UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303·8960 

Mr. David Bernhart 

L1I:T D 6 2014 

Assistant Regional Administrator for Protected Resources 

National Marine Fisheries Service 

Southeast Regional Office 

263 13th A venue South 

St. Petersburg, Florida 33701 

Dear Mr. Bernhart: 

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 of ESA 

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 1 02 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended. The FEIS 

identifies Alternative 1 a 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 May 11, 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 

• Cri1ical habitat designated In the area of the Proposed Action 

Site designation does not itself authorize use of the site. This action is just one part of the interrelated 

and interdependent Federal actions that includes 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 (secondary impacts) related activities including the 

operation, contracting or permitting of dredging operations that may use the ODMDS. It is the EPA's 

understanding that the USACE consulted with the National Marine Fisheries Service (NMFS) and that 

consultation concluded with a regional biological opinion (RBO) for "The Continued Hopper Dredging 

ofChannels and Borrow Areas in the Southeastern United States", dated September25, 1997, as 

amended. The RBO consultation, as amended, covers the same species, action area and manners in 

which the action may affect as this action. It is therefore expected that use of the expanded ODMDS will 

be consistent with the RBO or any future RBO. Additionally, it is the EPA's understanding that the 

USACE consulted with the NMFS on the Jacksonville Harbor Deepening and Widening Project and that 

the NMFS issued a Biological Opinion (BO) on February 6, 2014. As with the RBO, it is expected that 

for the Jacksonville Harbor Deepening and Widening Project, use of the expanded ODMDS will be 

consistent with the 80. 

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

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

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

Sincerely, 

Enclosures 

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

Ms. Karla Reece, NMFS (w/o enclosure)