TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344) as described below:
APPLICANT: NASA Kennedy Space Center
Attn: Rosaly J. Santos-Ebaugh
SI-E2
KSC, FL 32899
WATERWAY AND LOCATION: The project would affect waters of the United States located within the North Banana River Lagoon (BRL) 12-digit Hydrologic Unit Code (HUC #030802020201) watershed. The project site is located both north and south of KARS Park 1 along the east side of Audubon Road on NASA’s Kennedy Space Center (KSC) in Merritt Island (Sections 29 and 32, Township 23 South, Range 37 East and Section 06, Township 24 South, Range 37 East), Brevard County, Florida.
Directions to the site are as follows: From intersection of SR 3 and SR 528, take SR 3 north, turn east on Hall Road and continue until the road ends at the BRL. The site is not accessible to the general public.
APPROXIMATE PROJECT COORDINATES:
Project North Section: North Terminus: Latitude 28.460159°
Longitude -80.651882°
South Terminus: Latitude 28.441950°
Longitude -80.657736°
Project South Section: North Terminus: Latitude 28.434240°
Longitude -80.659890°
South Terminus: Latitude 28.424821°, Longitude -80.661257°
PROJECT PURPOSE:
Basic: Shoreline Stabilization
Overall: To construct shoreline protection measures along the Banana River Lagoon shoreline at Kennedy Space Center, Florida.
EXISTING CONDITIONS: KSC has experienced severe erosion on the eastern shore of Merritt Island in the BRL, resulting in the exposure of communication lines and loss of portions of Audubon Road. During high water conditions with easterly winds, a “blackwater” condition is also created 200-300 feet out from the shoreline. High water conditions and easterly winds drive waves onto the shoreline where vegetation, predominately including white and black mangroves, Brazilian Pepper, and cabbage palm, is uprooted. Decaying trees and other terrestrial vascular vegetation (e.g., cabbage palm fronds, branch and leaf litter) is pulled into the surf and eventually broken down to a course fibrous material and is either redeposited onto the shoreline where it becomes muck, or it continues to foul the BRL. High winds and waves have also exposed subsurface organic peat deposits and spodosols, contributing to the blackwater condition. Ongoing breakdown and resuspension of this organic and/or mineralized layer, particularly during periods of easterly wind, reduces water clarity adjacent to this shoreline, which in turn inhibits the growth of submerged aquatic vegetation (SAV), and decreases the habitat value for fish, wading birds, and other lagoon wildlife.
PROJECT DESCRIPTION: The project includes a combined shoreline revetment and detached offshore (approximately 30 feet from 2015 shoreline) wave break placed along two shoreline areas located north and south of KARS Park 1 along Audubon Road. The project is designed to protect existing shoreline and infrastructure, accrete additional shoreline/marsh sill and ensure terrestrial soils will remain covered. The revetment is discontinuous within each north and south area, and would not occur where adequate shoreline is present; the wave break is continuous in each area. In areas where no revetment is proposed, clean sand fill will be placed along the natural eroded shoreline, with natural recruitment of native salt-tolerant species anticipated. The project is designed to promote natural accretion of sediment between the revetment and wave breaks, creating a living shoreline habitat to the benefit of flora and fauna that use the intertidal zone (e.g., horseshoe crabs, fiddler crabs, shorebirds, etc.), while minimizing impacts resulting from hardened shorelines. The detached offshore wave break is anticipated to be beneficial to colonizing invertebrates and fishes because the base is continuously submerged, allowing the persistence of species that are sensitive to air exposure.
The revetment and sand fill would be placed in areas that were largely historic uplands but have eroded since 2015. The wave break would be placed waterward of the 2015 shoreline. The project also includes the “optional” placement of clean fill sand below mean high water level (a.k.a. ordinary high water level (OHWL)) between the shoreline revetment and/or shoreline sand fill and the offshore wave breaks to encourage expedited establishment of the shoreline/marsh sill (living shoreline and habitat enhancement component of the project). Project dimensions and impacts are described as follows, and include the “optional” fill associated with the marsh sill/living shoreline component.
