SAJ-2023-01306 (SP-JAZ)

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.

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at jacob.a.zehnder@usace.army.mil.

APPLICANT:  Martin County Board of County Commissioners

                      Attn: James Gorton, Public Works Director

                      2401 SE Monterey Road

                      Stuart, FL 34996

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with the Atlantic Ocean. The project site is located along the shoreline of the Atlantic Ocean within Martin County beginning at Florida Department of Environmental Protection (FDEP) Range Monument (R) R-25 and extending south to R-34 over a distance of roughly 1.6 miles. The project is located in Section 32, Township 37 South, Range 42 East, and Section 05 and 08, Township 38 South, Range 42 East, in Martin County, Florida.

Directions to the site are as follows:  From I-95 take Exit 101 towards Stuart. Merge onto FL-76 E and continue for 4.8 miles. Turn right onto FL-714 E/SE Monterey Rd and continue for 2.9 miles. Turn right onto SE Ocean Blvd and continue for 2.9 miles before turning right onto NE MacArthur Blvd. Continue for 0.8 miles and the parking lot for Santa Lucea Beach will be on the left. The project area can be reached via the beach access connected to the parking lot.

APPROXIMATE CENTRAL COORDINATES:  

Northern Terminus: Latitude 27.209605°

          Longitude -80.171206°

Southern Terminus: Latitude 27.187705°

          Longitude -80.160606°.

PROJECT PURPOSE:

Basic:  To restore and maintain the Atlantic Ocean shoreline and adjacent dunes. 

Overall:  To place beach compatible sand to restore the dune after degradation during the 2022 Hurricane Season on Martin County beaches. Project will link existing restoration projects and protect existing hurricane evacuation routes.

EXISTING CONDITIONS:  The shoreline is characterized by single-family homes, multi-family homes, undeveloped private parcels, County lands, and State lands. The entire 1.6 miles of project area between R-25 and R-34 is characterized by FDEP as Critically Eroded Beach. FDEP defines critically eroded shorelines as “a segment of the shoreline where natural processes or human activity have caused or contributed to erosion and recession of the beach or dune system to such a degree that upland development, recreational interests, wildlife habitat, or important cultural resources are threatened or lost” (FDEP 2024 - Critically Eroded Beaches in Florida). Including the project location, Martin County has a total of 18.4 miles of critically eroded shorelines per FDEP.

PROPOSED WORK:  The applicant seeks authorization to place 96,000 cubic yards of beach compatible sediments approximately 490 cubic yards being placed waterward of the MHWL over an area of 0.38 acres (0.32 acres of Atlantic Ocean surface waters/beach and 0.06 acres of exposed rock). Installation of four native plant species appropriate for the conditions onsite and planted on 18-inch centers. Project materials will be stockpiled between R-25 and R-26.5, shall not exceed 1,400 ft long, and shall be no higher than elevation of +14 ft-NAVD88. Side slopes shall not be steeper than 1V:3H, and the limits of the stockpile shall be located between R-25 and R-26.5. If insufficient beach area is available for stockpile placement, the contractor has the option to construct a low-lying berm at an elevation of +4 ft NAVD88 based on the native berm elevation that extends from the seaward crest of the design dune (+14 ft NAVD88), at a variable distance that is aligned with the limits of the Martin SPP berm-for reference, the FEMA 2% annual exceedance probability (50-year event) elevation is +4.2 ft-NAVD88. This berm shall tie into existing elevations at 1V:10H and shall not extend further seaward than the adjacent Martin County SPP template. 

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:

“No materials or equipment will be permitted to be stockpiled within the dunes or on the beach, though temporary staging of equipment and/or pipelines on the beach may be necessary. Additionally, the applicant will comply with typical impact minimization measures required by FDEP for dune nourishment... The County will comply with all applicable existing permit conditions as developed for the federal shore protection project to reduce/avoid/minimize potential impacts to listed species.

