SAJ-2019-02065 (SP-TMM) Mod #1

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 modification 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:              Flagler County Board of County Commissioners

                                    Attention: Mr. Jerry Cameron

                                    Flagler County Board of County Commissioners

                                    1769 East Moody Boulevard, Building 2

                                     Bunnell, Florida 32110

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located along the shoreline of and in the navigable waters of the Atlantic Ocean at two locations between the Florida Department of Environmental Protection (FDEP) range monuments R-64.5 and R-80; and, R-94 and R-101 (North Site: Sections 19, 29, 30, Township 12 South, 32 East; South Site: Sections 26, 35, 36, 12, Township 12 South, Range 31 East), in Flagler County, Florida.  The borrow area associated with this project is located approximately 10.5 nautical miles from the shoreline.  The borrow area is located in Federal waters.  The U.S. Department of Interior (DOI), Bureau of Ocean Energy Management (BOEM), has the sole regulatory authority over the use and conveyance of Outer Continental Shelf (OCS) sand resources under the OCS Lands Act.  The applicant is coordinating with BOEM for authorization of use of federal sand resources from the borrow area.

Directions to the site are as follows: 

From the north (e.g., Jacksonville, Florida) take Interstate 95 south to Exit 284 (State Road 100 East / East Moody Boulevard). Traveling east, proceed on State Road 100 for 10 miles to the intersection of Florida Highway A1A. The project lies along two sections of the Atlantic Ocean shoreline within the City of Flagler Beach.

From the south (e.g., Daytona, Florida) take Interstate 95 north to Exit 284 (–State Road100 East / East Moody Boulevard). Traveling east, proceed on State Road 100 for 10 miles to the intersection of Florida Highway A1A. The project lies along two sections of the Atlantic Ocean shoreline within the City of Flagler Beach.

APPROXIMATE CENTRAL COORDINATES:        

Ramp Coordinates:           

                                                                            Latitude                             Longitude

Northern Ramp:                                              29.481149°                        -81.127285°
Northern Staging Area:                                  29.480557°                        -81.127525°

Middle Ramp:                                                  29.478103°                        -81.125802°

Middle Staging Area:                                      29.477965°                        -81.126316°

Southern Ramp:                                             29.441993°                        -81.109087°

Southern Staging Area East:                        29.441829°                        -81.109439°

Southern Staging Area West:                      29.441804°                        -81.109930°

Sand Mine Coordinates:

                                                                           Latitude                              Longitude

Vulcan Sand Mine – Grandin:                       29.718931°                         -81.940615°

Vulcan Sand Mine – Goldhead:                    29.829246°                         -81.973701°

Vulcan Sand Mine – Keuka:                          29.597541°                         -81.916922°

Borrow Area 3A Coordinates (Reference Figures 1a and 1b):

PROJECT PURPOSE:

Basic:  The basic project purpose is shoreline protection.

Overall:  The overall project purpose is a Flagler County Beach/Dune Restoration Project (Project Area) for shoreline stabilization to extend the Federal Flagler County Coastal Storm Risk Management project (Federal Project) for shoreline stabilization.

EXISTING CONDITIONS:  The project site is along the Coast of Flagler County between beach R monuments R-64.5 and R-80; and, R-94 and R-101. Geomorphic features include a line of dunes that range in height from 10 to 23 feet Mean Sea Level with relatively steep faces composed primarily of coquina shell hash and fine quartz sand. There are no submerged aquatic vegetation or hardbottom/reef resources in the Project Area. Nearshore and offshore environments of the Project Area, including the borrow area and pipeline corridors, consist of sand and/or shell hash. The shoreline has experienced erosion due to multiple hurricanes that have affected the area.

Offshore Borrow Area: The borrow area footprint is located in the sandy seabed of the Atlantic Ocean 10.25 nautical miles east of the on shore Project Area. The 150-meter mixing zone around the 345-acre offshore borrow area encompasses 568 acres of unvegetated, unconsolidated sandy seabed of the Atlantic Ocean. This area has already been surveyed for cultural and benthic resources as part of the Flagler County Coastal Storm Risk Management Federal Project.

