SV OF C04,

4, 

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

I Southeast Regional Office

Ares 263 13th Avenue South

St. Petersburg, Florida 33701- 5505

http://sero. nmfs. noaa. gov

F/ SER31: KMR

Thomas McGill, Chief

Wetlands, Coastal and Ocean Branch AUG 0 3 2015

Environmental Protection Agency, Region 4

61 Forsyth Street

Atlanta, Georgia, 30303

Dear Mr. McGill

This letter responds to your request for consultation with us, the National Marine Fisheries

Service (NMFS), pursuant to Section 7 of the Endangered Species Act (ESA) for the expansion

of the existing Jacksonville Ocean Dredged Material Disposal Site ( ODMDS).

Consultation History

We received your letter requesting consultation on October 6, 2014, and assigned our NMFS

tracking number SER-2015- 15331. You submitted a revised Biological Assessment dated

January 15, 2015. At that time we assigned an updated NMFS tracking number, SER- 2015-

16263, and initiated consultation. We requested clarification of the project location coordinates

on May 5, 2015, and received a response on that same day.

Project Location in the Atlantic Ocean

Geographic( NAD83) [ decimal degrees]

NW Corner( A) 30. 358567 81. 309250

Upper NE Corner( B) 30. 358567 81. 290367

Interior Corner( C) 30. 341917 81. 290367

Lower NE Corner( D) 30. 341917 81. 283533

SE Corner( E) 30. 297150 81. 283533

SW Corner( F) 30. 297150 81. 309250

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Image of the project location and surrounding area from the EPA Final Environmental Impact Statement, October,

2014.

Existing Site Conditions

The existing Jacksonville ODMDS is located approximately 5 nautical miles( nmi) southeast of

the mouth of the St. Johns River, on the continental shelf off the east coast of Florida. It is

currently 1 nmi by 1 nmi in size with water depths ranging from approximately 43 to 65 feet

mean lower low water. The ocean bottom is characterized by sand ridges and regular and

irregular large- scale bedforms as evidenced in sidescan imagery collected in October 2009 and

March 2010 . These bedforms suggest varying hydrodynamic influences, including tidal,

longshore, and storm-derived currents. The bottom substrate is predominantly fine and medium

quartz sand with fine shell fragments and traces of silt2. Discrete areas of hardbottom appearing

as isolated piles and some more dispersed limestone material, ranging from pebble- to bouldersized are present near the site. The shape, pattern, and distribution of these features, along with

historical use of the ODMDS to the south and east of existing boundaries, suggest that they are

from prior disposal events.

Project Description

The Environmental Protection Agency( EPA) proposes to expand the existing Jacksonville

ODMDS by 3. 56 square nmi (nmi2). The expanded site will be 3. 7 nmi long on the west side

and 2.7 nmi long on the east side. It will be 1 nmi long on the north side and 1. 3 nmi wide on the

south side. The expanded site will total 4. 56 nmi2. The EPA' s Site designation does not itself

authorize use of the site. After the EPA has designated the ODMDS and developed the Site

I ANAMAR Environmental Consulting, Inc. 2010. Jacksonville ODMDS Reconnaissance Sidescan Sonar

Survey. Prepared for USACE, Jacksonville District, Jacksonville, FL. August 2010.

2 ANAMAR Environmental Consulting, Inc. 2011. Final Report. Site Designation Studies for a New Ocean

Dredged Material Disposal Site off Jacksonville, Florida: Spring and Fall 2010 Survey Results.

Submitted to USACE, Jacksonville District, Jacksonville, FL. April 2011.

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Monitoring and Management Plan( SMMP), the United States Army Corps of Engineers

USACE) is responsible for the interrelated and interdependent related activities including the

operation, contracting, and/or permitting of dredging operations that may use the ODMDS.

Some of these actions will be covered under the USACE South Atlantic Division Endangered

Species Act Section 7 Consultation Regional Biological Opinion for Dredging of Channels and

Borrow Areas in the Southeastern United States ( SARBO) and some will be covered under

individual consultations, such as the Jacksonville Harbor Deepening Project3 and the Proposed

Channel Dredging and Homeporting of Surface Ships at Naval Station Mayport, Florida.

The ODMDS will be managed according to the SMMP (currently under revision) and its

provisions shall be requirements for all dredged material disposal activities at the site. SMMPs

are effective from the date of signature for a period not to exceed 10 years and shall be reviewed

and revised more frequently if site use and conditions at the site indicate a need for revisions.

ODMDS revisions undergo review for ESA.

