UNITED STATES ENVIRONMENTAL PROTECnON AGENCY REGION4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303 ·8960



### Eric Summa, Chief Environmental Branch Jacksonville District Corps ofEngineers P.O. Box 4970 Jacksonville, Florida 32232-0019 Wilbert V. Paynes Chief, Planning and Policy Division Programs Directorate, South Atlantic Division 60 Forsyth Street SW Room IOMIO Atlanta, Georgia 30303 Dear Mr

. Summa and Mr

. Paynes: H All 2 7**201 ~** 



### The purpose ofthis letter is to confirm the selection ofa modified Alternative I (Alternative Ia) as the preferred alternative for expansion ofthe existing or designation ofa new, Jacksonville Ocean Dredged Material Disposal Site (ODMDS). Alternative Ia includes removal ofthe 0.26 nmi2 

### area east ofthe existing Jacksonville ODMDS from Alternative I. Removal ofthis area reduces the area ofimpacts to rubble hard bottom habitat by approximately 50%. In their comments on the Draft Environmental Impact Statement (EIS), both the National Marine Fisheries Service and the State ofFlorida stated a preference for Alternative 2 over Alternative I due to the potential for impacts to these habitats. However, there were objections to Alternative 2 from the City ofJacksonville due to its proximity to beach quality sand borrow areas. Additionally, Alternative 2 is further from the Jacksonville harbor entrance channel resulting in greater cost in dredging, greater consumption ofnon-renewable resources (fuel) and greater emissions. Furthermore, the shrimp fishing industry preferred Alternative 1 over Alternative 2

. Based on studies conducted by the U

.S

. Environmental Protection Agency Region 4 (2007 Current and Wave Study; 2013 Sediment Profile Imaging Study) and modeling conducted by the Jacksonville District Corps ofEngineers {2010 Long-Term Fate Analysis), we believe that selection of Alternative I a will not have any adverse effects on the sand borrow areas. Additionally, Alternative la will be managed such that any rock from the Jacksonville Harbor Deepening Project will be placed in a zone in the eastern portion ofthe site to enhance existing rubble hard bottom habitats. Now that a preferred alternative has been agreed upon, the EPA Region 4 office can move forward with the publication ofthe Final EIS and rulemaking packages. Enclosed is a schedule for site designation that the EPA Region 4 believes is achievable

. It 

### reduces the timeline from the original negotiated schedule ofeleven months to six months from the time ofFinal EIS publication to site designation. This schedule is dependent on the Jacksonville District fulfilling commitments (described below), State and Federal resource agencies providing prompt review ofthe FEIS, and EPA Region 4 staffbeing able to efficiently navigate the rulemaking process. This process has changed significantly since staffhas last prepared rulemaking documents and the internal timelines are not known at this time. The EPA Region 4 office will make every effort to accelerate the timeline where possible.

Internet Address (UAL) • hltp:/lwww.epa.gov Aecycled/Rec:yc:lable • Printed with Vegelable Oi Based Inks on Recydlld Paper (Minimum 30% PoSiconsumer:)In order to meet the timeline, the District will need to commit to the following: I. Prepare a draft FEIS for the EPA's review no later than April21, 2014

. This draft FEIS should include the following : a. Updated maps showing Alternative 1 and Alternative 1 a; b

. Updated charact eristics ofthe modified Alternative 1 (size, depth ranges, habitat types); c. A discussion ofthe rationale behind selection ofthe Alternative 1a over Alternative I and Alternative 2; d. Revised analysis ofthe five general and eleven specific criteria for Alternative 1 a; e. Update rubble habitat acreage calculations; f. Revised Essential Fish Habitat Assessment incorporating Alternative 1 a; g. Add a section responding to comments on the Draft EIS; h. Updates to the section on the need for the ODMDS incorporating the recommended plan from the Final Jacksonville Harbor General Reevaluation Report II (GRR) and Final Supplemental EIS and the associated Dredged Material Management Plan. This should include volumes from the deepening project and subsequent maintenance that are expected to be disposed ofat the ODMDS; and 1. Updates on the volume ofclay, sand and rock generated from the GRR's recommended plan. 2

. Prepare a draft Site Management and Monitoring Plan (SMMP) for the modified Alternative A no later than April21, 2014

. This SMMP will include: a. Updated maps ofthe ODMDS and release zones; b. Coordinates ofthe expanded ODMDS and a 1,000 foot buffer within the ODMDS; c. Updated disposal volume estimates based on the Jacksonville Harbor GRR; d. Proposed Water Quality modeling input parameters ; and e. Proposed generic permit and contract conditions implementing the requirements ofthe SMMP

. 3. Prepare draft proposed rulemaking language following E PA guidance by June 7, 2014. The EPA Region 4 is glad to assist the District in this cooperative effort ofprotecting the environment while maintaining our nation' s waterborne transportation system and supporting our local, State and national economies

. Ifyou have any questions regarding this letter or the site designation process, please contact Mr. Chris McArthur at (404) 562-939 1 or mcarthur.christopher@epa. gov .

Enclosure Sincerely,

es D. Giattina, Director Water Protection Division

### Jacksonville ODMDS Designation -Schedule 20 March 2014
Task Description Responsible Expected Notes Party Completion 1 Finalize site configuration SAJ/EPA 24 March 2014 Letter from EPA confirming preferred alternative. 2 Contractor drafts final EIS Contractor 21 April2014 EPA staff will not have availability to review the EIS until 21 April. and SAJ drafts SMMP /SAJ 3 EPA provides comments EPA 2 May2014 on draft FEIS ' 4 Final EIS delivered to EPA Contractor/ 10 May 2014 for routing SAJ 5 EPA Releases Final EIS EPA 30 May 2014 6 Write draft Proposed SAJ 7 June 2014 Rule making serves as ROD Rule 7 Final Agency/Public Agencies 31 July 2014 30 day minimum by NEPA with 15 day extension Review of FEIS State requires minimum of 45 days. 8 Review and finalize draft EPA 2 Sept 2014 Rulemaking package will require review from legal counsel and EPA HQ. rule 

### I Internal review and processing time uncertain. Draft Rule Published 9 End of Draft Rule EPA 15 October 2014 45 day review period. Comment Period 10 Write draft Final Rule SAJ 1 Nov 2014 11 Finalize SMMP EPA/SAJ 1 Nov 2014 12 Publish Final Rule EPA 30 Nov 2014 13 Site Designation Finalized EPA 30 Dec 2014 Effective 30 days after publication of Final Rule