SAJ-1999-05545(SP-LCK)

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:  Broward County Board of County Commissioners
                       Attn: Samantha Danchuk (Natural Resource Administrator)
                       115 South Andrews Ave.
                       Ft. Lauderdale, FL 33301

WATERWAY AND LOCATION: The mitigation artificial reef is located offshore of Broward County within the Atlantic Ocean, within two general areas approximately 1,700 linear feet offshore of Florida Department of Environmental Protection (FDEP) R-47.5 and R-50.5 and between R-51.5 and R-54.5.

Directions to the site are as follows: The two mitigation artificial reefs are located approximately 1,200 linear feet offshore of Broward County shoreline. The North Mitigation Reef extends north to south from FDEP monument R-49 to R-50. The South Mitigation Reef extends north to south from FDEP monument R-52 to R-54.

APPROXIMATE CENTRAL COORDINATES:

PROJECT PURPOSE:

Basic: Construction of artificial reef for compensatory mitigation.

Overall: Construction of an artificial reef for compensatory mitigation for Broward County Segment II beach re-nourishment project, in Broward County Florida.

EXISTING CONDITIONS and PROJECT HISTORY: The Corps issued a Department of Army (DA) permit on 08 April 2015 for the beach renourishment along two segments of the Broward County Segment II shoreline and the construction of a compensatory mitigation artificial reef. Beach renourishment work was last constructed and completed on December 28, 2016. The permit expired on 08 April 2020, however, by permit modification dated July 24, 2020, the Corps extended the authorization date for the construction of the mitigation reef, which expired on April 8, 2022. The Corps received As-Built certification on April 28, 2017. To-date, approximately 40% (3.2 acres) of the reef has been placed in the water and is in service.

The County had a series of procurement interruptions that resulted in unanticipated project delays for the construction of the mitigation reef. Beach fill construction commenced in January 2016 following the first solicitation of bid for mitigation reef construction services in early 2017, a protect appeal challenged the recommendations of award. This appeal, pursuant to the Procurement Code of Broward County, resulted in a stay of efforts to re-advertise or award solicitation. However, with project re-bid in November 2018, a protect appeal against award was again filed, resulting in further legal delay of similar duration. As of June 2020, the County has successfully issued award for bid and executed a contract for construction for the mitigation reef.

PROPOSED WORK: The applicant is requesting a modification to the permit to extend the construction window for the required construction of the compensatory mitigation reef for an additional five (5) years per the Biological Monitoring and Mitigation Plan that contains updated dates and figures. The applicant shall create 6.64 acres of mitigation reef within a 10-acre footprint, in the form of a low relief artificial reef that consists of approximately 4,000 modules of concrete slab with limestone cobbles (each approximately 72 square feet) to compensate for 4.9 acres of impact to nearshore hardbottom from the placement of fill material associated with the Broward County Segment II beach renourishment. The constructed reefs shall maintain a minimum clearance of 6-feet of navigational clearance relative to the Mean Lower Low Water (MLLW).

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 material being proposed for discharge is for a mitigative artificial reef consisting of reef modules constructed of a precast reinforced concrete slab. Limestone cobbles will be placed into the upper surface of the slab while the concrete is still wet. This ensures that the surface of the module is almost entirely exposed limestone. Texturally, limestone is a natural material and will provide a suitable replacement for the impacted nearshore reef substrate.

A protective 50-ft buffer will be maintained between the mitigation structures and adjacent nearshore hardbottom in order to protect the natural hardbottom during mitigation construction. Survey controls and diver quality assurance review will be implemented to ensure that the units are deployed at the location and configuration intended. Within 30 days following construction of the artificial reef, Broward County will complete the Florida Fish & Wildlife Conservation Commission’s (FWC) “Florida Artificial Reef Materials Placement Report and Post-Deployment Notification”.

