SAJ-2021-01815(SP-PRC)

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:

WATERWAY AND LOCATION:  The project site is located at in the Atlantic Ocean, in four locations, approximately 400 to 800 linear feet offshore of Hollywood North Beach Park, Harry Berry Park, and Keating Park in the City of Hollywood, Broward County, near FDEP monuments: R-104, R-106, R-118 and R-120.

Latitude and Longitude:

Site 1 (Hollywood North Beach Park)

Site 2 (Hollywood North Beach Park)

Site 3 (Harry Berry Park)

Site 4 (Keating Park)

Directions to Sites 1 and 2 are as follows:  Exit I-95 at Exit 21 (Sheridan Street) and go east. Go Straight at the intersection of Sheridan Street and North Ocean Drive (A1A) into Hollywood North Beach Park.

Directions to Site 3 are as follows: Exit I-95 at Exit 21 (Sheridan Street) and go east. Turn south at the intersection of Sheridan Street and North Ocean Drive (A1A) and turn east on to Azalea Terrace and into Harry Berry Park.

Directions to Site 4 are as follows: Exit I-95 at Exit 21 (Sheridan Street) and go east. Turn south at the intersection of Sheridan Street and North Ocean Drive (A1A) and turn east on to Magnolia Terrance and into Keating Park.

PROJECT PURPOSE:

Basic:  The basic project purpose is the deployment of an artificial reef for recreational use.

Overall:  The overall project purpose is deployment of an artificial reef for recreational use within the nearshore tidal waters of the Atlantic Ocean offshore of Broward County, Florida.

EXISTING CONDITIONS:  The site is composed of firm sandy bottom with high-density substrate that will support artificial reef materials. Water depths within the deployment area range from -8 to -14 feet Mean Low Water (MLW). The description of the benthic habitat is unconsolidated sand substrate. Adjacent hardbottom resources are located over 900 feet from the shoreline in depths of approximately -8 to -20 feet. The hardbottom supports a mix of macroalgae and turf algae and supports various stony corals, octocorals and other benthic invertebrates. The shoreline is influenced by longshore and cross-shore waves and currents.

PROPOSED WORK:  The applicant has proposed to deploy artificial reef modules made of precast reinforced concrete with nominal dimensions of 6 feet by 8 feet and 6 feet tall, and each will weigh a minimum of 2 tons to ensure stability. Modules will be prefabricated on land and will contain artistic embellishments making each module different. Design elements will be made of concrete and will be firmly attached (anchored) to modules.  Modules will be placed in the nearshore, a minimum of 150 feet away from existing nearshore hardbottom or reef, approximately 400 to 800 feet offshore, in water depths ranging from approximately 8 to 14 feet, NAVD88.

Each reef module shall be placed in sufficient water depths to ensure the top of the reef module after installation is below elevation -2.0 foot MLW. If necessary, jetting may be used during deployment to meet the minimum water clearance above the modules. The depth of sand to base rock should be less than the overall height of the reef structure.

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: reef modules will be installed over stable substrate in areas with sand depths of six feet or less to ensure that subsidence of the modules does not result in permanent burial. Each proposed module will cover an approximate area of 48 square feet.

The spacing of the reef modules and their placement in a relatively north-to-south configuration will allow for the natural transport of sand and is not expected to cause shoaling or erosion of adjacent shorelines.  Modules will be spaced with a minimum 25 ft gap between modules to meet recent NMFS recommendations.  The outside boundaries of the reef area will be delineated by floating buoys.

Reef construction will follow best management practices similar to the those used in other artificial reef projects. Artificial reef installation will occur by direct placement of each module using a crane from a secured barge. The barge will be secured using anchors or spuds that will be limited to open sandy areas through construction, imposing no impacts to the existing resources adjacent to the action area. Floating polyethylene lines will be used for anchoring to avoid impacts from line drag to existing resources.

COMPENSATORY MITIGATION – The applicant has provided the following explanation as to why compensatory mitigation should not be required: No impacts to submerged aquatic vegetation are proposed or anticipated therefore no compensatory mitigation is proposed.

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 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 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 smalltooth sawfish, and endangered and threatened swimming sea turtles

(Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea,

and Caretta caretta and its designated critical habitat); Giant Manta Ray (Mobula birostris); North Atlantic Right Whale; Staghorn coral (Acropora cervicornis) and Elkhorn coral (Acropora palmate) critical habitat. The Corps will request National Marine Fisheries Service's concurrence 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 2.73 acres of the benthic substrate from the direct placement of deployed material. 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. 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. Patricia Clune, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Patricia.R.Clune@usace.army.mil, by fax at (561)626-6971, or by telephone at (561)472-3537.

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.