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: DOC/NOAA/NOS/FKNMS
c/o Andrew Bruckner
33 East Quay Road
Key West, FL 33040
WATERWAY AND LOCATION: The project will affect waters of the United States associated with the Atlantic Ocean. The project site is located within state and federal open waters of the Atlantic Ocean, within the boundaries of the Florida Keys National Marine Sanctuary (FKNMS), in Monroe County, Florida. The project sites include 1) the seven Mission: Iconic Reef sites in the Upper, Middle and Lower Keys (five offshore bank-barrier reefs and aggregate patch reefs (Carysfort North and South, Horseshoe Reef, Sombrero, Looe, Eastern Dry Rocks), and two mid channel sites (Cheeca Rocks and Newfound Harbor); and 2) Eight permitted partner coral nursery locations in the Upper, Middle and Lower Keys (Sand Key, M32, Looe Key, Marathon, Tavernier, Islamorada, Key Largo and Carysfort). See Appendix 1 for maps and coordinates.
Directions to the site are as follows: The project sites are only accessible by boat, either from the FKNMS Key West Marina or from Marathon or Key Largo docks. See enclosed maps and coordinates.
APPROXIMATE CENTRAL COORDINATES:
Mission: Iconic Reef sites: Latitude: Longitude:
Carysfort North Reef 25.223927° N, -80.20822° W
Carysfort South Reef 25.206985° N, -80.21999° W
Cheeca Reef 24.904386° N, -80.61546° W
Sombrero Reef 24.62524° N, -81.10948° W
Looe Reef 24.545617° N, -81.40392° W
Newfound Reef 24.61511° N, -81.38408° W
Horseshoe Reef 25.13782° N, -80.29468° W
Eastern Dry Rocks [shallow] 24.46186° N, -81.84101° W
Eastern Dry Rock [deep] 24.462135° N, -81.83965° W
Permitted Coral Nurseries Sites Operated by:
Sand Key-Mote Marine Lab 24.45782° N, -81.88595° W,
M 32-CRF 24.4794° N, -81.7755° W,
Marathon-FWC 24.655802° N, -81.01871° W,
Looe Key-Mote Marine Lab 24.56269° N, -81.40015° W,
Tavernier-Reef Renewal 24.981° N, -80.4388° W,
Carysfort-CRF 25.235167° N, -80.21383° W,
Islamorada-Mote Marine Lab 24.88973° N, -80.56537° W,
Key Largo-Mote Marine Lab 25.08286° N, -80.31265° W,
PROJECT PURPOSE:
Basic: The basic project purpose is to install scientific devices in open waters of the Atlantic Ocean to collect long term, in real time data of seafloor and surface water temperatures.
Overall: The overall project purpose is to deploy scientific devices to track and document changes in water temperature in open waters of the Atlantic Ocean, Monroe County, Florida.
EXISTING CONDITIONS: The target areas for deployment are in open waters of the Atlantic Ocean within waters of the FKNMS. All proposed seventeen structures will be placed in sandy sea-bottom only. Each proposed area was examined to ensure it did not provide essential features for listed corals and no ESA-listed corals were located within a minimum of 20 m radius from the central point of each proposed location. Sites were selected that were covered in sand and/or dense turf/macroalgae and sediment.
PROPOSED WORK: The applicant seeks a 10-year authorization to install a total of seventeen (17) new real-time SoFar buoys with temperature sensors to track and document temperature changes in surface and bottom seawater. Please see Attached supporting detailed description of the proposed work, associated work plans and proposed best management practices (BMPs). 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 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 20-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. See Attached supporting detailed description of proposed BMPs.
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 42.07 square feet 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 July 24th, 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.
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 may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 44-443698-001.
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.