Attachment_D2_-_FDEP_Permit_Modification.pdf

Permittee/Authorized Entity:

City of Cocoa Beach Attn: Scott Maxim

1600 Minuteman Causeway Cocoa Beach, FL 32931 scott.maxim@cityofcocoabeach.com

Cocoa Beach Muck Cap

Authorized Agent:

Applied Ecology, Inc.

Attn: Tamy Dabu 2200 Front Street, Suite 300

Melbourne, FL 32901 tdabu@appliedecologyinc.com

Environmental Resource Permit

State-owned Submerged Lands Authorization – Granted

U.S. Army Corps of Engineers Authorization – Separate Corps Authorization Required

Brevard County

Permit No.: 0443265-002-EM

Permit Modification Issuance Date: June 20, 2025

Permit Issuance Date: January 28, 2025 Permit Construction Phase Expiration Date: January 28, 2030

FLORIDA DEPARTMENT OF

Environmental Protection

CENTRAL DISTRICT OFFICE

3319 MAGUIRE BLVD., SUITE 232

ORLANDO, FLORIDA 32803

Ron DeSantis Governor

Alexis A. Lambert

Secretary mailto:scott.maxim@cityofcocoabeach.com mailto:tdabu@appliedecologyinc.com

NOTICE OF PERMIT MODIFICATION

City of Cocoa Beach Attn: Scott Maxim 1600 Minuteman Causeway Cocoa Beach, FL 32931 Scott.maxim@cityofcocoabeach.com

Permit Modification No.: 0443265-002-EM Permittee: City of Cocoa Beach Project Name: Cocoa Beach Muck Cap Project

Dear Scott Maxim:

Your request to modify permit number 0443265-001 has been received and reviewed by Department staff. The modifications include changes to Specific Conditions in the permit, including Specific Conditions 4, 5, 16, 25, 29, 33, and 35, and an amendment to the attached Habitat Cap Monitoring Plan. No modifications are authorized to the permitted design.

1. Specific Condition 4: Turbidity levels outside the active construction area (e.g., area or phase on the project site where construction activities are actively occurring) shall not exceed 0 NTU’s above background levels. The following measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State surrounding the active construction area exceed 0 NTU’s above Background and attributed to work activities:

a. Notify the Department at (407)-897-4100 at the time the violation is first detected.

b. Immediately cease all work contributing to the water quality violation.

c. Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, implement or install more Best Management Practices or (e.g. reduce placement rate, install turbidity containment devices), and repair any non-functional turbidity containment devices.

d. As required, perform turbidity monitoring per Specific Conditions.

e. Resume construction activities once turbidity levels outside of the active construction area fall below 0 NTUs above background.

2. Specific Condition 5: Water turbidity levels shall be monitored if a turbidity plume is observed outside the active construction area. Samples shall be taken every four hours until turbidity subsides at one foot above the bottom, mid-depth, and one-foot below the surface at monitoring stations located as follows:

FLORIDA DEPARTMENT OF

Environmental Protection

CENTRAL DISTRICT OFFICE

3319 MAGUIRE BLVD., SUITE 232

ORLANDO, FLORIDA 32803

Ron DeSantis Governor

Alexis A. Lambert

Secretary mailto:Scott.maxim@cityofcocoabeach.com

Permittee: City of Cocoa Beach Permit Expiration: January 28, 2030 Permit No: 0443265-002-EM Page 2 of 7

a. Approximately 100 feet up-current of the work sites and/or clearly outside the influence of construction activities. (This shall serve as the natural background sample against which other turbidity readings shall be compared.)

b. Outside the active construction area and within the densest portion of any visible turbidity plume. (This sample shall serve as the compliance sample.)

3. Specific Condition 16: The oyster modules shall be constructed in accordance with the attached drawings, unless site conditions have changed (e.g., presence of newly recruited seagrass) by the time of installation that prompts adaptive placement of the modules. Any major changes to the oyster module placement shall be authorized in a permit modification in accordance with rule 62-330.315, F.A.C. prior to installation.

4. Specific Condition 25: As part of the monitoring reports outlined in Specific Condition 35 below, the applicant shall provide the status of each oyster module. Reports should include the condition and location of each and details if any have shifted, been removed, damaged, replaced, etc. Reports should be submitted following the schedule outlined below and after every named storm event (e.g., tropical storms or hurricanes) affecting Brevard County as reflected in a Governor’s Executive Order.