Since 1995, Naval Station Mayport has utilized the site on a biannual basis for the disposal of

maintenance dredging material. This material typically consists of silts, soft clays and sand

mixtures. The Jacksonville Harbor Federal Navigation Project has used the site for disposal of

coarse material not approved for beach placement from the Entrance Channel. It is expected that

the Naval Station Mayport and the Jacksonville Harbor Federal Navigation Projects will continue

to utilize the ODMDS for disposal of non-beach compatible material. Additionally, the

Jacksonville Harbor Deepening Project will utilize the ODMDS. These actions already have

permits from the Regulatory Branch ofthe Corps and EPA concurrence and are the only projects

currently authorized to use the ODMDS.

Construction Conditions

Conservation measures for the North Atlantic right whale (NARW) are detailed in the SMMP

and will include, " in order to protect North Atlantic right whales, disposal vessel ( either hopper

dredge or tug and scow) speed and operation will be restricted in accordance with the most

recent USACE South Atlantic Division Endangered Species Act Section 7 Consultation Regional

Biological Opinion for Dredging of Channels and Borrow Areas in the Southeastern United

States( SARBO), or other relevant Biological Opinion for specific projects not included in

SARBO" to capture requirements for projects not covered by the SARBO (e.g. the Jacksonville

Harbor Deepening Project and the Mayport Naval Station project). The current SARBO requires

dredge speeds to be reduced to five knots or less during evening hours or periods of low

visibility for 24 hours after sightings ofright whales within 10 nmi of the channel or disposal

areas. In addition, the disposal vessel' s captain should be aware of the vessel approach

restrictions in 50 CFR §224. 103 which at the time of this SMMP prohibits approach within 500

yards ( yd) of a right whale by vessel, aircraft, or any other means".

The SMMP provision related to the protection of NARW as stated in SARBO, or the most recent

version of SARBO, will be applied unless disposal activities are from projects with an

3 Jacksonville Harbor Deepening and Widening in Jacksonville, Duval County, Florida. NMFS PCTS tracking

number: SER-2013- 10716.

4 Proposed channel dredging and Homeporting of Surface Ships at Naval Station Mayport, Florida. NMFS PCTS

tracking number SER-2008- 3742.

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independent Biological Opinion from NMFS such as the Jacksonville Harbor Deepening Project

and the Mayport Homeporting Project, both of which state the following: during the period

November 15 through April 15, require all dredge-related vessels( e. g., hopper dredges,

cutterhead dredges, barges, tugboats pulling or pushing barges or scows, relocation trawlers)

moving through the NARW calving area to take the following precautions: ( 1) vessels shall not

travel at speeds in excess of 10 knots; ( 2) if whales have been spotted via EWS5 or other

observers within 15 nmi ofthe vessel' s path within the previous 24 hours, the tug/barge or dredge

operator shall slow down to 5 knots or less during evening hours, or when there is limited

visibility due to fog, or sea states greater than sea state Beaufort6 3 ( NMFS further defines

limited visibility, for purposes of this conservation measure, as any condition including fog, rain,

smoke, sea spray, waves, inclement weather, etc. that reduce visibility to '/ 2 nmi ( 1000 yd) or

less). The speed limits for hopper dredges and dredge- related vessels as set forth in the

Jacksonville Harbor Deepening project will only apply until a new SARBO is signed, at which

time that project will abide by the conditions set forth in the new SARBO.

Effects Determinations for Species the EPA or NMFS Believes May Be Affected by the

Proposed Action

ESA

EPA Effect NMFS Effect

Species Listing Determination Determination

Status

Sea Turtles

Green E/T' NLAA NLAA

Kemp' s ridley E NLAA NLAA

Leatherback E NLAA NLAA

Loggerhead( Northwest Atlantic Ocean

T NLAA NLAA

distinct population segment [ DPS])

Hawksbill E NE NLAA

Fish

Shortnose sturgeon E NLAA NLAA

Atlantic sturgeon (All DPSs) T/ E" NLAA NLAA

Marine Mammals

North Atlantic right whale E NLAA NLAA

Humpback whale E NLAA NLAA

E= endangered; T= threatened; NLAA= may affect, not likely to adversely affect; NE= no

effect

Critical Habitat

Modifications to designated critical habitat for the NARW were proposed on February 20, 2015.

Critical habitat consists of specific areas on which are found those physical or biological features

essential to the conservation of the species called essential features. North Atlantic right whales

are observed calving off the southeastern U.S. coast, in an area designated as Unit 2 of the

proposed North Atlantic right whale critical habitat. The ODMDS is located in Unit 2. The

5 NAWR Early Warning System.

6 The Beaufort scale is an empirical measure that relates wind speed to observed conditions at sea or on land.

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essential features ofright whale calving habitat are calm sea surface conditions, sea surface

temperature, and depth. These features are dynamic in their distributions throughout the

Southeast Atlantic Bight( SAB) in that they vary over both time and space, and their variations

do not necessarily correlate with each other. As such, calving right whales likely select areas

containing varying combinations of the preferred ranges ofthe essential features available within

the SAB, as identified previously, depending on factors such as the weather( e. g., storms,

prevailing winds) and the age of the calves( e.g., neonate or more mature calf).

