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 ofthe 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 ofEngineers (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 ofa new ODMDS pursuant to Section 

### 1 02 ofthe 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 ofAlternative 1 were 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 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 At l antic r i ght whale Endangered* May affect, not likely to adversel y affect Humpback whale Endangered May affect, not likely to adverse ly affect • Cri1ica l habitat designated In the area of t he Proposed Action Site designation does not itself authorize use ofthe s ite. 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 S ite Management and Monitoring Plan (FEIS Appendix F), the USACE is r esponsible for the interrelated and interdependent (secondary impacts) related activities including the operation, contracti ng or permit ting ofdredging 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 ofthe expanded ODMDS will be consistent with the RBO or any future RBO. Addition ally, 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 f o r the Jacksonville Harbor Deepeni ng and Widening Project, use of the expanded ODMDS will be consistent wit h the 

### 80
. In accordance with 50 CFR Section 402.13, we would appreciate your concurrence r egarding this det ermination 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,

E

nclosures
cc : Mr
. Patrick Griffin, USACE-SAJ (w/o enclosure) Ms
. Karla Reece, NMFS (w/o enclosure)