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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: City of Flagler Beach
Attention: Michael Abels
P.O. Box 70
Flagler Beach, Florida 32136
WATERWAY AND LOCATION: The proposed work would affect waters associated with the Atlantic Ocean. The project site is located at 215 South Ocean Shore Boulevard, in Section 12, Township 12 South, Range 31 East, Flagler Beach, Flagler County, Florida.
Directions to the site are as follows: From Interstate (I) 95, travel east on State Road 100 East/East Moody Boulevard to Ocean Shore Boulevard/A1A. Travel south on Ocean Shore Boulevard/A1A for 0.09 mile and the project site is located on the left at 215 South Ocean Shore Boulevard/A1A.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.479974°
Longitude -81.126280°
PROJECT PURPOSE:
Basic: The basic project purpose is replacement and expansion of an existing fishing pier.
Overall: The overall project purpose is replacement and expansion of the existing dilapidated Flagler Beach Fishing Pier, to include construction of a temporary trestle to support construction of the pier.
EXISTING CONDITIONS: The project area encompasses nearshore ocean water with a depth ranging from 0-feet to 25-feet and the substrate is primarily composed of unconsolidated soft bottom (sand). The nearest inlet, Matanzas Inlet is approximately 18.6 miles north, thus there is no estuarine or riverine habitat in the vicinity of the action area. Previous studies, including side-scan surveys conducted in 2011 and 2019, indicated that there were no submerged aquatic vegetation or hardbottom/reef resources within the proposed project footprint on those survey dates (CEG 2020).
Furthermore, according to the National Oceanic and Atmospheric Association Essential Fish Habitat mapper, the nearest hardbottom habitat is approximately 6 nautical miles to the southeast of the project area. Two habitats managed by the South Atlantic Fisheries Management Council (SAFMC) were identified as essential fish habitat within in the project area: soft bottom (subtidal, intertidal non-vegetated flats) and water column (oceanside waters, from the surf to the shelf break zone). No HAPCs occur within the project area.
PROPOSED WORK: The applicant seeks authorization for the following:
1. To work in a water of the United States (open, tidal water) to remove the existing pier. The demolition would include removal of the remaining 7,760-square-feet area of timber pier with extraction of 108 timber piles. More specifically, 388-feet by 20-feet-wide of existing pier would be removed. The existing timber pier will be removed primarily using land-based equipment operating from the temporary construction trestle. The timber from the historical pier be collected as part of the demolition for future reuse. Therefore, care will be taken to carefully cut and remove all existing planks, handrails, joists, caps, braces, piles and any other timber elements during demolition. These items will then be transported to an upland storage location for sorting and distribution. Timber and metal connectors that will not be repurposed or recycled will be removed to an upland location and disposed of appropriately. The contractor will make every effort to remove all of the piles in their entirety with a pile extractor / vibratory hammer. If the piles break during removal, the contractor will have to cut the remaining pile at the mudline. A barge with crane and/or a support vessel for divers may also be needed to remove existing debris on the seafloor that could affect installation of the new concrete piles or if the piles need to be cut at the mudline.
2. To work in a water of the United States (open, tidal water) to construct a 33,000-square-foot temporary construction trestle on the south side of the proposed new pier footprint. More specifically, the trestle would be 1,100-foot-long by 30-foot-wide that would include installation of 116 plumb piles that would be 24-inches-wide and made of steel pipe installed by vibratory hammer and/or impact hammer and/or jetting and installation of 116 batter piles HP 14x73 made of steel installed by vibratory hammer and/or jetting, a steel super structure, which includes caps, girders, and joists, and installation of timber decking with an elevation of approximately 28-feet NAVD88. No more than 5 piles would be installed per day. The temporary construction trestle will be entirely removed once construction of the new pier is complete, which is expected to take approximately 24 days. The temporary trestle would be 30-feet-wide by 170.27-feet to 202.69-feet-long (due to the angle) for the portion of the structure located landward of the mean high water line (reference Sheet S-100). The pile installation related to the trestle would take approximately 50-54 days. The portion of the temporary trestle above the mean high water line is not under jurisdiction of the Corps; however, the impacts would be reviewed under the National Environmental Policy Act, Endangered Species Act, and under the National Historic Preservation Act.
The actual temporary construction trestle materials will be determined according to the contractor’s preferences. Therefore, alternative to installing the steel pipe piles and steel HP piles as identified above, 116 24-inch square concrete piles may instead be installed by impact hammer and/or jetting. This proposed method of pile installation would take approximately 54 days.
3. To work in a water of the United States (open, tidal water) to construct a new 20,840-square-foot pier. More specifically, the pier would be 715-feet-long by 25-feet-wide from the mean high water line with a 20-feet-long by 32-feet-wide T-head. The T-head would be at 28-feet NAVD88. The proposed action would restore the pier to its historical length of 828 feet - established by the existing submerged lands lease - by retaining and repairing 82.5 feet of existing timber pier and replacing the waterward 715 linear feet of pier. The pier would include installation of 116 piles comprised of 24-inch-square prestressed concrete installed by impact hammer or jetting and no more than 4 piles would be installed per day. The pier would include construction concrete decking and timber breakaway deck panels. The pier would also include Americans with Disabilities (ADA) accessibility features which includes a 5% (1H:20L) slope to the new pier deck elevation and ADA handrails, installation of a firewater system, fish cleaning stations and trash receptacles, benches, shade structures, and marine turtle-friendly lighting.
