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 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT:
Ian Enochs c/o NOAA AOML
4301 Rickenbacker Causeway
Miami, FL 33149
WATERWAY AND LOCATION: The project site is located within state waters of the Florida Keys National Marine Sanctuary (FKNMS), approximately three miles south-southwest of Windley Key and one mile directly off Upper Matecumbe. The project site is located at Cheeca Rocks reef, which is shown on NOAA chart #11451.
Directions to the site are as follows: The project site is only accessible via boat.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.8977 °
Longitude -80.6182 °
PROJECT PURPOSE:
Basic: The basic project purpose is to perform scientific monitoring.
Overall: The overall purpose is to perform scientific monitoring within FKNMS, approximately three miles south-southwest of Windley Key and one mile directly off Upper Matecumbe, Monroe County, Florida.
EXISTING CONDITIONS: The project site is located within open waters of the Florida Keys National Marine Sanctuary (FKNMS), approximately three miles south-southwest of Windley Key and one mile directly off Upper Matecumbe. The project site is located at Cheeca Rocks reef, which is shown on NOAA chart #11451. The project site is only accessible via boat. No corals, mangroves or seagrass were identified within the project area.
PROPOSED WORK: The NOAA Coral Reef Conservation Program goals is to research climate change and ocean acidification on U.S. coral reef ecosystems. The applicant seeks authorization for a 10-year permit to deploy a MapCO2 Buoy attached with a bimoring system for long term monitoring. Buoy is 1000lbs floats at surface and the mooring system is 2 pins on the seafloor that take up 2 square feet of space. Subsurface temperature recorders will be installed on a 3ft rebar stake. SeaFet instrumentation (2ft by 5in) to measure pH is installed by 3-foot rebar and cinder block placed on the seafloor. A tiltmeter is 2 ft by 2-inch cylinder attached to a non-permanent weight and placed on the seafloor. EcoPAR instrument (12 in by 3 in) to detect light installed on 3 ft rebar. All items will be placed by hand. They will visit these locations 5-10 times a year for maintenance and following storm events that may have moved or dislodged the structure to ensure that equipment and anchors are still in place and have not moved to areas containing ESA-listed corals. All structures shall be removed at the end of the project and the site shall be restore to pre-construction conditions.
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: Due to the nature of the work, the applicant could not avoid conducting the proposed work within waters of the United States. The deployment of the scientific equipment structures is proposed on areas of sandy bottom only, areas that do not support hard bottom, corals or seagrass. The project has been designed in a manner not to result on the aggregation of material or discharge of any fill material that would alter the sea-bottom. No materials will be dredged or discharged as a result of the proposed work.
The applicant has included the following best management practices on their proposal:
“Environmental controls, Sea Turtle and Smalltooth Sawfish Construction Conditions, and Standard Manatee Conditions for In-Water Work - 2011. All construction activities will be completed during daylight hours in good weather and sea conditions and use clean material through approved installation methodology. Maintenance and inspection of these structures will be continuous throughout the year and removal of these structures will occur when necessary. In circumstances of marine debris removal, they will lift the material straight up and not drag debris through any seagrass beds, coral reefs, coral, or hard bottom habitats and continue to communicate our work plans with the Army Corps of Engineers and the Florida Keys National Marine Sanctuary.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: No impacts to submerged aquatic vegetation are proposed or anticipated therefore no compensatory mitigation shall be required.
CULTURAL RESOURCES:
The Corps 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:
West Indian (Florida) manatee (Trichechus manatus): The U.S. Army Corps of
Engineers (Corps) has determined the project may affect but is not likely to adversely affect (“MANLAA”) the West Indian manatee or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated 25 April 2013. Use of the Manatee Key resulted in the
following sequential determination: A > B > C > G >H> I > N >O>P5 “MANLAA.” This determination is partially based on the applicant following the standard manatee construction precautions for the proposed activity. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
The Corps has determined the proposed project may affect but is not likely to adversely affect (“MANLAA”) the Swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), Nassau grouper (Epinephelus striatus), Giant Manta ray (Manta birostris), smalltooth sawfish (Pristis pectinata), Oceanic Whitetip shark (Carcharhinus longimanus), Blue whale (Balaenoptera musculus), humpback whale (Megaptera novaeangliae), fin whale (Balaenoptera physalus), sei whale (Balaenoptera borealis), right whale (Eubalaena glacialis), sperm whale (Physeter macrocephalus), Acropora sp. and its designated critical habitat, and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox) species. A no effect determination was reached on smalltooth sawfish critical habitat. The Corps will request National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH) This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.The proposal would impact approximately 2 square feet of sandy bottom habitat utilized by various life stages of penaeid shrimp complex, spiny lobster, coastal migratory/pelagic fish, red drum, snapper/grouper, and coral and coral reef fishery. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Florida Keys. 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.
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 to the attention of the District Engineer through the Florida Keys Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida, 33176 within 30 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, Maena.C. Angelotti, in writing at the Florida Keys Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida, 33176; by electronic mail at Maena.C. Angelotti@usace.army.mil (preferred) or by telephone at 786-417-5339.
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.
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 may be required from the Florida Department of Environmental Protection (FDEP).
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.