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 ofthe Endangered Species Act (ESA) for the expansion ofthe 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 ofthe 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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ff', 11s10 Image ofthe 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 ofthe St. Johns River, on the continental shelfoffthe east coast ofFlorida. It is 

### currently 1 nmi by 1 nmi in size with water depths ranging from approximately 43 to 65 feet mean lower lowwater. The ocean bottom is characterized by sand ridges and regularand 

### 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 ofsilt2. Discrete areas ofhardbottom 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 ofthese features, along with 

### historical use ofthe ODMDS to the south and east ofexisting 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. 56square 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 ofthe site. Afterthe EPA has designated the ODMDS and developed the Site
I ANAMAR Environmental Consulting, Inc. 2010. Jacksonville ODMDS Reconnaissance Sidescan Sonar 

### Survey. Prepared forUSACE, Jacksonville District, Jacksonville, FL. August2010. 2ANAMAR Environmental Consulting, Inc. 2011. Final Report. Site Designation Studies for aNew Ocean Dredged Material Disposal Site offJacksonville, 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 ofEngineers

USACE) is responsible forthe interrelated and interdependent related activities including the operation, contracting, and/or permitting ofdredging operations that may use the ODMDS. Some ofthese actions will be covered under the USACE South Atlantic Division Endangered Species Act Section 7 Consultation Regional Biological Opinion for Dredging ofChannels 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 ofSurface 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 ifsite 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 ofsilts, 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 ofnon-beach compatible material. Additionally, the 

### Jacksonville Harbor Deepening Project will utilizethe 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 ortug 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 ofChannels and Borrow Areas in the Southeastern United States( SARBO), or other relevant Biological Opinion for specific projects not included in 

### SARBO" to capture requirements forprojects not covered by the SARBO (e.g. the Jacksonville Harbor Deepening Projectand the Mayport Naval Station project). The current SARBO requires 

### dredge speeds to be reduced to five knots or less during evening hours orperiods oflow visibility for24 hours after sightings ofright whales within 10 nmi ofthe channel or disposal areas. In addition, the disposal vessel' s captain should be aware ofthe vessel approach restrictions in 50 CFR §224. 103 which at the time ofthis SMMP prohibits approach within 500 

### yards ( yd) ofa right whale by vessel, aircraft, or any other means".
The SMMP provision related to the protection ofNARW as stated in SARBO, orthe most recent version of SARBO, will be applied unless disposal activities are from projects with an


### 3JacksonvilleHarborDeepeningand Widening inJacksonville, Duval County, Florida. NMFSPCTStracking number: SER-2013- 10716. 

### 4 Proposed channel dredging and Homeporting ofSurface Ships at Naval Station Mayport, Florida. NMFS PCTS tracking number SER-2008-3742.

3independent Biological Opinion from NMFS such as the Jacksonville Harbor Deepening Project



### andthe Mayport Homeporting Project, both ofwhich 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 orpushing barges orscows, relocation trawlers) 

### moving through the NARW calvingareatotake the following precautions: (1) vessels shall not travel at speeds in excess of 10 knots; (2) ifwhales 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, orwhen there is limited 

### visibilitydue to fog, orsea states greaterthan sea state Beaufort6 3 ( NMFS furtherdefines limited visibility, for purposes ofthis conservation measure, as any condition including fog, rain, smoke, seaspray, waves, inclement weather, etc.that reducevisibilityto '/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, atwhich time that project will abide bythe conditions setforth 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 likelyto adversely affect; NE= no
effect
Critical Habitat 

### Modifications to designated critical habitat forthe NARW were proposed on February 20, 2015. Critical habitat consists ofspecific areas on which are found those physical or biological features essential to the conservation ofthe species called essential features. North Atlantic right whales 

### are observed calving offthe southeastern U.S. coast, in anarea designated as Unit2 ofthe 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 theirvariations do not necessarily correlate with each other. As such, calving right whales likely select areas 

### containing varying combinations ofthe 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 ofthe calves( e.g., neonate or more mature calf). The proposed ODMDS is not located in or adjacent to any other critical habitat underthe 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 ofany dredged materials. Therefore, although NMFS anticipates indirect effects from the EPA' s action, it does notanticipate any impacts to species will be caused by the site designation and adoption ofthe SMMP. Any furtheranalysis ofthe effects ofdisposal of dredged material at the disposal site and issuance ofan incidental take statement will be prepared 

### when the disposal permit is requested bythe action agency. Additionally, NMFS believes the proposed dredged material disposal activities overthe life of the project are not likelyto adversely affect seaturtles, sturgeon,orwhales. Seaturtles or 

### sturgeon may be attractedto 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 bythe sediments being discharged overhead. However, NMFS has never received a report ofan injuryto a sea turtle or sturgeon resulting from burial in,orimpacts 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 hopperdoors, or pumping its sediment load overthe side. Even iftemporarily enveloped in asediment plume, NMFS believes the possibility ofinjury,or burial ofnormal, healthy seaturtles orsturgeon by dredged material disposal, is discountable or its effects 

### insignificant. NMFS believesthat foraging habitat for seaturtles 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 ofinjury 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 ofhopper 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, northe disposal ofdredged material will significantly impact water depth, sea surface conditions, or the temperature ofthe ocean. While 

### the ODMDS will decrease waterdepths,the elevated seabottom will notimpede whales in any way.Waterdepths will still be sufficient forthe animals to move freelythroughoutthe habitat.

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### The likelihood ofinteraction which may impact the distribution ofright whale calf/ cowpairs is further reduced bythe precautions stipulated forvessel avoidance. Thus, the proposed action will have insignificant effects on the physical and biological features (water depth, surface 

### conditions, and watertemperature), 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 yourconsultation responsibilities underthe ESA for species under NMFS' s purview. Consultation must be reinitiated ifa take occurs or new information reveals effects ofthe 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 orto 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 ofthis consultation and may require reinitiation ofconsultation with NMFS.
We look forward to further cooperation with you on other projects to ensure the conservation of ourthreatened and endangered marine species and designated critical habitat. Ifyou 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 Gulfof Maine DPS is listed as threatened.

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