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). The purpose of this public notice is to solicit comments from the public regarding the work described below:
WATERWAY AND LOCATION: The project would affect aquatic resources associated with The Indian River. The project site is located east of Indian River Blvd, situated south of 12th Street and north of 8th Street; Section 7, Township 30 South, Range 40 East; at latitude 27.618693° and longitude –80.378933°; in Vero Beach, Indian River County, Florida.
EXISTING CONDITIONS: The ± 53.38-acre IR-14 dredge material management area (DMMA) site is located just south of Vero Beach, Florida, extending from Indian River Boulevard to the Indian River Lagoon, a designated Aquatic Preserve and Class III Outstanding Florida Water. The site is bounded to the north by residential housing and to the south by the Lagoon Greenway, which includes a portion of the Lagoon Greenway Loop Trail. A road traverses the site, and a large FDOT drainage ditch borders the northern edge. Historically, the western half of the site was used for citrus cultivation, evidenced by rows and furrows, while the eastern portion primarily comprises tidally influenced mangrove swamp. A known archaeological site, the Washup Site #835, located outside the project boundary, was identified through a Florida Master Site File review, with potential for further review during permitting.
The site’s soils are diverse, with six types identified by the USDA. These include the frequently ponded and hydric Chobee loamy fine sand in depressions, Eau Gallie fine sand associated with pine flatwoods and hammocks, and Jupiter fine sand in the central area, which is poorly drained. The eastern portions contain very poorly drained Mckee mucky clay loam within mangrove swamps and Riomar clay loam overlying bedrock, also found in the mangrove areas. The Perrine variant fine sandy loam, typically associated with drainageways, is present centrally.
Vegetation and land use are varied, with several distinct communities identified. About 1.96 acres of Brazilian pepper (an invasive species) dominate parts of the site, primarily in former citrus grove areas. Additionally, a central drainage ditch contains invasive aquatic plants such as water hyacinth and water lettuce. The eastern wetlands feature approximately 19.32 acres of mangrove swamp, consisting of white, black, and red mangroves, with some areas of mixed mangrove and exotic hardwood wetlands covering 4.46 acres. The shoreline along the IRL is minimal, consisting of sandy beaches and rubble without notable vegetation. Large portions of upland disturbed lands, mainly former citrus groves, cover approximately 15 acres, invaded by exotic species like cogongrass and smut grass. Smaller areas of freshwater wetlands also exist, heavily impacted by invasive plants.
A comprehensive wetland delineation identified 36.80 acres of wetlands and 2.74 acres of intersecting ditches. Elevations range from 8 feet NAVD 88 on the western boundary to sea level at the eastern edge adjacent to the IRL.
PROJECT PURPOSE:
Basic: Dredge disposal site development.
Overall: To provide increased dredge disposal capacity for the Florida Inland Navigation District within Indian River County to meet the demand for future new and maintenance dredging operations within the Indian River.
PROPOSED WORK: The applicant requests authorization to fill 12.25 acres of surface waters and wetlands. The activity will include fill, grading, and canal relocation on the site to facilitate the construction of a dredge material management area (DMMA).
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“FIND, the local sponsor of Florida’s Atlantic Intracoastal Waterway and Okeechobee Waterway, is tasked with preparing and implementing long-term dredged material management plans for 502 miles of federal navigation channels. The primary program objective is to locate, obtain, design, and permit dredged material management sites — both upland dredged material management and beach placement areas — capable of handling projected 50-year waterway maintenance dredging requirements in 12 Florida counties. In the planning stages, historic USACE engineering plans and records are analyzed to establish logical channel reaches and associated 50-year dredging requirements. Candidate sites for each reach are then identified and ranked based on consultants review of color infrared and black and white aerial photography, soils and wetland inventory maps, and on-site inspections. Various management options are then evaluated to arrive at a management concept with the most feasible combination of engineering, operational, archaeological, cultural, environmental, and cost considerations.
In accordance with the mitigation hierarchy of the project design prioritizes the avoidance and minimization of impacts to wetlands and other surface waters. This commitment to environmental protection is balanced with the project's mandated purpose under Chapter 373, Part IV, F.S., to ensure the safe and efficient navigation of the ICWW for commercial and recreational purposes. To achieve this balance, Taylor Engineering's environmental and engineering staff coordinated closely throughout the design process. This collaboration resulted in multiple project drawing revisions to reduce and eliminate wetland impacts while maintaining the project's functionality as a DMMA.
Specific avoidance and minimization measures include:
• Reduction of Project Footprint: The overall size of the IR-14 DMMA footprint was reduced, and its location was shifted westward to avoid impacts to sensitive mangrove habitats. This demonstrates a commitment to avoiding impacts to the highest quality wetland communities onsite.
• Elimination of Mangrove Impacts: Through careful design and planning, all direct and secondary impacts to mangrove swamps (FLUCCS 612) have been successfully avoided. This ensures the preservation of these vital habitats, which provide essential ecological functions and support a diverse array of species.
• Focus on Degraded Wetlands: The remaining unavoidable impacts are limited to degraded, disturbed, and invasive wetland habitats with lower ecological value.] This approach prioritizes the preservation of higher-quality wetland systems, minimizing the overall environmental impact of the project.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Section 404 mitigation requirements will be satisfied by the purchase of mitigation credits from the Basin 22 Mitigation Bank or the CGW Mitigation Bank.”
CULTURAL RESOURCES:
The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) (Project Code: 2025-0155843) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.
The Corps has determined the proposed project may affect, not adversely affect wood stork (Mycteria americana), and the Eastern Indigo Snake (Drymarchon couperi).
The Corps Has determined that the proposed project will have no effect on Florida panther (Puma (=Felis) concolor coryi), Puma (=mountain Lion) (Puma (=Felis) concolor (all subsp. except coryi), American Crocodile (Crocodylus acutus), Southeastern Beach Mouse (Peromyscus polionotus niveiventris), West Indian Manatee (Trichechus manatus), Everglade snail kite (Rostrhamus sociabilis plumbeus), crested caracara (Caracara plancus audubonii), eastern black rail (Laterallus jamaicensis ssp. Jamaicensis), monarch butterfly (Danaus Plexippus), Fragrant Prickly-apple (Cereus eriophorus var. fragrans), Lakela's Mint (Dicerandra immaculata).
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.
This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP) or South Florida Water Management District (SFWMD).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from Florida Department of Environmental Protection (FDEP) or South Florida Water Management District (SFWMD. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.
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.
COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
The Jacksonville District will receive written comments on the proposed work, as outlined above, until October 21, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Corey Maier at corey.m.maier@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Corey Maier, 400 High Point Drive, Suite 600, Cocoa, Florida 32796. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
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