The proposed ODMDS is not located in or adjacent to any other critical habitat under the

purview of NMFS.

Analysis of Potential Routes of Effects to Species

The EPA' s action( expansion ofthe existing ODMDS) does not authorize and will not itself

result in disposal of any dredged materials. Therefore, although NMFS anticipates indirect

effects from the EPA' s action, it does not anticipate any impacts to species will be caused by the

site designation and adoption of the SMMP. Any further analysis of the effects of disposal of

dredged material at the disposal site and issuance of an incidental take statement will be prepared

when the disposal permit is requested by the action agency.

Additionally, NMFS believes the proposed dredged material disposal activities over the life of

the project are not likely to adversely affect sea turtles, sturgeon, or whales. Sea turtles or

sturgeon may be attracted to ODMDS site, to forage on the bycatch that may be occasionally

found in the dredged material being dumped. As such, these animals could be potentially

impacted by the sediments being discharged overhead. However, NMFS has never received a

report of an injury to a sea turtle or sturgeon resulting from burial in, or impacts from, dredgereleased sediments, neither from inshore or offshore disposal sites, anywhere the USACE

conducts dredged material disposal operations. Sea turtles and sturgeon are highly mobile and

are able to avoid a descending sediment plume discharged at the surface by a hopper dredge

opening its hopper doors, or pumping its sediment load over the side. Even if temporarily

enveloped in a sediment plume, NMFS believes the possibility of injury, or burial of normal,

healthy sea turtles or sturgeon by dredged material disposal, is discountable or its effects

insignificant. NMFS believes that foraging habitat for sea turtles is not likely a limiting factor in

the action area( the Atlantic Ocean), and thus the loss ofpotential foraging habitat adjacent to, or

on the surface of,the disposal area( compared to remaining foraging habitat) from burial by

dredged material sediments will have insignificant effects on sea turtles. The risk of injury to sea

turtles and whales from collisions with dredge-related vessels( dredges/barges/ scows) carrying

dredge spoils to the ODMDS and/ or returning to dredging sites is also considered discountable,

considering the species' mobility, the slow speeds of hopper dredge vessels and associated

barges and scows, and the protective measures carried out in compliance with the SMMP or

other relevant biological opinions.

Analysis of Potential Routes of Effect to Critical Habitat

Neither the dredging, related vessel operations, nor the disposal ofdredged material will

significantly impact water depth, sea surface conditions, or the temperature of the ocean. While

the ODMDS will decrease water depths, the elevated sea bottom will not impede whales in any

way. Water depths will still be sufficient for the animals to move freely throughout the habitat.

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The likelihood of interaction which may impact the distribution of right whale calf/cow pairs is

further reduced by the precautions stipulated for vessel avoidance. Thus, the proposed action

will have insignificant effects on the physical and biological features (water depth, surface

conditions, and water temperature), which were the bases for determining this habitat to be

critical.

Conclusion

Because all potential project effects to listed species and critical habitat were found to be

discountable, insignificant, or beneficial, we conclude that the proposed action is not likely to

adversely affect listed species under NMFS' s purview. This concludes your consultation

responsibilities under the ESA for species under NMFS' s purview. Consultation must be

reinitiated if a take occurs or new information reveals effects of the action not previously

considered, or ifthe identified action is subsequently modified in a manner that causes an effect

to the listed species or critical habitat in a manner or to an extent not previously considered, or if

a new species is listed or critical habitat designated that may be affected by the identified action.

NMFS' s findings on the project' s potential effects are based on the project description in this

response. Any changes to the proposed action may negate the findings of this consultation and

may require reinitiation of consultation with NMFS.

We look forward to further cooperation with you on other projects to ensure the conservation of

our threatened and endangered marine species and designated critical habitat. If you have any

questions on this consultation, please contact Karla Reece, Consultation Biologist, at( 727) 824-

5348, or by email at karla.reece@noaa.gov.

Sincerely,

C>744 ---

Roy E. Crabtree, Ph.D.

Regional Administrator

File: 1514- 22.K

Green turtles are listed as threatened except for the Florida and Pacific coast of Mexico breeding populations,

which are listed as endangered.

The New York Bight, Chesapeake Bay, Carolina, and South Atlantic DPSs are listed as endangered; the Gulf of

Maine DPS is listed as threatened.

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