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: Brevard County, Natural Resources Management Dept.
2725 Judge Fran Jamieson Way, Suite A-219
Viera, FL 32940
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon watershed (12-digit Hydrologic Unit Code 030802020202). The site is located within the Indian River Lagoon (IRL) along the southeast shoreline of A. Max Brewer Memorial Parkway causeway, east of the City of Titusville, within Section 35, Township 21 South, Range 35 East, Brevard County, Florida
Directions to the site are as follows: From the Corps Jacksonville District office located in the City of in Jacksonville, Florida: Follow I-95 S for 130 miles to FL-406 E/Garden St. in the City of Titusville. Take exit 220 from I-95 S. Continue on FL-406 E/Garden St. Drive for 3.5 miles onto A. Max Brewer Memorial Parkway. The project location is within the IRL along the southeast shoreline of A. Max Brewer Memorial Parkway causeway.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.625149°
Longitude -80.790790°
PROJECT PURPOSE:
Basic: Shoreline Stabilization and Habitat Restoration
Overall: Shoreline stabilization and habitat restoration along the southeast shoreline of A. Max Brewer Memorial Parkway, achieved through installation of in-water wave attenuation devices (WADs), shoreline renourishment, and habitat restorative vegetative planting and clam seeding activities.
BACKGROUND INFORMATION AND EXISTING CONDITIONS: Brevard County is proposing to adapt the shoreline protection and management strategy for the Titusville Causeway (a.k.a. A. Max Brewer Memorial Parkway) transportation corridor providing resilience to erosion, storm damage, and rising sea levels. The intent of this project is to construct WADs to increase resiliency conditions for water quality in the IRL through nutrient reduction and improved localized water quality through wave energy reduction decreasing sediment resuspension from an eroding shoreline. In addition to the installation of the WAD arrays, Brevard County is proposing a Shoreline Planting Plan that will involve beach renourishment of suitable sands and native vegetation.
The causeway has been subjected to significant erosion for decades, which has resulted in several negative impacts to the IRL, to critical wildlife habitat, and to recreational users of this public access to the lagoon. The current strategy to protect the existing shoreline is not sustainable nor effective. The repetitious practice of depositing concrete rubble along the shoreline has not prevented sand erosion and has ultimately resulted in an unsafe scenario for recreational use and diminished fish and wildlife habitat. The WADs will create a near shore breakwater reef, substantially dissipating wind driven energy, which is largely responsible for the causeway shoreline erosion. Further, proposed restoration of seagrass beds in shallow waters shall further reduce wind driven wave energy and provide beneficial habitat for marine life. As a part of the restoration effort, native clams will be distributed throughout the restored seagrass beds to improve water quality and benthic habitat diversity. In addition, native vegetation will be planted to restore the ecological functions that a stabilized causeway shoreline provides to fish and wildlife.
The project site consists of three (3) distinct areas and proposed project activities.
- Shoreline Renourishment Area: This section of the project area is comprised of approximately 1,950 linear feet of shoreline located between the landward ordinary high water line (OHWL) of -0.70 feet and waterward depth of approximately -1.70 feet (1-foot below OHWL). This swath of shoreline averages approximately 25 feet in width and consists of a total of 0.989 acre. This narrow section of side slope extends into the IRL south and east of the causeway, and is primarily comprised of unconsolidated sandy sediments overlaid by open-water. The landward most fringe of shoreline exhibits extremely sparse occurrence of mangroves (Rhizophora sp. and Avicennia sp.), glasswort (Salicornia sp.), and seashore paspalum (Paspalum vagiatum). Due to numerous large storm events, hurricanes, and substantial wind driven wave energy, the shoreline along the causeway has sustained frequent erosion and shoreline de-stabilization. Prior stabilization techniques have included placement of sand, soil , and rip-rap along the shoreline. Subsequent storms have resulted in additional shoreline degradation, resulting in decline of shoreline stability, vegetation, and quality of habitat for aquatic wildlife species.