Pipeline Routes: There is unvegetated, soft bottom habitat within the turbidity mixing zone at the borrow area and along the pipeline routes. The pipeline routes have already been surveyed for cultural and benthic resources. There are no benthic resources within the project area and pipeline routes have already undergone consultation with the State Historic Preservation Office on February 25, 2020, and the Seminole Tribes in Florida as of June 3, 2020.

PROJECT HISTORY: The permittee originally received authorization for the work on October 8, 2020. The permit expires October 8, 2035. Post authorization, heavy storms have impacted the area, creating additional erosion. None of the originally authorized work has occurred.

PROPOSED WORK:  The applicant seeks authorization to modify the existing Department of the Army permit for the following:

1.  A one-time dredging of approximately 500,000-cubic-yards of sand from an existing Outer Continental Shelf (OCS) borrow area known as Borrow Area 3A located approximately 10.25 nautical miles offshore of the city of Flagler Beach Florida. The 3A borrow area is approximately 490 acres with water depths ranging from approximately -52 ft. to -59 ft. NAVD 88. The hydraulic dredging would be conducted to -65.5-foot-depth NAVD 88 in Section A, -60-foot-depth NAVD 88 in Section B, and -65-foot-depth NAVD 88 in Section C, with a 2-foot of allowable over depth (reference dredge depths enclosure, Attachment 1). The three subsections within Borrow Area 3A utilized for the proposed dredge would also serve as the authorized federal borrow area for the Flagler County Coastal Storm Risk Management (CSRM) Project as further specified in the 2014 Final Integrated Feasibility Study and Environmental Assessment; however, it has been determined through detailed engineering analysis that an extensive volume of sand exists to fully support the federally authorized project in addition to the non-federal project described herein. Per the Geotech documentation submitted to the Bureau of Ocean and Energy Management (BOEM) for proposed leasing of the OCS material, the material anticipated to be dredged from Borrow Area 3A is homogenous and is composed of poorly graded fine- to medium-grained sand size quartz sand and sand to gravel size whole and broken shell fragments. Because the borrow area is in Federal waters (more than 3 Nautical Miles offshore) on the OCS, BOEM holds the authority to authorize use of OCS sand. The 500,000-cubic-yards of hydraulic dredging would be conducted to place approximately 150,000-cubic-yards of dredged material onto approximately 17-acres of waters of the United States (open, tidal water of the Atlantic Ocean shoreline and 404 waters along the shoreline) between just north of Florida Department of Environmental Project (FDEP) Range-Monument 77 south to just north of R-Monument 80 and to place 120,000-cubic-yards of dredged material onto approximately 7-acres of waters of the United States (open, tidal water of the Atlantic Ocean shoreline and 404 waters along the shoreline) between R-Monument 94 and R-Monument 96. Both of these segments are portions of the previously authorized north and south beach nourishment template segments.

2. To add new upland sand sources as options for sand placement for construction of the three access ramps in uplands. The sand sources would be commercial sand from either Vulcan – Goldhead; Vulcan – Keuka; Vulcan – Grandin. The upland sand sources would be utilized for a one-time placement of 30,000-cubic-yards of fill into 1.1 acre of uplands, landward of the high tide line, to construct three beach access ramps connecting the top of the eroded bank to the beach shoreline to allow equipment to access the project site to construct the beach template. The north ramp would have 10,000-cubic-yards of fill placed into 0.10-acre of waters of the United States (open, tidal water of the Atlantic Ocean shoreline and 404 waters along the shoreline), the middle ramp would have 10,000-cubic-yards of fill placed into 0.25-acre of waters of the United States (open, tidal water of the Atlantic Ocean shoreline and 404 waters along the shoreline), and the south ramp would have 10,000-cubic-yards of fill placed into 0.75-acre of waters of the United States (open, tidal water of the Atlantic Ocean shoreline and 404 waters along the shoreline). The ramps are now required to conduct the previously authorized Department of the Army permit from October 8, 2020 due to erosion that has resulted in lack of access to the previously authorized work. The placement of the material would be in uplands not under the purview of the Corps, but would be reviewed under the National Environmental Policy Act (NEPA), Section 106, and under the Endangered Species Act.

