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: Volusia County
Jessica Fentress, Coastal Division
515 S Atlantic Avenue
Daytona Beach, FL 32118
WATERWAY AND LOCATION: The project would affect aquatic resources associated with associated with the Anastasia Island-Atlantic Ocean Hydrologic Basin (12-digit Hydrologic Unit Code (030802010700)). The project site is located east of North Atlantic Avenue extending from FDEP reference monument R-66 (Harvard Drive) to R-148.5 (Lighthouse Point Park) in Sections 24, 25, 36, Township 14S, Range 32E, Sections 4, 5, 9, 15, 16, 22, 27, 35, Township 15S, Range 33E, Sections 2, 12, 13, Township 16S, Range 33E, and Sections 18, 19, 29, 30, 37, Township 16S, Range 34E, in Volusia County, Florida.
Directions to the site are as follows: The activity location can be accessed exiting east from I-95, exit 256 onto Dunlawton Avenue. Continue east to the Dunlawton Avenue beach access.
APPROXIMATE COORDINATES:
Placement Area Approximate Northern Extent
Latitude 29.130103°
Longitude -80.956396°
Placement Area Approximate Centroid
Latitude 29.172281°
Longitude -80.976755°
Placement Area Approximate Southern Extent
Latitude 29.078369°
Longitude -80.918939°
PROJECT PURPOSE:
Basic: Beach nourishment and dune restoration
Overall: Placement of beach compatible sand dredged from the adjacent IWW and Ponce de Leon Inlet Federal Navigation Channel maintenance dredge (USACE Civil Works project).
EXISTING CONDITIONS: The shoreline consists of a gradually sloping beach that extends from an upland dune to the intertidal swash zone. In 1997, the Florida Department of Environmental Protection (FDEP) adopted the Ponce de Leon Inlet Management Implementation Plan (IMP), which included bypassing a minimum of 43,000 cy/year of beach compatible dredged material to downdrift beaches following a 1991 study that indicated the south beach was expected to erode at a rate of -12,000 cy/year without bypassing 43,000 cy/year of dredged sediments. Following an updated hydrographic survey of Ponce de Leon Inlet and its shoals in 2017, the inlet’s sediment budget was updated. As a result of the sediment budget update, it was found that, generally, the beaches both to the north and to the south have accreted since inlet management began in earnest in the early 1970’s. However, within the nearshore areas (mean high-water (MHW) to -22 ft mean low-water (MLW)) volumetric losses were noted north of the inlet and mixed volumetric gains and losses south of the inlet. This study noted that, in the long term, there is a relative balance in the beach accretion rate both north and south of the inlet, with previous inlet sand bypassing activities split approximately two-thirds to the north and one-third to the south (though most of the north beach placement occurred from 2005 and earlier, whereas most of the south beach placement took place from 2006 to the present). The study also noted that nearshore placement of dredged sand has been shown to be an effective strategy in the vicinity of Ponce de Leon Inlet.
The FDEP formally adopted a revised IMP for Ponce de Leon Inlet in Volusia County in September 2020. The revised IMP includes a component that requires placement to the north of the inlet in addition to the traditional south bypassing requirement. The proposed placement area extends from R-124.5 to R-148.5 in the longshore direction and from the MHW to -22 ft MLW in the cross-shore direction. Notably, the landward and seaward extents of the proposed nearshore placement area match those of the previously permitted nearshore placement area south of the inlet (FDEP Permit Nos. 0177220-012-JC & 0308009-007-JN).
Volusia's beaches are divided into three zones -- Natural, Transitional and Urban. Driving is permitted within Transitional and Urban Zones adjacent to the proposed placement area and banned within Natural Zones to protect sea turtles and nesting shorebirds (Volusia County Habitat Conservation Plan (HCP) 2020; https://www.volusia.org/core/fileparse.php/6466/urlt/HCP.pdf).
