SAJ-2023-00708 (SP-RSS)

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:     Carla Burrmann

Manager Waterways and Aquatic Services Division

Hernando County Board of County Commissioners

16161 Flight Path Dr.

Brookville, FL 34604

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico off the coast of Hernando County, located approximately 8.8 to 9.2 miles west of Hernando Beach, Hernando County, Florida.

Directions to the site are as follows: The nearshore artificial reef sites are located between approximately 5.9 miles west and 6.1 miles west/northwest of the entrance to the Hudson Beach Channel and approximately 8.8 to 9.2 miles northwest of Hernando Beach.

DEPTH, PROFILE & CLEARANCE: According to the applicant, water depths within the proposed footprint ranged from 11.7-feet (ft) to 13.9-ft relative to Mean High-Water (MHW) (NAV 88) and -9.0-ft to -10.5-ft relative to Mean Lower Low Water (MLLW) (NAV 88). The proposed reef will encompass an area of approximately 0.94 acres (40,946 square feet (SF)). The applicant proposes to deploy structures with a vertical height of 2.75-ft in order to maintain a minimum depth clearance of -6.5-ft relative to Mean Low Water (MLW) (NAV88), which ranges from -9.4-ft to -10.9-ft.

APPROXIMATE CENTRAL COORDINATES: The proposed 0.94-acre Nearshore Reef

footprint is located at the following coordinates:

PROJECT PURPOSE:

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

Overall: The overall project purpose is to create essential fish habitat and enhance nature-based tourism by continuing to expand the existing artificial reef network off the coast of Hernando County with the natural submerged aquatic vegetation and hardbottom habitat offshore within the Gulf of Mexico.  

EXISTING CONDITIONS: Water & Air Research, Inc. (Water & Air) and their sub-consultant team, CSA Ocean Sciences Inc. (CSA), Morgan & Eklund, Inc. (M&E), and INTERA, were contracted by the Hernando County Board of County Commissioners to identify potential artificial reef sites off the coast of Hernando County. Between August and October 2022, site assessments conducted utilized aerial photography, side scan sonar, multibeam bathymetry, magnetometer sensors, photos and videos, sediment samples, and SCUBA diver observations. A total of eight (8) nearshore deployment sites within the proposed footprint were evaluated.
 

SCUBA diving site assessments were conducted between September and October 2022. At each nearshore site, an anchor with buoy was placed at pre-determined transect endpoints and two (2) transects were followed at each site. The four (4) nearshore deployment sites are described as elliptical shaped with bare substrate surrounded by seagrass meadows. The most abundant submerged aquatic vegetation (SAV) species is turtle grass (Thalassia testudinum), with manatee grass (Syringodium filiforme), shoal grass (Halodule wrightii), and star grass (Halophila engelmanni) variably present. Calcareous green algae (Penicillus, Udotea, Halimeda) are isolated and sparse when present. Thin and patchy layers of blue-green algae were observed in some areas of deployment sites Near 04 and Near 06. The average sediment depth of the nearshore deployment sites is 13.2 cm and consists mostly of fine sand (material between 0.425 and 0.075 mm) and medium sand (material between 2.36 mm and 0.425 mm), as well as shell hash. Near 06 and Near 37 sediments also consist of silt and clay.  

The proposed artificial reef project is a new reef network. However, the Corps authorized the deployment of three (3) shallow water artificial reef balls located approximately 5.7 to 6.8 miles west of the Hernando County coastline and 3.8 miles away from the proposed reef site in February 2016 (SAJ-2013-00926).
 

PROPOSED WORK: The applicant seeks authorization to construct a new nearshore artificial reef located approximately 9 miles off the coast of Hernando Beach, Hernando County, Florida. Water depths within the proposed footprint ranged from 11.7-ft to 13.9-ft Mean High-Water (MHW) (NAV 88). The proposed reef will encompass an area of approximately 0.94 acres (40,946 SF). A total of 170 pallet reef balls, each weighing approximately 1,300 pounds, will be deployed across six (6) locations within the Nearshore Reef footprint in various configurations ranging in size from approximately 0.061 acres (2,657 SF) to 0.286 acres (12,458 SF) (Table 1). The reef balls will have a total height of less than half of the water column. Reef balls deployed in nearshore areas will measure approximately 2.75-ft tall by 4.0-ft wide. Project design is depicted in Attachment 1.

Table 1. Number of reef balls, area, and perimeter for six (6) individual deployment locations within the proposed artificial reef footprint off the coast of Hernando County.
 