5. Specific Condition 29: Projects shall be monitored at representative locations quarterly for up to one year pre-construction, for a minimum of one-year post-construction and after each named storm event (e.g., tropical storms or hurricanes) affecting Brevard County as reflected in a Governor’s Executive Order for a minimum of (1) year following project completion, the first post-construction monitoring event occurring 30 days from project completion. Subsequent monitoring reports shall be submitted quarterly as part of the Water Quality and Sediment Monitoring Protocol (attached). Progress reports for the project shall be submitted to the Department prior to the start of work and shall continue to be submitted quarterly until construction of the permitted project. The reports shall be sent to the Department of Environmental Protection, Central District Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, at DEP_CD@FloridaDEP.gov or 3319 Maguire Blvd, Suite 232, Orlando, FL 32803.

Additionally, copies of all reports shall also be sent by electronic mail to ORCP_ManagedAreas@FloridaDEP.gov or by mail to the attention of Matthew Anderson, Aquatic Preserves Manager, Coastal and Aquatic Managed Areas, Indian River Lagoon Aquatic Preserves, 3300 Lewis Street, Ft. Pierce, FL 34981.

6. Specific Condition 33: If the quarterly monitoring report along with collected operational data documents (1) any consistent operational problems, (2) a decline in the water quality of the receiving water body, or (3) a decline in the species composition or abundance of the benthic community, then the permittee must inform the Department within two weeks of any documented problem that is not the result of outside factors (e.g., natural disaster) and that may be reasonably attributed to the sand cap. Corrective actions may be required which could result in the requirement to modify the permit

7. Specific Condition 35: The permittee is authorized to complete a habitat cap of planting mangroves and installation of low profile oyster modules. Within 90 days after completing the Cocoa Beach Muck Cap-Habitat Cap Project, the permittee shall submit to the Department a baseline ("time zero") narrative report. The reports shall be sent to the mailto:ORCP_ManagedAreas@FloridaDEP.gov

Permit No: 0443265-002-EM Page 3 of 7

Department of Environmental Protection, Central District Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, at DEP_CD@FloridaDEP.gov or 3319 Maguire Blvd, Suite 232, Orlando, FL 32803. The reports shall contain photographs taken from established referenced locations to represent each of the entire sites. Subsequent monitoring reports shall be submitted on an annual basis with the following schedule for up to (5) five years as part of the Habitat Cap Monitoring Plan.

Year 1: A monitoring report will be provided within 90 days post-completion of the first year of monitoring (summarizing four monitoring events)

Year 2 through 5: A monitoring report will be provided within 90 days of the second semi-annual event (summarizing two monitoring events per year)

The cover page shall indicate the permit number, project name and the permittee name.

Along with the cover page, each report shall include the following information:

a) Date permitted activity was begun; if work has not begun on-site, please so indicate.

b) Brief description of extent of work (i.e., monitoring, maintenance) completed since the previous report or since the permit was issued including problems encountered and solutions undertaken. Show on copies of the permit drawings those areas where work has been completed.

c) Brief description and extent of work (i.e. monitoring, maintenance) anticipated in the next year.

d) The progress of the permitted oyster project including the following information where applicable.

i) Oyster population metrics including oyster density, shell length, and presence of multiple size classes. If the project is seeded with gardened oysters at deployment, survival and growth of gardened oysters can only be determined through oyster density and shell length distribution interpretation during the first six months or until any naturally recruited oyster cohorts increase in shell length to the minimum threshold of seeded gardened oysters.

ii) Numbers of observed reef associated species which may include competitors, predators, commensals and number of live oysters impacted by boring sponge.

iii) Presence/absence of oyster bridge formation, algal overgrowth, depth of sediment accretion on tops of units, integrity of units, and module stability (subsidence or lateral movement).

e) The progress of the permitted mangrove plantings project including the following information where applicable.

i. Color photographic prints taken from the reference points established in the Time Zero Monitoring Report.

ii. Detailed description of statistical methods used which must include the following:

(a) Subsample method and map of sampling locations.

(b) Method used to determine percent cover and growth.

(c) Statistical analyses used.

iii. Tree species composition with estimates of the contribution to percent cover.

iv. Plan view depicting the locations of specimens replanted. (Indicate numbers of each species replanted).

Permit No: 0443265-002-EM Page 4 of 7

v. Growth data for mangrove tree species. Data shall include measurements of height and mean annual growth rate to date.

vi. Photocopy of the field notes depicting the raw data collected.

f) Each report will also monitor physical oceanographic data, including date, time, water depth, air and water temperatures, and water salinity taken at each monitoring event.

g) A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision and accuracy of the data;

Since the proposed modifications are not expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as requested. By copy of this letter and the attached drawings, we are notifying all necessary parties of the modification(s).

