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: Flagler County Board of County Commissioners
Attention: Mrs. Heidi Petito
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 uplands, 404 waters of the shoreline between the high tide line and mean high water line, and in Section 10/404 waterward of the mean high water line of the Atlantic Ocean between the Florida Department of Environmental Protection (FDEP) Range (R) monuments R-46 and R-64.5, Sections 46, 15, 14, 23, 26, Township 11 South, Range 31 East, in Flagler County, Florida. The borrow area associated with this project is Borrow Area 3A, which is located approximately 10 nautical miles east of the shoreline in Federal waters on the Outer Continental Shelf (OCS). The U.S. Department of Interior (DOI), Bureau of Ocean Energy Management (BOEM), has the sole regulatory authority over the use and conveyance of OCS sand resources under the OCS Lands Act. The Corps and the applicant are coordinating with BOEM for authorization of use of federal sand resources from the borrow area. The Corps and the applicant are coordinating with the Federal Emergency Management Agency (FEMA) for federal review and partial funding for the project.
Directions to the site are as follows:
From Jacksonville, 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. Travel north approximately 2.6 miles. The project lies along the shoreline of the Atlantic Ocean.
APPROXIMATE CENTRAL COORDINATES:
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Site Locations
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Latitude
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Longitude
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Notes
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Shoreline
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29.557491°
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-81.164972°
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R-46 to 64.5
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Borrow Area 3A, Flagler County Borrow Area
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29.564235°
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-80.949371°
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10 Nautical Miles Due East in the Atlantic Ocean, Center Area (reference Attachment 1)
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Staging Area 1: Varn Park
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29.550789°
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-81.162066°
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Staging Area 2: Beverly Beach
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29.513525°
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-81.143306°
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PROJECT PURPOSE:
Basic: The basic project purpose is shoreline stabilization and protection.
Overall: The overall project purpose is to stabilize and protect the eroding shoreline between R-46 and R-64.5 along the Atlantic Ocean in Flagler County.
EXISTING CONDITIONS: The project site is along the coast of Flagler County between R-46 and R-64.5. 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 320-acre offshore borrow area consists of unvegetated, unconsolidated sandy seabed 10 nautical miles east on the OCS in the Atlantic Ocean.
Pipeline Routes: There is unvegetated, soft bottom habitat within the pipeline route area and no hard bottom/reef resources are present. The site is undergoing a survey for historic resources.
PROJECT HISTORY: The permittee originally received authorization for shoreline stabilization between R-64.5 and R-80; and, R-94 and R-101 on October 8, 2020. The permit expires October 8, 2035. Post authorization, heavy storms impacted the area, creating additional erosion and work was never initiated. On January 25, 2024, the proposed work was modified (Modification #1) to dredge from the Federal Borrow Area within Borrow Area 3A to place fill in a small portion or the originally authorized work that would bolster the north and south side of the Federal Project Area boundary. The 500,000-cubic-yards of dredge material within Modification #1 was utilized to place sand only between R-77 south to just north of R- 80 and R-94 through R-96 of the original authorization.
Under their Public Assistance Grant Program (PA), FEMA is considering providing financial assistance to Flagler County, Florida, for a portion of this action. The purpose of the PA Grant program is to repair damages and losses to public property due to natural and manmade disasters. Hurricane Ian impacted the State of Florida from September 23, 2022, through November 4, 2022, and Hurricane Nicole from November 7, 2022, through November 30, 2022. As a result, Presidential Disaster Declarations were made on September 29, 2022 (DR-4673-FL) and December 13, 2022 (DR-4680-FL), respectively, making PA funds available to Flagler County. The FEMA PA funded scope of work proposed under DR-4673-FL is to replace 63,085CY of sand and 66,076 dune plants. Replacement of 77,105CY of sand and 80,759 dune plants are proposed under DR-4680-FL. All sand will be sourced from Borrow Area 3A and work is to be completed within the engineered beach template between R-47 and R-65.
PROPOSED WORK: The applicant seeks authorization for the following:
1. To dredge 2.1 million-cubic-yards of sand from a 320-acre existing OCS offshore borrow area known as Borrow Area 3A located approximately 10 nautical miles offshore of the city of Flagler Beach, Florida. The hydraulic dredging would be conducted via a hopper dredge to -64.5-foot-depth NAVD 88 with a 2-foot of allowable over depth. 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 and the applicant is working with BOEM to utilize the material.
