TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a complete prospectus proposing the establishment of a mitigation bank pursuant to the 2008 Compensatory Mitigation for Losses of Aquatic Resources regulations (33 CFR Part 332) as described below:
APPLICANT: NASA Kennedy Space Center
Ms. Rosaly Santos-Ebaugh
Mail Code SI-E2
Kennedy Space Center, Florida 32899
LOCATION: The proposed project, identified Kennedy Space Center Mitigation Bank (KSCMB), is a proposed umbrella mitigation bank with three project sites. The projects sites are listed below.
Site 35 encompasses 75 acres and is a historical spoil pile and mosquito impoundment. Site 35 is located on Static Test Road adjacent to the Banana River in Section 33, Township 22 South, Range 37 East, Brevard County, Florida.
Site 46 encompasses 33 acres and is an abandoned citrus grove. Site 46 is located west of Kennedy Parkway South and west of the Florida Power & Light (FPL) solar farm in Section 14, Township 23 South, Range 36 East, Brevard County, Florida.
Site 49 encompasses 27 acres and is an abandoned citrus grove. Site 49 is located east of Kennedy Parkway South on East Crisafulli Road in Section 30, Township 23 South, Range 36 East, Brevard County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Site 35
Latitude: 28.535113°
Longitude: -80.617387°
Site 46
Latitude: 28.487947°
Longitude: -80.693494°
Site 49
Latitude: 28.460379°
Longitude: -80.664597°
PROSPECTUS SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the KSCMB prospectus online so that it is available for review by the public. The prospectus may be downloaded from the Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) at web address: https://ribits.ops.usace.army.mil/ords/f?p=107:2.
Once on the RIBITS homepage, select "Jacksonville" from the "ALL DISTRICTS" drop down menu located in the lower left corner of the screen. Once the district filter has been selected, click on the “Banks & ILF Sites” link located in the Navigation box (upper left corner). This will generate a list of projects, scroll down the list and click on the “Kennedy Space Center MB” link. On this page, click on the "Cyber Repository" link located on the menu bar above the General Information box, then click on the Prospectus Documents folder to access the prospectus associated with the KSCMB project.
If you are unable to access the web address, a copy of the prospectus is available upon request to the project manager listed at the end of this public notice.
PROJECT GOALS AND OBJECTIVES: The applicant seeks authorization to establish, re-establish, enhance, and preserve and protect wetlands and uplands on three project sites totaling 134-acres. The primary ecological goal of the KSCMB is to improve fish and wildlife habitat, use/connectivity, and improve the overall integrity of ecological communities within Merritt Island National Wildlife Refuge and the Indian River Lagoon watershed. Specific restoration objectives include:
Site 35
Re-establishment of approximately 3.8 acres of tidal marsh wetlands.
Establishment of approximately 16.8 acres of tidal marsh wetlands.
Enhancement of approximately 3.3 acres of tidal swamp wetlands.
Enhancement of approximately 39.6 acres of tidal marsh wetlands.
Enhancement of approximately 11.2 acres of upland hardwood forest.
Site 46
Re-establishment of approximately 4.5 acres of hydric hammock and basin swamp wetlands.
Re-establishment of 2.8 acres of upland mixed forest.
Enhancement of approximately 23.5 acres of hydric hammock and basin swamp wetlands.
Enhancement of approximately 1.7 acres of upland mixed forests.
Site 49
Establishment of approximately 17.9 acres of wet prairie and depression marsh wetlands
Enhancement of approximately 0.5 acre of depression marsh wetlands.
Re-establishment of approximately 5.4 acres of hydric hammock and basin swamp wetlands.
ECOLOGICAL SUITABILITY OF THE SITE: A review of available information indicates that the project sites historically consisted of the following conditions.
Site 35
Site 35 was historically estuarine herbaceous wetlands associated with the Banana River and freshwater flows from the west along with a small area of mesic forested uplands in the southwest corner of the site. Open-water pools were also present. Before 1970, the north portion of the site was used as a dredge spoil disposal site and areas to the south were converted to a mosquito impoundment. In 2004 aerial imagery, the spoil pile and dredged area west of the impoundment levee are apparent.
Site 46
Historically, aerial imagery of Site 46 is not available from 1943. Site 46 was likely
historically pine flatwoods or palmetto prairie with limited canopy cover based on adjacent areas. Site 46 is an upland area that was converted to a citrus grove from the
1940s through 2006. Figure 10-5 provides a 2004 aerial map.
Site 49
Site 49 is an upland area that was converted to a citrus grove after 1943 but before 1958 and remained an active grove until 2006. Before citrus production, it was likely a xeric scrub ridge dominated by herbaceous and shrub species consistent with the relic beach dunal ridge and swale system found in this region.
ESTABLISHMENT AND OPERATION OF THE BANK: The proposed KSCMB would be established and operated by Kennedy Space Center as the Sponsor with the assistance of Jones Edmunds. The property that comprises the KSCMB is owned by Kennedy Space Center. The KSCMB is proposed to be established as an umbrella mitigation bank. Following KSCMB successful implementation and attainment of final success criteria, long-term management activities will be implemented in order to ensure the sustainability of KSCMB. In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed KSCMB.
PROPOSED SERVICE AREA: The project is located within the Cape Canaveral Subbasin identified as Hydrologic Unit Code (HUC) 03080202. The Applicant proposes a Mitigation Service Area (MSA) that is coincident with the secured and unsecured lands within the Kennedy Space Center property. The KSCMB MSA is anticipated to include wetland habitat communities that could reasonably be expected to occur on the KSCMB.
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:
Option A: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Piping Plover (Charadrius melodus), American crocodile (Crocodylus acutus), Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis)
West Indian Manatee (Trichechus manatus), Red knot (Calidris canutus rufa), Eastern indigo snake (Drymarchon corais couperi), Florida scrub-jay (Aphelocoma coerulescens), Green sea turtle (Chelonia mydas), Everglade snail kite (Rostrhamus sociabilis plumbeus), Red-cockaded woodpecker (Picoides borealis), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle (Caretta caretta), Atlantic salt marsh snake (Nerodia clarkii taeniata), Southeastern beach mouse (Peromyscus polionotus niveiventris), Wood stork (Mycteria americana), Audubon's crested caracara (Polyborus plancus audubonii) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
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 not have a substantial adverse impact on EFH or Federally managed fisheries in the Indian River Lagoon and Atlantic Ocean. 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.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
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.
COMMENTS: Comments regarding the proposed mitigation bank should be submitted in writing to the District Engineer at the address below within 30 days from the date of this notice.
The initial evaluation pertaining to whether or not this mitigation bank proposal has the potential for providing compensatory mitigation for activities authorized by issued Department of the Army permits will be based on the information contained in the prospectus, received from this public notice and obtained during an inspection of the project site.
If you have any questions concerning this proposed project, you may contact Ms. Shannon White by electronic mail at shannon.c.white@usace.army.mil, by fax at 904-232-1904, or by telephone at 904-232-1981 or at the following address:
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P. O. BOX 4970
JACKSONVILLE, FLORIDA 32232-0019
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: After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by Department of the Army permits. That determination 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. Factors relevant to the proposal will be considered including 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.
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 proposed activity. All comments received will be considered by the Corps during the formulation of the initial determination of potential for 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.