SAJ-1997-06823 (SP-JMB)

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) and Section 404 of the Clean Waters Act (33 U.S.C. §1344) as described below:

APPLICANT:       Volusia County Public Works, Coastal Division

                             Attn: Jessica Winterwerp

                             515 South Atlantic Avenue

                              Daytona Beach, Florida 32118

WATERWAY AND LOCATION: The Volusia County Marine Wildlife Habitat and Artificial Fishing Reef Project parallels the shoreline of the Atlantic Ocean east of Ponce Inlet occurring between 5 and 33 nautical miles offshore, Volusia County, Florida.

Directions to the site are as follows:  The project sites are located east of Ponce Inlet and are accessible by boat only.    

PROJECT PURPOSE:

Basic:  The basic project purpose is fish habitat enhancement.   

Overall:  The overall project purpose is the continued management of thirteen existing artificial reef sites in the offshore waters of the Atlantic Ocean along Volusia County, Florida.  

EXISTING CONDITIONS:  The first deployments were placed in reef Site 3 in 1980. Several deployments in the 1980s were placed in Sites 2, 4, 6, 8, and 13. In the early 1990s deployments were placed in Sites 1, 4, 5, 6, and 7. Sites 1, 2, 3, 5, 6, 8, 9, 10, and 12 were used after 1996. Deployments to Site 9 in 1996 are the first associated with SAJ-1992-01865. The construction permit, originally authorized in 1997, was expanded in 2004 and included 13 sites with depths varying between 50 and 125 feet. ln 2010, the permit was renewed for 11 of the 13 sites. Regular deployment of reef materials has continued since the 2010 permit renewal. The renewed permit was extended in 2018, 2019, 2020, 2021 and finally in 2022 with deployments having continued each spring/summer.  The final permit expiration date is set for 1 June 2023.

With the growing need to provide improved permit tracking and coordination with regulatory agencies, the SAJ-1997-06823 and SAJ-1992-01865 permits will be split into 13 separate Department of the Army (DA) numbers as reflected in the location table above. 

PROPOSED WORK: Volusia County proposes to renew the USACE permit for 13 existing 5,000' x 5,000' artificial reef sites (573.92 acres each site) authorized under SAJ-1992-01865 and SAJ-1997-06823. The total area occupied by the 13 sites is 7,461 acres. The existing sites have operated since the early 1980's but have remaining capacity for deployments, especially Sites 8 and 9, which were not included in the 2010 permit renewal and thus not further developed since that time. Volusia County requests inclusion of reef Sites 8 and 9 as part of this reauthorization. Future deployment materials would include steel barges, concrete bridge sections, culverts, or any other clean, suitable materials that become available to the County for deployment as previously authorized.

Additions to the reef are not to result in a decrease to the existing minimum clearances from the structures to the surface of the water (at mean low low water). The work described above is to be completed in accordance with the drawings affixed at the end of this permit instrument.

DEPTH, PROFILE & CLEARANCE:  The minimum clearance provided below for each site is based on the approximate depths and at all times exceeds the currently authorized minimum clearance (33’ for sites 5-8 / 40’ for sites 1-4, 10, 12, and 13 / 50’ for sites 9 and 11). The county is requesting to maintain the previously authorized minimum clearance depths in the event that the county would like to modify the permit for potential vessel deployment. The existing vessel deployments sometimes exceed the above stated maximum reef height, with reliefs ranging from 20’ up to 38’.  In all instances, the existing, and proposed, deployments maintain a minimum vertical clearance of twice the height of the structure from the top of the deployed material relative to the MLW.

Reef Site 1 –

The approximate water depth of Site 1 varies from approximately -65’ to -75’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 45’ between the top of the reef and MLLW at Site 1.

Reef Site 2 –

The approximate water depth of Site 2 varies from approximately -70’ to -80’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 50’ between the top of the reef and MLLW at Site 2.

Reef Site 3 –

The approximate water depth of Site 3 varies from approximately -70’ to -80’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 50’ between the top of the reef and MLLW at Site 3.

Reef Site 4 –

The approximate water depth of Site 4 varies from approximately -75’ to -85’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 55’ between the top of the reef and MLLW at Site 4.

Reef Site 5 –

The approximate water depth of Site 5 varies from approximately -60’ to -65’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 40’ between the top of the reef and MLLW at Site 5.

Reef Site 6 –

The approximate water depth of Site 6 varies from approximately -65’ to -75’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 45’ between the top of the reef and MLLW at Site 6.

Reef Site 7 –

The approximate water depth of Site 7 varies from approximately -60’ to -70’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 40’ between the top of the reef and MLLW at Site 7.