This letter of approval does not alter the original expiration date, January 28, 2025, Specific or General Conditions, or monitoring requirements of the permit with the exception of the modifications stated above. This letter and accompanying drawings must be attached to the original permit.

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action.

Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-

106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

Permit No: 0443265-002-EM Page 5 of 7

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).

The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry.

Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.

Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S. by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel mailto:Agency_Clerk@FloridaDEP.gov mailto:Agency_Clerk@FloridaDEP.gov

Permit No: 0443265-002-EM Page 6 of 7

(Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.

EXECUTION AND CLERKING

Executed in Orange County, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Reggie Phillips Program Administrator Permitting and Waste Cleanup Program

Attachments:

1. Habitat Cap Monitoring Plan, 19 pages

2. Original Permit File No. ERP_0443265-001-EI:

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=23.153 3739.1]&[profile=Permitting_Authorization]

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons:

DEP, Office of General Counsel Aaron Watkins, FDEP, Aaron.Watkins@floridadep.gov Reggie Phillips, FDEP, Reggie.Phillips@floridadep.gov Teayann Duclos, FDEP, Teayann.Duclos@FloridaDEP.gov Alexandra Davis, FDEP, Alexandra.K.Davis@FloridaDEP.gov Matthew Anderson, Banana River Aquatic Preserve, Matthew.R.Anderson@FloridaDEP.gov Irene Arpayoglou, Aquatic Preserve Manager, irene.arpayoglou@FloridaDEP.gov FDEP Hydrographic Review, DWRM_EHG_Review@dep.state.fl.us U.S. Army Corps of Engineers Jax, corpsjaxreg-nc@usace.army.mil FWC, Imperiled Species Management Section, ImperiledSpecies@MyFWC.com FFWCC, FWCConservationPlanningServices@myfwc.com DOS, CompliancePermits@dos.fl.gov DEO, dcppermits@deo.myflorida.com Brevard County, LeeAnn.McCullough-Wham@Brevardfl.gov DOACS, Portia.Sapp@FreshFromFlorida.com Michelle Pasawicz, FWC, michelle.pasawicz@myfwc.com Eric Seckinger, FWC, Eric.Seckinger@MyFWC.com Devan Pritts, City of Cocoa Beach, devan.pritts@cityofcocoabeach.com Tamy Dabu, Consultant, tdabu@appliedecologyinc.com https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1533739.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1533739.1%5d&%5bprofile=Permitting_Authorization mailto:Aaron.Watkins@floridadep.gov mailto:Reggie.Phillips@floridadep.gov mailto:Teayann.Duclos@FloridaDEP.gov mailto:Alexandra.K.Davis@FloridaDEP.gov mailto:Matthew.R.Anderson@FloridaDEP.gov mailto:irene.arpayoglou@FloridaDEP.gov mailto:DWRM_EHG_Review@dep.state.fl.us mailto:corpsjaxreg-nc@usace.army.mil mailto:ImperiledSpecies@MyFWC.com mailto:FWCConservationPlanningServices@myfwc.com mailto:CompliancePermits@dos.fl.gov mailto:dcppermits@deo.myflorida.com mailto:LeeAnn.McCullough-Wham@Brevardfl.gov mailto:Portia.Sapp@FreshFromFlorida.com mailto:michelle.pasawicz@myfwc.com mailto:Eric.Seckinger@MyFWC.com mailto:devan.pritts@cityofcocoabeach.com mailto:tdabu@appliedecologyinc.com

Permit No: 0443265-002-EM Page 7 of 7

Jason Raimondi, Consultant, JRaimondi@geosyntec.com Walker Dawson, Consultant, wdawson@appliedecologyinc.com

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.

