SAJ-1997-04090 (SP-KAB)

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:  City of Mexico Beach

                       Attn: Douglas Baber

                       201 Paradise Path

                       Mexico Beach, Florida  32456

                       d.baber@mexicobeachgov.com

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Gulf of Mexico. The project is located in the Gulf of Mexico in state waters approximately 3 nautical miles west of the entrance to the Mexico Beach canal, Bay County, Florida. 

Directions to the site are as follows:  The proposed artificial reef restoration project, called Bell Shoals Reef, is located in the Gulf of Mexico, southwest of Mexico Beach in Bay County, with the north corner of the site being located approximately 3 nautical miles west of the entrance to the Mexico Beach canal.

APPROXIMATE CENTRAL COORDINATES: 

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PROJECT PURPOSE:

Basic:  Marine habitat enhancement.

Overall:  Reauthorize an existing artificial reef site within the previously authorized boundary, known as Bell Shoals Reef, with deployment of approved materials in order to enhance the marine habitat in the offshore waters of the Gulf of Mexico, southwest of Mexico Beach, Bay County, Florida

EXISTING CONDITIONS:  The artificial reef is an existing previously authorized reef site. The existing site, totaling 2,935 acres, was impacted by storms, including Hurricane Michael which traveled directly over the reef site in October 2018. Post Hurricane Michael surveys of the site were conducted by the Florida Fish and Wildlife Conservation Commission (FWC) in December 2018 and by the Mexico Beach Artificial Reef Association (MBARA) between July and October 2019. These surveys showed the site is free of submerged aquatic vegetation, hardbottom or live bottom resources within the project area. The surveys showed some reef materials were moved outside of their individual patch reef areas, but only a small number of materials were moved outside of the overall site boundaries.    

PROPOSED WORK:  The applicant seeks a 10 year authorization to restore an existing previously authorized artificial reef known as Bell Shoals Reef. The most recent Corps permit for the site was dated June 6, 2011, and it expired June 6, 2021. The proposed reef would occur within the previously authorized boundary, which is a rectangle with the north-south axis measuring 3.08 nautical miles (18,730 feet long) and the east-west axis measuring 1.12 nautical miles (6,825 feet long), encompassing 2,935 acres of seafloor. A 300 foot minimum clearance from the site boundaries would be maintained during material deployment. All reef materials would be consistent with the Guidelines for Marine Artificial Reef Materials, 2nd Edition, weighing 500 pounds or more and having at least a 20 year life span. Materials proposed for deployment would be prefabricated materials (fabricated concrete, steel greater than ¼” thickness, and other authorized materials lasting 50 years or more). Materials would be deployed in patch reefs placed at 0.25 square nautical mile intervals throughout the permit area. Multiple deployments of approved materials would be conducted over the life of the permit. MBARA would survey the site prior to and after deployment of the structures to ensure proper deployment.

DEPTH, PROFILE AND CLEARANCE:  In compliance with the former permit, FWC and MBARA surveys show existing reefs do not exceed ½ the distance of the water depth at mean low low water (MLLW). The depth at the proposed site ranges from -12 feet to -22 feet MLLW. It is marked on nautical charts with a minimum 9’ clearance, and no changes are proposed to this authorized minimum clearance. The maximum profile of any reef material would range from 3’ to 6’.

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 project site has been surveyed and it has been determined there are no submerged aquatic vegetation, hardbottom or live bottom resources within the project area. The proposed reef would occur within the previously authorized boundary. Reef construction would be accomplished complying with requirements, standards and special conditions established in the previous permits.

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

The proposed project is within Section 10 waters and would not impact a special aquatic site. Therefore, no compensatory mitigation is proposed.

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 proposed project may affect but is not likely to adversely affect the Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Smalltooth Sawfish (Pristis pectinata), and the Gulf Sturgeon (Acipenser oxyrinchus desotoi) or its designated critical habitat.  The applicant has agreed to abide by the Sea Turtle and Smalltooth Sawfish Construction Conditions dated March 23, 2006. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

The Corps has determined, based on the use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (April 2013), that the proposed project may affect, but is not likely to adversely affect the West Indian manatee with the inclusion of conditions a, b, c, d, and e of the Standard Manatee Conditions for In-water Work (2011).

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 2,935 acres of unvegetated bottom utilized by various life stages of shrimp, reef fish, stone crab and coastal migratory pelagic species in the Gulf of Mexico. 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.

NAVIGATION: Based on the coordinates provided by the applicant, the nearest corner of the reef site is at least 5,000 feet away from the nearest Federal channel and at least 2,000 feet away from the nearest shipping fairway.

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 Panama City Permits Section, 415 Richard Jackson Boulevard (Blvd), Suite 411, Panama City Beach, Florida 32407 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 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, Mrs. Kelly Bunting, in writing at  Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411, Panama City, Florida 32407; by electronic mail at Kelly.A.Bunting@usace.army.mil; or, by telephone at (850) 763-0717, extension 2. 

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: Water Quality Certification is required from the Florida Department of Environmental Protection (FDEP). The project has been reviewed and certification has been granted under FDEP permit number 0182918-006-EI/03.

COASTAL ZONE MANAGEMENT (CZMA) CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. A finding of consistency with CZMA has been received from FDEP under permit number 0182918-006-EI/03.

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.