Within the project area, turbidity curtains are not feasible, and the contractor will conduct the same monitoring as required in FDEP Permit No. 0295380-001-JC (and subsequent modifications) for placement of sand on the beach. During construction, turbidity monitoring will provide evidence of compliance with permit requirements. Sampling will occur using techniques and intervals described in the permit for background stations and compliance stations. An allowance of 29 NTU s above background levels, in the mixing zone, is proposed. If the turbidity levels exceed 29 NTU above background, placement activities will immediately halt until turbidity decreases to acceptable levels as stated in the permit. Detailed requirements for construction that ensure minimal impacts to water quality will be included in the Construction Plans and Technical Specs.

The proposed project area does not lie within Outstanding Florida Waters (OFW) and will not impact water quality except temporary changes in turbidity localized to the small areas (<0.5 acres total) of the project below the MHWL. In general, the material will be placed landward of the mean high-water line, where wave and current action are minimized, limiting distribution of the material within the surf zone and beach. That said, it should be noted that continuous sand movement and temporary shoal development and erosion are part of the sediment dynamics in this area.

Notably, a dune nourishment project with a very similar template was completed in this location as part of the Emergency CCCL Permit in 2005. As noted in the drawings, sand placement was authorized to the pre-storm sand/rock interface as proposed for this project. Additionally, the offshore borrow source and upland mines were previously approved for placement in this location as part of the 2005 project. That said, to ensure sediment compatibility, sediment QA/QC plans have been developed for both sand source types.

The proposed project is to restore and nourish the protective dune along SE MacArthur Boulevard and does not involve any new impacts to significant environmental resources. Sand placement is generally landward of the mean high-water line, though in some places it does extend past the mean high-water line to ensure slope stability and to optimize conditions for nesting sea turtles. In areas where rock outcroppings are present, sand placement will be limited to the pre-storm sand/rock interface with only newly exposed rock proposed to be buried. While there is hardbottom located offshore of the project location, the extremely limited placement seaward of the mean-high water line (<500 cubic yards) will limit any potential impacts.”

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

“[T]here are no known seagrass beds or reef communities located in the vicinity of the project site. Therefore, this project is not expected to cause any unacceptable cumulative impacts to water quality or environmental resources. The project includes no permanent impacts and therefore does not require mitigation.”

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: 

The Corps has determined the proposed project “may affect, and is not likely to adversely affect” the nesting loggerhead sea turtle, nesting leatherback sea turtle, nesting green sea turtle, nesting hawksbill sea turtle, nesting Kemp’s ridley sea turtle, and southeastern beach mouse or its designated critical habitat based on compliance with the Statewide Programmatic Biological Opinion (SPBO). The Corps has determined the proposed project “may affect, and is not likely to adversely affect” the piping plover or its designated critical habitat based on compliance with the Piping Plover Programmatic Biological Opinion (P3BO). No further consultation is required with U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act with compliance of the afore-mentioned Programmatic Biological Opinions.

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 (and subsequent addendums). Use of this key resulted in the sequence A-B-C-G-N-O-P5 = “May Affect, Not Likely to Adversely Affect”. The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In-Water Work, 2011, which the applicant agreed to implement. No further consultation was required.

Wood Stork: The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (January 2010). Use of the Key for Wood Stork resulted in the following sequential determination: A (The project does not affect SFH) = “no effect”. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.

ESSENTIAL FISH HABITAT (EFH):  This notice initiates consultation with the National Marine Fisheries Service (NMFS) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The applicant has designed the project to place the majority of the sand above the mean high water line and to avoid impacts to hardbottom resources, with the exception of hardbottom that was exposed by storm-related erosion, the Corps’ initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the South Atlantic. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.

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 within 30 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments through the Cocoa Section at 400 High Point Drive, Suite 600, Cocoa, FL 32926.

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) 504-3711 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 or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.  

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 project is being reviewed by FDEP’s Office of Coastal and Resilience Program under application no. 0295380-011-JN.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from Florida Department of Environmental Protection (FDEP). The project is being reviewed by FDEP’s Office of Coastal and Resilience Program under application no. 0295380-011-JN. 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.

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