June 20, 2025 Clerk Date mailto:JRaimondi@geosyntec.com mailto:wdawson@appliedecologyinc.com

June 17, 2025

COCOA BEACH GOLF CAPPING

PROJECT

HABITAT CAP MONITORING PLAN (HCMP)

WORK ORDER NO. 100043333

PREPARED BY: PREPARED FOR:

File Name: Cocoa Beach Muck Cap File No.: 443265-002-EM FDEP Page 1 of 19

COCOA BEACH GOLF CAPPING PROJECT

HABITAT CAP MONITORING PLAN

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TABLE OF CONTENTS

1 Introduction ................................................................................................................................................................................ 1-1 2 Habitat Cap Restoration Site Selection ............................................................................................................................ 2-1 3 Restoration and Planting Plan ............................................................................................................................................. 3-1 4 Habitat Cap Success Criteria ................................................................................................................................................ 4-1 5 Monitoring Frequency and Reporting .............................................................................................................................. 5-1 6 Monitoring Deliverables ........................................................................................................................................................ 6-1 7 Adaptive Management Plan ................................................................................................................................................. 7-1 8 References ................................................................................................................................................................................... 8-1

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LIST OF FIGURES

Figure 2-1. Proposed habitat caps with 2021 and 2024 seagrass percentage for the Cocoa Beach Golf Capping Project. ................................................................................................................................................................. 2-2

LIST OF TABLES

Table 3-1. Proposed planting species. ..................................................................................................................................... 3-1 Table 4-1. Habitat cap success metrics. ................................................................................................................................... 4-1 Table 4-2. Proposed Method and Frequency for Monitoring SAV Presence and Percent Cover in the Habitat

Caps. ........................................................................................................................................................................................ 4-1

LIST OF APPENDICES

Appendix A SAV Field Collection Datasheet

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LIST OF ACRONYMS AND ABBREVIATIONS

BRL Banana River Lagoon CIP Capital Improvement Project F.A.C. Florida Administrative Code FDEP Florida Department of Environmental Protection FFWCC Florida Fish and Wildlife Conservation Commission GPS Global Positioning System IRL Indian River Lagoon LPOH Low-Profile Oyster Habitat RAI Request for Additional Information SAV Submerged Aquatic Vegetation SJRWMD St. Johns River Water Management District SOIRL Save Our Indian River Lagoon USFWS United States Fish and Wildlife Service

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1 INTRODUCTION

The City of Cocoa Beach is proposing to place a sand cap, up to 15 inches, over existing muck sediments in the Banana River Lagoon (BRL) adjacent to the City of Cocoa Beach Municipal Golf Course, in Cocoa Beach, Florida. This restoration project is managed by the City of Cocoa Beach and funded by the Brevard County Save Our Indian River Lagoon (SOIRL) Project Plan ($21.35 million) and State Appropriations ($12 million).

This is the largest Capital Improvement Project (CIP) in the 10-year, $490 million SOIRL Project Plan.

The area where the project is proposed is a large relic borrow pit that ranges in depth from approximately 4 feet to 25 feet. The material excavated from this relic borrow pit was used to create almost 400 acres of upland that has since been developed. This upland includes two public schools, the City of Cocoa Beach Golf Course, Aquatic Center, Public Works Department and Water Reclamation Facility, as well as residential development. Over time, fine-grained organic rich sediment (i.e. “muck”) accumulated in the deep borrow pits, due to soil erosion and decaying organic material. Research has shown that this muck deposit contributes over 55,000 pounds of nitrogen and over 3,000 pounds of phosphorus annually to the BRL (Tetra Tech, 2024).

This BRL ecological restoration project of 140.7 acres includes the placement of approximately 270,000 cubic yards of clean sand over the existing muck sediments found within the BRL. In addition, the project includes the creation of 1.6 acres of sand habitat cap for a total of 142.3 acres of ecological restoration on sovereign submerged lands in the BRL (Figure 2-1).

Applied research using a pilot study has shown that muck capping within the Indian River Lagoon (IRL), with clean sandy material, can be a cost-effective alternative to dredging. An appropriately designed sand cap can create beneficial benthic habitat and significantly reduce nutrient flux of nitrogen and phosphorous (Fox, 2023). For this specific project, due to the size of the project, depth of the accumulated muck, and other specific criteria, the capping alternative was shown to be more cost-effective and appropriate than traditional dredging.

In the third Request for Additional Information (RAI), the Florida Department of Environmental Protection (FDEP) requested that a post-construction monitoring and adaptive management plan be developed to demonstrate habitat cap success on sovereign submerged lands. This document details the habitat cap monitoring plan (HCMP) which focuses on mangrove species survival, oyster growth and recruitment, natural SAV recruitment, and wildlife/fish species presence.

