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: Martin County Board of County Commissioners
Attn: Kathy Fitzpatrick
2401 SE Monterey Road
Stuart, Florida 34996
WATERWAY AND LOCATION: The project is located in the Atlantic Ocean, offshore of Martin County within a four nautical mile area, located approximately three to six nautical miles offshore of Jupiter Island between the St. Lucie Inlet and the Jupiter Inlet, Florida.
Latitude and Longitude:
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Location
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Latitude (North)
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Longitude (West)
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NE Corner
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27.1072˚
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80.0075˚
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SE Corner
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27.0736˚
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80.0075˚
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SW Corner
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27.0744˚
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80.0444˚
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NW Corner
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27.1080˚
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80.0444˚
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Directions to the site are as follows: This site is only accessible by boat offshore of the shoreline of Martin County in the Atlantic Ocean at the above latitude and longitudes.
PROJECT PURPOSE:
Basic: The basic project purpose is to reauthorize artificial reef placements.
Overall: The overall project purpose is to reauthorize artificial reef placements offshore of Palm Beach and Martin County, Florida.
EXISTING CONDITIONS: The site is composed of firm sandy bottom with high-density substrate that will support artificial reef materials. Reef material placement has previously occurred at the site in depth of approximately 68 feet, however, water depths within the exiting deployment area range from 55 to 120 feet Mean Low Water. The description of the benthic habitat is predominately unconsolidated sand substrate separated by bands of hardbottom and coral benthic habitats.
PROJECT HISTORY: The Corps issued a Department of Army authorization on May 22, 2007. On 16 December 2009, the Corps issued a modification to exclude monitoring of reefs in depths greater than 100 feet and instead only conduct fathometer surveys to document the locations. The modification must be completed in accordance with the additional special condition #21 and the revised special condition #16 which will replace special condition #16 of the original permit. The permit was re-authorized on May 2, 2012, and expires on January 7, 2018.
PROPOSED WORK: The applicant proposes to modify the existing authorization to extend the expiration date for an additional 5 years. The project proposes the continued deposition of suitable artificial reef material at one site within 55 to 120 feet of water and maintain a minimum clearance of 35-feet from the top of the reef profile relative to Mean Lower Low Water.
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 deployment of artificial reef material will only be over sandy, unconsolidated benthic habitat and avoid all coral, hardbottom and other benthic aquatic vegetation. All work will take place during daylight hours. A 200-foot buffer will be maintained between the deployments and adjacent resources. All work will take place during daylight hours.
COMPENSATORY MITIGATION: The applicant has provided the following explanation as to why compensatory mitigation should be required: No impacts to submerged aquatic vegetation are proposed or anticipated therefore no compensatory mitigation shall be required.
CULTURAL RESOURCES: The U.S. Army Corps of Engineers (Corps) is not aware of any known historic properties within the permit area. The existing permit required coordination with the State Historic Preservation Officer (SHPO), that resulted in the permit being conditioned to include a magnetometer or side-scanner to be used to identify any submerged unidentified cultural resource prior to placement of any material; and that all reef material shall be place a minimum of 50 linear feet from any submerged identified cultural resources. 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 SHPO and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered West Indian manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. The U.S. Fish and Wildlife Service’s has given concurrence with this determination pursuant to Section 7 of the Endangered Species Act and no further consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered and threatened swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta), the endangered smalltooth sawfish (Pristis pectinata) and the swimming sea turtle, Loggerhead designated constricted migratory critical habitat. The Corps will request National Marine Fisheries Service's concurrence with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter.
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 only impact of unvegetated mud, sand, shell and rock habitat utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Division. 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 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 Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, 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 aquatic resources. 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. Linda C. Knoeck, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Linda.C.Knoeck@usace.army.mil, by fax at (561)626-6971, or by telephone at (561)472-3530.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Service, 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.
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 and 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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.
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.