3. To add three upland staging areas to the area of review in order to store sand and equipment. The staging areas would be in uplands not under the purview of the Corps, but would be reviewed under the National Environmental Policy Act (NEPA), Section 106, and under the Endangered Species Act.

The proposed work aims to stabilize the shoreline on a smaller portion of the originally authorized beach nourishment project (reference areas in blue in the attached drawings) and add ramps in uplands to reach the previously authorized beach templates. Additionally, the proposed work would bolster shoreline stabilization efforts of the Federally authorized Flagler County Coastal Storm Risk Management project, which is located between the original Department of the Army authorized October 8, 2020 Flagler County permit, and would be occurring simultaneously with the Flagler County proposed one time sand placement. Due to the utilization of upland sand sources for the proposed ramps and utilization of the three upland staging areas to store sand and equipment, there is a need to regularly cross A1A to transport sand from the staging areas to the beach. Therefore, the proposed work would require the closure of A1A between US 100/Moody Boulevard and South 7th Street for approximately 90 days, which is estimated to begin on July 5th, 2024. Detours would be available and segments would be open to allow for access to local businesses. The road closures and detours will be coordinated with the Florida Department of Transportation and dates are subject to change.

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 hardbottom impacts are proposed or anticipated. Flagler County completed a side-scan survey of the nearshore and four pipeline corridors seaward of the Project Area beach in June 2019. Side-scan results were diver verified in July 2019. No hardbottom resources were found along the nearshore zone or pipeline corridors for the non-federal project. The benthic habitat in these work areas consists of sand and/or shell hash. Additionally, geotechnical evaluation of the borrow area sand has demonstrated compatibility with existing beach sediments in terms of color and grain size distribution.”

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

“The applicant noted that the work proposed would not result in the loss of aquatic functions or services or result in impacts to hardbottom. Therefore, the applicant expressed an opinion that compensatory mitigation is not warranted.”

CULTURAL RESOURCES:  The Corps 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: 

Species under the purview of the United States Fish and Wildlife Service (USFWS):

Nesting Sea Turtles:  The proposed work would result in a new upland sand source placed in uplands to construct three access ramps. The Corps has determined the proposed project may affect, but is not likely to adversely affect, nesting sea turtles, specifically loggerhead (Caretta caretta), green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea), and hawksbill (Eretmochelys imbricata). The applicant has stated that the project would follow all minimization measures, conservation measures, Reasonable and Prudent Measures, and Terms and Conditions found in the SPBO. The project would run from approximately July 5, 2024, for approximately 90 days. The project would overlap sea turtle nesting season; however, the SPBO, dated March 13, 2015, states that in Flagler County, Florida, sand placement may occur during the sea turtle nesting season. Additionally, the SPBO states that sand placement projects in Flagler County may occur during the sea turtle nesting season except on publicly owned conservation lands such as state parks. A portion of the Project area would occur within Gamble Rogers Memorial State Park. During the original permit review, the applicant received a letter of support and approval to place sand at Gamble Rogers Memorial State Park from Mr. Parks Small, Assistant Director, Florida Division of Recreation and Parks, dated October 11, 2019. The Corps intends to utilize the SPBO to conclude consultation that the Project may affect, but is not likely to adversely affect nesting sea turtles. The Corps has requested USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act under separate letter. 

West Indian Manatee:  The project site is accessible to the endangered West Indian manatee (Trichechus manatus). Death or injury to manatees could result from contact, entanglement, or collision with the hopper dredge, equipment, and vessels. Heightened awareness of the possibility that marine mammals may occur in the project area and implementing the various precautions mandated in the Marine Mammal Protection Act would decrease the possibility of inadvertently harming manatees. Adherence to the Standard Manatee Construction Conditions would minimize the Projects effects on the manatee. The Corps intends to utilize the SPBO to conclude consultation that the Project may affect, but is not likely to adversely affect manatee.  The Corps has requested USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act under separate letter.