2. To place approximately 1.4 million-cubic-yards of dredged material into approximately 113-acres of waters of the United States (1,120,000-cubic-yards of sand into 96 acres of open, tidal water of the Atlantic Ocean waterward of the mean high water line and 120,000-cubic-yards of sand into 17 acres of tidal waters between the high tide line and the mean high water line) from R-46 to R-64.5 of the Atlantic Ocean shoreline for shoreline stabilization. The above amounts include incorporation of the entire 2.1 million-cubic-yards of dredged material to account for loss of sand during transit as well as to account for sand that may be required as identified upon resurveying prior or during construction.
3. To dredge approximately 1.1-million-cubic-yards of sediment from borrow area 3A and place approximately 700,000-cubic-yards of material between R-46 – R-64.5 in up to two maintenance events. The maintenance events would depend upon potential storm events that could cause erosion and the surveyed beach and dune conditions immediately prior to such renourishment events. Specific maintenance project designs have not been developed at this time, therefore estimated volumes of dredge and fill are approximations. The applicant would work with BOEM in the future for a lease agreement for any maintenance events.
The proposed work would also include placement of 160-000-cubic-yards of sand into 23-acres of uplands landward of the high tide line. The proposed work would also include use of staging areas at Varn Park and R-monument 65 in Beverly Beach that could cause closure to public parking. These upland areas are not under the Corps jurisdiction, but would be within the National Environmental Policy Act, Endangered Species Act, and Section 106 Scope of Analysis that the Corps would review.
Dredging will not occur in or near “fishing havens,” but the vessels will be transiting between the borrow area and pump out site. These transits may be in the vicinity of “fishing havens,” but no dredging or release of sediment into the water column will occur during transit.
A typical cross section is provided in the attached drawings. Additional cross sections for the full length of the shoreline are available upon request at the contact info provided below.
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 proposed project is located in Class III Waters of the Atlantic Ocean. The placement area and adjacent seafloor does not contain resources such as hardbottom, seagrasses, or mangroves. Minimal direct impacts to water quality resulting from hydraulic discharge of sand placement on the beach are expected in the immediate area of construction. Detailed requirements for construction that ensure minimal impacts to water quality will be included in the Construction Plans and Technical Specs. An allowance of 29 NTUs above background levels, in the mixing zone, is proposed. It is anticipated that project construction will not require a variance to the standard mixing zone of 150 meters and standard water quality monitoring requirements for beach fill construction in Class III Waters of the Atlantic Ocean.”
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.”
Additionally, there is a potential for sediment dredged from Borrow Area 3A to contain Munitions and Explosives of Concern (MEC). The Corps will work with the applicant to develop measures to mitigate this risk, which may include screening of dredged sediment and/or observation by qualified Ordinance and Explosive Safety Specialist (OESS) prior to placement. This screening process to mitigate the risk of MEC may incidentally capture biotic and abiotic material which will be monitored and situationally integrated into the beach fill template or taken to a landfill.
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:
Species under the purview of the United States Fish and Wildlife Service (USFWS):
Nesting Sea Turtles: The proposed work would result in sand placement along the Atlantic Ocean shoreline, which is nesting habitat for nesting sea turtles, specifically loggerhead (Caretta caretta), green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea), and hawksbill (Eretmochelys imbricata). Therefore, the Corps evaluated the route of effects the project would have on these species. The applicant has stated, and the Corps has verified, that the proposed project would follow all minimization measures, conservation measures, Reasonable and Prudent Measures, and Terms and Conditions found in the SPBO. The project may 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. Protective, avoidance, and minimization measures have been incorporated into the project plan to avoid or minimize the potential impacts from the sand placement and dredged material placement activities on nesting sea turtles. However, even with these measures, impacts to sea turtles are expected to occur from some aspects of the project activities. The activities are expected to directly or indirectly adversely affect nesting sea turtles; however, the proposed project has undergone an evaluation process by the Corps to determine that it properly fits within a programmatic approach and it is appropriate to apply to the SPBO programmatic consultation. The Corps has determined that the minimization measures, Reasonable and Prudent Measures, and Terms and Conditions in the SPBO are applicable to the project, and the proposed work will be covered by the SPBO programmatic consultation. The Corps will request USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act under separate cover.
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 project’s effects on the manatee. Protective avoidance and minimization measures have been incorporated into the project plan to avoid or minimize the potential impacts from the sand placement and dredged material placement activities on West Indian manatee. The 2011 Standard Manatee In-water Construction Conditions and the following additional conditions are made a condition of the issued permit or Corps project plan and implemented, the
Corps has determined that the proposed dredging and sand placement activities are not
likely to adversely affect the Florida manatee or adversely modify its critical habitat. These findings fulfill section 7 requirements of the Act in regard to manatees. In addition, because no incidental take of manatees is anticipated, no such authorization under the Marine Mammal Protection Act (MMPA) is needed. The additional conditions related to the proposed work are as follows:
1. Barges shall install mooring bumpers that provide a minimum 4-foot standoff distance under maximum compression between other moored barges and large vessels, when in the vicinity of inlets, river mouths, and large estuaries where manatees are known to congregate.
