SAJ-1992-41388 (SP BMC)

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 would affect waters of the United States associated with Sarasota Bay.  The project site is located 0.1 nautical miles northeast of Longboat Key's Putting Green Lane and approximately 1.3 nautical miles southwest from New Pass, in Section 16, Township 36 South, Range 17 East, Sarasota, Sarasota County, Florida. Directions to the site are as follows: The project site, only accessible by water, is located in Sarasota Bay between the Sarasota County mainland and Longboat Key. The center of the site is located approximately 0.33 nautical miles on a bearing of 329.05° true from the green marker 1 entrance off Putter Lane seawall on Longboat Key and 0.32 nautical miles on a bearing of 127.48° true from the red marker 18 entrance off Halyard Lane seawall on Longboat Key. The nearest boat ramp to the project is located at Ken Thompson Park in Sarasota. Directions to Ken Thompson boat ramp are as follows: take US 41 to Gulfstream Avenue and head west to continue on John Ringling Causeway and cross the John Ringling Causeway Bridge; at Saint Armand’s Circle, take the first exit onto North Boulevard of Presidents and continue as the road turns into John Ringling Parkway; take a slight right (east) onto Ken Thompson Parkway and Ken Thompson Park will be 0.4 miles ahead on the south side of the road.

APPROXIMATE COORDINATES: The 6.17-acre Sport Angler Reef footprint is approximately 334-feet-wide by 805-feet-long and located at the following coordinates:

DEPTH AND CLEARANCE: Average water depth at the project site is 11 feet deep with water depth ranging from 8 to 12 feet deep at mean lower low water (MLLW) across the 6.1-acre footprint. The proposed minimum navigational clearance for the reef is 5.5 to 9.9 feet at MLLW.

PROJECT PURPOSE:  Basic: The basic project purpose is to enhance marine fishery resources.

Overall: The overall project purpose is to reinitiate deployments of prefabricated reef materials within an existing artificial reef footprint to further enhance fisheries resources in order to provide additional marine life habitat, recreational fishing locations, and scuba diving sites off the coast of Sarasota County.

PERMITTING HISTORY: Sport Angler Reef was first authorized by the Corps on November 17, 1992, under a Regional General Permit SAJ-50 for Artificial Reefs. The 1992 Corps permit authorized creation of eight (8) separate artificial reef sites within Sarasota Bay. On February 14, 1996, the Corps authorized continued deployment within the eight (8) existing reef footprints under a new SAJ-50. On April 12, 2013, the Corps authorized a new Standard Permit for continued deployment of prefabricated reef modules within the existing Sport Angler Reef footprint for a duration of 10-years under File No: SAJ-1992-41388. On May 31, 2013, the permittee submitted a pre-deployment notification and cargo manifest documentation as required by special conditions of the permit. The 2013 permit expired on March 13, 2023. On October 17, 2023, the applicant requested a new Standard Permit for continued deployment of prefabricated reef modules within the existing Sport Angler Reef footprint for a duration of 10-years.

EXISTING CONDITIONS: The project is located in Sarasota Bay which is mapped on the National Wetlands Inventory (NWI) as E1UBL ((E) Estuarine, (1) Tidal, (UB) Unconsolidated Bottom, (L) Subtidal) and is directly connected to the Gulf of Mexico. In September 2023, aquatic resource surveys were conducted at the 6.1-acre reef site using side scan and vertical sonar over a square grid pattern. An underwater drop camera was used to investigate any areas with a sonar signature other than open bay bottom. Underwater divers assessed species composition and extent of any submerged aquatic vegetation (SAV) found within the reef footprint. According to the surveys, substrate within the Sport Angler Reef footprint is sandy and scattered with shell. Sparse and medium density shoal grass (Halodule wrightii), low coverage of rooted macroalgae on sand substrate, and occasional drift macroalgae were observed in vicinity of the reef. SAV extent at the reef center roughly aligned with the seagrass extent mapped by the Southwest Florida Water Management District (SWFWMD) in 2020. However, seagrass extended slightly further to the west than SWFWMD-mapped area and an area of SAV mapped by SWFWMD near the southwest portion of the reef was not present during the 2023 surveys. No other benthic resources were located on previously deployed reef material. According to the survey, a sizeable area of the 6.1-acre Sport Angler Reef footprint is open bay bottom, absent of aquatic resources, and is suitable for future deployment(s).

PROPOSED WORK: The applicant seeks a 10-year authorization to expand an existing artificial reef through multiple deployments of prefabricated artificial reef modules made of aggregate concrete and cast in a variety of shapes. The County currently has funding to deploy four (4) deep cover reef modules with future deployments depending on future grant funding and potentially unforeseen reallocation of funds. A 10-year permit duration has been requested to maximize the project team’s ability to seize potential funding opportunities for future deployments. Any future deployments would consist of appropriate reef materials, such as the prefabricated concrete structures specified in the proposed project plans that would be deployed as funding arises in appropriate locations absent of aquatic resources within the existing reef footprint. The proposed reef modules will be deployed from small pontoon-style barges with a minimal draft utilizing Best Management Practices (BMP). In accordance with the materials and design elements of the National Artificial Reef Plan, the applicant proposes to deploy only materials clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free-floating material or other deleterious substances.

