Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2016-00590(SP-LDD)

Published Aug. 3, 2017
Expiration date: 8/24/2017
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: Manatee County
Parks and Natural Resources
5502 33rd Avenue Drive West
Bradenton, Florida 34209

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico. The project site is located approximately 7.9 nautical miles from Longboat Pass at a heading of 315 degrees. The site is located approximately 4.7 nautical miles west of Anna Maria Island, Manatee County, Florida. The site is located at the following coordinates:

APPROXIMATE COORDINATES:

NW Corner: Lat: 27.516892° Long: -82.818937°
SW Corner: Lat: 27.513514° Long: -82.818897°
NE Corner: Lat: 27.516925° Long: -82.815327°
SE Corner: Lat: 27.513555° Long: -82.815327°
Center Point: Lat: 27.5154° Long: -82.8171°

Directions to the site are as follows: From Longboat Pass, proceed approximately 7.9 nautical miles into the Gulf of Mexico at a heading of 315 degrees.

DEPTH AND PROFILE CLEARANCE: Materials would be placed in 34 to 36 feet of water at Mean Lower Low Water (MLLW) in an area of sand bottom. Materials would be placed with a planned relief of 12 to 15 feet providing a minimum of 20 feet of vertical navigational clearance.

PROJECT PURPOSE:
Basic: Construction of an artificial reef
Overall: Construction of a new artificial reef in the Gulf of Mexico off Manatee County, Florida for public fishing and diving purposes.

EXISTING CONDITIONS: The site is located within the saltwater system of the Gulf of Mexico. A survey of the site with sidescan sonar and underwater video revealed the site consists of flat small grain, silty sand bottom. No submerged grassbed communities, shellfish or other hardbottom communities, or corals were observed. Depth to hardpan at surveyed locations was 14 to 19 inches.

PROPOSED WORK: The applicant proposes to establish an artificial reef in the Gulf of Mexico. The reef would provide fishing and diving opportunities for the public. The project area would be approximately 40 acres within a square ¼ X ¼ mile along each side.

Material to be deployed would consist of limestone boulders, clean concrete culvert, light poles and bridge materials of opportunity, and specially designed and prefabricated artificial reef modules. Materials to be deployed would be large with no single piece of deployed material weighing less than one ton. All deployed materials would be free from creosote, petroleum, hydrocarbons, toxic residues, loose free floating materials or other deleterious substances. Placement of the materials would be conducted via barge based deployment. Materials would be loaded on to a barge from a land-based staging area then transported to the permitted site. Anchoring of the barge during deployment would consist of a multi-point anchoring system to ensure the barge is steady and stationary prior to any placement of materials. This would ensure that the materials would be placed within the desired area. Prior to deployment, buoys would be placed around the reef site to ensure that all materials are deployed within the permitted reef boundary. Best Management Practices would be utilized during placement of materials. Future deployments of artificial reef materials are planned within the footprint of the reef site. No dredging is proposed with this project.

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: The project does not propose any impacts to wetlands. The project would not result in a loss of waters. Best management Practices would be utilized during material placement.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The initial selection of the project site was based upon factors that demonstrate a minimum environmental impact, including absence of exposed hard bottom, absence of flora and fauna species associated with hard bottom, good water quality characteristics, space for material placement, and proximity and accessibility for boaters. An assessment of these details indicates that the development of the project site has a positive net value to the environment with no negative impacts on vegetation, threatened or endangered species, wildlife, water quality or cultural resources. The reef would enhance habitat by providing structure and interstitial space on a bare sand substrate and is designed to avoid adverse effects to the conservation of fish and wildlife and their habitats. This project is intended to increase habitat for finfish and benthic organisms at a site which is currently devoid of such habitat; therefore, they do not anticipate that any compensatory mitigation would be necessary.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The project site is located within waters inhabited by the endangered West Indian (Florida) Manatee (Trichechus manatus). The applicant agrees to adhere to the “Standard Manatee Conditions for In-Water Work -2011”. The U.S. Army Corps of Engineers (Corps) has completed an evaluation of the impacts the work may have on the manatee or its designated critical habitat. Based on completion of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, (the Key), the Corps determined this project “may affect, not likely to adversely affect” the West Indian (Florida) manatee or its designated critical habitat. Completion of the Key resulted in the following sequential determination A > B > C > G > N > O > P > “may affect, not likely to adversely affect”. Due to the programmatic concurrence obtained from USFWS on the Key, no further consultation with USFWS was required on this individual project.

The project site is located in waters that are possibly utilized by the smalltooth sawfish (Pristis pectinata) and several species of swimming sea turtles, including the Loggerhead (Caretta caretta), Green (Chelonia mydas), Leatherback (Dermochelys coriacea), Hawksbill (Eretmochelys imbricata), and Kemp's Ridley (Lepidochelys kempit). The Corps completed an evaluation of the impacts the work may have on the smalltooth sawfish and swimming sea turtles. The applicant agrees to adhere to the "Sea Turtle and Smalltooth Sawfish Construction Conditions". The Corps determined that the proposed project "may affect, but is not likely to adversely affect" the smalltooth sawfish and swimming sea turtles or their designated critical habitat. The Corps will request concurrence with this determination from the National Marine Fisheries Service (NMFS) Protected Resources Division (PRD) pursuant to Section 7 of the Endangered Species Act, as amended, via separate letter.

ESSENTIAL FISH HABITAT (EFH): The proposed project would not impact any EFH utilized by various life stages of penaeid shrimp complex, red drum, reef fish, stone crab, spiny lobster, migratory and pelagic fish, snapper and grouper complex, and calico scallop. This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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.

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.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida, 33610-8302, within 21 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, Ms. Darlene Dannels, in writing at the Tampa Permits Section, 10117 Princess Palm
Avenue, Suite 120, Tampa, Florida, 33610-8302, by electronic mail at darlene.dannels@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7068.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

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.

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 requesting the public hearing.