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: Indian River County, Public Works
Attn: James Gray
1801 27th Street, Building A
Vero Beach, Florida 32960
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located along the shoreline of the Atlantic Ocean beginning within Indian River Shores at Mariner Beach Lane, Florida Department of Environmental Protection (FDEP) Range Monument (R) R-70), and extends south to Bay Oak Lane within the City of Beach (R-86). The project limits are referred to as Sector 5; Attachment 1 defines the Sector limits within Indian River County. The project is located in Sections 19, 20, 29, and 32, Township 32 South, Range 40 East, and Section 5, Township 33 South, Range 40 East, Indian River County, Florida.
Directions to the site are as follows: From I-95 in Florida, take exit 147 for FL-60. Turn onto FL-60 E (West Vero Corridor) toward Vero Beach. Travel 8.6 miles. Turn left onto
lndrio River Road. Travel 1.0 mile. Turn right onto SR-60 E (Merrill P Barber Bridge). Travel 1.0 mile. Continue onto Beach land Blvd. Travel 0.7 miles to Ocean Drive. The Sexton Plaza parking lot is located on the eastern side of the intersection of Beachland Blvd and Ocean Drive. Sexton Plaza is located just south of the midpoint of the project at R 81.5.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.6624°
Longitude -80.3583°
PROJECT PURPOSE:
Basic: To restore and maintain the Atlantic Ocean shoreline.
Overall: To restore and maintain the area of critical erosion along the Sector 5 project area shoreline in Indian River County through the placement of sediment on the beach.
EXISTING CONDITIONS: The Sector 5 shoreline has endured long‐standing background erosion primarily due to cumulative impacts of large storm events, most recently effects from Hurricane Matthew in October 2016 and Hurricane Irma in September 2017 (APTIM, 2017). The FDEP has designated the project shoreline (R‐70 to R‐86) as, “critically eroded with development and recreational interests being threatened” (FDEP, 2016). The project area loses an average of ‐12,500 cubic yard (cy) per year above mean high water (measured as the background volume change between June 2002 and March 2017). This rate incorporates a variety of volume changes experienced in any given year of the timeframe: from years of very minor erosion (or accretion), to major storms producing many times the annual erosion rate from a single event. For example, approximately ‐132,000 cy were lost above mean high water from Hurricane Matthew, which is more than 10‐times the calculated average annual rate.
To combat erosion thus far, coastal armoring and small‐scale sand placement has been utilized. Coastal armoring efforts have primarily been in the form of seawalls at various discrete properties to protect upland infrastructure. In some areas, exposed armoring has resulted in narrow deflated beaches adjacent to the structures. Small‐scale sand placement efforts have principally been in the form of dune maintenance projects in response to severe storm impacts (operating under one time area‐wide permits). Small‐scale dune maintenance, however, has not been enough to fully combat the erosion experienced on this shoreline; thus, leaving the beach and adjoining infrastructure currently vulnerable to future erosion and storm impacts. Additionally, a Prefabricated Erosion Prevention (PEP) Reef currently resides in the shallow waters just offshore of the project area. The submerged structure spans approximately 3,000 ft between the Village Spires Condo (R‐80.4) and Humiston Park (R‐83.4), and consists of interlocking precast concrete units arranged in 11 shore‐parallel segments of an alternating inshore–offshore configuration. The experimental structure was installed in August 1996 and intended to reduce wave energy and stabilize the beach in the lee of the structure.
PROPOSED WORK: The applicant seeks authorization to discharge 155,000 cy yards of beach quality sand to restore and maintain the area of critical erosion along Sector 5. A total of 2,700 cy of beach quality sand is proposed to be placed below the mean high water line. The fill below the mean high water line would span 2.59 acres.
The proposed activity is expected to reduce the vulnerability of the upland infrastructure by placing beach‐compatible fill sand to dissipate wave energy and provide a buffer between the ocean and upland property, along with preserving the environmental, recreational and aesthetic value of this coastline. The overall magnitude of volume for the project is limited by the objective to avoid hardbottom impacts. As such, the project was designed to place fill in the beach/dune system to provide storm protection, while avoiding impacts to the nearshore hardbottom. The proposed activity is consistent with the County’s Beach Preservation Plan (BPP, CB&I, 2015), which details strategies for the management and long‐term sustainability of its coastline. The proposed activity is also consistent with the FDEP’s Strategic Beach Management Plan (FDEP, 2015).
The window for construction will be outside of sea turtle nesting season, between November 1 and April 30 of the following year. Construction is anticipated to take approximately 3.5 months (±), and to be completed in a single non‐nesting season. If construction cannot be completed in a single non‐nesting season, then construction will continue into the following non‐nesting season. Mobilization and demobilization would require an additional 2 weeks (±) before and after construction, respectively. If portions of mobilization or demobilization occur before November 1 or after April 30, then the contractor will be required to have all equipment off of the beach during this time.
Sand for the project would be obtained from an upland sand source and truck hauled to the beach fill site. An off-shore sand source has not been proposed at this time.
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 proposed project includes a relatively small percentage of the total fill volume to be placed seaward of the mean high water line. Also, it is expected that the proposed mechanical sand placement (rather than a dredge and fill approach with hydraulic sand placement) will minimize impacts to water quality. Compliance with turbidity monitoring requirements will ensure turbidity levels remain within permitted limits.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Impacts to waters of the United States are expected be minimal and temporary, thus the need for compensatory mitigation should not be required.
CULTURAL RESOURCES: The Corps has determined the permit area the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the loggerhead sea turtle, leatherback sea turtle, green sea turtle, hawksbill sea turtle, Kemp’s ridley sea turtle, West Indian manatee, southeastern beach mouse, roseate turn, red knot, piping plover, North Atlantic right whale, humback whale, giant manta ray, smalltooth sawfish, and the shortnose sturgeon or its designated critical habitat. The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with these determination pursuant to Section 7 of the Endangered Species Act.
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 2.59 acres of marine and water column utilized by various life stages of managed species for the placement of beach quality sand. The Corps is aware of live/hardbottoms and worm rock reefs immediately adjacent to the discharge site. Live/hardbottom and worm rock are EFH for juvenile and adult gag and yellowedge
grouper, gray and mutton snapper, and spiny lobster. In addition, the South Atlantic Fishery Marine Coucil also designates live/hardbottom and worm rock as Habitat Areas of Particular Concern (HAPC) for the snapper/grouper complex or highly migratory pelagic species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Ocean because no nearshore hardbottom or work rock HACP’s will be directly filled by the proposed sand placement. 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.
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 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 andrew.w.phillips@usace.army.mil; by facsimile transmission at (321)504-3803; or, by telephone at (321)504-3771 extension 14.
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.