January 5, 2015 F/SER47:GG/pw

(Sent via Electronic Mail)

Colonel Alan M. Dodd, Commander

U.S. Army Corps of Engineers Jacksonville District

PO Box 4970

Jacksonville, Florida 32232

Thomas McGill

Wetlands, Coastal and Oceans Branch

U.S. Environmental Protection Agency

61 Forsyth Street, SW

Atlanta, Georgia 30303

Attention: Patrick Griffin and Christopher McArthur 

Dear Colonel Dodd and Mr. McGill:

NOAA’s National Marine Fisheries Service (NMFS) reviewed the Final Environmental Impact Statement 

for Designation of an Ocean Dredged Material Disposal Site Offshore of Jacksonville, Florida (EIS), 

dated October 2014, and the letter from the U.S. Environmental Protection Agency Region 4 (EPA), 

dated October 6, 2014. Both the Final EIS and letter, which included an updated Essential Fish Habitat 

(EFH) Assessment1, address the EFH conservation recommendations NMFS provided by letter dated July 

11, 2012, for the expanded or new Ocean Dredged Material Disposal Site (ODMDS). The Draft EIS 

identified two preferred alternatives. Alternative Site 1 would expand the existing Jacksonville ODMDS 

to the south and east, and Alternative Site 2 would designate a new ODMDS south of the existing site. 

NMFS recommended the final site selection be held in abeyance until NMFS reviewed information likely 

to show use of Alternative Site 3 as the new ODMDS would result in fewer impacts to live/hardbottom 

habitat. Alternative Site 3 would be a new site (4 square nautical miles) 6 nautical miles north of the 

existing Jacksonville ODMDS and 1 nautical mile south of the Fernandina Beach ODMDS. The center of 

Alternative Site 3 is 5.9 nautical miles northeast of the mouth of the St. Johns River.

The Final EIS, updated EFH Assessment, and additional material provided by EPA confirm use of 

Alternative Site 3 as the ODMDS would have the least impact upon live/hardbottom habitat designated a 

Habitat Area of Particular Concern (HAPC). EFH Assessment Section 2.4.3 lists the live/hardbottom 

acreage as 6.9 acres, 0.05 acres, and 0.0 acres, respectively, for Alternative Sites 1, 2, and 3. Other public 

interest factors, primarily the cost of the hauling dredged material the extra distance, have led EPA and

the U.S. Army Corps of Engineers (USACE) to conclude neither Alternative Site 2 nor Alternative Site 3 

is most practicable as the new Jacksonville ODMDS. To reduce impacts to live/hardbottom habitat, EPA 

and USACE have modified the boundary of Alternative 1 by eliminating 0.26 square nautical miles

(approximately 220.4 acres) from the eastern side of the ODMDS expansion. The revised Alternative 1, 

referred to as Alternative Site 1a in the Final EIS and updated EFH Assessment, reduces the overlap with 

live/hardbottom habitat by 3.4 acres and with silty sand bottom designated EFH for pennatulacean soft 

corals by 217 acres. Further, Alternative Site 1a does not include a small area were ivory tree coral 

 

1 Essential Fish Habitat Assessment for a New Ocean Dredged Material Disposal Site off Jacksonville, Florida, dated 

August 2014.
2

(Oculina vericosa) were reported from trawl surveys EPA conducted in 2010 to characterize Alternative

Site 1.

NMFS maintains Alternative Site 3 would have the least impact on EFH, however, use of Alternative Site 

1a as the ODMDS would impact less EFH than use of Alternative Site 1 and EPA and USACE have 

provided the substantive justification required by 50 CFR 600.920(k) for not following the EFH 

conservation recommendation. NMFS appreciates the efforts by EPA and USACE to engage NMFS 

throughout the site characterization and evaluation process and looks forward to working with EPA and 

USACE on project specific release zones within the expanded Jacksonville ODMDS to take advantage of 

rocky dredged material that may be suitable for building an artificial reef that may offset the proposed 

impacts to live/hardbottom habitat.

Finally, in accordance with section 7 of the Endangered Species Act of 1973, as amended, it is the 

responsibility of the lead federal agency to review and identify any proposed activity that may affect 

endangered or threatened species and their habitat. Determinations involving species under NMFS 

jurisdiction should be reported to our Protected Resources Division at the letterhead address.

Thank you for the opportunity to provide comments throughout this process. Ms. Jaclyn Daly-Fuchs at

our Charleston office is available if further assistance is needed. She may be reached at 219 Fort Johnson 

Road, Charleston, South Carolina, 29412, by telephone at (843) 762-8610, or by email at 

Jaclyn.Daly@noaa.gov.

Sincerely,

/ for

Virginia M. Fay

Assistant Regional Administrator

Habitat Conservation Division

cc: 

COE, Patrick.M.Griffin@usace.army.mil

EPA, McArthur.Christopher@epa.gov

SAFMC, Roger.Pugliese@safmc.net

FWC, Lisa.Gregg@MyFWC.com

F/SER47, Jaclyn.Daly@noaa.gov