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 USC 1344) as described below:
APPLICANT: Rosaly J. Santos-Ebaugh
NASA Kennedy Space Center
SI-E2
KSC, FL 32899
WATERWAY AND LOCATION: The project would affect waters of the United States (WoUS) associated with the Atlantic coast. The project site is located along the Atlantic coast dune system situated within John F. Kennedy Space Center (KSC) in the proximity of the Cape Road and Crawler Way Intersection, in Section 34, Township 21 South, Range 37 East, Brevard County, Florida.
Directions to the site are as follows: From Jacksonville, Take I-95 South; take Exit 215 for FL-50E Toward Titusville, Turn Left on FL-50E/Columbia Boulevard, and Continue on NASA Causeway which becomes NASA Parkway West. Take NASA Parkway to Kennedy Parkway North and go north. Turn right on Saturn Causeway. Turn left on Crawler Way and continue until you reach the Cape Road intersection.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.622399° Longitude -80.607393°
PROJECT PURPOSE:
Basic: Shoreline stabilization
Overall: To provide additional shoreline protection for critical infrastructure at Kennedy Space Center, Florida.
PROJECT HISTORY: The Project site includes a primary dune system and abandoned railroad track, portions of which were constructed on or in close proximity to the subject dune. Erosion and hurricanes caused the dune in the project area to recede, destroying the railroad track and in some areas overtopping the track. Immediately west of the railroad track and dune, is a wetland system that may connect during extreme storm events to the Atlantic Ocean. West of the railroad track and primary dune are wetlands which are impounded by Cape road. During the last three years hurricanes have compromised the railroad bed and dune. On January 17, 2018, the Corps verified Nationwide Permit (NWP) 45 (Repair of Uplands Damaged by Discrete Events) for the Kennedy Space Center (KSC) Emergency Dune Repair project.
Subsequently, due to continued erosion of the eastern dune face, NASA determined the dune width is not adequate in several areas since they are historical erosion focal points and submitted an application to widen the dune to the west along portions of the dune between monuments V-74 to V-78 and V-80 to V-85.
EXISTING CONDITIONS: The review area for the proposed work comprises of approximately 1.5 linear miles of coastal beach and dune on KSC. The review area can be characterized as coastal dune, scrub uplands, and estuarine and freshwater wetlands. Portions of the review area consists of 6.7 acres of mangrove swamp wetland (FLUCCS 6120), of which 1.57 acres are proposed to be filled and 6.0 acres of mixed scrub-shrub wetlands (FLUCCS 6460), of which 0.09 acres are proposed to be filled. Upland areas including coastal scrub (FLUCCS 322) and coastal shoreline (FLUCCS 652) habitat that extend north-south within the entire review area and are ubiquitous along the coast. Aging and modern infrastructure also exists within the review area, including sections of derelict railroad (FLUCCS 812) adjacent or buried under the current dune systems, as well as improved and unimproved roads (FLUCCS 814) that are critical to the safe operation and maintenance of Kennedy Space Center’s downrange launch platforms.
PROPOSED WORK: The proposed work includes the placement of 40 additional feet of sand west of the current westerly landward edge of the existing dune between sections V74 through V78, and V80 through V85. The proposed action would result in the placement of fill material in approximately 1.66 acres of WOTUS (1.49 acres estuarine/0.27 acres palustrine wetlands).
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:
“Avoidance and minimization of wetland impacts was addressed during the design. Wetland impacts were avoided and minimized by only proposing additional restoration in key areas that have been erosion focal points.”
COMPENSATORY MITIGATION – The applicant has provided the following information in support of mitigation for impacts to the aquatic environment:
Compensatory mitigation will be provided at the Shiloh Impoundment Restoration project (SAJ-2002-05046) by the debiting of an additional 1.2 mitigation credits from the federal ledger.
CULTURAL RESOURCES:
By copy of this public notice, the Corps is providing information for review. On July 8, 2015, the State Historic Preservation Office provided an opinion stating the proposed action would have no effect on historic properties.
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 1.67 acres of estuarine wetlands. 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. Our final determination relative to the project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
ENDANGERED SPECIES:
The U.S. Fish and Wildlife Service (FWS) provided a biological opinion (BO; 2010-F-0285) dated May 10, 2010, for 750-feet of dune restoration at KSC. The BO was modified on October 25, 2013, under consultation 2013-F-0264, to expand the action area to a 1.2 mile-long section of dune. NASA requested a second modification to include the entire 3.6-mile dune restoration project on September 22, 2017.
On February 9, 2019, FWS provided NASA concurrence (2018-E-00251) that the proposed project “may affect but would not likely adversely affect” (NLAA) loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp’s Ridley (Lepidochelys kempii) nesting sea turtles; and eastern indigo snake (Drymarchon corais couperi). The consultation resulted in a “no jeopardy” opinion for southeastern beach mice (Peromyscus polionotus niveiventris).
Based on the Effect Determination Key for the Wood Stork (Mycteria americana) in Central and North Peninsular Florida (dated September 2008), the Corps determination sequence is as follows: A (Project impacts SFH at a location greater than 0.47 miles from a colony site) > B (Project impact to Suitable Foraging Habitat (SFH) > C (Project impact to SFH is greater than 0.5 acres) > D (Project impacts to SFH within the CFA of a colony site or wood stork documented foraging onsite) > E (Project provides SFH compensation) = NLAA. The project provides SFH compensation within the CFA consisting of an amount of habitat and foraging function equivalent to that of the impacted SFH; in accordance with the Clean Water Act section 404(b)(1) guidelines, and is not contrary to the habitat management guidelines. The Corps has determined the proposed project NLAA wood stork. Based on the use of the Determination Key for the Wood Stork no further consultation is required.
Based on existing habitat, wildlife surveys, and the general inaccessibility of the estuarine marsh to aquatic species, the proposed action would have no effect on terrestrial and/or in-water federally listed species.
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 Dr., Cocoa, Florida, 32926 within 15 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 tidal waters. 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 Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida, 32926; by electronic mail at corey.m.maier@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (321) 504-3771 ext. 15.
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.