2. Pipelines shall be positioned such that they do not restrict manatee movement to the maximum extent possible. Plastic pipelines shall be weighted or floated. Pipelines
transporting dredged material within the vicinity of inlets, river mouths, and large
estuaries where manatees are known to congregate shall be weighted or secured to the
bottom substrate as necessary to prevent movement of the pipeline and to prevent
manatee entrapment or crushing.
The third special condition related to pipelines would not apply as there is no submerged aquatic vegetation and no hardbottom within the project area. The Corps has determined that the minimization measures, Reasonable and Prudent Measures, and Terms and Conditions in the SPBO are applicable to the project, and the proposed work will be covered by the SPBO programmatic consultation. The Corps intends to utilize the SPBO to conclude that the Project may affect, but is not likely to adversely affect the West Indian manatee. The Corps will request USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act under separate cover.
Piping Plover and Rufa Red Knot: The Atlantic Ocean shoreline 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 Piping Plover Programmatic Biological Opinion (P3BO) to ensure there would be no impacts to any Piping Plover, if found to be present within the project area. Therefore, the Corps determined that the project may affect, but is not likely to adversely affect, the Piping Plover. The applicant would adhere to the same P3BO conditions for the Rufa Red Knot to ensure there would be no impacts to any Rufa Red Knot if they were found to be present within the project area. Therefore, with the implementation of the P3BO Conservation Measures, the Corps has determined the proposed activities may affect, but are not likely to adversely affect the Rufa Red Knot in areas not identified as Optimal Rufa Red Knot Areas. The Corps will request USFWS concurrence with these determinations pursuant to Section 7 of the Endangered Species Act under separate cover.
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. Therefore, no additional consultation is required.
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. 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, there is less than 25 acres of suitable habitat, and any permit authorization would be conditioned to follow the Standard Protection Measures for Eastern Indigo Snake dated March 23, 2021. Therefore, no additional consultation is required.
USFWS Critical Habitat: The proposed work would be located within USFWS loggerhead sea turtle terrestrial critical habitat of the Northwest Atlantic Ocean loggerhead sea turtle population. The applicant would follow the minimization measures, conservation measures, Reasonable and Prudent Measures, and Terms and Conditions found in the SPBO. Additionally, 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 that the proposed projects “may affect, but are not likely to adversely affect” the terrestrial critical habitat of the Northwest Atlantic Ocean loggerhead sea turtle population. The Corps will request USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act under separate cover.
Species under the purview of the National Marine Fisheries Service (NMFS):
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 has determined the project may affect the threatened swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea), and may affect but is unlikely to adversely affect the loggerhead (C. caretta) designated migratory, breeding and reproductive critical habitats. The Corps has determined the project may affect but is unlikely to adversely affect the smalltooth sawfish (Pristis pectinata), the Giant Manta Ray (Manta birostris) and the Northern Right Whale (Eubalaena glacialis). The Corps will review the proposed project for compliance with the National Marine Fisheries Service (NMFS) 2020 South Atlantic Regional Biological Opinion (SARBO). If required, the Corps will request initiation of formal consultation with NMFS pursuant to Section 7 of the Endangered Species Act by separate letter.
On July 23, 2024, the Corps executed Regulatory Screening Tool (RST) from the National Regulatory Viewer for the Borrow Area 3A, pipeline area, the shoreline and the staging areas. The RST indicated that the Information for Planning and Consultation (IPAC) species that are found within Flagler 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 tricolored bat (Perimyotis subflavus). The project site does not include habitat to support these species; therefore, routes to effects for these species were not reviewed. The RST 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 proposed work would include sand placement in 16 acres of intertidal flat/surf zone (mean high water line to mean low water line); 77 acres of shallow, subtidal habitat within the area of direct fill placement (mean low water line to the construction toe), 54 acres of subtidal waters in the area of potential equilibration (construction toe to the equilibrium toe of fill), and 1,573 acres of open, tidal water in the pipeline area beyond the equilibrium toe of fill (equilibrium toe of fill to the seaward pipeline boundary). The offshore borrow area encompasses 320-acres of unvegetated, unconsolidated sandy seabed of the Atlantic Ocean. 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.