In 2004, Hurricanes Frances and Jeanne chewed away at the Pleistocene sand dunes that form the western shoreline of the Indian River Lagoon (IRL), in St. Lucie County, Florida. Indian River Drive runs over those dunes, parts of which failed. A number of waterfront residents, local anglers and river advocates suggested restoring the dunes with compatible sand and replanting them with native vegetation. But $30 million in emergency funds proved an irresistible carrot, and a project proceeded that included the removal of nearly thirteen miles of shoreline forest. Then, contractors hired by the Federal Highway Administration packed over 750,000 yards of dirt into the dune. Finally, bricks of articulated concrete were placed atop the fill, without any anchor.

As experts and just about everyone that regularly fishes the area attest, much of the dirt has fallen into the lagoon, hampering water quality and clarity. The beaches beneath and adjacent to the armoring are eroding, as beaches almost always do in response to the scouring that wave action on hardened shorelines almost always causes. And, scientists think that the turbidity caused by the incompatible fill has “synergized negatively” with other sources of pollution, including local stormwater discharges and the massive discharges from Lake Okeechobee. Seagrass in the area took a beating, and while they appear to be returning, much of the new growth isn’t grass, but various algae.

The Indian Riverkeeper took a variety of legal actions, including filing an injunction to stop the project. When that action did not succeed, the Riverkeeper filed against the Federal Highway Administration in federal court, claiming that the Administration did not conduct an Environmental Assessment (EA) and thus failed to comply with the National Environmental Policy Act (NEPA). This week, Indian Riverkeeper Kevin Stinnette and Everglades Law Center attorney Robert Hartsell announced that a settlement agreement has been reached.

“It was understood for the last year that the Federal Highway Authority wanted to do the right thing, we put a lot of time into hammering out the details, and I believe what we have agreed to is one of the most unprecedented comprehensive studies of the Indian River Lagoon ever.”

According to a press release released by the Indian Riverkeeper on June 5, the settlement agreement requires the Highway Administration to fund a $400,000 comprehensive study of the project. The $400,000 study will determine what environmental impacts may occur or may have occurred as a result of the armoring of the Indian River Drive shoreline. It will include an analysis of the impacts of wave action, nutrient loading, environmental impacts of the shoreline armoring with respect to algae blooms; a comparative analysis of nitrogen and phosphate oxidation on beach and articulated concrete shorelines; an assessment of nutrient loading from the loss of old growth native species; and an assessment of impacts to sea grass beds. The study will also result in a determination as to whether or not the shoreline armoring is failing; an analysis of the environmental safeguards and construction methods, specifically the use of concrete armoring, shoulder reconstruction, and the introduction of offsite soils on the environment and if so, recommend actions, solutions, alternative and options for restoration of native habitat shoreline stabilization eliminated by the armoring project.

“This study will go back and really give us big insights and teach us for future projects,” Jim Egan, Executive Director of the Marine Resources Council told the Stuart News.