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 U.S.C. §403), as described below:
APPLICANT: City of Port Orange
Mr. Jake Johansson
1000 City Center Circle
Port Orange, FL 32129
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Rose Bay-Spruce Creek Frontal Hydrologic Basin (10-digit Hydrologic Unit Code (0308020101). This project is located along the north shoreline of rose Bay south of Nova Road and primarily west of US 1 with s portion of the site east of US 1, in Port Orange, Florida. The project is further located in Section 15, Township 16 South, Range 33 East, Volusia County, Florida.
Directions to the site are as follows: From I-95 take S.R. 421 (Dunlawton Ave) east to U.S. 1, then travel south on U.S. 1 to Rose Bay, the site is on the north side of the bay.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.10585°
Longitude -80.97603°
PROJECT PURPOSE:
Basic: Shoreline Restoration
Overall: Shoreline Restoration of Rose Bay in Port Orange, Volusia County, Florida.
HISTORY: Rose Bay has been the subject of several habitat restoration projects including muck removal, causeway removal, shoreline stabilization, etc. This project is another restoration project aimed at restoring shoreline habitat which in turn will aid in promoting better water quality health.
EXISTING CONDITIONS: The existing shoreline along Rose Bay on the north side is primarily residential, with a few commercial sites. The shoreline consists of some areas of rip-rap rubble, and docking structures; and the vegetation is sporadic with some areas of patchy smooth cordgrass and some mangroves present, mixed with a few other high marsh species.
PROPOSED WORK: The applicant seeks authorization to construct living shoreline components along approximately 1.6 miles of shoreline in Rose Bay. The components will consist of bagged oyster shells, mangroves, and smooth cordgrass plugs; furthermore, debris and exotic species removal will also be a component of the project along with long-term community-led monitoring and maintenance. The applicant is seeking a 10 year permit to complete the proposed restoration.
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:
“This project is a shoreline restoration project and the goal is habitat restoration, therefore the impacts to the aquatic environment will be minimal and overall beneficial.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Due to the relatively low impact to the aquatic environment, and beneficial nature of the project, no 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: The Corps has determined the proposed shoreline placement may affect, but is not likely to affect the West Indian Manatee (Trichechus manatus latirostris), pursuant to review of the “State of Florida Effect Determination Key for the Manatee in Florida” (April 2013). Review of the Manatee key resulted in the following sequential determination: A>B>C>G>N>O>P> may affect, not likely to adversely affect. The applicant agrees to follow the ‘Standard Manatee Conditions for In-Water Work (2011)’, and per the key, no further consultation is required for this species.
The Corps has determined the proposed shoreline placement, may affect, but is not likely to adversely affect the threatened loggerhead sea turtle (Caretta caretta), the endangered green sea turtle (Chelonia mydas), the endangered Kemp’s ridley sea turtle (Lepidochelys kempii), and the smalltooth sawfish (Pristis pectinata). The Corps will coordinate with the National Marine Fisheries Service (NMFS) through their US Army Corps of Engineers Jacksonville District Programmatic Biological Opinion (JAXBO) program for concurrence of a may affect, not likely to adversely affect determination. No further consultation will be required.
The proposed activity is not within the Core Foraging Area (CFA) of a wood stork rookery; the project supports marginally Suitable Foraging Habitat (SFH) for wood stork. Based on the Effect Determination Key for the Wood Stork in Central and North Peninsular Florida (dated September 2008), the Corps’ determination sequence was A>B>C>D>E = “may affect but is not likely to adversely affect”. The determination is supported by SFH compensation provided by an amount of habitat and foraging function equivalent to that of impacted SFH; and is not contrary to the Service’s “Habitat Management Guidelines for the Wood Stork in the Southeast Region”. The project will benefit the species by increasing SFH in the area. No further consultation is required.
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. Our initial determination is that the proposed action would have no impact on EFH. 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 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, John Palmer, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926, by electronic mail at John.Palmer@usace.army.mil, by fax at (321) 504-3803, or by telephone at (321) 504-3771, extension 10.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.