Piping Plover and Rufa Red Knot:  The beach contains habitat for the threatened Piping Plover (Charadrius melodus) and the threatened Rufa Red Knot (Calidris canutus rufa).  The site is not located in designated critical habitat for the Piping Plover.  The applicant has stated that the project would follow all minimization measures, conservation measures, Reasonable and Prudent Measures, and Terms and Conditions found in the P3BO. Therefore, the Corps determined that the project may affect, but is not likely to adversely affect, the Piping Plover and Rufa Red Knot. The Corps intends to utilize the P3BO to conclude consultation on the effects of the project.  The applicant would adhere to similar conditions for the Rufa Red Knot, as specified in the P3BO for the Piping Plover.  The Corps intends to utilize the SPBO to conclude consultation that the Project may affect, but is not likely to adversely affect Piping Plover and Rufa Red Knot.  The Corps has requested USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act under separate letter.

Wood Stork: 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 Corps has requested USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act under separate letter. 

Eastern Indigo Snake: The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi). The dune within the project area is currently severely eroded and the vegetation has been significantly impacted in this area; therefore, habitat for the eastern indigo snake is limited within the sand placement areas. However, the southern staging area has 0.60-acre of dune vegetation, which could host habitat for the eastern indigo snake. Therefore, on August 7, 2023, the Corps conducted a site visit to evaluate for the presence of the eastern indigo snake, gopher tortoise burrows, or any refugia. One active and one inactive gopher tortoise burrow was identified and one juvenile gopher tortoise burrow were identified. Based on the information above, 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 > D > E > not likely to adversely affect as there are less than 25 gopher tortoise burrows, holes, cavities or other refugia where a snake could be buried or trapped or injured during project activities and any permit modification would be conditioned to follow the Standard Protection Measures for Eastern Indigo Snake dated March 23, 2021. The Corps has requested USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act under separate letter.

USFWS Critical Habitat: Loggerhead sea turtle habitat would be improved by the proposed work as additional sand would be added to the beach to allow for nesting. Therefore, the Corps has determined there would be no effect to this habitat.

Species under the purview of the National Marine Fisheries Service (NMFS):

The Corps has determined the proposed project may affect, but is not likely to adversely affect, swimming sea turtles, specifically loggerhead (Caretta caretta), green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea), and hawksbill (Eretmochelys imbricata), Atlantic sturgeon (Acipenser oxyrinchus oyrinchus), Shortnose sturgeon (Acipenser brevirostrum), Smalltooth Sawfish (Pristis pectinata), Giant Manta Ray (Manta birostris), and North Atlantic Right Whale (Eubalaena glacialis) along with National Oceanic and Atmospheric Coastal Critical Habitat, including Loggerhead Sea Turtle Neritic Habitat Unit LOGG-N-15 Nearshore Reproductive Habitat, North Atlantic Right Whale Unit 2 Southeastern U.S. Calving Area

Green Sea Turtle NA01: Sargassum, and Green Sea Turtle FL01: Florida. The Corps reviewed the NMFS South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States (SARBO) 2020 and determined that the proposed work would follow the Project Design Criteria required in the SARBO and that the SARBO is appropriate to apply to the project. Therefore, the Corps has determined that the proposed work May Affect, but would be Not Likely to Affect, and no additional consultation is required.

On September 29, 2023, and October 2, 2023, the Corps executed Resources at Risk Reports (RAR) from the National Regulatory Viewer for the Project Site Location and the three upland sand mine locations. The RAR indicated that the Information for Planning and Consultation (IPAC) species that are found within St. Johns County, Putnam County, and Clay County and could also be located at this project site include the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Florida scrub-jay (Aphelocoma coerulescens), and Everglade snail kite (Rostrhamus sociabilis plumbeus), Etonia rosemary (Conradina etonia), Red-cockaded Woodpecker (Picoides borealis), Whooping Crane (Grus americana). The project site does not include habitat to support these species; therefore, routes to effects for these species were not reviewed. 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 490 acres of open water in the new Borrow Area 3A location utilized by various life stages of bluefish, great hammerhead shark, tiger shark, lemon shark, spinner shark, windowpane flounder, coastal migratory pelagics, summer flounder, Atlantic butterfish, Atlantic Sharpnose shark, blacktip shark, sandbar shark, bull shark, sailfish, sand tiger shark, scalloped hammerhead shark, bonnethead shark, white shark, finetooth shark, and blacknose shark. All other impacts to EFH were previously evaluated under the original authorization. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South 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 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 support 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.

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 Florida Department of Environmental Protection.

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.