Natural communities within the north placement area include swimming beach and subtidal marine habitat. Sandy swimming beach exists in a long, narrow corridor bound on the east by the MLW. The beach is bound to the west by vegetated dunes or seawall, whichever is more seaward. Much of the adjacent uplands are largely developed, with ocean front land uses including hotels, single-family homes, and high-density condominiums, however, vacant land zoned for residential use is also common, particularly within the Town of Ponce Inlet. The balance of the vacant land consists of narrow infill parcels fronting U.S. Highway A1A.
Swimming Beach (181) - Within the proposed placement area, swimming beaches occur along the eastern border of the barrier island. The wide beach at the proposed placement area is gently sloped. The upper portion of the beach is the steepest, with shallower slopes in the mid- to lower-beach. The sands are white to gray, fine quartz sands with broken shell fragments evident in some areas.
There is little habitat diversity in this portion of the proposed nearshore placement area, as is typical of a high wave energy Atlantic beach. Beach organisms are exposed to extremely harsh fluctuating conditions of temperature, moisture, salinity, and substrata. The sandy portion of the beach between the land-water interface and the beginning of vegetation varies in width both in a north-south direction and seasonally. The calmer sea conditions and lower tides associated with the summer months results in a wider, sandy beach, in comparison with the narrower beach experienced during the higher tides and rougher sea conditions of winter. The unstable, shifting sands, severe salt spray, and lack of fresh water make this area relatively inhospitable for most plants and animals.
Previous site visits indicated that the beach is mostly unvegetated with little sea wrack evident. Sifted samples of sand from the upper beach showed that Sargasso sp. periodically washed ashore on these beaches. Widely scattered vegetation grew on the beach near the base of the primary dunes. Species observed include sea rocket (Cakile sp.), beach pennywort (Hydrocotyle bonariensis), Iva imbricata, and railroad vine (lpomea pescapre). Scattered sea oats (Uniola paniculata) also grew in this region.
Subtidal Marine Habitat (500) - The ocean bottom in this area is primarily sandy, with some mud overlying sand. The slope is relatively gradual when compared to other east coast areas. The 30-foot depth contour is typically 2,000 to 2,500 feet from shore. The rough sea conditions and high waves, which result in a high energy beach zone, prevent rooted vegetation from becoming established in the nearshore zone. In fact, the development of runout conditions (rip tides) caused by fast washback through breaks in nearshore sandbars are a common occurrence in Volusia County. No coral reefs or other significant natural underwater features support biologically productive communities in this area, although stony coral (Oculina spp.) banks may be found further offshore.
PROPOSED WORK: The applicant seeks authorization to place approximately 14,271,000 Cubic Yards (CY) of beach-compatible dredged material between reference monument R-66 to R 148.5. The proposed project includes placement of beach-compatible materials along the beach, and in the nearshore, north of Ponce de Leon Inlet in Volusia County, FL. On the beach placement will occur below the high tide line (HTL) and generally above the MHW from FDEP Range Monument R-066 to R-145. For the initial beach/dune renourishment project, material will be transported via truck haul from a dredged material stockpile placed on the beach by the USACE from the adjacent Intracoastal Waterway (IWW) and Ponce de Leon Inlet Federal Navigation Channels. Nearshore placement will occur between the MHW and -22-ft MLW in the cross-shore direction and from R-124.5 to R-148.5 in the long-shore direction using materials dredged from the adjacent IWW and Ponce de Leon Inlet Federal Navigation Channels. The placement of beach-compatible dredged material consists of ±1,560,000 CY for beach/dune renourishment between the HTL and MHW, ±41,000 CY for beach/dune renourishment below the MHW to the MLW, and ±12,670,000 CY for nearshore beach renourishment from the MHW to -22-ft MLW.
