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 CENTE R 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

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# /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 ofthe Final Environmental Impact Statement (FEIS) for designation ofan ODMDS offshore Jacksonville, Florida. The FEIS includes a Biological Assessment (BA) for the purposes ofESA coordination (Appendix C). The FEIS wasjointly prepared by the U.S. Environmental Protection Agency, Region 4 and the U

.S. Army Corps ofEngineers (USACE) Jacksonville District to fulfill the reporting requirements ofthe 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 ofa new ODMDS pursuant to Section 102 ofthe 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 ofAlternative 1were modified in the FEIS and subsequently referred to as Alternative 1 a. Alternative 1 a consists ofexpansion ofthe existing ODMDS to the south and east. The purpose ofthe ODMDS is to accommodate disposal ofdredged 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 ofthe Proposed Action Ofthe species listed above, onlythe Floridamanatee is withinthejurisdiction ofthe Fish and Wildlife Service. As discussed in Section 3.3.1.3 oftheFEIS, there is no federally designated critical habitat in the project area for the Floridamanatee. Manatees winter in the warmerriver waters and then disperse along the coast during the summer. They could occurwithin 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 occurwithin the vicinity ofthe ODMDS. The designation ofan ODMDS is therefore not anticipated to result in a take and wouldhave no effect onmanatees as they should not be found in the areabeing evaluated. Even iftheywere to be found more than4 nautical miles offshore, it is veryunlikelythat an impact couldbemeasured or detected because the animals wouldbe able to move out from under the disposal vessel and the disposed dredged material. Additionally, site designation does not itselfauthorize use ofthe site or dredging and transport activities. This action isjust one part ofthe interrelated and interdependent federal actions that include the USACE and the EPA. Afterthe 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, orpermitting ofdredging operations that mayuse the ODMDS. Impacts associated with each dredging project will be addressed under separate Section 7 consultationbythe USACE in accordance with the ESA. Impacts to manatees are more likelyto occur during the dredging phasebecause it is in these areas that manatees are likelyto occur. Itis 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 ofthe date ofthis letter. Ifyou have any questions regarding the ESA BA, please contact Mr. Chris McArthur at (404) 562-9391 ormcarthur.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 oflnteriorw/o enclosure
Mr. JerryZiewitz, FWS Region 4 w/o enclosure