SAJ-2016-02457 (SP-HMM)

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: Okaloosa County

                       c/o Alex Fogg

                       1540 Miracle Strip Parkway SE

                        Fort Walton Beach, FL  32548

WATERWAY AND LOCATION:  The buoy sites are located in the Gulf of Mexico, near the DeSoto Canyon, south southwest of the mouth of East Pass in Destin, ranging between 40 and 80 nautical miles south of the Florida shoreline of Okaloosa County, Florida.

APPROXIMATE COORDINATES:

PROJECT PURPOSE:

Basic:  Mooring

Overall:  Re-authorize an established network of eight (8) mooring buoys in the Gulf of Mexico to enhance recreational fishing opportunities.

EXISTING CONDITIONS: The existing buoy sites are located in the Gulf of Mexico near the DeSoto Canyon, ranging between 40 and 80 nautical miles south of the Florida shoreline. The habitat at each of the proposed buoy locations consist of soft sediments with no natural rock or hard bottom formations. The water depths of the proposed project area range from approximately -689 feet to -1857 feet at mean low water (MLW).

PERMIT HISTORY: The Department of the Army permit number SAJ-2016-02457, dated 4 June 2018, authorized the placement of eight (8) moored surface buoys in the northern Gulf of Mexico. The time limit for completing the work authorized ended on April 9, 2023. The permit was modified on August 31, 2023, and extended the time limit for completing work to March 30, 2025.

PROPOSED WORK:  The applicant seeks to re-authorize the installation of eight (8) surface buoys in the northern Gulf of Mexico to enhance recreational fishing opportunities. The buoy and mooring system will be designed to withstand the oceanographic conditions within the project area for the proposed design lifespan, approximately 5 to 7 years, after which the buoy and mooring system will either be removed, replaced or maintained if the design lifespan of the buoys can be extended due to relatively calm periods in the Gulf of Mexico. Each buoy will include the following: Coast Guard approved solar-powered light, integrated radar reflection, and a remotely tracked GPS signaling device (for buoy retrieval in the event of mooring system failure). One of the buoys may be a designed vessel mooring buoy and others may be slightly modified to carry an additional limited amount of scientific equipment. Additional buoy design criteria include mooring line material consisting of rope, chain, and/or cable that is stiff, taut, and non-looping. A breakaway swivel/shackle will to be placed at or close to the mooring line point of attachment to the buoy to ensure a minimal amount of line remains attached to the buoy should a break occur. Flexible in-water lines, such as nylon rope will be encased in a synthetic or natural polymer to add rigidity and prevent the line from looping and tangling. Mooring components will consist of heavy gauge steel shackles, chains, and swivels which would sink to the bottom should a break occur. The anchor will to be composed of heavy gauge steel (e.g., train wheels) and/or concrete.  The applicant is requesting a permit duration of 10-years.

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 selected a site that is devoid of natural rock outcrops or hard bottom formations.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  Impacts to special aquatic sites are not proposed. Therefore, the applicant did not provide a compensatory mitigation plan.

CULTURAL RESOURCES:  The Corps is not aware of any known historic properties within the permit area.  By copy of this public notice, the Corps is providing information for review.  Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect Gulf Sturgeon (Acipenser oxyrinchus desotoi), smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostris), West Indian manatee (Trichechus manatus), and swimming sea turtles, including green turtle (Chelonia mydas), hawksbill (Eretmochelys imbricate), Kemp’s ridley turtle (Lepidochelys kempii), leatherback turtle (Dermochelys coriacea), loggerhead turtle (Caretta caretta). The Corps will request U.S. Fish and Wildlife and the 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 unvegetated marine bottom in the Gulf of Mexico which may be utilized by various life stages of species within the following Fisheries Managements Plans (Shrimp, Reef Fish, Stone Crab and Coastal Migratory Pelagics). 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.

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. 

AUTHORIZATION FROM OTHER AGENCIES:  Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida, 32502 within 21 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, Holly Millsap, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, FL 32502, by electronic mail at Holly.M.Millsap@usace.army.mil,  or by telephone at (850) 470-9823. 

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.  A permit will be granted unless its issuance is found to be contrary to the public interest.

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.