- Vegetative Planting and Clam Seeding Area: This section of the project extends from the waterward limits of the Shoreline Renourishment Area approximately 50 feet waterward into the IRL, to maximum depths of approximately -4.00 feet. This shallow swath of the IRL averages approximately 50 feet in width and consists of a total of 3.60 acres. This section of side slope extends further into the IRL south and east of the causeway, and is primarily comprised of unconsolidated sandy sediments overlaid by open-water ranging in depth from approximately -1.70 to -4.00 feet. Per benthic and seagrass surveys conducted by Sea & Shoreline Aquatic Restoration in June 2019 and 2020, these areas exhibit extremely sparse presence of seagrass with occurrence densities averaging less than 5% (less than 1 on the Braun-Blanquet scale). Seagrass species identified included shoal grass (Halodule wrightii), star grass (Halophilla engelmannii), and widgeon grass (Ruppia maratima). No occurrence of seagrass was observed landward nor immediately waterward of the Vegetative Planting and Clam Seeding Area.
- WAD Installation Area: This section of the project area is located approximately 200 feet waterward of the Vegetative Planting and Clam Seeding Area (275 feet from the current shoreline), parallel to the shoreline. This area is comprised of approximately 2,450 linear feet of the IRL, located in depths ranging between -3.00 feet and -6.00 feet. This swath of WAD Installation Area averages approximately 15 feet in width (including toe-in-rip-rap), consisting of a total aerial footprint of 1.154 acres of which only 0.413 acre of IRL bottom will be impacted by the placement of proposed open-bottom WADs and associated rip-rap. This section of the IRL south and east of the causeway is primarily comprised of unconsolidated sandy sediments overlaid by open-water ranging in depth from approximately -3.00 to -6.00 feet. Per benthic and seagrass survey conducted by Sea & Shoreline Aquatic Restoration in November 2021, the easternmost WAD array areas (approximately 0.24 acre total) exhibited dense cover (approximately 75% density) of macroalgae Caulerpa prolifera (Caulerpa prolifera). Within the IRL watershed, Caulerpa prolifera is typically considered an undesirable species as it is an indicator of a degraded system, indicating nutrient enrichment, poor light penetration, and/or poor water quality. Caulerpa prolifera is toxic to herbivores and has no natural predators. No other benthic resources including seagrasses, oysters, coral, or sponges were observed within or adjacent to the WAD Installation Area.
Areas surrounding the project area consist of other portions of the IRL with similar characteristics, the A. Max Brewer Memorial Parkway causeway to the north, and the Merritt Island National Wildlife Refuge to the east.
PROPOSED WORK: The applicant seeks authorization to perform shoreline stabilization and habitat restoration activities along the southeast shoreline of A. Max Brewer Memorial Parkway, achieved through installation of in-water wave attenuation devices (WADs), shoreline renourishment, and habitat restorative vegetative planting and clam seeding activities. Shoreline renourishment activities require 0.989 acre (329 cubic yards) of direct impacts (fill) to waters of the U.S. (WOTUS) located below the OHWL. Removal of existing rip-rap along the shoreline is authorized. Renourishment shall occur with clean sand from a nearby dredge spoil management area owned and operated by the Florida Inland Navigation District (FIND). WAD installation requires approximately 0.413 acre of structure impacts to WOTUS bottom, including associated toe-in-rip-rap and installation of up to 25 pile-supported navigational safety signs. The applicant shall also be authorized to perform mangrove plantings, seagrass plantings, and clam seeding at or below the OHWL, including temporary installation of up to 50 herbivory exclusion devices. All work shall be performed in accordance with the attached Plan Set, Seagrass Planting Plan, and Planting Plan Overview. The Corps shall not require monitoring nor achievement of success criteria for the proposed restorative planting and clam seeding activities.
Additional construction and planting details are provided in the above referenced attachments.
