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: Indian River County, Public Works
Attn: Mr. Eric Charest
1801 27th Street, Building A
Vero Beach, Florida 32960
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 the Atlantic Ocean and is identified as “Sector 4” of Indian River County’s shoreline beginning at Florida Department of Environmental Protection (FDEP) Range Monument (R) R-55 and extending south to R-70. The project is located in Sections 1, 6, 7, and 18, Township 32 South, Ranges 39 and 40 East, Indian River County, Florida.
Directions to the site are as follows: From 1-95 Southbound, take exit 156 toward Sebastian for approximately 0.4 miles then turn Jell onto Co Rd 512, travel for 2.5 miles, tum right onto 90th Ave travel for 1.2 miles to continue onto 85th. Travel for 4. 7 miles to continue onto FL-5I0 E. 2.6 mi le down tum right onto Florida A I AS then 3.8 miles down tum left onto Johns Island Dr before turning left onto Ocean Rd in Indian River Shores. Travel approximately 0.8 miles to the northern limit of the Project area on the beach near FDEP monument R- 55.
To reach southern limits of Project area: Head south, travel 0.8 miles turn right onto Johns Island Dr, travel 125 feet then tum left at the 1st cross street onto Florida A1A S. 2.0 miles down tum left onto Mariner Beach Ln. The southern limit of the project area is on the beach at the end of Mariner Beach Ln (at FDEP monument R- 70).
APPROXIMATE COORDINATES:
Northern Terminus: Latitude 27.724751°
Longitude -80.378573°
Southern Terminus: Latitude 27.684991°
Longitude -80.364566°
PROJECT PURPOSE:
Basic: To restore and maintain the Atlantic Ocean shoreline.
Overall: To place beach compatible sand to restore the dune to closely match conditions prior to Hurricanes Ian and Nicole without impacting nearshore hardbottom.
EXISTING CONDITIONS: The shoreline of the Project Area is characterized by single-family homes and privately owned vacant parcels - zoned for single family homes. Indian River County (IRC) has about 22.4 miles of barrier island beaches that extend south from Sebastian Inlet to Round Island Park. Of IRC’s 22.4 miles of beaches, 15.7 miles have been classified by the FDEP as “critically eroded shoreline” or “a segment of the shoreline where natural processes or human activity have caused or contributed to erosion and recession of the beach or dune system to such a degree that upland development, recreational interests, wildlife habitat, or important cultural resources are threatened or lost” (FDEP, 2017). The critically eroded shorelines in IRC are subdivided into three sections: 9.5 miles south of Sebastian Inlet from R-1 to R-51.3, the northern 3.1 miles of Vero Beach from R-70 to R-86, and a 3.1 mile segment in southern IRC from R-99 to R-115.7 (FDEP, 2018).
Sector 4 is not located within an FDEP critically eroded area. The 2015 Indian River County Beach Preservation Plan (IRC BPP - CB&I, 2015a) included a storm vulnerability analysis where, “vulnerability was defined as the exposure of upland property to impacts from storm events”. The CB&I estimated annual damages expected for each County sector if no action is taken to protect the shoreline and if the maximum recommended beach fill (per the BPP) is placed. For Sector 4, the 2015 BPP indicates the County would reduce annual storm damages by over $1,250,000 per year, on average, if the beach is restored.
PROPOSED WORK: Indian River County (County) proposes a Sector 4 Dune Restoration Project (Project) entailing partial restoration of about 2.9 miles (15,120 feet) of dunes and beach berm extending from Florida Department of Environmental Protection (FDEP) reference monuments R-55 to R-70. The County has identified the Project’s specific objective is to offset dune erosion incurred during Hurricanes Ian and Nicole in 2022 – with:
no impacts upon nearshore hard bottom fronting the Project area beaches,
no costly requirement for future monitoring of hardbottom in Sector 4.
The Project complies with FDEP’s “Hurricanes Ian and Nicole Recovery Plan for Florida’s Beach and Dune System”, which recommends “dune restoration from R-55 to R-70”. The 2019 Indian River County Beach Preservation Plan Update (2019 IRC BPP) identifies Sector 4 as located along Indian River Shores between FDEP reference monuments R-55 and T-72 – from 0.5 mile south of Old Winter Beach Blvd to Surf Lane. The beach and dune between R-70 and T-72 were previously restored in concert with the County’s 2019 Sector 5 project. The adjacent Sector 4 Atlantic Ocean waters are classified as Class III Waters by the State of Florida. Upland properties within the Project Area are dominated by single-family homes, privately owned vacant parcels, and high-density multi-family condominium dwellings.
The County has provided profile surveys at each FDEP reference monument within the Project area including pre-Ian/Nicole (9/2022) and post-Ian/Nicole (6/2023); these surveys are the primary basis of the Project design. Placement of about 135,000 cubic yards of sand is proposed to partially restore dunes within Sector 4. Vegetation is proposed on the restored dune crest to improve stability of restored dunes. The Project is proposed to generally restore dunes to the conditions that existed prior to Hurricane Ian and Hurricane Nicole – with fill limits as warranted to avoid hardbottom impacts and associated hardbottom monitoring.