The initial beach/dune restoration project will be associated with the U.S. Army Corps of Engineers' (USACE) maintenance dredging project in late 2024. The dredged material, sourced from the Intracoastal Waterway (IWW) and Ponce de Leon Inlet, will be used to restore eroded beaches north of the inlet after USACE has created the stockpile on the beach. The fill placement area for beach/dune restoration extends from reference monument R-66 (north end of Daytona Beach) to R- 145 (south end of the stockpile). The fill placement template includes a variable width berm crest at +10 ft NAVD88 and a 1V:10H foreshore slope. The berm width will vary based on the location of seawalls or dune escarpments to form a straight shore-parallel berm. In areas where the berm crest cannot tie into existing structures, the fill will slope landward at 1V:4H. The fill will not cover any unpermitted structures, and property owners will be responsible for removing debris and obstacles prior to fill placement. The USACE estimates a maintenance dredging volume of up to approximately 900,000 cubic yards; however, the actual volume available for the County's truck haul will be less, depending on the actual volume dredged and the degree of equilibration and erosion of the stockpiled material. The proposed fill template has a greater capacity than the available fill volume to provide flexibility during construction and target areas in most need. All fill material will be transported from the USACE stockpile to the beach/dune template via truck haul and will be done in accordance with the County’s Incidental Take Permit. After the initial beach/dune restoration project using the USACE stockpile, future restoration activities will also be conducted via truck haul.
For adherence to the updated IMP, the project will focus on the placement of dredged materials in a nearshore area north of the Ponce de Leon Inlet spanning from R-124.5 to R-148.5. This placement area will extend from the MHW to -22 ft MLW. The materials to be placed in this area will be sourced from the FIND's Dredged Material Management Area (DMMA) MSA 434/434C South, cuts V-22 through V-40 of the IWW, and cuts 1A through 13N of the Ponce de Leon Inlet. These materials have been deemed suitable for beach and nearshore placement. For nearshore placement, the project will utilize hydraulic dredging techniques, potentially employing booster pumps, to transport the dredged sediments as a slurry to the nearshore placement area through a pipeline. The pipeline will traverse the IWW, cross the north jetty, and exit onto the beach, where it will be buried until it reaches the water. From there, it will be floated or submerged to the nearshore disposal area. Disposal will occur in the waters between Lighthouse Point Park and Egret Avenue, progressing from south to north, with pipeline segments added as necessary.
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:
“In addition to being compliant with the 2020 South Atlantic Regional Biological Opinion SARBO, the 2015 Sand Placement Statewide Biological Opinion (SPBO), the Programmatic Piping Plover Biological Opinion (P3BO), and the Standard Manatee Conditions for In-Water Work, the project incorporates several measures to avoid and minimize for potential impacts to wetlands and surface waters including strategic equipment placement, the use of turbidity curtains during any dredging/offloading activities, beach and inlet hydrographic monitoring, listed species monitoring/reporting as applicable, and compliance with conditions within the FDEP permit(s) issued for the proposed work. Notably, the project avoids all permanent impacts to natural resources and no seagrasses or hardbottom exist within the vicinity of the project.
The project incorporates several measures to avoid, minimize, and compensate for potential impacts to wetlands and surface waters:
Turbidity Control: Turbidity curtains will be deployed in active work areas associated with dredging to contain sediment and minimize its dispersion. Regular turbidity monitoring will be conducted to ensure compliance with permit requirements and to promptly address any exceedances.
Prioritization of Northern Placement: Given the significant erosion north of the inlet, initial sand bypassing efforts will be prioritized in this area. The combination placing beach-quality sand within both the beach/dune system and the nearshore area immediately offshore aims to restore the sediment balance and provide immediate protection to the vulnerable northern shoreline.
Monitoring and Adaptive Management: As part of the updated IMP, Volusia County implemented a comprehensive beach and inlet hydrographic monitoring program, which includes topographic and hydrographic surveys of the inlet system, its ebb and flood shoals, and adjoining beaches. Currently, this physical monitoring program consists of a complete county-wide beach and inlet survey every five years and interim beach surveys annually.
