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 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Canaveral National Seashore
Kristen Kneifl
212 S. Washington Ave.
Titusville, FL 32796
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon (Mosquito Lagoon HUC12 030802020400). The project site is located within the boundaries of Canaveral National Seashore in Section 27, Township 18 South, Range 35 East, New Smyrna Beach, FL 32169.
Directions to the site are as follows: Take Interstate-95 to the SR-44 exit at New Smyrna Beach. Continue right on South Atlantic Avenue until you get to the Canaveral National Seashore north entrance. Drive south until arriving at Apollo Beach Ramp #5. Take the boat ramp due west to Middle Island.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.899285°
Longitude -80.821772°
PROJECT PURPOSE:
Basic: Living shorelines
Overall: Installation of living shoreline stabilization techniques including seagrass, salt marsh, and mangrove plantings and oyster breakwaters at Canaveral National Seashore, Volusia County, Florida.
EXISTING CONDITIONS: The wetland system consists of an estuarine system. The onsite conditions are eroding shorelines with limited emergent and submerged vegetation present. The entire project area falls within the park boundaries of Canaveral National Seashore.
PROPOSED WORK: The applicant seeks authorization to install 13,715 linear feet (3.27 acres) of living shoreline stabilization across 9 sites. Stabilization techniques will include planting of seagrass fragments, smooth cordgrass (Spartina alterniflora), red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans), and white mangrove (Laguncularia racemosa) along with construction of oyster breakwaters in the intertidal zone.
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:
All living shoreline materials will be installed by hand. No materials will be placed within 3 feet of existing emergent or submerged vegetation.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Activities will result in net increases in aquatic resource functions and services and stabilize an eroding shoreline.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps executed a Resources at Risk (RAR) evaluation for the area of the proposed project. The RAR indicated that the following species may occur in the project area:
West Indian manatee (Trichechus manatus latirostris), Atlantic Salt Marsh Snake (Nerodia clarkii), and Florida Scrub Jay (Aphelocoma coerulescens). The affect determination for the West Indian Manatee is described below, and no effect was determined for the Atlantic Salt Marsh Snake and Florida Scrub Jay due to no suitable habitat being affected.
WEST INDIAN MANATEE: The U.S. Army Corps of Engineers (Corps) has determined the project may affect but is not likely to adversely affect the West Indian Manatee or its designated critical habitat. The review of the project utilized 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-B-C-D-G-N-O-P = May Affect, Not Likely to Adversely Affect. The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In-Water Work, 2011, which the applicant agreed to implement. No further consultation was required.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
Navigation: The proposed structures and activities are not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
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 Drive, Suite 600, Cocoa, FL 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 the associated wetlands. 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, Jacob Zehnder, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926; by electronic mail jacob.a.zehnder@usace.army.mil, or by telephone at 321-504-3771 ext. 0017.
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.
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.
WATER QUALITY CERTIFICATION: WQC is required from the Florida Department of Environmental Protection (FDEP). The project has been approved by St. Johns River Water Management District under permit no. 141696-9.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.