Additional work not authorized by any permit, but reviewed under NEPA, ESA, and Section 106 would include work landward of the mean high water line to repair the remaining 113-linear-feet of pier. The repairs would include installation of structural pile jackets, repair of pile caps, stringers and bracing, and replacement of connection hardware and tie-downs.
Upon completion, the Flagler Beach Fishing Pier would be accessible to visitors and anglers both day and night. The pier would be open throughout the year. Estimated usage would vary daily and seasonally; however, recent records estimate 200 to 250 average daily visitors throughout the year. The applicant estimates between 250 to 300 anglers (not including other visitors) using the pier per day during peak season. The pier would have an attendant during operational hours, and the pier would include observation areas and fish cleaning stations.
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:
“No wetlands or submerged aquatic resources are located within or adjacent to the project area and no adverse impacts to wetlands or other submerged aquatic resources are proposed.” Additionally, the applicant provided proposed Conservation Measures to minimize potential effects on EFH and federally managed species, as provided in paragraph 1 in the Endangered Species Section found below.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“No wetlands or submerged aquatic resources are located within or adjacent to the project area and no adverse impacts to wetlands or other submerged aquatic resources are proposed. Therefore, no compensatory mitigation is proposed.”
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:
The U.S. Army Corps of Engineers (Corps) has determined the proposed fishing pier may affect swimming sea turtles swimming (Green (Chelonia mydas), Kemp’s Ridley (Lepidochelys kempii), Leatherback (Dermochelys coriacea), Loggerhead (Caretta caretta), Hawksbill (Eretmochelys imbricata), and Loggerhead Sea Turtle Neritic Habitat Unit LOGG-N-15), Atlantic sturgeon (Acipenser oxyrinchus oyrinchus), Shortnose sturgeon (Acipenser brevirostrum), Smalltooth Sawfish (Pristis pectinata), Giant Manta Ray (Manta birostris), Scalloped Hammerhead Shark (Sphyrna lewini), Oceanic White Tip Shark (Carcharhinus longimanus), North Atlantic Right Whale (Eubalaena glacialis), and North Atlantic Right Whale Critical Habitat Unit 2. The Corps will request initiation of formal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The U.S. Army Corps of Engineers (Corps) has determined the project may affect but is not likely to adversely affect on nesting sea turtles (Green (Chelonia mydas), Kemp’s Ridley (Lepidochelys kempii), Leatherback (Dermochelys coriacea), Loggerhead (Caretta caretta), Hawksbill (Eretmochelys imbricata), Piping Plover (Charadrius melodus), Rufa Red Knot (Calidris canutus rufa) related to the proposed upland temporary trestle. The Corps will request United States Fish and Wildlife Service’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus). The work proposed would result in the installation of a fishing pier with piles; however, the manatees would have space to swim through. Indirect effects could occur due to fishing or entanglement. The Corps would condition any permit to require monofilament recycling bins and educational signs. Utilizing this information, the Corps evaluated potential effects to the West Indian manatee using United States Fish and Wildlife Service’s (USFWS) Manatee Key Florida, April 2013 resulted in the sequence A > B > C > G > N > O > P5 > may affect, not likely to adversely affect. However, due to the proposal to utilize steel piles to be installed by impact hammer, the Corps also evaluated potential effects to the West Indian Manatee using the May 13, 2019 Manatee Key addendum. The applicant would utilize a dedicated manatee observer, with all work being stopped if a manatee is observed within 1,000 feet, no work shall occur outside of daylight hours, and no more than 5 piles/day would be installed. Therefore, the Corps determined that the proposed work would be a may affect, not likely to adversely affect, based on the Manatee Key. The USFWS previously indicated that they concur with determinations of may affect, not likely to adversely affect based on that key; and, that no additional consultation is required; however, the West Indian manatee would be included in the informal USFWS consultation for the proposed work.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana). The project site is within the 13-mile United States Fish and Wildlife Service (USFWS) North Florida core foraging area for a Wood Stork nesting colony. The Corps evaluated potential effects to Wood Stork using The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008. Use of this key resulted in the sequential determination A > B > no effect, as the project would not impact suitable foraging habitat. The USFWS previously indicated that they concur with determinations of not likely to adversely affect based on that key; and, that no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi). The Corps utilized the Eastern Indigo Snake Programmatic Effect Determination Key January 25, 2010, addendum August 13, 2013, which resulted in the sequence A > B > C > not likely to adversely affect as there are no gopher tortoise burrows, holes, cavities or other refugia where a snake could be buried or trapped or injured during project activities. The USFWS previously indicated that they concur with determinations of not likely to adversely affect based on that key; and, that no additional consultation is required.
On 15 March 2023, the Corps executed a RAR report from the National Regulatory Viewer. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any federally listed threatened or endangered species, other than those mentioned above. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any federally listed, threatened, or endangered species, other than those mentioned above.
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 1.08 acres of open, tidal water utilized by various life stages of windowpane flounder, coastal migratory pelagics, bull shark, spinner shark, lemon shark, sailfish, sandbar shark, great hammerhead shark, scalloped hammerhead shark, tiger shark, white shark, blacktip shark (Atlantic stock), blacknose shark (Atlantic stock), Atlantic Sharpnose shark, bonnethead shark, finetooth shark, sand tiger shark, bluefish, Atlantic butterfish, and summer flounder. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Highly Migratory Species Council, and Gulf Atlantic Fisheries Management Council. 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 structure 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 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 Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179.
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 St. Johns River Water Management District.
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.