Listed Species Protection: In addition to being compliant with the 2020 South Atlantic Regional Biological Opinion (SARBO) for Dredging and Material Placement Activities in the Southeast United States, the 2015 Statewide Programmatic Biological Opinion (SPBO) for Shore Protection Activities along the Coast of Florida, and the 2013 Programmatic Piping Plover Biological Opinion (P3BO) for the effects of USACE Planning and Regulatory Shore Protection Activities on the Non-Breeding Piping Plover (Charadrius melodus) and its Designated Critical Habitat, the County will also comply with all applicable permit conditions related to listed species monitoring and reporting as discussed in the comprehensive listed species protection plan developed for the nearshore placement area.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“The project is expected to have a net beneficial impact to the coastal system through the restoration of the highly eroded nearshore area north of the inlet. The proposed project allows for implementation of the recently updated Ponce Inlet Management Plan as approved by the Florida Department of Environmental Protection to balance the sediment budget within Ponce Inlets area of influence. Notably, the project avoids all permanent impacts to natural resources and no seagrasses or hardbottom exist within the vicinity of the project. As a result, we do not expect the project to cause any natural resource impacts that would require mitigation; thus, we have not developed a mitigation plan nor any biological monitoring plans.”
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 the nature and scope of the work proposed (sand placement for beach and dune nourishment/restoration), and the existing authorized driving on the beach, there is little likelihood of impinging upon a historic property, even if such properties were to be present within the affected area the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES: The Corps executed a Resources At Risk (RAR) assessment over the proposed material placement area. The Corps has determined the proposed project “may affect and is likely to adversely affect” nesting sea turtles including loggerhead sea turtle (Caretta caretta), Kemp’s ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacaea), green sea turtle (Chelonia mydas), and the hawksbill sea turtle (Eretmochelys imbricata), and/or their critical habitat, based on the proposed impacts to nesting beaches.
The Corps has determined the proposed project “may affect but is not likely to adversely affect” the West Indian manatee (Trichechus manatus latirostris), piping plover (Charadrius melodus), least tern (Sterna antillarum), rufa red knot (Calidris canatus rufa), and the eastern indigo snake (Drymarchon couperi), and/or their critical habitat.
The Corps has determined the proposed project will have “no effect” on the Atlantic salt marsh snake (Nerodia clarkii taeniata) and/or its critical habitat.
The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project “may affect, but is not likely to adversely affect” swimming sea turtles including the green sea turtle, leatherback sea turtle, loggerhead sea turtle, Kemp’s ridley sea turtle, hawksbill sea turtle, Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), giant manta ray (Mobula birostris), smalltooth sawfish (Pristis pectinata), and the North Atlantic Right Whale (Eubalaena glacialis), and/or their critical habitat.
The Corps will request National Marine Fisheries Service concurrence with this 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 proposal would impact approximately ±1,100 acres of swimming beach and unconsolidated ocean bottom utilized by various life stages of Atlantic butterfish, atlantic sharpnose shark (Atlantic stock), blacktip shark (Atlantic stock), blacknose shark (Atlantic stock), bluefish, bonnethead shark (Atlantic stock), bull shark, clearnose skate, coastal migratory pelegics, finetooth shark, great hammerhead shark, lemon shark, penaied shrimp, sailfish, sand tiger shark, sandbar shark, scalloped hammerhead shark, snapper/grouper complex, spinner shark, summer flounder, tiger shark, white shark, and windowpane flounder. The proposal also occurs adjacent to a Habitat Areas of Particular Concern (HAPC) (coastal inlet). The area is void of aquatic resources and is limited to unconsolidated sand bottom. 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 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 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 not 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 15 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, John Baehre, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926; by electronic mail at john.m.baehre@usace.army.mil; or by telephone at 321-504-3771, extension 0013.
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 (FDEP).
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 re