TO WHOM IT MAY CONCERN:
To simplify and speed processing of Department of the Army permits for minor, substantially similar activities, the Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to reissue the SAJ-112 for coral propagation structures and fills in navigable waters of the U.S. in Florida.
The current RGP will expire on April 6, 2025. The proposed reissuance clarifies and reorganizes the authorized activities and the terms and conditions of the SAJ-112. The draft SAJ-112 is included at the end of this public notice.
Minor activities that would be covered under the SAJ-112 include temporary placement of structures and fill used exclusively for coral propagation for research, restoration, and/or enhancement purposes, pursuant to Section 10 of the Rivers and Harbors Act (33 U.S.C. § 403) and Section 404 of the Clean Water Act (33 U.S.C. § 1344):
Activities would occur within navigable waters of the United States in Florida, not including geographic exclusion areas listed in the permit or areas otherwise excluded by the terms and conditions of the permit.
BACKGROUND:
The Corps originally issued SAJ-112 on April 7, 2020, for coral prorogation structures. This is the first proposed reissuance of this RGP. The Corps has issued 25 permit verifications under the SAJ-112 since it was issued. The majority of the permit verifications were for activities in the U.S. Virgin Islands, but several were located in Puerto Rico and Southeast Florida.
The Corps anticipates continued utilization of the SAJ-112 to address future requests for minor work within the authorized geographic area. This RGP improves efficiencies for the review and verification of minor activities, thus improving service to the regulated public. This RGP will be coordinated with Federal and State resource agencies to address federal laws such as the National Historic Preservation Act and the Fish and Wildlife Coordination Act. This RGP, when renewed, will only apply to state of Florida, due to organization changes. A separate RGP may be issued that applies to Puerto Rico and the U.S. Virgin Islands.
The term “General Permit” means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. After five years, general permits may be reissued, suspended, or revoked.
An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via an individual permit, but the application must be individually evaluated and coordinated with third parties, including the federal and state resource agencies. Review of an application for an individual permit takes additional time to complete as conflict resolution may be required.
AVOIDANCE AND MINIMIZATION INFORMATION:
The SAJ-112 would authorize activities that are minor and commonplace. The proposed terms and conditions of the SAJ-112 require activities proposed for authorization to be minimal in nature and avoid aquatic resources to the maximum extent.
COMPENSATORY MITIGATION:
The SAJ-112 would not authorize activities which would result in losses to special aquatic sites. Due to the minor nature of impacts, no compensatory mitigation will be required for the proposed activities.
CULTURAL RESOURCES:
This permit instrument is not associated with any proposed activity or project, and therefore, the Corps is not making an effect determination to historic properties at this time. Instead, each activity proposed for authorization under the SAJ-112 will be evaluated for compliance with Section 106 of the National Historic Preservation Act (NHPA) and the guidelines of 33 C.F.R. Part 325, Appendix C.
For each activity proposed for authorization under the SAJ-112, the Corps will conduct an individual evaluation of the activity’s potential effects to historic properties and Tribal resources, in accordance with Section 106 of the NHPA and Tribal Trust responsibilities.
No activity shall be authorized under this RGP which is likely to adversely affect historic properties listed on, or eligible for listing on the National Register of Historic Places.
If the proposed activity requires consultation under the NHPA, the proposed activity cannot be authorized under this RGP until consultation with the State Historic Preservation Office and other appropriate consulting parties is initiated and concludes with a determination that the activity will have no effect, or no adverse effect to historic properties.
ENDANGERED SPECIES:
National Marine Fisheries Service:
Each activity considered under the SAJ-112 must comply with the requirements within the National Marine Fisheries Service’s Programmatic Biological Opinion on Effects of Research, Restoration, and Relocation on Threatened Caribbean Corals, dated October 18, 2016, or the most current version.
U.S. Fish and Wildlife Service (Florida):
Each activity considered under the SAJ-112 must meet a programmatic concurrence though the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, dated April 2013 and comply with the must comply with the Standard Manatee Conditions for In-Water Work – 2011.
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. Our initial determination is that the reissuance of the SAJ-112 and subsequent activities to be authorized under the SAJ-112 would not have a substantial adverse impact on EFH or Federally managed fisheries in Florida given the proposed conditions of the SAJ-112 which limit the use of the SAJ-112 to activities which do not result in direct or indirect substantial adverse impacts to EFH. 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. Additionally, through preliminary discussions, the Corps has agreed to furnish copies of verifications to NMFS HCD, when issued, for their records.
WATER QUALITY CERTIFICATION:
The Corps will request general water quality certification from the Florida Department of Environmental Protection.
COASTAL ZONE MANAGEMENT CONSISTENCY:
The Corps will request general coastal zone consistency concurrence from the Florida Department of Environmental Protection.
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 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.
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.
COMMENTS regarding the potential authorization of the SAJ-112 should be submitted in writing to Christian Karvounis at Christian.G.Karvounis@usace.army.mil within 30 days from the date of this notice.
QUESTIONS concerning this public notice should be directed to Christian Karvounis at Christian.G.Karvounis@usace.army.mil, or by telephone at (561)-472-3309.
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