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: Monroe County Board of County Commissioners
c/o Kevin C. Wilson
1100 Simon Street
Key West, FL 33040
WATERWAY AND LOCATION: The project will affect waters of the United States associated with the Gulf of Mexico. The proposed project site will be reference as the Gulfside Ten Mile Reef and it is located 16.7 nautical miles offshore the Lower Florida Keys at a bearing of 23 degrees from Calda Channel Marker “3”, in open federal waters of the Gulf of Mexico, Monroe County, Florida.
Directions to the site are as follows: The project site can be access by boat. The center of the site is located approximately 22.5 nautical miles on a direct bearing of 5° offshore Stock Island; 24.2 nautical miles at 16° offshore Key West and 19.9 nautical miles at 322° from the Summerland Keys, Monroe County, Florida. (See enclosed Vicinity Map & Coordinates).
APPROXIMATE CENTRAL COORDINATES: Latitude: 24.88542°
Longitude: -81.70229°
FOUR CORNER GEOGRAPHIC COORDINATES:
Corner LAT (DD) LONG (DD) LAT (DM) LONG (DM)
SW 24.88333 -81.70458 24° 53.000’ N 81° 42.275’ W
NW 24.88752 -81.70458 24° 53.250’ N 81° 42.275’ W
NE 24.88752 -81.70000 24° 53.250’ N 81° 42.000’ W
SE 24.88333 -81.70000 24° 53.000’ N 81° 42.000’ W
PROJECT PURPOSE:
Basic: The basic project purpose is marine habitat enhancement and increase fishing opportunities.
Overall: The overall project purpose is to deploy approved material for the construction of a new artificial reef to enhance marine habitat in federal open waters of the Gulf of Mexico, offshore the Florida Keys, Monroe County, Florida.
EXISTING CONDITIONS: The proposed artificial reef site, to be known as the Gulfside Ten Mile Reef, is located within open federal waters of the Gulf of Mexico, outside state waters and outside of the Florida Keys National Marine Sanctuary (FKNMS) boundaries. Currently, there are no existing artificial reefs within a five-mile radius of the proposed project site. According to the most recent benthic survey, conducted on February 2, 2024, by FWC, the submerged bottom within the proposed project site is being identified as unconsolidated sand bottom with one area including hard clay as well. The benthic survey identified a few aquatic organisms, primarily starfish, urchins, stone crabs, and whelk egg cases. There were three reports of a few individual loose sponges, a single soft coral, and solitary blades of sea grass were reported but observations were isolated and there were no reports of hardbottom on any of the dives. The approximate depth of water within this proposed project site is -43 to 45’ relative to mean low low water (MLLW). No shipwrecks have been identified within the proposed project area.
PROPOSED WORK: The applicant seeks a 10-year authorization to construct a new offshore artificial reef to be known as the Gulfside Ten Mile Reef. The proposed artificial reef site area would measure 0.25 nautical miles by 0.25 nautical miles, encompassing a total area of 53 acres of submerged sand sea-bottom of which less than 1 acre of artificial reef material footprint would be deployed during the lifetime of the permit, 10 years. The proposed material would consist of natural rock/limestone boulders, pre-cast concrete materials or concrete structures such as culverts, junction boxes, catch basins, power poles, or similar concrete materials, prefabricated artificial reef modules, clean steel and concrete bridge or large building demolition materials such as slabs or piles with any exposed steel reinforcement rods cut flush so little to no rebar or metal protrudes. Please see Attached supporting detailed description of the proposed work and associated work plans. The proposed project is in waters of the United States.
DEPH, PROFILE AND CLEARANCE: The approximate depth of water within the site represented on the NOAA chart is -43 to -45 feet (NOAA chart #11442) relative to Mean Low Low Water (MLLW). All reef structures selected for deployment at the proposed project site will maintain a minimum navigational vertical clearance of at least 25 feet relative to 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:
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 the proposed structures is proposed on areas devoid of submerged aquatic vegetation (SAVs), areas that do not support natural rock outcrops or hard-bottom. Material will be deployed on sand sea-bottom and a buffer area of at least 200-feet will be maintained from any submerged aquatic resources if present. The proposed work will be conducted during daylight hours only. No materials will be dredged as a result of the proposed work. All reef materials will be clean and free from asphalt, petroleum, other hydrocarbons and toxic substances. All reef materials will be selected, designed, constructed, and/or modified to create stable and durable marine habitat that will not be an entanglement hazard. Individual artificial reef materials shall weigh a minimum of 500 pounds to ensure stability of deployed structures/material.
COMPENSATORY MITIGATION – The applicant is not proposing compensatory mitigation because the proposed activities should result in net increases in aquatic habitat functions and services. Any impacts from the proposed project are anticipated to be positive by creating new habitat for feeding, refuge, and reproduction of many marine organisms.
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 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). A no effect determination was reached on smalltooth sawfish critical habitat, Acorpora sp. and its designated critical habitat, and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox) species.. 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 53 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 March 19th, 2024).
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.Guardia-Montoya@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.
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.