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2 HABITAT CAP RESTORATION SITE SELECTION

This section outlines the site selection considerations associated with the 1.6-acre habitat cap restoration areas (A and B) within the BRL and specifically within the Cocoa Beach Golf Muck Capping Project. The two proposed habitat cap areas were carefully chosen based upon the following factors:

1. Absence of submerged aquatic vegetation (SAV)

2. Water depths

3. Distance to existing navigational channels

The majority of the 142.3-acre project area consists of deeper depths than surrounding natural areas due to historical dredging activities. Existing water depths within the project areas range from approximately -4 feet to -25 feet. Due to the existing poor water quality conditions and water depths greater than 6 feet, the majority of the project area is not conducive for SAV habitat. Based upon the SAV surveys conducted in August and September 2021 and August 2024, along with SAV survey data from St. Johns River Water Management District (SJRWMD), seagrass is only present in scattered locations close to the shoreline. Two narrow areas near the western side of the project shoreline were chosen for the proposed habitat cap, avoiding impacts to the identified seagrass (Figure 2-1).

It is also critical that the installation of the habitat cap occur at a sufficient distance from navigation channels in order to avoid impacts to boat traffic and so that navigation would not be adversely affected. Existing navigation channels run parallel to the western and southern shorelines. The two habitat restoration areas are located a minimum of 25 feet landward of these existing channels.

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Figure 2-1. Proposed habitat caps with 2021 and 2024 seagrass percentage for the Cocoa Beach Golf Capping Project.

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3 RESTORATION AND PLANTING PLAN

After the placement of clean sand material, the two habitat cap restoration areas will consist of the same profile and elevations. Existing elevations within the two areas are approximately -1 feet to -5 feet. The proposed water depths will range from approximately -1 foot to -4 feet, after cap placement, with a flat ledge created to promote wetland and benthic recruitment.

The habitat cap area will remain undisturbed for a minimum of six months after the cap is placed. After this period, portions of the 1.6-acre area will be planted by hand with desirable estuarine vegetation to include red and black mangroves. The proposed species to be planted are included in Table 3-1. Success criteria associated with the proposed active habitat restoration effort is described in Section 4 (Table 4-1).

Table 3-1. Proposed planting species in Area A and Area B.

Planting Zone

Common Name

Scientific Name Size

Approximate Quantity Details

Mangrove

Black Mangrove Avicennia germinans 3-gallon 75 75 feet long clusters; Plant at approximate elevation -1 foot;

with mangroves planted on 2-to-4-foot staggered centers in four rows

Red Mangrove Rhizophora mangle 3-gallon 350

Oysters Eastern Oyster Crassostrea virgincia ≥5mm 300 linear feet

Installation will be on the waterward side of the habitat cap (western edge) at approximate depths between - 2-3ft NAVD; oysters placed in 75 feet long clusters with 10-foot-wide openings between the oyster reefs

Oysters and mangroves are widely accepted to be keystone species and the reefs and forests they form provide habitat for many estuarine species, stabilize shorelines and provide water quality benefits. Both oyster and mangrove living shorelines have shown to attenuate wave energy, protecting shoreline and sediments from eroding (Manis et al, 2014; Cassidy and Tomiczek, 2021). Restoration of these important habitats is underway throughout the IRL and are included in this monitoring plan to enhance the habitat cap areas if natural recruitment does not occur.

The mangrove plantings will provide a fishery habitat and protect the City of Cocoa Beach Municipal Golf Course from future wind and erosion events. Two species of mangrove, black (Avicennia germinans) and red (Rhizophora mangle) will be planted within the habitat cap areas after the habitat cap has stabilized, approximately within six months to one year post habitat cap installation. Mangroves will be planted in clusters to improve resilience to wave energy and increase the likelihood of success.

Mangrove placement will adhere to the Florida Administrative Code (F.A.C.) Section 62-330.631 General Permit to Government Entities for Limited Environmental Restoration or Enhancement Activities and all

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3-2 | P a g e planting materials will consist of native wetland plant species obtained from commercially grown stock that is native to the geographic region of the project.

The Eastern Oyster (C. virgincia) was once present throughout all regions of the IRL (Mikkelson, et al. 1995), but reefs distribution in the IRL and globally has declined over the last several decades due to overharvesting and water quality decline (Beck et al, 2011). According to the Indian River Lagoon Aquatic Preserve System Management Plan, the acreage of mollusk reefs throughout many regions of the IRL is largely unknown, but recent mapping efforts suggest large established reefs are still present in the southern portion of Brevard County, with smaller patch reefs found throughout other areas (Hansen, 2021). Although oyster distribution throughout the Banana River Lagoon is currently limited, NOAA navigation charts provide evidence that oyster reefs did once exist in the Banana River Lagoon in the vicinity of the habitat cap project location. If natural recruitment does not occur as a result of placement of the habitat cap, this presents an excellent opportunity for oyster reef restoration to restore the ecosystem services oyster reefs once provided to this portion of the BRL.

