish and Wildlife Service 

1875 Century Blvd., Suite 400 

Atlanta, Georgia 30345 

Dear Ms. Dohner: 

ATLANTA FEDERAL CENTER 

61 FOR~YTH ~TRFFT 

ATLANTA, C 

llCT The Proposed action is not likely to adversely affect 

resources protected by the Endangered Species 

Act of 1973, as amended (16 U.S.C. 1531 et seq.) 

This finding fulfills the requirements of the Act. 

/o / .:2-J /J~ r 1 Date 

We are requesting Endangered Species Act (ESA) Section 7 informal consultation for the expansion of 

the existing Jacksonville Ocean Dredged Material Disposal Site (ODMDS). Please find enclosed a copy 

of the Final Environmental Impact Statement (FEIS) for designation of an ODMDS offshore 

Jacksonville, Florida. The FEIS includes a Biological Assessment (BA) for the purposes ofESA 

coordination (Appendix C). The FEIS was jointly prepared by the U.S. Environmental Protection 

Agency, Region 4 and the U.S. Army Corps of Engineers (USACE) Jacksonville District to fulfill the 

reporting requirements of the National Environmental Policy Act of 1969, as amended. The EPA is the 

lead Federal agency and the USACE is a cooperating agency. The FEIS provides the information 

necessary to evaluate need and alternatives with respect to the designation of a new ODMDS pursuant to 

Section 102 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended. The FEIS 

identifies Alternative 1a as the preferred alternative. In response to public and agency comment to the 

Draft EIS, the boundaries of Alternative 1 were modified in the FEIS and subsequently referred to as 

Alternative 1 a. Alternative 1 a consists of expansion of the existing ODMDS to the south and east. The 

purpose of the ODMDS is to accommodate disposal of dredged material generated over the next 50 

years from the Jacksonville Harbor Navigation Project, Naval Station Mayport and the proposed 

Jacksonville Harbor Deepening and Widening Project. All dredged material must meet the 

environmental criteria established in the EPA's Ocean Dumping Regulations. 

The EPA previously coordinated the BA with your office on October 31 , 2012. Our determination then 

and remains that the action is not likely to affect any listed species as summarized below: 

Species ESA Status Effects Determination 

FISH 

Shortnose sturgeon Endangered Not likely to adversely affect 

Atlantic sturgeon Proposed Endangered Not likely to adversely affect 

Smalltooth sawfish Endangered Not likely to adversely affect 

SEA TURTLES 

Loggerhead Threatened May affect, not likely to adversely affect 

Leatherback Endangered May affect, not likely to adversely affect 

Kemp's Ridley Endangered May affect, not likely to adversely affect 

Green Endangered May affect, not likely to adversely affect 

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) 
MARINE MAMMALS 

North Atlantic right whale Endangered* May affect, not likely to adversely affect 

Humpback whale Endangered May affect, not likely to adversely affect 

Florida Manatee Endangered No effect 

* Critical habitat designated in the area of the Proposed Action 

Of the species listed above, only the Florida manatee is within the jurisdiction of the Fish and Wildlife 

Service. As discussed in Section 3.3.1.3 ofthe FEIS, there is no federally designated critical habitat in 

the project area for the Florida manatee. Manatees winter in the warmer river waters and then disperse 

along the coast during the summer. They could occur within the nearshore areas to be transited to and 

from the ODMDS; however, due to the distance from shore (4.4 nautical miles) to the ODMDS, 

manatees would not occur within the vicinity of the ODMDS. The designation of an ODMDS is 

therefore not anticipated to result in a take and would have no effect on manatees as they should not be 

found in the area being evaluated. Even if they were to be found more than 4 nautical miles offshore, it 

is very unlikely that an impact could be measured or detected because the animals would be able to 

move out from under the disposal vessel and the disposed dredged material. 

Additionally, site designation does not itself authorize use of the site or dredging and transport activities. 

This action is just one part of the interrelated and interdependent federal actions that include the USACE 

and the EPA. After the EPA has designated an ODMDS and developed a Site Management and 

Monitoring Plan (FEIS Appendix F), the USACE is responsible for the interrelated and interdependent 

related activities including the operation, contracting, or permitting of dredging operations that may use 

the ODMDS. Impacts associated with each dredging project will be addressed under separate Section 7 

consultation by the USACE in accordance with the ESA. Impacts to manatees are more likely to occur 

during the dredging phase because it is in these areas that manatees are likely to occur. It is expected that 

the USACE will incorporate the Fish and Wildlife Service's Standard Manatee Protection Conditions for 

In-Water Work for all dredging operations. 

In accordance with 50 CFR Section 402.13, we would appreciate your concurrence regarding this 

determination within 60 days of the date ofthis letter. If you have any questions regarding the ESA BA, 

please contact Mr. Chris McArthur at (404) 562-9391 or mcarthur.christopher@epa.gov. 

Sincerely, 

~ ~:tll Chtef 

Wetlands, Coastal and Ocean Branch 

Enclosures 

cc: Mr. Patrick Griffin, USACE-SAJ w/o enclosure 

Ms. Joyce Stanley, Department oflnterior w/o enclosure 

Mr. Jerry Ziewitz, FWS Region 4 w/o enclosure