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:
Several factors were considered during the design planning stage to eliminate or reduce impacts. A wave model report was used to determine the highest efficacy for the location of the WADs and a seagrass survey was used to identify the locations of primary seagrass habitat. The WAD arrays were placed in deep water where seagrass habitat is not present to allow a focus on restoration opportunities. In order to minimize surface water and benthic impacts, WADs were chosen because they are hollow and have a minimal impact to the Lagoon when compared to a traditional jetty or stone breakwater.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Throughout the project development phases, considerable design elements were incorporated to improve (aquatic) habitat to fish and wildlife. Documented evidence (from other similar projects within Florida) has shown that the WADs quickly become a nearshore artificial reef. Each WAD has a hollow interior and becomes a viable habitat for marine life. In addition, the 3.60-acre seagrass and 2000 linear feet of living shoreline restoration (graded 10:1 slopes leading into the lagoon) will provide life cycle functions such as nursery and spawning habitat. The living shoreline component includes mangrove planting and native shoreline vegetation enhancement, which both offer important contributions to essential fish habitat. The western section of the project shoreline is lined with concrete riprap and does not currently provide suitable spawning or nursery habitat. The approximately 900 linear feet of concrete riprap will be removed and restored to a functional and resilient living shoreline. This project will improve the habitat provided to fish, wildlife and marine species life cycles.
The Corps concurs that the project is specifically designed to restore shoreline and nearshore aquatic habitats, as well as create new aquatic habitat (WADs), resulting in a net functional improvement of the project areas.
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: The Corps has determined the project may affect but is not likely to adversely affect (MANLAA) the West Indian Manatee and National Marine Fisheries Service (NMFS) regulated aquatic species known to occur within the region, or their designated critical habitat.
JAXBO Species: The Corps evaluated the proposed work utilizing the National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. The project exceeds the length restrictions of WADs (limited to 500 linear feet) of the JAXBO. The Corps will initiate consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
West Indian Manatee: The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A (Project is located in waters accessible to manatees or directly or indirectly affects manatees) > B (Project is other than the activities listed above) > C (Project is not located in an Important Manatee Area) > G (Project does not provide new access for watercraft…do not allow increased watercraft usage) > N (Project impacts to submerged aquatic vegetation, emergent vegetation or mangrove will have beneficial, insignificant, discountable or no effects on the manatee) > O (Project proponent elects to follow standard manatee conditions for in-water work and requirements, as appropriate for the proposed activity, prescribed on the maps) > P (…the determination of “May affect, not likely
to adversely affect” is appropriate and no further consultation with the Service is necessary) = MANLAA. The project proponent elects to follow standard manatee conditions for in-water work and requirements. No further consultation with the USFWS is necessary.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 result in net enhancement, restoration, and creation of approximately 5.743 acres of essential fish habitat utilized by various life stages of species, including but not limited to snapper-grouper complex, spiny lobster, various shark species, flounder, and bluefish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in South Atlantic waters. 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.
The applicant has provided the following information regarding effects to EFH:
Throughout the project development phases, considerable design elements were incorporated to improve habitat to fish and wildlife. Documented evidence has shown that the WADs quickly become a nearshore artificial reef. Each WAD has a hollow interior and becomes a viable habitat for marine life. In addition, the 3.6 acre seagrass and 2000 linear feet of living shoreline restoration will provide life cycle functions such as nursery and spawning habitat. The living shoreline component includes mangrove planting and native shoreline vegetation enhancement, which both offer important contributions to essential fish habitat. The western section of the project shoreline is lined with concrete riprap and does not currently provide suitable spawning or nursery habitat. The approximately 900 linear feet of concrete riprap will be removed and restored to a functional and resilient living shoreline. This project will improve the habitat provided to fish, wildlife and marine species life cycles. The overall project intent is to drastically improve ecological functions provided to fish and wildlife through estuarine habitat restoration. … the living shoreline planting plan, sand re-nourishment and graded 10:1 slopes leading into the lagoon will substantially improve habitat for horseshoe crabs in addition to other marine species that utilize shorelines throughout their life cycles.
The Corps concurs that the project is specifically designed such that it will result in a net increase of functional EFH.
Navigation: The proposed structures and activities are 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 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, Jason D. Perryman, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida, 32926; by electronic mail at jason.d.perryman@usace.army.mil; or, by telephone at (321)504-3771 ext. 0010.
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.
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 (SJRWMD). The project is being reviewed under SJRWMD application no. 171984-1.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.