Reef Site 8 –

The approximate water depth of Site 8 varies from approximately -60’ to -65’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 30’ between the top of the reef and MLLW at Site 8.

Reef Site 9 –

The approximate water depth of Site 9 varies from approximately -125’ to -135’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 105’ between the top of the reef and MLLW at Site 9.

Reef Site 10 –

The approximate water depth of Site 10 varies from approximately -60’ to -70’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 40’ between the top of the reef and MLLW at Site 10.

Reef Site 11 –

The approximate water depth of Site 11 varies from approximately -75’ to -85’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 55’ between the top of the reef and MLLW at Site 11.

Reef Site 12 –

The approximate water depth of Site 12 varies from approximately -65’ to -75’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 45’ between the top of the reef and MLLW at Site 12.

Reef Site 13 –

The approximate water depth of Site 13 varies from approximately -75’ to -85’ NAVD88. The applicant proposes to maintain a maximum reef height of 20’ with a minimum clearance of 50’ between the top of the reef and MLLW at Site 13.

AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has offered the following comments to address avoidance and minimization measures.

“To minimize impacts to Right Whales, deployments will occur in summer (between April 15 and November 14) All in water activities will follow Standard Manatee Construction Conditions for In-Water Work and the Sea Turtle & Smalltooth Sawfish Construction Conditions. Additions to the reef sites will not result in a decrease to the previous permitted minimum clearances (Appendix A). These deployment materials will be cleaned from all fluids and potential pollutants per US Coast Guard regulations. If any resources are identified. a 200' buffer will be maintained.”

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

“No adverse impacts to aquatic resources are proposed, therefore no mitigation is proposed.”

CULTURAL RESOURCES:  The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the extensive work already conduced over these sites, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.

ENDANGERED SPECIES - U.S FISH AND WILDLIFE SERVICES (USFWS): The Corps executed a Resources At Risk (RAR) report for the general site locations. The RAR indicated that the proposed project overlaps with Atlantic salt marsh snake (Nerodia clarkii taeniata).  Due to the nature of the in-water work and the delivery method of the reef materials, the West Indian Manatee (Trichechus manatus latirostris) was also considered in this evaluation.  The Corps will request concurrence from the USFWS with this determination pursuant to Section 7 of the Endangered Species Act. 

ATLANTIC SALT MARSH SNAKE:  The Corps has evaluated the proposed project with regards to its potential effects on Atlantic salt marsh snake (Nerodia clarkii taeniata).  The Atlantic salt marsh snake inhabits coastal salt marshes and mangrove swamps. Specifically, it occurs along shallow tidal creeks and pools, in a saline environment ranging from brackish to full strength.  It is often associated with fiddler crab burrows.  These conditions do not present themselves in the Action Area.  In consideration of the location of the project site and the information noted above, the Corps determined the project would have “no effect” on this species.

WEST INDIAN MANATEE:  The Corps has evaluated the proposed activities and their potential to affect the West Indian Manatee (Trichechus manatus latirostris).  Manatees traverse the nearby inlet for feeding or thermal refuge during winter.  Pursuant to review of the “State of Florida Effect Determination Key for the Manatee in Florida” (April 2013), a review of the Manatee key resulted in the following sequential determination: A>B>C>G>N>O>P, “may affect, but not likely to adversely affect”.  The applicant agrees to follow the ‘Standard Manatee Conditions for In-Water Work (2011)’ and provide a dedicated manatee observer during in-water work. Reef material placements will occur during calm weather in summer (between April 15 and November 14). Provided compliance with these conditions, it is the Corps’ determination that the proposed project “may affect, but is not likely to adversely affect” the West Indian manatee.

ENDANGERED SPECIES - NATIONAL MARINE FISHERIES SERVICE (NMFS):  The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO). The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); giant manta ray (Manta birostris); and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act.  Therefore, the Corps has satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview. 

ESSENTIAL FISH HABITAT (EFH):  This public notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposed reef activity extensions would include approximately 7,462 acres of sandy marine substrate that lacks submerged aquatic vegetation and hard bottom habitat.  While EFH was identified within the RAR, the nearest identified offshore hardbottom is located 1.5 miles from the centroid of Reef 1.  The three proposed artificial reef sites may be utilized by various life stages of red drum, Snapper/Grouper complex and penaeid shrimp.  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 Corps has verified the extent of Federal jurisdiction.

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 Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida 32926 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 and waters. 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, John Baehre, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926, by electronic mail at John.M.Baehre@usace.army.mil or by telephone at (321) 504-3771 extension 0011.

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 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. 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 of 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. 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.