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) as described below:
APPLICANT: Coral Restoration Foundation
c/o Phanor Montoya-Maya
8911 Overseas Highway
Tavernier, FL 33070
WATERWAY AND LOCATION: The project will affect waters of the United States associated with the Atlantic Ocean. The project site is referenced by the name of Coral Restoration Foundation (CRF) Elbow Coral Nursery throughout this document. The CRF Elbow Coral Nursery is located within Federal open waters of the Atlantic Ocean, approximately 7 miles (5.34 nautical miles) offshore due east from the nearest land, being where Overseas Highway splits to Card Sound Road and US1, approximately mile marker 106.5. The CRF Elbow Coral Nursery boundaries are limited to 9.5 acres. The project site is located on open federal waters in the Florida Keys, Monroe County, Florida. See enclosed location map and geographic coordinates.
Directions to the site are as follows: The project site is only accessible by boat, approximately 5.34 nm offshore due east from land. Departing from John Pennekamp State Park, North Key Largo, and navigating through North Sound Creek, the main channel out to the site at Garden Cove. The center of the CRF Elbow Coral Nursery sits outside of the Elbow Reef SPA and it is .35 nm WSW of the Elbow Reef structures that sit on site.
FOUR CORNER GEOGRAPHIC COORDINATES:
Corner 1: Latitude: 25.147100° Longitude: 80.26500°
Corner 2: Latitude: 25.146080° Longitude: 80.263760°
Corner 3: Latitude: 25.145500° Longitude: 80.266700°
Corner 4: Latitude: 25.144500° Longitude: 80.265300°
PROJECT PURPOSE:
Basic: The basic project purpose is to install temporary structures for coral propagation for marine restoration, research, and habitat enhancement.
Overall: The overall project purpose is to install temporary structures in open water for coral propagation for the purpose of marine restoration, research, and habitat
enhancement in waters of the Florida Keys, Monroe County, Florida.
EXISTING CONDITIONS: The project site is located within open waters of the Atlantic Ocean. The project site location is strategically located to service two key restoration
sites identified by NOAA’s Mission: Iconic Reefs, Horseshoe Reef and Carysfort Reef Complex. The site is an existing coral nursery, previously authorized by the Corps under
SAJ-2019-03122-(NW-GGM) and by the NOAA-FKNMS under #FKNMS-2019-012. The site currently has 7 structures installed, CRF proposes adding 593 new structures
to have a total of 600 fixed and floating structures by the end of 2032. The depth of the site is roughly 32 feet, where the tree structure floats in the water column allowing a
minimum vertical clearance of 10 feet below the surface. The current and previously permitted outer dimensions of the site will remain 9.5 acres; however, only 0.2 acres of
submerged bottom is being utilized at the moment. The submerged sea-bottom, at the project site, consists of a sand composition. No natural occurring corals, hardbottom or seagrass were identified within the project area (see enclosed images). A variety of different coral species, including ESA-listed coral species, are being and will continue to
be propagated at this site.
PROPOSED WORK: The applicant seeks authorization for a 10-year Corps permit to continue work at the existing offshore CRF Elbow Coral Nursery site. The applicant
proposes to install 593 additional structures to have a grand total of 600 fixed and floating coral nursery structures with subsurface buoys on all floating structures, by the
end of 2032. The proposed coral nursery structure designs to be implemented at the project site are both fixed and floating nursery structures, as depicted on the enclosed
work plans (9 pages). A maximum of 600 structures with subsurface buoys for floating structures shall be at the site at any given time over the duration of the Corps authorization, 10 years. All structures shall be installed within the depicted 9.5 acres boundaries on the enclosed work pans. All structures shall be place in sandy sea bottom only. All structures shall be 10 feet apart from each other and all structures shall maintain a vertical clearance of 10’ from the top of the structure to mean low water line (MLW). In addition to the proposed structures, the applicant proposed 6-surface buoys markers, 6-Duckbill marker, 6-Manta mooring. All structures shall be removed at the end of the project and the site shall be restore to pre-construction conditions. The project is further described on the enclosed project exhibits and supplemental documents (Sheet 1 of 9). The proposed project is in waters of the United States.
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:
Due to the nature of the work, the applicant could not avoid conducting the proposed work within waters of the United States. The deployment of coral nursery structures is proposed on areas of sandy bottom only, areas that do not support hard bottom, corals or seagrass. Furthermore, the project has been designed to maintain safe navigability by maintaining a minimum of 10’ clearance between and the top of any of the proposed structures and MLW. The project has been designed in a manner not to result on the aggregation of material or discharge of any fill material that would alter the sea-bottom. No materials will be dredged or discharged as a result of the proposed work.
The applicant has included the following best management practices on their proposal: “Environmental controls, Sea Turtle and Smalltooth Sawfish Construction Conditions, and Standard Manatee Conditions for In-Water Work -2011. All construction activities will be completed during daylight hours in good weather and sea conditions, and use clean material through approved installation methodology. Maintenance and inspection of these structures will be continuous throughout the year and removal of these structures will occur when necessary. In circumstances of marine debris removal, CRF will lift the material straight up and not drag debris through any seagrass beds, coral reefs, coral, or hard bottom habitats. We will continue to communicate our work plans with the Army Corps of Engineers and the Florida Keys National Marine Sanctuary.”
COMPENSATORY MITIGATION – The applicant is not proposing mitigation because they are not proposing any dredge or fill of surface waters and all water impacts are temporary, waters will be restored to pre-disturbance following completion of the activity. Furthermore, the proposed activities should result in net increases in aquatic resource functions and services.
CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 U.S. Army Corps of Engineers (Corps) has determined the project may affect but is not likely to adversely affect (“MANLAA”) the West Indian manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian manatee were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of the Key resulted in the sequence A-B-C-G -N-O-P(5) “may affect, not likely to adversely affect”, where no further consultation with the Service is necessary. This determination is based on the applicant following the standard Manatee construction conditions for the proposed activity. The U.S. Fish and Wildlife Service (FWS) has given concurrence with this determination pursuant to Section 7 of the Endangered Species Act. No further coordination with the FWS is required.The Corps has determined the proposed project may affect but is not likely to adversely affect (“MANLAA”) the Swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), Nassau grouper (Epinephelus striatus), Giant Manta ray (Manta birostris), Smalltooth sawfish (Pristis pectinata), Oceanic Whitetip shark (Carcharhinus longimanus), Blue whale (Balaenoptera musculus), humpback whale (Megaptera novaeangliae), fin whale (Balaenoptera physalus), sei whale (Balaenoptera borealis), right whale (Eubalaena glacialis), sperm whale (Physeter macrocephalus), Acorpora sp. and its designated critical habitat, and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox) species. A no effect determination was reached on smalltooth sawfish critical habitat. The Corps will request National Marine Fisheries Service concurrence with these determinations 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 approximately 9.5 acres of submerged sea bottom utilized by various life stages of marine species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Florida Keys. 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 proposed activity is not located in the vicinity of a federal navigation channel.
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 not 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 Keys Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida, 33176, within 21 days from the date of this notice (i.e. on or before January 27th, 2023). 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, Gletys Guardia-Montoya at the letterhead address, by electronic mail at Gletys.GuardiaMontoya@usace.army.mil, or by telephone at 786-920-7183. 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.