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 applicant will only deploy reef modules in areas within the footprint that are devoid of SAV or corals, and where there are no natural rock outcrops or hard bottom formations. The applicant has indicated that all reef modules will be placed in appropriate locations within the bare bottom of the existing reef footprint and that a buffer of at least 200-feet will be maintained from any submerged aquatic resources if present, including seagrasses, macroalgae, hard or soft coral (including coral reefs), sponges, oysters, or hard bottom. On the day of deployment, substrate type will be field verified by underwater camera prior to each deployment to ensure that all impacts aquatic resources are completely avoided.

To ensure that the deployed materials remain in place within the authorized boundaries, the applicant agrees to deploy materials that weigh a minimum of 500 pounds. Furthermore, the applicant seeks to deploy only prefabricated artificial reef modules made of aggregate concrete which would be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free-floating material or other deleterious substances.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:  The project impact area will be minimized to only bare bottom areas within the existing artificial reef footprint. Deployment will be via a barge equipped with a crane to pick up and place the modules. The operator will maintain tension on the line until the module is placed securely on the bay bottom. No dropping which may stir sediments will occur and no impacts from the barge will occur. The applicant does not propose impacts to SAV, macro algae, corals, or live hardbottom. The project will occur on bare sandy bay bottom which will be turned into reef habitat that provides substrate for corals, sponges, and other invertebrates as well as shelter for fish species. The project is intended to result in a net ecological benefit; therefore, compensatory mitigation is not anticipated to be appropriate.

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 Gulf sturgeon (Acipenser oxyrinchus desotoi), smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostris), swimming sea turtles (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta)) or their designated critical habitat (DCH). The Corps evaluated the proposed work utilizing National Marine Fisheries Service’s (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017, including consideration of the Project Design Criteria (PDCs) identified in the JAXBO that have typically been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of DCH. As established in the JAXBO, the Corps determined that the proposed artificial reef project may affect but is not likely to adversely affect the Gulf sturgeon, smalltooth sawfish, giant manta ray, or swimming sea turtles. The Corps will request NMFS programmatic concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

The Corps has determined that the proposed project may affect but is not likely to adversely affect the West Indian manatee (Trichechus manatus). Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key) resulted in the following sequential determination: A>B>C>G>N>O>P> may affect, not likely to adversely affect. The applicant elects to adhere to the Standard Manatee Conditions for In-Water Work, 2011. Therefore, according to the key, a may affect but is not likely to adversely affect determination is appropriate. By letter dated 25 April 2013, the U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the Key for manatees and that no additional consultation is necessary.  The Corps has determined the proposal would have no effect on the eastern black rail (Laterallus jamaicensis ssp. jamaicensis), piping plover (Charadrius melodus), red knot (Calidris canutus rufa), or the wood stork (Mycteria Americana).

ESSENTIAL FISH HABITAT (EFH):  This notice initiates consultation with the NMFS on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact unconsolidated bottom habitat within the existing 6.1-acre reef footprint potentially utilized by various life stages of red drum (all life stages), shrimp (all life stages), reef fish (all life stages), coastal migratory pelagics (all life stages), tiger shark (juvenile and adult), Atlantic sharpnose shark (Gulf of Mexico Stock; juvenile and adult), blacknose shark (Gulf of Mexico Stock; juvenile and adult), nurse shark (juvenile and adult), bull shark (all life stages), blacktip shark (Gulf of Mexico Stock; neonate), bonnethead shark (juvenile and adult), and lemon Shark (adult). The applicant has indicated that all reef modules will be placed in appropriate locations only on bare bottom areas within the existing reef footprint and that a buffer of at least 200-feet will be maintained from any submerged aquatic resources if present, including seagrasses, macroalgae, hard or soft coral (including coral reefs), sponges, oysters, or hard bottom. On the day of deployment, substrate type will be field verified by underwater camera prior to each deployment in order to ensure that all impacts aquatic resources are completely avoided. Materials will not be off-loaded from a barge or placed in areas that may generate turbidity such as areas with fine muck. As the applicant has indicated that any area with submerged aquatic resources within the existing reef footprint would be completely avoided, our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Sarasota Bay. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.

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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permit Section at 10117 Princess Palm Ave., Suite 120, Tampa FL 33610 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, Barbara M. Cory, in writing at the Tampa Permits Section at 10117 Princess Palm Ave., Suite 120, Tampa FL 33610, by email at barbara.m.cory@usace.army.mil, or by telephone at (813) 697-2870.

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 decision as to whether a permit will be issued will be based on an evaluation of the impact of the proposed work on navigation and national security.

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 is being reviewed under FDEP File No.: 0197009-008 EG.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. Artificial reefs that are constructed in Florida's coastal zone require coordination with the state for Coastal Zone Management (CZM) Consistency as required under Section 307(c) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c)). This coordination is required even when the state does not issue or require a state permit.

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.