SAJ-2021-01854 (SP-SWA)

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:                     Alex Fogg, Coastal Resource Manager

                                          Okaloosa County

                                          1250 North Eglin Parkway, Suite 100

                                         Shalimar, Florida 32579

WATERWAY AND LOCATION:   The project sites would be located in the Gulf of Mexico, south of Okaloosa County, Florida.  The center point of Fish Haven #20 is approximately 1.74 nautical miles south of Okaloosa Island and approximately 6.65 nautical miles southwest of Destin Pass.  The center point of Fish Haven #21 is approximately 8.14 nautical miles due south of Destin Pass and approximately 1.54 nautical miles south of the East-West Safety Fairway.  The center point of Fish Haven #22 is approximately 2.20 nautical miles south of Okaloosa Island and approximately 4.27 nautical miles southeast of Destin Pass.

APPROXIMATE COORDINATES:

PROJECT PURPOSE:

Basic:  Artificial Reef

Overall:  Establish three offshore artificial reef sites in the Gulf of Mexico to provide reef habitat, recreational fishing, and diving opportunities.

EXISTING CONDITIONS:  The habitat within the proposed artificial reef sites contains medium to coarse grained sands, with a surficial layer of microalgae/cyanobacteria. There are no natural rock outcrops, hard bottom formations or submerged aquatic vegetation (SAV’s) located within the reef deployment areas.  Water depths range from -60 feet to -66 feet at mean lower low water (MLLW) within Fish Haven #20, from -72 to -96 at MLLW within Fish Haven #21 and from -69 to -75 at MLLW within Fish Haven #22.

PROPOSED WORK:  The applicant proposes to establish three (3) artificial reef sites, referred to as Fish Haven #20, Fish Haven #21, and Fish Haven #22, in the Gulf of Mexico offshore of Okaloosa County, Florida.  Each deployment site would measure approximately one (1) square nautical mile and would provide enhanced habitat and recreational fishing and diving opportunities upon implementation of the project.  Additionally, there would be a deployment buffer of 250 feet on each internal side to ensure deployed material remains within the permitted area.  Material to be deployed would consist of clean concrete or rock, heavy gauge steel products (¼-inch thickness or greater), and prefabricated structures that are a mixture of clean concrete and heavy gauge steel.  The material to be deployed would have a maximum profile height of no more than half the distance from the seafloor to the water surface at MLLW.  Prior to each deployment, the applicant would complete and submit the “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form to the Corps and the Florida Fish and Wildlife Conservation Commission (FFWCC).  Following each deployment, the applicant would complete and submit the “Florida Artificial Reef Materials Placement Report and Post- Deployment Notification” form to the Corps and the FFWCC.  Additionally, the applicant proposes to conduct yearly monitoring within each of the Fish Havens.  Specifically, within 12 months of the effective date of the permit (if issued), and every 12 months thereafter for the duration of the permit, the applicant would submit a report summarizing deployments and issues associated with the reef in the preceding 12 months to both the Corps and FFWCC.  The report would document any known changes in material condition (stability, durability, and location) as compared to those same characteristics at the time of deployment.  The report may include, but is not limited to, use trends, site management constraints and resolutions, management techniques, modifications of operations, plans, and lessons learned. The report would also include results of any performance monitoring (description of fish and other biota observed).  The applicant is requesting a permit duration of 10 years.

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 selected sites are devoid of submerged aquatic vegetation (SAV) and there are no natural rock outcrops or hard bottom formations.

COMPENSATORY MITIGATION:  The applicant has provided the following explanation why compensatory mitigation should not be required:

Impacts to special aquatic sites are not proposed.

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 Corps has determined the proposed project may affect, but is not likely to adversely affect swimming sea turtles, including green turtle (Chelonia mydas), hawksbill (Eretmochelys imbricate), Kemp’s ridley turtle (Lepidochelys kempii), leatherback turtle (Dermochelys coriacea), loggerhead turtle (Caretta caretta) and the endangered West Indian manatee (Trichechus manatus), threatened Gulf Sturgeon (Acipenser oxyrinchus desotoi), and endangered smalltooth sawfish (Pristis pectinata).  The Corps will request U.S. Fish and Wildlife and the National Marine Fisheries Service concurrence with this determination 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 marine bottom utilized by various life stages of species within the following Fisheries Managements Plans (Shrimp, Reef Fish, Stone Crab and Coastal Migratory Pelagics).  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 Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502 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, Steve Andrews Jr., in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502; by electronic mail at stephen.w.andrews@usace.army.mil; by facsimile transmission at 850-433-8160; or, by telephone at 850-439-0707. 

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.