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: B & J Martin, Inc.
c/o Beau Martin
18104 West Main Street
Galliano, Louisiana 70345
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is offshore of the Fort Lauderdale Beach Broward County, Florida 33304.
Directions to the site are as follows: The site is approximately 1.3 miles off the Fort Lauderdale beach in proximity of Birch State Park located in the City of Fort Lauderdale, Broward County, Florida. The entrance to Birch State Park is located at 3109 East Sunrise Boulevard, Fort Lauderdale, Florida 33304. The park runs from Sunrise Boulevard north to Northeast 19th Street, a distance of approximately 1 mile.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.137538°
Longitude: -80.082954°
PROJECT PURPOSE:
Basic: The basic project purpose is marine habitat restoration.
Overall: The overall project purpose is marine habitat restoration within the Atlantic Ocean outside of Fort Lauderdale, Florida.
EXISTING CONDITIONS: During the 1970’s, in an attempt to create an artificial habitat for corals and fishes, roughly 2 million tires were placed in the Atlantic Ocean onto sand bottom, about 1.3 miles off of the beach of Ft. Lauderdale, Florida. Only about 5% of the tires were observed to successfully contain viable corals growing on them. Not only did the tire field fail as an artificial reef habitat, but the tires are hazardous and destructive during periods of increased wave action.
PROPOSED WORK: The applicant seeks authorization to remove the tires via trawling using a fleet of three 110 foot steel hull vessels, each with two 60 foot-wide trawl nets with mesh opening 4-inches in diameter. While all three vessels are to be utilized, only one will be conducting trawling at a time through a continuous rotation. Trawl durations are anticipated to 5 minutes each (but no longer than 30 minutes) until the vessel reaches full capacity, where the next will start trawl operations while the other travels to Port Everglades to offload. The tires will be ultimately be transported to a waste tire processing/recycling facility. Work is anticipated for the next three years, being suspended from June 1 through November 30 due to the potential of hurricanes.
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:
- Only one vessel at a time will trawl and for approximate 5 minute durations (but no longer than 30 minutes) to reduce both excessive turbidity and harm to endangered species and other marine life.
- 4-inch mesh trawl nets are used for small marine life to escape.
- Nets will not drag along substrate.
- Work will only be conducted during daylight hours and outside of hurricane season.
- Trawl operations will maintain at least a 50 foot buffer from the sensitive areas, including the perimeter edges, submerged barges and habitat modules.
- Any turtles, fish, and other accidental by-catch will be returned to the water immediately.
- Standard Manatee Conditions for In-Water Work Will be utilized.
- Sea Turtle and Smalltooth Sawfish Construction conditions will be utilized.
- Vessels will remain 500 yards or more from North Atlantic Right Whales, if present.
- Applicant has provided a proposed coral relocation plan for any federally listed and non-listed corals that are found on salvaged tires.
CULTURAL RESOURCES: The Corps has determined the activity is of such limited scope, due to lack of ground disturbance work, that there is little likelihood of impact upon a historic property. In addition, an RAR report was generated using Google Earth on 09 May 2017, which indicate any presence of Historic Properties. Therefore, the proposed project would have "No Potential to Cause Effect." 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 Preservations Officer and, if applicable, 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 West Indian Manatee (Trichechus manatus), The Corps has received programmatic concurrence from the U.S. Fish and Wildlife for this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect, but is not likely to adversely affect the North Atlantic Whale (Eubalaena glacialis), Elkhorn Coral (Acropora palmata), Staghorn Coral (Acropora cervicornis), Pillar coral (Dendrogyra cylindrus), Lobed Star coral (Orbicella annularis), Mountainous Star Coral (Orbicella faveolata), Boulder Star Coral (Orbicella franksi), Rough Cactus Coral (Mycetophyllia ferox), Smalltooth sawfish (Pristis pectinate) and swimming green, hawksbill, Kemp’s Ridley, leatherback, and loggerhead sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta). The project will not adversely modify any species’ designated critical habitat. 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.
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 34 acres of sand bottom/tire reefs utilized by various life stages of non-listed corals, penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex associated with mud, shell, sand and rock substrate and water column EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Ocean. 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 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, Christian Karvounis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Christian.Karvounis@usace.army.mil; or, by telephone at (561)-472-3516.
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.