The City of Cocoa Beach will follow the Brevard County Oyster Habitat Suitability and Rehabilitation Success Plan for the successful restoration of oysters in the IRL. The County and Brevard Zoo have completed successful oyster restoration projects over the years utilizing predominantly three different mediums: oyster bags, oyster gabions, or oyster corrals. Several oyster projects throughout the IRL have shown that plastic free alternatives such as gabions and limestone boulders provide both adequate containment for shell cultch and suitable conditions for oyster settlement and growth. In areas that are recruitment limited, the addition of spat to the restoration site is recommended (Anderson et al., 2019) and will likely be necessary to ensure restoration success at this project location. The limestone boulders with contained shell cultch or similar technology are the preferred method of oyster habitat creation within the two proposed Habitat Cap enhancement areas (Area A and Area B). Prior to installation of the habitat cap enhancement area, any new technologies that have become available will be evaluated for suitability for this habitat cap.

All components of the habitat cap enhancement (i.e. oyster reefs and mangroves) will be installed utilizing low impact methods. All mangrove and oyster restoration areas will be temporarily marked prior to deployment of materials to ensure proper placement. Mangroves and oyster reef materials will be staged in an adjacent upland area prior to installation and transferred from the staging area to the restoration site for installation utilizing methods appropriate for each restoration material which may include shallow draft motorized vessels, non-motorized vessels, and hand carry methods. Any motorized vessels used will remain offshore in water depths sufficient to ensure the vessel does not become grounded, cause damage to flora or fauna and to ensure turbidity is effectively controlled. Precautions will be taken during installation to abide by standard manatee conditions for in-water work as prescribed by U.S. Fish and Wildlife Services (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC). Oyster modules will be spaced a minimum of 10ft apart to allow for wildlife passage between and around modules.

Any oyster placement will adhere to the Section 62-330.632 Florida Administrative Code (F.A.C.) General Permit for the Restoration, Establishment and Enhancement of Low-Profile Oyster Habitat (LPOH). All LPOH material will consist of only the following:

• Clean, sediment free culture materials (cultch) that does not contain deleterious substances that have the potential to leach into surface waters

• Cultch shall consist of recycled shell that has been quarantined for at least three months

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• Cultch may include limerock consisting of a minimum of 20% calcium carbonate by volume, with 90% of the limerock being no larger than six inches in diameter

• Cultch that was intentionally placed in estuarine waters for a period of time to collect oyster larvae, or seedstock (juvenile shellfish species) that has been cultured and placed in estuarine waters for grow out

• LPOH materials will be firmly fixed on the substrate, utilizing bags, gabions or corrals to prevent movement of the LPOH from habitat cap areas

In accordance with Section 62-330.632, F.A.C, the LPOH shall not be inconsistent with any management plan approved by a federal, state, regional and/or local agency that addresses oyster habitat, wetland vegetation, submerged resources, water quality, navigation, or fishing and recreational values of the waterbody. LPOH placement will be consistent with the following management plans:

• Indian River Lagoon Aquatic Preserve System Management Plan (Banana River Aquatic Preserve Sections)

• Brevard County Oyster Habitat Suitability and Rehabilitation Success Plan

It should be noted that no water quality information will be collected as part of the Habitat Cap Monitoring Plan but will be collected as part of the Cocoa Beach Golf Capping Project Water Quality and Sediment Monitoring Plan (WQSMP). After the installation of the muck cap, there is an expected reduction of turbidity for capping area and surrounding waters. Since light is mandatory for the growth and survival of seagrasses (Morris, et al., 2022), there is a chance that the reduced turbidity can aid in the natural recruitment of seagrasses to the surrounding areas and within the habitat caps.

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4 HABITAT CAP SUCCESS CRITERIA

The two habitat cap restoration areas will be determined to be successful when the following criteria are achieved:

• Red and black mangroves survival is greater than 33%

• Oyster density has reached an average of ≥10 adult oysters (≥40mm) per square meter of restored reef areas.

• Natural estuarine species recruitment (i.e. seagrass) is documented

• Fish and wildlife species presence is documented

• Documentation of natural SAV recruitment (Presence/Absence)

Each habitat cap will be individually assessed using a semi-quantitative method for success. If one habitat cap restoration area has demonstrated success, then future monitoring of this area will no longer be required after approval from FDEP. Habitat cap area success metrics are provided in Table 4-1, which includes success criteria and monitoring frequency for red mangroves, black mangroves, and oyster areas.