Broward County will conduct mid-construction surveys and an immediate post-construction as-built survey to ensure the mitigative reef is constructed properly. A line-intercept survey will be conducted on the artificial reef as part of the as-built in order to estimate percent of net reef cover. The goal of this is to ensure that the artificial reef site reflects a similar hardbottom to sand ratio as the pre-construction natural hardbottom. Monitoring will be conducted for five years post-construction to document that the reef is providing appropriate mitigation for hardbottom impacts. During the final mitigation monitoring event, the edge of the artificial reef will be delineated to quantify the total acreage of functional artificial reef. The mitigation units will be sized to provide sufficient mass to be stable under the influence of wave and currents conditions that may occur for a storm with a return period of at least 50 years and a minimum factor of safety against sliding and overturning of 1.5. The units will be made of concrete with sufficient internal steel reinforcing and minimum concrete cover to provide durability for handling and installation and in-place service. The design life of the structures is estimated to be at least 70 years.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

Direct sand placement and subsequent spreading (equilibration) of sand from the authorized beach re-nourishment is anticipated to result in 7.6 acres of impacts to nearshore hardbottom. The hardbottom impacts included 2.5 acres in the project area (R-36 to R-41.3) and 5.1 acres in the project area (R-51 to R-72). However, the 7.6 acres was not used as the assessed impact quantity since there were substantial areas of sand mixed in with the hardbottom. Based on the gross impact areas of 2.5 acres and 5.1 acres, net impacts to hardbottom were determined to be 0.9 acres within the Pompano Beach project area and 4.0 acres within the Lauderdale-by-the-Sea (LBTS) project area for a total 4.9 acres of impacted hardbottom that will be mitigated for. The direct impacts from project sand placement are not anticipated to extend beyond 30 meters from the hardbottom edge.

The applicant is required to construct a nearshore artificial reef complex using concrete reef modules with embedded limestone boulders covering 6.64 acres of seafloor within a 10-acre footprint to compensate for 4.9 acres of impacted hardbottom per the updated Biological Monitoring and Mitigation Plan. The Corps acknowledged that the Permittee is proposing to construct approximately 0.16 acres more mitigation reef than is required by the Corps due to differences between the FDEP and Corps time lag factors.

CULTURAL RESOURCES:

The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES:

The Corps has determined the proposal may affect but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus) and will not adversely modify its critical habitat because the project is not located within the species designated critical habitat. The effects to manatee’s from the deployment of artificial reef material was previously evaluated with the Fish and Wildlife Service (FWS) for the existing authorization. The FWS provided concurrence with this determination through use of the Statewide Programmatic Biological Opinion (SPBO) dated August 11, 2011.
The SPBO has since been updated and the 2011 SPBO is no longer applicable. Therefore, the Corps re-evaluated the proposed projects effects to the manatee utilizing
the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 and associated 2019 Addendum (Key). Use of this Key produced the sequential determination A-B-C-G-N-O-P-Paragraph 4 - may affect, not likely to adversely affect (MANLAA). This determination is based on the applicant implementing the “Standard Manatee Conditions for In-Water Work, 2011.” FWS has provided programmatic concurrence for this determination and no further consultation with FWS is required.

The Corps has determined the project may affect, but is not likely to adversely affect the threatened swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea), the smalltooth sawfish (Pristis pectinata), the Giant Manta Ray (Manta birostris), and the loggerhead (C. caretta) designated migratory, breeding and reproductive critical habitats. The Corps will request initiation of in-formal consultation with NMFS 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 6.64 acres of unconsolidated benthic habitat of the seafloor within a 10 acre footprint through the deployment of artificial reef modules to compensate for impacts to 4.9 acres of hardbottom associated with the placement of fill material for the beach re-nourishment event Broward County Segment II. The 6.64 acres of impacted habitat by the placement of the artificial reef modules is within sandy benthic 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 Region. 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.

NAVIGATION: The specific locations of the mitigation reefs will be required to be identified on NOAA Charts in order to advise vessel operators of the presence of an artificial reef. The permittee will be required to submit as-built plans to the Corps and NOAA, and to coordinate with the NOAA Charting Division during both pre and post construction activities. The artificial reef modules comprising the constructed reef shall maintain a minimum clearance of 6-feet of navigation clearance relative to Mean Lower Low Water (MLLW).

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

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, STE 500, Palm Beach Gardens, FL 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, Ms. Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410, or by electronic mail at Linda.C.Knoeck@usace.army.mil.

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.

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.

WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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.