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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2020-00896 (SP-BJC)

Published June 9, 2020
Expiration date: 6/24/2020

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:  U.S. Air Force, 45th Space Wing
                       Attn: Mr. Patrick Giniewski
                       45 CES/CEI, 1224 Jupiter Street
                       Patrick Air Force Base, Florida 32925

WATERWAY AND LOCATION: Three project locations totaling approximately 9,600 feet of Banana River shoreline within Cape Canaveral Air Force Station (CCAFS) would affect waters of the United States associated with the Banana River subbasin (HUC 03080201). The “South Gate” shoreline is located at the south end of CCAFS, north of Samuel C. Phillips Parkway, and is approximately 1,380 linear feet; the “Patrol Road” shoreline is located along Patrol Road near the north end of CCAFS and is approximately 3,180 linear feet; and the “Titan III” shoreline is located along Titan III Road also near the north end of CCAFS and is approximately 3,970 linear feet on the south side of the road and approximately 1,100 linear feet on the north side of the road. The three locations are in Sections 1 and 11, Townships 23 and 24 South, and Range 37 East in Brevard County, Florida.

Directions to the site are as follows: Take I-95 to FL 528 E toward Port Canaveral. Take the exit toward Port Canaveral/N Cargo Piers. Continue on FL-401 to the Badging Office. The South Gate Shoreline is across FL-401 (Samuel C. Phillips Parkway).

APPROXIMATE CENTRAL COORDINATES:
“South Gate”   Latitude: 28.419324°
                          Longitude: -80.606579°

“Patrol Road”   Latitude: 28.527569°
                           Longitude: -80.585559°

“Titan III”           Latitude: 28.520772°
                           Longitude: -80.589421°

PROJECT PURPOSE:

Basic: Shoreline stabilization

Overall: Implement shoreline stabilization techniques to prevent further erosion of heavily eroded areas along the shoreline within Cape Canaveral Air Force Station.

EXISTING CONDITIONS: Shorelines consist of heavily eroded sandy soil with little to no vegetation or hardened structures to prevent future erosions. At both the Patrol Road and Titan III Road sites the erosion is in danger of impacting the integrity of the road.

PROPOSED WORK: The Patrol Road project will included: 2,983 feet of bulkhead along the north shoreline, 239 feet of rock revetment & repair of existing rip rap along the north shoreline, and 107 feet of rock revetment with plantings along the south shoreline.

The Titan III Road project will include: 994 feet of rock revetment along the north shoreline, 346 feet of existing rock revetment to be repaired on the north shoreline, and 3,634 feet of rock revetment construction along the south shoreline.

The South Gate project will include: 1,335 feet of rock revetment construction with 10 rock groins.

AVOIDANCE AND MINIMIZATION INFORMATION – The project utilizes established shoreline stabilization methodology and is considered a restoration project.

COMPENSATORY MITIGATION – Mitigation is not required as the project is considered restoration.

CULTURAL RESOURCES:

The Corps determined the proposed project would have no potential to cause effect to historic properties. There are known cultural resource sites located within the permit area, however, through previous coordination for another shoreline stabilization project, it was determined by SHPO and the Tribes, that installation of shoreline protection including living shorelines with no excavation are of such limited nature and scope that there is little likelihood of impinging on a historic property even if such property were to be present within the permit area.

ENDANGERED SPECIES:

West Indian Manatee: The RAR report identified the work area as part of the Manatee consultation area. The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A (project in waters accessible to manatees) ->B (any type of in-water work in a WWAA or No Entry Area) = May Affect.

Wood Stork: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork and its designated critical habitat. The Corps completed an evaluation of the project based upon the US Fish and Wildlife Service (FWS) North Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (September 2008). Use of the Key for Wood Stork resulted in the following sequential determination: A (The project is more than 2,500 feet from a colony site.) > B (Project does not impacts SFH) = “no effect” for wood storks. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.

Eastern Indigo Snake: The Corps has determined the proposed project will have no effect to the Eastern Indigo Snake and its designated critical habitat. Based upon review of the Corps and Service’s Eastern Indigo Snake Programmatic Effect Determination Key (dated August 13, 2013), the proposed project resulted in the following sequential determination: A (The project is located in open water or salt marsh.) = “no effect” for the Eastern indigo snake. No further consultation was required.

The site is located within the consultation area for Atlantic salt marsh snake (Nerodia clarkii taeniata), and piping plover (Charadrius melodus). Suitable habitat for these species does not occur on, or adjacent to, the subject property. The Corps determined there would be no effect on these species. The Corps has determined the proposal would have no effect on any other federally 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. The RAR report identified the work area as EFH for shrimp, snapper, and grouper. 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 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 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 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, Brandon J. Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at brandon.j.conroy@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (504) 321-3771 x11.

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 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.