PROJECT IMPACTS:
Project North Section: • Total Length of Work = 7,111 linear feet
• Wetland Impacts (CWA Section 404 Authority)
- Wetland Fill Impacts (above OHWL) = 0.77 Acres
- Wetland Fill Volume = 981 CY
- Wetland impacts occur within historic uplands located landward of the historic 2015 shoreline
• Surface Water Impacts (RHA Section 10 Authority)
- Surface Water Fill Impacts (below OHWL) = 7.49 Acres
- Surface Water Fill Volume = 18,405 CY
Project South Section: • Total Length of Work = 3,155 linear feet
• Wetland Impacts (CWA Section 404 Authority)
- Wetland Fill Impacts (above OHWL) = 0.61 Acres
- Wetland Fill Volume = 1,009 CY
- Wetland impacts primarily occur within historic uplands located landward of the historic 2015 shoreline
• Surface Water Impacts (RHA Section 10 Authority)
- Surface Water Fill Impacts (below OHWL) = 2.41 Acres
- Surface Water Fill Volume = 5,283 CY
PROPOSED WORK: The proposed work includes the construction of a combined shoreline revetment and wave breaks placed along two shoreline areas within the BRL, including the “optional” placement of clean fill sand between the shoreline revetment and offshore wave breaks to encourage expedited establishment of a shoreline/marsh sill (living shoreline and habitat enhancement component of the project). The proposed action would result in the placement of approximately 25,678 CY of fill material in approximately 11.28 acres of waters of the U.S. (WOTUS).
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“Avoidance and minimization of wetland impacts was addressed through project design and proposed placement. The revetment is small and would not be placed waterward of the historic 2015 shoreline. The wave break is located waterward of the 2015 shoreline but outside of both current and historic seagrass areas.”
COMPENSATORY MITIGATION: The applicant has provided the following information in support of mitigation for impacts to the aquatic environment:
“The project is designed to protect existing shoreline and infrastructure, allow natural processes to facilitate accretion of shoreline/marsh sill between the wave breaks and revetment shoreline, and ensure terrestrial soils will remain covered. The project mitigates the effects of shoreline loss and has a negligible impact on aquatic resources. No compensatory mitigation is proposed.”
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
JAXBO Species: The Corps evaluated the proposed work utilizing the National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. The project exceeds the length restrictions (limited to 500 linear feet) of the JAXBO. The Corps will initiate consultation with the National Marine Fisheries Service.
West Indian Manatee: The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A (Project is located in waters accessible to manatees or directly or indirectly affects manatees) > B (Any type of in-water activity in a Warm Water Aggregation Area (WWAA) or No Entry Area) = May Affect. The Corps will initiate consultation with the U.S. Fish and Wildlife Service.
Wood Stork: Based on the Effect Determination Key for the Wood Stork (Mycteria americana) in Central and North Peninsular Florida (dated September 2008), the Corps determination sequence is as follows: A (Project impacts SFH at a location greater than 0.47 miles from a colony site) > B (Project impact to Suitable Foraging Habitat (SFH) > C (Project impact to SFH is less than 0.5 acres – the project reclaims 1.38 acres of historic upland areas and the wavebreak is located in non-SFH) = MANLAA. The Corps has determined the proposed project MANLAA wood stork. Based on the use of the Determination Key for the Wood Stork no further consultation is required.
Eastern Indigo Snake: The Corps has determined the proposed project MANLAA the Eastern Indigo Snake. Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps determination sequence is as follows: A (The project is not located solely in open water or salt marsh.) >B (The permit will be conditioned for use of the Service’s Standard Protection Measures for the Eastern Indigo Snake during site preparation and protection construction.) >C (There are no gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities = MANLAA. The permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed work. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through the use of the aforementioned determination key.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 1.38 acres of previously eroded uplands (now shoreline wetlands) and up to 9.90 acres of surface water (unvegetated bottom in the BRL). Approximately half of the surface water impacts would result from “optional” sand fill placement for the living shoreline component, with design elevations anticipated to retain potential EFH in the post-development condition. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Banana River. Our final determination relative to the project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Cocoa Permits Section, 400 High Point Dr., Cocoa, Florida, 32926 within 21 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to tidal waters. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Jason D. Perryman, in writing at Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at jason.d.perryman@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (321) 504-3771 x10.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.