Hernando County Parks and Recreation Department’s Waterways and Aquatic Services office located at 4146 Pine Dale Court, Hernando Beach, FL, 34607, will serve as the primary staging area / launching area for equipment necessary to deploy the reefs. Transport vessels will utilize the Hernando Beach Channel, a fully marked navigation channel, to travel from the staging area to the offshore channel entrance. Transport vessels will utilize a Geographic Positioning System and an electronic depth display to identify deployment sites. Once at the deployment location, a crane aboard the transport vessel will individually lower each reef ball into the water. SCUBA divers and in water personnel will ensure each reef ball is strategically placed, in order to avoid potential aquatic resources and essential fish habitat in the surrounding vicinity. Deployment of reefs will occur during daylight hours when weather conditions are determined to be suitable. Buoys will be installed that clearly define the boundary of each deployment area prior to deployment of the reef structures. Buoys will be immediately removed, following reef deployment.

The nearshore artificial reef project is proposed in concurrence with three (3) other artificial reef sites. Hernando County is proposing to create two (2) midshore artificial reefs and one (1) offshore artificial reef (SAJ-2024-00859). The north midshore site is currently being reviewed under Corps authorization SAJ-2024-00858 and the south midshore artificial reef currently being reviewed under Corps authorization SAJ-2024-01420.
 

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:

All reef material will be constructed of clean concrete structures and/or limestone rock, free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free-floating material or other deleterious substances. Reef pallets will be positioned on sand and shell hash substrates. The six (6) deployment sites were selected due to the applicant’s ability to place reef balls in areas that avoid surrounding SAV and macroalgae. Structures will be configured and constructed to be stable in a 25-year return interval storm event at the depth of placement. No dredging is proposed or authorized for the placement of the structures. As the clean artificial reef materials are deployed, any turbidity will be minimal, temporary, and localized near the seafloor surface during initial reef placement.
 

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

Eight (8) sites were analyzed for potential artificial reef locations using aerial photography, side scan sonar, multibeam bathymetry, magnetometer sensors, photos and videos, sediment samples, and SCUBA diver observations. The applicant selected six (6) viable deployment locations within the proposed footprint based on the substrate, sediments, and minimal essential fish habitat present within each deployment location. Based on this information, compensatory mitigation should not be required for the proposed project. The Corps will therefore not require mitigation unless additional information is provided that would indicate the need to mitigate for adverse effects.

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 determined the proposed project may affect but is not likely to adversely affect (MANLAA) the West Indian manatee or its designated critical habitat, managed by U.S. Fish and Wildlife Service (USFWS). The project is located within manatee consultation area but is not within Important Manatee Area (IMA) or Warm Water Aggregation Area (WWAA). Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 and Addendum dated May 13, 2019, resulted in the following sequence: A > B > C > G > N > O > P > MANLAA. Pursuant to the key, no further consultation with USFWS is required. The applicant agrees to adhere to the 2011 Standard Manatee Conditions for In-Water Work.

The Corps determined the proposed project may affect but is not likely to adversely affect loggerhead sea turtles, Kemp’s ridley sea turtles, green sea turtles, hawksbill sea turtles, leatherback sea turtles, smalltooth sawfish, gulf sturgeon, and giant manta rays. The Corps evaluated the proposed work utilizing Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017, and determined the project may qualify for a supersede process under JAXBO Activity 7 (A7): Aquatic Habitat Enhancement, Establishment, and Restoration Activities. The Corps will request NMFS Protect Resources Division’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

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 1.0 acre of sandy marine habitat potentially utilized by various life stages of corals (all life stages), shrimp (all life stages), reef fish (all life stages), coastal migratory pelagics (all life stages), red drum (all life stages), Atlantic sharpnose shark (Gulf of Mexico Stock; juvenile and adult), blacknose shark (Gulf of Mexico Stock; all life stages), nurse shark (juvenile and adult), bonnethead shark (Gulf of Mexico stock; all life stages) bull shark (juvenile and adult), blacktip shark (Gulf of Mexico Stock; all life stages), sandbar shark (adult), tiger shark (all life stages), spinner shark (neonate), and lemon shark (adult). 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: 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 Jacksonville District Office, Tampa Permits Section, 701 San Marco Blvd, Jacksonville, FL 32207 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, Rachel S. Somerville, in writing at the Jacksonville District Office, Tampa Permits Section, 701 San Marco Blvd, Jacksonville, FL 32207; by electronic mail at rachel.s.somerville@usace.army.mil; or, by telephone at (904) 232-1444. 

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.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. Issuance of the Florida Department of Environmental Protection general permits (File nos. 2704431 78-001-EG and 27-0443693-001-EG) constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

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 hearin