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:
William G. Allen
Carolina Holdings II, LLC
1645 Village Center Cir, Suite 170
Las Vegas, NV 89134
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon. The project site is located at 5725 South Washington Ave, in Section 4, Township 23 South, Range 36 East, Brevard County, Titusville, FL 32796.
Directions to the site are as follows: From Jacksonville, FL head south on I-95 towards Daytona Beach for 134 miles. Take exit 215 towards SR-50/Titusville head east for 0.3 miles. Turn Left on Cheney Highway (SR-50) towards US-1 for 0.4 miles. Turn right onto Columbia Blvd (SR-405 S) towards Kennedy Space Center, head west for 4.3 miles. Take Ramp onto S. Washington Ave (US-1 N) go North for 0.8 miles, site will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.537020°
Longitude -80.782867°
PROJECT PURPOSE:
Basic: Shoreline Stabilization
Overall: To conduct localized shoreline stabilization efforts to stop current and future erosion of the Antigua Bay property shoreline abutting the Indian River Lagoon.
EXISTING CONDITIONS: The aquatic resources consist of a benthic euryhaline system associated with the Indian River Lagoon that is experiencing varying degrees of stress due to unabated erosion along the adjacent shoreline. The specific erosion includes the loss of upland soil, roadways, and vegetation which currently impacts the upland habitat and benthic environment in proximity to the upland land mass. The onsite vegetation consists of shrub and brushland (FLUCCS 3200). The existing area surrounding the project area consists of the Indian River Lagoon, roadways, the Enchanted Forest Nature Sanctuary, low density residential housing, and Space Coast Regional Airport.
PROPOSED WORK: The applicant seeks authorization to perform restoration of the eroded upland area and stormwater management system which will require approximately 3.0 acres of fill within waters contiguous with the Indian River Lagoon and an estimated volume of 32,760 cubic yards of fill material. The sand fill material will be obtained from within the project site. The shoreline will be stabilized with rip rap stone 1 to 3 feet in diameter purchased and imported from offsite. Imported material will be temporarily stockpiled in uplands not occupied by listed species. The upland buffer restoration project will include floating turbidity curtains as shown on the construction plans to preserve the water quality of the Indian River Lagoon during construction.
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:
“Work in surface waters is limited to the restoration of the upland buffer preserved under a conservation easement in favor of the SJRWMD to the 1.1' Safe Upland Line as shown on final approved engineering plans authorized under SAJ-2017-02889 issued on June 14, 2018. The proposed work in surface waters is the minimum required to restore the upland buffer zone to previously permitted 1.1' Safe Upland Line and reclaim land lost where the stormwater treatment system is to be constructed to serve residential development areas. To ensure the buffer zone does not erode again, the shoreline will be stabilized with clean riprap stone 1 to 3 feet in diameter with filter fabric base at a 2:1 slope. The bench and side slope to top of bank will be stabilized with Armormax 75 High Performance Turf Reinforcement Map and planted with native ground cover, shrub and tree species. No work or stabilization measures are proposed within the small shoreline wetland at the northeast corner of the project site. All proposed work in surface waters are locations that were non-jurisdictional uplands at the time of permit issuance.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“Erosion results in suspended material which degrades water quality. The stabilization and planting efforts will prevent future erosion thereby improving water quality within the Indian River Lagoon.”
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
Option A: The Corps has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Atlantic Salt Marsh Snake (Nerodia clarkia), Florida Scrub Jay (Aphelocoma coerulescens), Audubon’s Crested Caracara (Caracara cheriway), Wood Stork (Mycteria americana) 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.
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 3.0 acres of euryhaline benthic habitat potentially utilized by various life stages of shrimp (Farfantepenaeus spp., Penaeus sp., and/or Litopenaeus spp.), snapper (Lutjanus spp.) and grouper (Mycteroperca spp. and/or Epinephelus spp.). 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. 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.
Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.
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. The jurisdictional line has not been verified by Corps personnel.
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, 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, 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; 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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the South Florida Water Management District (SFWMD) and/or Florida Department of Environmental Protection (FDEP). The project is being reviewed under Environmental Resource Permit no. 101244-9.
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.