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: Florida Fish and Wildlife Conservation Commission
Attn: Katherine Burke
1875 E. Orange Ave.
Tallahassee, FL 32311
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Indian River Lagoon within the Banana River sublagoon (HUC12 030802020103 Turkey Creek-Indian River). The project site is located on open water immediately west of an adjacent to Samsons Island, a property owned by the City of Satellite Beach.
Directions to the site are as follows: From Interstate-95 take the exit 183 for SR 518/W. Eau Gallie Blvd. Head East for 6.3 miles to the Eau Gallie Boat Ramp. Launch vessel and head North into the Banana River for 3.5 miles. The project site is on open water adjacent to the undeveloped Samsons Island Nature Park.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.182657°
Longitude -80.614505°
PROJECT PURPOSE:
Basic: Habitat Restoration
Overall: Restoration of native seagrass habitats within the Banana River
EXISTING CONDITIONS: The wetland system consists of an estuarine system. There is no vegetation within the project footprint. The existing area surrounding the project area consists of open water and the adjacent shoreline to the East consists of mangroves.
PROPOSED WORK: The applicant seeks authorization to install thirty-five (35) limestone/coquina breakwaters covering an area of 1.36 acres of lagoon bottom. Install one hundred sixty-five (165) herbivory exclusion cages. Install 5,125 planting units of seagrasses comprised of two native species: Shoal grass (Halodule wrightii) and Widgeon grass (Ruppia maritima). Install seven (7) pile-supported aids to navigation warning vessels of the restoration project.
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:
“The project was planned to target an area that would have the greatest effect on enhancing Submerged Aquatic Vegetation (SAV) habitat. Since SAV establishment is in waters typically 3 ft deep or less, the reefs [breakwaters] were moved inland to follow the associated surface contour. The reefs [breakwaters] would help protect approximately 7.2 acres for SAV restoration. Further efforts to avoid existing SAV will continue throughout the project and will include a preconstruction survey. See the attached Conceptual Design Narrative for additional information.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Project purpose is habitat restoration and has been designed to provide functional gains to the aquatic environment. No mitigation is proposed.
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:
Based on a Resource at Risk (RAR) report performed on 3 May 2024, West Indian Manatee (Trichechus manatus), Wood Stork (Mycteria americana), Loggerhead Sea Turtle (Caretta caretta), Green Sea Turtle (Chelonia mydas), Kemp’s Ridley Sea Turtle (Lepidochelys kempii), and Smalltooth Sawfish (Pristis pectinata) may occur in the project area.
Wood stork: The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) North Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (September 2008). Use of the Key for Wood Stork resulted in the following sequential determination: A (The project is more than 2,500 feet from a colony site.) > B (Project does not affect suitable foraging habitat) = “No Effect”.
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) > B (Project is other than the activities listed above) > C (Project is located in an Important Manatee Area) > D (Project does not include dredging) > G (Project does not provide new access for watercraft) > 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) > P5 (If project does not provide new access for water or improve an existing access to allow increased watercraft usage) = “May Affect, Not Likely to Adversely Affect”. No further consultation with the Service is necessary.
Sea turtles and sawfish: The Corps evaluated the proposed work utilizing NMFS’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 in accordance with Section 7 of the Endangered Species Act (ESA). Based on past permitting practices of the Corps and review of consultations with similar in-water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of Designated Critical Habitat. For this verification, the Corps conducted a project specific review to ensure that all of the PDCs were met. In accordance with the project-specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity were emailed to the National Marine Fisheries Service on 29 July 2024. Therefore, the Jacksonville District satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview.
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 permanently alter 1.36 acres of sandy bottom while restoring 7.2 acres of seagrasses. Submerged Aquatic Vegetation is a Habitat Area of Particular Concern that is utilized by various life stages of 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 Southeast Region. 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 Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926 within twenty-one (21) 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, Jacob Zehnder, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926; by electronic mail at jacob.a.zehnder@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (321) 504-3771 ext. 0017.
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 is required from the Florida Department of Environmental Protection (FDEP). The Water Quality Certification was reviewed under FDEP permit #445682-001-EI and authorized on 27 June 2024.
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.