The proposed Project entails dune and beach berm restoration to Pre-Ian/Nicole
conditions – as limited to avoid hardbottom impacts - generally with:
a 3H:1V (Horizontal: Vertical) foreslope from the existing grade up to the landward dune face – where the proposed dune is at a higher elevation than existing grades at the landward limits of fill;
a dune crest width that:
matches dune crest elevations reflected in the pre-Ian/Nicole survey; and
varies from 9 feet to 20 feet at an elevation that varies from +12.3 feet NAVD88 to +16.9 feet NAVD88;
a 3H:1V foreslope from the seaward edge of the dune to the proposed berm;
a berm crest elevation of +8 ft NAVD88 with a 8H:1V foreslope from the seaward edge of the berm to existing grade; and
planting of salt-tolerant native dune vegetation on the restored dune crest.
The Project is proposed to be constructed with sand fill obtained from one or more upland sand source(s) - including upland sources that have been previously accepted by the County and FDEP as beach-compatible. It is expected that:
The Contractor shall excavate, process, and provide suitable beach-compatible sand fill material from the proposed upland sources; transport and deliver the sand fill to the "Construction Access/Staging Areas" for stockpiling.
The Contractor will transport sand fill from the "Construction Access/Staging Area," along the existing dry beach via off-road dump trucks and place fill, to a point approximately midway to the adjacent "Construction Access/Staging Area" to construct the proposed fill template.
No sand fill material is proposed to be placed below the mean high water line.
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:
“Impacts to the aquatic ecosystem have been minimized by the following appropriate and practicable steps and provisions:
All sand fill placement will take place landward of the mean high water line.
Only beach-compatible sand used for beach fill; the sand will be of similar grain size and color as the native, sandy beach.
Beach nourishment activities shall not occur from May 1st through October 31st, the period of peak marine turtle nesting activity. Construction is intended to be performed between November 1, 2023 and April 30, 2024 to avoid the marine turtle nesting season. In the event it becomes necessary for construction to extend beyond March 1st, monitoring of the beach shall be performed to identify and relocate turtle nests from the proposed fill area - as may be allowed by the USACE and FDEP permits.
Sea turtle nesting activities will be monitored for the initial construction nesting season and for a minimum of two additional nesting seasons.
Immediately after completing the beach nourishment project and prior to the next three nesting seasons, tilling shall be conducted prior to commencement of sea turtle nesting season, if required by beach compaction monitoring or as elected by the County, to reduce potential impacts upon sea turtle nesting and hatchings.
The Contractor undertaking the beach nourishment will undertake marine turtle and manatee protection measures. A meeting will be arranged between representative of the Contractor, the USFWS, FFWCC, FDEP, USACE, and the permitted person responsible for turtle egg relocation (from March 1st to May 1st) at least 30 days prior to the commencement of work on this Project. At least 10 days advance notice shall be provided prior to this meeting.
From March 1st through April 30th and November 1st through November 30th, staging areas for construction equipment shall be located off the beach.
The work is proposed to be limited to daylight hours, no artificial lighting during construction is proposed.
The County will (a) reassess potential point source lighting that may become visible on the constructed beach berm, and (b) coordinate with the Town of Indian River Shores Code Enforcement Department to enforce compliance with the Town’s existing code of ordinance regarding beachfront lighting, as stated in Title XVI Chapter 161 Section 19.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“No impacts to the nearshore hardbottom are expected; no biological or physical monitoring of hardbottom or mitigation of hardbottom is proposed.”
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:
The Corps has determined the proposed project “may affect, and is likely to adversely affect” the loggerhead sea turtle, leatherback sea turtle, green sea turtle, hawksbill sea turtle, Kemp’s ridley sea turtle, West Indian manatee, southeastern beach mouse, roseate turn, red knot, piping plover, North Atlantic right whale, humpback whale, giant manta ray, smalltooth sawfish, and the shortnose sturgeon or its designated critical habitat. The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with these 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 Corps’ determination considered the potential impact of the proposed work on following species and life stage(s)
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Species
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Life Stage
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Bluefish
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Adult
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Atlantic Sharpnose Shark (Atlantic Stock)
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Neonate
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Summer Flounder
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Adult
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Lemon Shark
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Adult
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Blacknose Shark (Atlantic Stock)
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Juvenile/Adult
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Bluefish
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Larvae
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Bonnethead Shark (Atlantic Stock)
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Juvenile/Adult
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Summer Flounder
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Larvae
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Shrimp
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ALL
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Atlantic Sharpnose Shark (Atlantic Stock)
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Adult
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Nurse Shark
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Juvenile/Adult
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Spinner Shark
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Juvenile/Adult
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Bluefish
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Juvenile
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Great Hammerhead Shark
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ALL
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Tiger Shark
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Juvenile/Adult
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Lemon Shark
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Juvenile
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Snapper Grouper
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ALL
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Bluefish
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Eggs
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Bull Shark
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Juvenile/Adult
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Sandbar Shark
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Adult
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Blacktip Shark (Atlantic Stock)
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Juvenile/Adult
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Summer Flounder
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Juvenile
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Sailfish
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Adult
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Coastal Migratory Pelegics
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ALL
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Caribbean Reef Shark
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ALL
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Spiny Lobster
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ALL
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Tiger Shark
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Neonate
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Sailfish
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Juvenile
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Corals
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ALL
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In addition, the South Atlantic Fishery Marine Council designates live/hardbottom, worm rock, and Submerged Aquatic Vegetation as Habitat Areas of Particular Concern (HAPC).
Given that the applicant designed the project to place all sand above the mean high tide and avoid all impacts to nearshore hardbottom the Corps’ initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Atlantic Ocean because no nearshore hardbottom or work rock HACP’s will be directly filled by the proposed sand placement. 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 not 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 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, 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 (321) 504-3771 x 11.
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 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.
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.