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: US Air Force, 45th Space Wing
Attn: Patrick Giniewski
1224 Jupiter St.
Patrick Air Force Base, Florida 32925
WATERWAY AND LOCATION: The project would affect waters of the United States
associated with the Banana River. The project occurs within the boundary of the Patrick
Air Force Base (PAFB) beginning at the north housing boundary and extending to the
south boundary near Pineda Causeway. Two sections of shoreline have been removed
from the project as they are currently in the process of permitting shoreline repairs. The
project site is located along 7,762 feet of the Banana River shoreline, in Section 35,
Township 25 South, Range 37 East, Brevard County, Florida.
Directions to the site are as follows: Work occurs within PAFB.
APPROXIMATE CENTRAL COORDINATES:
Basic: shoreline stabilization
Overall: Restore the eroded shoreline of Patrick Air Force Base by armoring the
existing shoreline with riprap.
EXISTING CONDITIONS: The subject shoreline at PAFB has eroded significantly
during the past 20 years. Heavy wind and wave action continues to erode PAFB land.
Benthic conditions are described as sand with shell and rock scattered along the river
Seagrass surveys were conducted in 100% of proposed in-water work areas and four
patches of seagrass were identified within the project area. Dominant species include
Widgeon grass (Ruppia maritima) and Shoal grass (Halodule wrightii). No seagrass
impacts are anticipated as a result of the proposed project.
PROPOSED WORK: Restore the eroded shoreline of Patrick Air Force Base by
armoring the existing shoreline with riprap. The total area of unavoidable permanent
work in wetlands and surface waters is 1.62 acres (0.57 and 1.05 acres, respectively).
A total of 0.71 acres (0.63 wetland acres and 0.08 surface water acres) of temporary
impacts is anticipated. Native shoreline plantings within wetlands and surface waters,
excluding previously permitted areas and temporary impacts to repair the gabion
baskets, total 0.70 acres (0.57 and 0.13 acres, respectively).
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: The project was designed so the proposed works will occur
landward of the Safe Upland Line and outside of wetland habitats to the greatest extent
practicable. Planting of eroded wetland areas with native shoreline vegetation and the
establishment of mangroves along the shoreline is proposed to increase the stability of
the shoreline and improve plant community condition. Seagrass and mangrove surveys
were conducted to minimize impacts to sensitive resources to the greatest extent
practicable. Existing mangroves and seagrass are shown on construction plans so
impacts to these species can be avoided. Desirable vegetation will also be avoided
during construction where possible. Where construction is proposed near mangroves,
rocks will be hand placed to avoid damage to mangrove prop roots, pneumatophores,
and seedlings. Seagrass populations will be clearly marked and avoided during
COMPENSATORY MITIGATION – The applicant has offered the following
compensatory mitigation plan to offset unavoidable functional loss to the aquatic
environment: Work consists of maintaining/repairing previously permitted shoreline
stabilization system damaged by Hurricane Matthew (SJRWMD ERP#s: 111477,
102068, and 120884), planting mangroves and native shoreline vegetation, installing
new revetment in eroded areas to supplement existing revetment, and constructing
coquina marsh sills in areas of high wave activity to reduce the impacts from future
storms. The project also includes replanting 42 previously established mitigation sites
damaged during Hurricane Matthew.
CULTURAL RESOURCES: The US Air Force (USAF) is the lead federal agency for
this proposal documented compliance with Section 106 of the National Historic
Preservation Act. No further consultation is required.
ENDANGERED SPECIES: The project may affect, but is not likely to adversely affect
the West Indian manatee or its designated critical habitat. Use of the Manatee Key
resulted in the sequence A-B-C-D-G-N-O-P = may affect, Not Likely to Adversely Affect
(NLAA). This determination partially was based on the implementation of the Standard
Manatee Conditions for In-Water Work. The Corps has concurrence with this
determination pursuant to the Effect Determination Key for the manatee dated April
2013. Manatee observers shall be approved prior to work and no night-time clamshell
Use of the Key for the Eastern Indigo Snake resulted in the following sequential
determination: A (The project is not located 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 gopher tortoise burrows, holes, cavities, or other refugee where a snake could be
buried or trapped and injured during project activities) >D (The project will impact less
than 25 acres of xeric habitat (scrub, sandhill, or scrubby flatwoods) or less than 25
active and inactive gopher tortoise burrows) >E (Any permit will be conditioned such
that all gopher tortoise burrows, active or inactive, will be evacuated prior to site
manipulation in the vicinity of the burrow. 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) = NLAA with the
applicant adherence to the standard protection measures for the Eastern Indigo Snake.
Based upon the NLAA determination for the Eastern Indigo Snake no further
coordination is required.
Wood Stork: Not likely to adversely affect - Basis: The Corps completed an evaluation
of the project based upon the September 2008 FWS, North Florida Ecological Services
Field Offices Programmatic Concurrence for use with the Wood Stork. Use of the Key
for the Wood Stork resulted in the following sequential determination: A (The project is
more than 2,500 feet from a colony site.) > B (Project impacts SFH.) > C (Project
impacts to SFH greater than or equal to 0.5 acres.) > D (Project impacts to SFH are
within a Core Foraging Area of a colony site) > E (Project provides SFH compensation
within the Service Area of a Service-approved wetland mitigation bank that provides an
amount of habitat and foraging function equivalent to that of impacted SFH) = NLAA.
Based upon the NLAA determination for the Wood Stork no further coordination is
The proposed work is located at the shoreline of the Banana River and does not contain
suitable habitat for the caracara, scrub jay, piping plover, and red cockaded
woodpecker. The proposed action would not eliminate habitat utilized by the Atlantic
salt marsh snake. The snake motile nature would allow it to vacate the area during
construction, but could return after construction is complete. The Corps has determined
the proposed work will have no effect to the caracara, scrub jay, piping plover, red
cockaded woodpecker, or Atlantic saltmarsh snake.
The USAF will complete consultation with National Marine Fishery Service (NMFS),
Protected Resource Division by separate letter.
ESSENTIAL FISH HABITAT (EFH): The USAF will complete consultation with NMFS,
Habitat Conservation Division by separate letter.
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
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 Drive, Suite 600, 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
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,
Andrew Phillips, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite
600, Cocoa, Florida 32926; by electronic mail at firstname.lastname@example.org; by
facsimile transmission at (321)504-3803; or, by telephone at (321)504-3771 extension
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
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