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SAJ-2017-03333(SP-RHF)

Published Jan. 8, 2018
Expiration date: 2/5/2018

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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

 

APPLICANT:  South Florida Association of Environmental Professionals

                       Attn: John Abbott

                       2035 Vista Parkway

                       West Palm Beach, Florida 33411

 

WATERWAY AND LOCATION:  The project, referred to as the Duzaway Tire Reef Cleanup Project, would affect waters of the United States (U.S.) associated with a coral reef in the Atlantic Ocean approximately 1.54 miles east of the Hugh Taylor Birch State Park and 3.38 miles northeast of the Port Everglades entrance channel in Broward County, Florida. The project is adjacent to the Duzaway, an artificial reef comprised of a steel houseboat located at a depth of approximately 95 feet. The total project area is 9 hectares (22.4 acres).

 

Directions to the site are as follows:  Project site is located entirely under water and accessible via boat approximately 1.54 miles east of Hugh Taylor Birch State Park and 3.38 miles northeast of the Port Everglades entrance channel at the approximate coordinates listed in the table below:

 

APPROXIMATE COORDINATES:

 

Project Site Location

Latitude (°N)

Longitude (°W)

Northwest Corner

26.14361

-80.07904

Northeast Corner

26.14361

-80.07635

Southwest Corner

26.14119

-80.07904

Southeast Corner

26.14119

-80.07635

Duzaway Boat (center)

26.14240

-80.07725

 

 

PROJECT PURPOSE:

Basic: The basic project purpose is to restore marine habitat.

Overall:  The overall project purpose is for the restoration of marine habitat offshore of Broward County at the Dunzaway shipwreck site.

 

EXISTING CONDITIONS:  The project site consists of high profile natural coral reef and several tires that were dumped in the coral reef area.  The Duzaway, a 71-foot steel houseboat that was intentionally sunk as an artificial reef on May 27, 1974, is located at the center of the project site.

 

PROPOSED WORK:  The applicant proposes to manually remove tires by scuba divers within the 9 hectare project area. Removed tires containing Endangered Species Act (ESA) listed coral species will not be disturbed. Non-ESA listed corals will be removed from tires and moved to an approved onshore coral nursery, operated by qualified marine biologists, for research, propagation, and providing nursery-grown coral colonies for students of the University of Florida. The removed tires will be transported to shore for proper upland disposal.

 

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: All tires will be removed manually by divers. Non-ESA listed corals will be rescued from tires containing them in accordance with Florida Fish and Wildlife Conservation Commission (FFWCC) Special Activities License (SAL) 17-1874B-SCRP, before raising the tires from the bottom. Submerged tires containing ESA listed corals will not be disturbed. The submerged tires will be carefully raised to the surface by scuba divers using small lift bags, avoiding contact with adjacent natural reef resources and minimizing turbidity to the maximum extent practicable. The vessels used to transport the tires will be small private boats less than 30-feet in length which will be anchored using standard boat anchors. Additionally, the vessels will utilize GPS and sonar to ensure anchoring takes place in areas of sand as to not impact the natural reef.

 

COMPENSATORY MITIGATION – The applicant has stated:  Physical damage to surrounding natural reef resources will be avoided by using divers to remove the tires by hand using small 50-100 pound lift bags; no heavy mechanical equipment will be used on the reef.  Similarly, turbidity will be minimized by lifting the tires by hand.  No compensatory mitigation is needed; the project is an environmental restoration project; removal of the tires will be beneficial to the reef.

 

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, if applicable those federally recognized tribes with concerns in Florida and the Permit Area.

 

ENDANGERED SPECIES (ESA): The Corps has taken into consideration the effects on swimming sea turtles, smalltooth sawfish, right whale, listed coral species and their designated critical habitats. The Corps has determined that the project will have no effect on listed coral species and may affect but is not likely to adversely affect the remaining above listed species. The Corps has also determined that the project would have no effect on any species’ designated critical habitat under National Marine Fisheries Services purview pursuant to Section 7 of the Endangered Species Act.  The Corps will request initiation of informal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. The U.S. Fish and Wildlife Service’s has given programmatic concurrence with this determination pursuant to Section 7 of the Endangered Species Act and no further consultation is required.

 

ESSENTIAL FISH HABITAT (EFH):  This notice initiates consultation with the National Marine Fisheries Service (NMFS) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.  The proposed project would impact approximately 9 hectare (22.4 acre) of the benthic substrate from removal of the tires.  The benthic substrate consists of unvegetated sand habitat utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. The applicant has indicated that any tires with ESA listed coral species will not be disturbed. Non-ESA listed corals will be rescued from tires containing them before raising the tires from the bottom, and moved to an approved onshore coral nursery. 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 Region.  Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.

 

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 Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 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, Trey Fraley, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at robert.h.fraley@usace.army.mil; or, by telephone at (561)472-3526. 

 

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.