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:
University of Florida
Attn: Savanna Barry
P.O. Box 878
Cedar Key, FL 32625
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico/Daughtry Bayou. The project site is generally located on the southwest side of G Street stretching from the southwest corner of the intersection of G Street and 4th Street for approximately 400 feet southeast along the southwest side of G Street toward the intersection of G Street and 2nd Street.
Directions to the site are as follows: Take SR 24 west to Cedar Key. Turn right onto 3rd Street and continue until 3rd Street dead ends at G Street. The project site is along this portion of G Street.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.135578°
Longitude -83.036564°
PROJECT PURPOSE:
Basic: The basic project purpose is shoreline stabilization and beach renourishment.
Overall: The overall project purpose is repair and stabilize a highly eroded stretch of shoreline along G Street between 4th Street and 2nd Street in Cedar Key.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. Two patches of marsh/dune vegetation, totaling approximately 0.05 acre in the northern extent of the project site, are the only remaining vegetation along the shoreline. Scattered oyster clumps are present in a portion of the site. Native salt marsh vegetation included: smooth cordgrass, salt hay cordgrass, Christmas berry (Lycium carolinianum), saltweed (Philoxerus vermicularis), and sand cordgrass (Spartina bakeri). No mangroves were found within the project site, although a small patch of black mangroves (Avicennia germinans) were present in a salt marsh patch located south of the site. The non-vegetated portion of the project site was dominated by scattered rock/concrete substrate that was colonized by oysters creating a low density discontinuous oyster bed with an estimated density of approximately 15% live oyster cover. The oyster beds within the project site have recently developed and were not present in 2018. Previous surveys of the project area for a past project revealed that relic oyster beds existed in 2008, with an estimated density of <10%.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into a total of 0.20 acre (270 linear feet) of waters of the United Sates to construct a living shoreline and renourish an eroded stretch of beach. Specifically, the applicant seeks authorization to complete the following work:
Discharge 470 cubic yards of fill material below the mean high water line (MHWL) in order to repair erosion and re-contour the existing shoreline to range from 0 to 4 feet in elevation to support planting of low (Spartina alterniflora) and high marsh (Spartina patens) vegetation to stabilize the shoreline, and to renourish a stretch of open beach between the areas of vegetation planting;
Discharge 6 cubic yards of fill material consisting of grout and oyster shell formed in a natural jute fiber casing to form a 120 linear foot sill waterward of the proposed planting placed parallel to the shoreline;
Discharge 5 cubic yards of fill material below the MHWL in the form of concrete blocks to construct two 65-foot-long by 1-foot-high jetties perpendicular to shore. One jetty would be placed on the northern extent of the living shoreline, and one jetty would be placed on the southern extent of the living shoreline.
The proposed work is more particularly described on the enclosed drawings.
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 applicant proposes to avoid established vegetation within the project footprint to the greatest extent practicable. The applicant proposes to temporarily remove any existing vegetation that would not likely survive the proposed fill placement, and replant the vegetation when the work is complete to incorporate it into the living shoreline. Similarly, the applicant proposes to avoid existing oyster concentrations within the project site to the extent practicable. The applicant proposes to temporarily relocate any such concentrations within the proposed fill footprint to a safe location and reincorporate the concentrations into the living shoreline upon completion of the proposed construction. Furthermore, the applicant proposes to utilize proper erosion and turbidity control measures throughout the proposed construction. Lastly, the applicant proposes to utilize upland donor sites to obtain the necessary fill material to construct the living shoreline.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: According to the applicant, any detrimental impacts associated with the proposed project would be minimal in scope and temporary. Conversely, the project would result in permanent beneficial impacts through the creation of a self-sustaining marsh community and living oyster concentrations. Therefore, the applicant stated that compensatory mitigation is not warranted for the proposed project.
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps noted that the proposed work would occur within the Cedar Keys Historic and Archaeological District (LV00244). However, the Corps determined that the proposed project is not likely to have an adverse effect on this resource. No aspect of the proposed work would alter any architecture or aesthetic associated with this resource.
Furthermore, the Corps determined that the proposed work is not likely to adversely affect any other unknown historic properties or resources. The proposed project site consists of a highly eroded shoreline. This erosion likely destroyed any resources that may have been present within the proposed project site.
The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES: Manatee: Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (manatee key). Use of the manatee key resulted in the following sequential determination: AàBàCàGàNàOàP4 may affect, not likely to adversely affect. The proposed project is not located in an important manatee area. The proposed project does not involve dredging. The proposed project would not impact submerged aquatic vegetation. The applicant elects to adhere to the Standard Manatee Conditions for In-Water Work, 2011. Therefore, according to the manatee key, a may affect but is not likely to adversely affect determination is appropriate. By letter dated 25 April 2013, the FWS stated that for proposed in-water activities analyzed with the April 2013 version of the Manatee Key in which the Corps reaches a may affect, not likely to adversely affect determination with respect to the manatee and/or its designated critical habitat, the FWS concurs with the Corps determination in accordance with 50 CFR 402.14(b)1 and no further consultation with the FWS is required.
The Corps has determined the proposal is not likely to adversely affect the Wood stork (Mycteria americana). Since the applicant’s proposal involves work within suitable foraging habitat for wood storks, the Corps utilized The Corps of Engineers, U.S. Fish and Wildlife Service (FWS), Jacksonville Ecological Services Field Office, and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008 (wood stork key) to evaluate the proposed project’s potential impact on wood storks. Use of the wood stork key produced the following sequence indicating that that the project is not likely to adversely affect the wood stork: AàBàC(1). The nearest documented nesting colony is 25 miles northeast of the project site. The project site is not located within a core foraging area for any wood stork colony. Lastly, the project would impact less than 0.50 acre of suitable foraging habitat. Therefore, the proposed project is not likely to adversely affect the wood stork. In correspondence that accompanied the wood stork key, the FWS stated that for proposed activities analyzed with the September 2008 version of the wood stork key in which the Corps reaches a not likely to adversely affect determination with respect to the wood stork and/or its designated critical habitat, the FWS concurs with the Corps determination in accordance with 50 CFR 402.14(b)1 and no further consultation with the FWS is 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. Three habitats in the vicinity of the project site are classified as EFH (mangrove, soft bottom, and oyster reefs) which support reef fish, coastal migratory pelagics, and shrimp; as species that may utilize the project site. The proposed work would temporarily disrupt species use of less than 0.20 acre total of these habitats. However, the proposed project would result in a net increase in these EFH types once completed.
The Corps’ initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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 Tampa Permits Section, Gainesville Field Office, 2833 NW 41st Street, Unit 130, Gainesville, FL 32606, within 30 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, James Davidson, in writing at the Tampa Permits Section, Gainesville Field Office, 2833 NW 41st Street, Unit 130, Gainesville, FL 32606; by electronic mail at james.e.davidson2@usace.army.mil; by facsimile transmission at (352)264-7733; or, by telephone at (352)264-7672.
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.