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: Brandon Conroy
Space Exploration Technologies
1 Rocket Road
Brownsville, TX 78521
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Indian River. The project site is located at North of Roberts Road, in Section 25, Township 22S, Range 33E, John F. Kennedy Space Center, Brevard County, Florida 34789.
Directions to the site are as follows: From Titusville, head South on US 1 approximately 6.0 miles to NASA Parkway. Head East approximately 7.5 miles to Kennedy Parkway, then head North on Kennedy Parkway for approximately 1.0 miles to Roberts Road. The site is North of Roberts Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.547320°
Longitude -80.667358°
PROJECT PURPOSE:
Basic: Commercial Development
Overall: Construct launch infrastructure in Brevard County, Florida to support existing launch capabilities, increase efficiency, and cost effectiveness.
EXISTING CONDITIONS: The wetland system consists of a 56.99 acres of mixed wetland hardwoods, 4.16 acres of freshwater marshes, and 5.75 acres of mixed scrub-shrub wetlands. The onsite vegetation consists of Within the project site, streams and waterways habitat consists of a ditch excavated along the southern project site boundary. The ditch is dominated by Carolina willow (Salix caroliniana), Peruvian primrose willow (Ludwigia peruviana), duck potato (Sagittaria lancifolia), cattail (Typha spp.), water fern (Azolla filiculoides), Brazilian peppertree (Schinus terebinthifolia), torpedograss (Panicum repens), and duckweed (Lemna minor). Mixed wetland hardwoods comprises the majority of wetland within the project site and is the forested component of Wetland 1. Vegetation is dominated by red maple (Acer rubrum), American elm (Ulmus americana), dahoon holly (Ilex cassine), cabbage palm (Sabal palmetto), Brazilian peppertree, swamp dogwood (Cornus foemina), fetterbush (Lyonia lucida), Virginia chain fern (Woodwardia virginica), royal fern (Osmunda regalis), arrowhead (Sagittaria spp.), and sawgrass (Cladium jamaicense). Eight freshwater marsh communities are located within the project site. Vegetation observed includes St. John’s wort (Hypericum spp.), arrowhead, Virginia chain fern, royal fern, swamp fern
(Blechnum serrulatum), sawgrass, and cordgrass (Spartina bakeri). The transition zones from wetland to upland includes winged sumac, wild coffee, and wax myrtle. The mixed scrub-shrub wetland comprises a flow way between two (2) uplands systems and is the shrub component of Wetland 1. The dominant vegetation includes Carolina willow, swamp dogwood, Brazilian pepper, saltbush, cabbage palm, saw palmetto, wild coffee, winged sumac, gallberry, St. John’s wort, and royal fern. Existing area surrounding the project area consists of large undeveloped parcels of land to the West, North, and West of the project site. South of the project site is the initial launch support facility operated by Space Exploration Technologies. The site is situated on federal property within John F. Kennedy Space center on Merritt Island, FL and adjacent to the Merritt Island National Wildlife Refuge.
PROPOSED WORK: The applicant seeks authorization to fill approximately 64.81 acres of wetlands and 0.28 acres of surface waters (ditch) to facilitate the construction of a 101.17 acre commercial development which consists of a 77.5 acre development site and 21.2 acres of stormwater retention ponds.
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 work was previously subject to an Environmental Assessment completed by NASA resulting in a Finding of No Significant Impact dated 30 April 2024. That Environmental Assessment included consideration of multiple alternatives that resulted in the preferred alternative of the proposed Roberts Road North project described in this Public Notice. Onsite avoidance and minimization of aquatic resource is not practicable in order to meet the project purpose however SpaceX will implement the appropriate erosion and sediment control measures to minimize impacts to the adjacent habitats, water column, and sediments. SpaceX will offset impacts to waters of the United States through purchase of mitigation credits from a federally approved mitigation bank pursuant to the 2008 Final Mitigation Rule.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“This project will result in 65.09 acres of direct impacts to wetlands or other surface waters jurisdictional to the USACE. To offset unavoidable functional loss SpaceX will provide mitigation through purchase of credits from a federally approved mitigation bank and/or development of a federally approved permittee responsible mitigation plan. SpaceX is working with the Corps in an ongoing jurisdiction review to determine final functional loss value that will be offset through the above process pursuant to the 2008 Final Mitigation Rule.”
CULTURAL RESOURCES:
The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to previous Section 106 conducted by NAS. the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties in concurrence with DHR Project File No.: 2022-6435 letter dated November 3, 2022.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork, American Alligator, Eastern Black Rail, Eastern Indigo Snake, Tricolored Bat or their designated critical habitat. The Corps determinations align with USFWS concurrences in the Biological Opinion #2023-00363318.
The Corps has determined the proposed project may affect the Scrub Jay. However, the Corps will incorporate the USFWS Biological Opinion Incidental Take Statement #2023-00363318.
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.
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 is currently being 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 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, Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida 32926; by electronic mail at corey.m.maier@usace.army.mil; or, by telephone at (321) 504-3771 ext 0015.
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.