Table 4-1. Habitat cap success metrics.

Habitat Cap Areas Success Criteria Monitoring Frequency

Black and Red Mangroves

• Minimum of 33% cover of planted mangrove area or natural recruitment of mangrove species within the habitat cap planting areas

• Less than 5% exotic, non-native species presence

• Wildlife usage noted within habitat

• Year 1: Quarterly monitoring inspections

• Years 2 – 5: Semi-annual monitoring inspections

Oyster Areas

• Minimum average density of ≥10 adult oysters (≥40mm) per square meter within the restored reef areas within the oyster habitat planted

• Presence of wildlife observed within restoration area is documented

• Year 1: One month post deployment, then quarterly monitoring inspections

• Years 2 – 5: Semi-annual monitoring inspections

Annual SAV percent cover survey will be collected along transects for each habitat cap. SAV monitoring methods and frequency are presented in Table 4-2. The objective of the SAV monitoring effort is to measure natural recruitment of SAV within the two habitat caps. An example of a SAV field collection datasheet is provided in Appendix A.

Table 4-2. Proposed Method and Frequency for Monitoring SAV Presence and Percent Cover in the Habitat Caps.

Presence or Absence in the Habitat Caps

Monitoring Method Monitoring Frequency Transects

• Percent cover (Density)

• Percent occurrence

Annual (during approved SAV Survey window)

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5 MONITORING FREQUENCY AND REPORTING

An aggressive maintenance and monitoring plan is proposed for the first year.

• Time Zero o The two habitat cap areas will be inspected prior to planting and 90 days post habitat cap placement

• During Year 1 o Inspections will be conducted one month post deployment to document any potential post deployment shock of restored mangroves and oysters.

o Quarterly inspections will be conducted to monitor the natural recruitment of desirable estuarine species within the two habitat cap areas o Quarterly inspections will be conducted to monitor the success of the mangrove plantings and oyster growth and survivability o Quarterly removal of any exotic/non-native species from within the habitat cap areas o Annual SAV transects for the two habitat cap areas

• During Years 2 – 5 o Semi-annual inspections will be conducted to monitor the natural recruitment of desirable species within the two habitat cap areas o Semi-annual monitoring of the mangrove plantings and oyster placement to determine oyster growth and mangrove survivability o Semi-annual removal of any exotic/nonnative species from within the habitat cap areas o Annual SAV transects for the two habitat cap areas

Monitoring Reports will contain the following information:

1. Dates and times to each of the monitoring events (including weather conditions and water visibility)

2. Location Map of the two habitat cap areas with transect locations including Global Positioning

System (GPS) coordinates

3. Existing habitat cap conditions

a. Habitat cap discussion based upon the site inspection

b. Desirable species presence with percent cover

i. Red and black mangroves

ii. Presence/Absence of any SAV

c. Oyster habitats

i. Average live oyster density

d. Any natural recruitment of submerged or emergent vegetation within the habitat caps

e. Percent cover of non-native/exotic species

f. Fishery and wildlife usage within the two habitat cap areas

4. Color photographs of the habitat caps

5. Identify any concerns associated with the habitat cap areas

6. Any activity that has taken place since the last monitoring report

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In addition to the regularly scheduled quarterly and semi-annual ecological inspections, post-storm inspections of the two Habitat Cap areas will also be conducted if named storm events (Tropical Storm or Hurricane as determined by the National Weather Service) produces tropical storm force winds (39 mph or greater) within the boundary of Brevard County. Post-storm site inspections will be conducted when it is safe to return to the project site and within 45 days of the named storm landfall in Brevard County.

The post-storm inspections will be brief and qualitative, focusing on the condition of oyster modules and planted material. Specifically, the inspections will document whether:

• The oyster modules were impacted (destroyed or displaced) by the named storm event

• The planted mangroves were affected by the named storm event

Following each post-storm inspection, a brief memorandum will be prepared for submittal to the FDEP.

Each memorandum will contain the following information:

1. A brief summary of the named storm (e.g., landfall date, intensity, etc.)

2. The date and time of the inspection

3. A brief discussion of site conditions, including:

a. Condition of oyster modules

b. Condition of planted mangrove species

4. Color photographs

5. Recommendations for repairs or other remedial measures (if any) that are required as a result of the named storm event, or a statement confirming that no further action is required.

The memorandum will be submitted within 90 days after the named storm’s landfall in Brevard County.

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6 MONITORING DELIVERABLES

All monitoring summary memorandums will be provided on an annual basis.

• Time Zero: A summary memo of the two habitat cap areas will be provided within 90 days of habitat cap placement

• Year 1: A summary monitoring memo will be provided within 90 days post completion of the first year of monitoring (including all quarterly data)

• Year 2 – 5: A summary monitoring memo will be provided within 90 days post completion of Years 2-5 of monitoring (including all semi-annual data)

If the monitoring summary memo reflects that either one or both habitat cap areas are successful in providing natural habitat and species usage, then the habitat cap restoration will be deemed successful, and a request will be transmitted to release the habitat cap from future monitoring requirements.

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7 ADAPTIVE MANAGEMENT PLAN

If unforeseen changes occur to the site conditions, the City of Cocoa Beach will investigate and review options to ensure that the habitat cap restoration areas thrive and are successful. Adaptive management may include replanting the area(s), including with species other than those identified in the planting plan. If oyster recruitment fails to meet success criteria, subsequent data collected during monitoring visits will be reviewed to evaluate other ecosystem services the restoration area may provide. This may include the presence of indicators that other estuarine species (fish, birds, invertebrates, etc.) are utilizing and benefiting from the restoration area or indicators that the structures are providing wave attenuation benefits to the adjacent shoreline and surrounding habitat enhancement area.

For years, the Brevard Zoo has been successful in placing oyster habitat in the IRL. This project will mimic the technologies utilized by the Brevard Zoo and by Brevard County, Natural Resource Management for the installation and creation of oyster habitat (Hansen, 2021). Only natural materials will be placed within the Habitat Cap Areas within the BRL. If the oyster habitat is not successful, please be reassured that these natural materials will not adversely affect the water quality or cause contamination within the BRL. If the oyster habitat fails to be successful in recruiting oysters, it is acknowledged that the habitat cap itself may be successful because the area provides habitat creation for estuarine species including fish species, birds and invertebrates.

Adaptive management may also include additional coordination with Brevard Zoo, SOIRL, and regulatory agency(ies) to ensure project success.

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8 REFERENCES

Anderson, L., Sacks, P., Donnelly, M., Barker, V., Anderson, A., Walters, L. (2019) Oyster reef enhancement utilizing gardened oysters in a subtropical estuary. Restoration Ecology 6(2): 108-116.

Beck, M.W., R.D. Brumbaugh, L. Airoldi, A. Carranza, L.D. Coen, C. Crawford, O. Defeo, G.J. Edgar, B. Hancock, M.C. Kay, H.S. Lenihan, M.W. Luckenbach, C.L. Toropova, G. Zhang, and X. 39 Guo. (2011) Oyster Reefs at risk and recommendations for conservation, restoration, and management. BioScience 61(2):

107-116.

Cassidy, C and Tomiczek, T. (2021) Exploring the Effects of Density and Configuration on Wave attenuation through Mangrove Living Shorelines. Oceans 2021: 1-7.

Fox, A. L. (2023). The Efficacy of Subaqueous Samnd Capping to Rudce Inputs if Nitrogen and Phosphorus to the Indian River Lagoon. Florida Institute of Technology.

Hansen, J., Brevard County Natural Resource Management (2021) Brevard County Oyster Habitat Suitability and Rehabilitation Success Plan.

Manis, J.E., Garvis, S.K., Jachec, S.M., Walters, L.J. (2014) Wave attenuation experiments over living shorelines over time: a wave tank study to assess recreational boating pressures. Journal of Coastal Conservation 18(5).

Mikkelson, P.M., Mikkelson, P.S., Karlen, D.J. (1995) Molluscan Biodiversity in the Indian River Lagoon, Florida.

Bulletin of Marine Science 57(1): 94-127.

Morris, L. J., Hall, L. M., Jacoby, C. A., Chamberlain, R. H., Hanisak, M. D., Miller, J. D., & Virnstein, R. W. (2022, January 17). Seagrass in a Changing Estuary, the Indian River Lagoon, Florida, United States. Frontiers in Marine Science, 8. doi:10.3389/fmars.2021.789818

Tetra Tech. (2024). 2024 Save Our Indian River Lagoon Project Plan Update. Brevard County, FL.

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APPENDICES

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APPENDIX A. SAV FIELD COLLECTION DATASHEET

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