SAJ-2025-01544(SP-GGM)

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at

Gletys.Guardia-Montoya@usace.army. mil

APPLICANT: Hanna Koch

                       Monroe County Board of County Commissioners (BOCC)

                       2798 Overseas Highway

                       Marathon, Florida 33050

WATERWAY AND LOCATION: The project would affect aquatic resources associated with shallow nearshore waters of the Gulf of America.  The project site will be reference on this document as the Monroe County BOCC Habitat Support Structures (HSS)-Middle Keys Artificial Reef. The proposed project areas include three different sites, all within the Florida Keys National Marine Sanctuary (FKNMS) boundaries, in shallow waters of the Gulf.  The location of the three proposed project sites are: 1. Burnt Point P01 site (7.3 nautical miles at a bearing of 64 degrees from the City of Marathon Public Ramp on 33rd Street Gulf); 2. Burnt Point E01 site (7.7 nautical miles at a bearing of 68 degrees from the Marathon Public Ramp on 33rd Street Gulf); and 3. Long Key J01 site (0.43 nautical miles at a bearing of 22 degrees from the Keys Marine Lab boat ramp), Monroe County, Florida. (See Figure 1- Vicinity Map & Coordinates).

APPROXIMATE CENTRAL POINT AND FOUR CORNER POINT COORDINATES:

EXISTING CONDITIONS: The proposed project area is located in open nearshore waters of the Gulf of America, approximately two miles offshore the Florida Middle Keys, in Monroe County, Florida.  The project sites are located within the Florida Keys National Marine Sanctuary (FKNMS) boundaries and inside the Tortugas Shrimp Beds, Closed area to Commercial shrimping.

On 3/26/2025, a team of scientists from Monroe County and FWC conducted a benthic survey for the Long Key project site.  From the data collected, the area can be generally described as being approximately 5 to 7 feet deep, composed of hardbottom covered in a sediment layer varying in depth from 0-15cm (~0-6’’), and having patches of macroalgae, sparsely dispersed blades of -or small isolated patches less than a couple feet wide of- Thalassia seagrass, sparsely dispersed sponges, juvenile lobsters, and very few soft corals. There were a handful of fish sittings. One stone crab, one burfish, and some modern debris from derelict lobster traps were observed. Across the entire area surveyed, there were no observations of queen conch, sawfish, or turtles. Small Siderastrea radians were identified, these were small (~5cm) and sparsely scattered. One S. bournoni ranged in size from a few cm to ~50 cm but were solitary. A few fragments of unattached Porites Porites were observed.

On 3/31/2025, the P01 (Burnt Point) was surveyed. From the data collected, the area is described as being approximately 8 feet deep, composed of hardbottom covered in a thin sediment layer varying in depth from 0-7cm (~0-2.5’’), and having patches of macroalgae, sparsely dispersed blades of - Thalassia seagrass, and sparsely dispersed sponges. Two derelict lobster traps were observed. A few fish & juvenile lobster were observed. Scattered small S. radians and a few S. bournoni colonies were observed. Across the entire area surveyed, there were no observations of queen conch, sawfish, or turtles.

On 4/01/2025, the E01 (Burnt Point) was surveyed. The area is approximately 5 to 8 feet deep, composed of hardbottom covered in a thin sediment layer varying in depth from 0-5cm (~0-2’’), having sparsely isolated patches of macroalgae, very sparsely dispersed blades of Thalassia seagrass, and dispersed sponges. A large mass of green filamentous algae & a couple of stone crab traps were observed. Across all four transects, Multiple fish were observed. There were scattered small S. radians and a few S. bournoni colonies observed. Across the entire area surveyed, there were no observations of queen conch, sawfish, or turtles.

The three proposed Artificial Reef sections are part of an overall Monroe county-wide plan to create a network of separate Artificial Reefs for marine habitat enhancement and to provide new aquatic recreational opportunities while reducing human user conflicts and pressure from other stressed natural areas of the Florida Keys.

PROJECT PURPOSE:

Basic:  The Basic project purpose is to create three Artificial Reef Sections/Habitat Support Structures to test and evaluating habitat support structures and improve aquatic conditions and resources.

Overall:  The overall project purpose is to develop three artificial reef sections in shallow nearshore waters of the Gulf of America in the Florida Middle Keys to test and evaluate habitats support structures (HSS) that functionally mimic and/or replace the intrinsic features of this area that historically provided structural complexity for aquatic habitat in this area.

PROPOSED WORK:  The applicant seeks a 10-year authorization from USACE to develop a shallow nearshore Artificial Reef to be known as the Monroe County BOCC HSS-Middle Keys Artificial Reef. The intent of these Artificial Reef Sections is to conduct a pilot study for deploying and evaluating habitat support structures at three sites offshore the Florida Middle Keys. Each proposed site would have a dimension of 0.25 nautical mile by 0.25 nautical mile encompassing 53 acres of seafloor each, of which less than 1 acre of material would be deployed during the lifetime of the permit for each site. The proposed navigational clearance would be -6.5’ MLLW. All materials will be consistent with the approved Gulf and Atlantic States Marine Fisheries Commission publication “Guidelines for Marine Artificial Reef Material, 3rd edition”, as well as NOAA’s ‘National Artificial Reef Plan’, and FWC’s ‘State of Florida Artificial Reef Strategic Plan’. Limestone boulders are a natural material and the 3-D printed concrete exoforms have been deployed across the country, as part of other artificial reef programs, hybrid reef studies, and shoreline erosion management strategies. If applicable, modules will be constructed with the approved minimum turtle regress standard. All artificial reef/HSS materials shall be clean and free from excess dirt, asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free-floating material or other deleterious substances. Reef materials will have sufficient weight (greater than 500 lbs.) for the reef material to remain stable in storm currents anticipated to occur at the site. All reef materials will be stable and capable of at least a 20-year life expectancy to allow for the material to function as useful marine habitat. Importantly, the structures will be configured in a way to prevent marine life entanglement or entrapment.  Habitat support structures to be deployed at the proposed Artificial Reef sites include limestone boulders sourced from Florida natural limestone quarries and printed concrete modules. The approximate dimensions of all structures will be 3’ L x 3’ W x 1.5’ H (i.e., low relief). Structures will have a maximum height of 2 feet. The height of the structures (i.e., limestone boulders and concrete blocks) will not exceed 0.5m, or ~1.5 feet. Work is in waters of the U.S.

AVOIDANCE AND MINIMIZATION: 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 applicant has agreed to follow all applicable artificial reef project design criteria (PDCs) under the 2017 Programmatic Biological Opinion (JAXBO) for this project.  The deployment of the proposed material is proposed on areas devoid of submerged aquatic vegetation (SAVs) and areas that do not support natural rock outcrops or suitable hard-bottom.  The proposed work will be conducted during daylight hours only. No materials will be dredged as a result of the proposed work. The applicant proposes to develop this artificial reef only with material that is consistent with all required permit conditions and will adhere to follow guidelines set forth in the following best management practice documents: (1) Guidelines for Marine Artificial Reef Materials 2nd Ed. (Association of the Gulf and Atlantic States Marine Fisheries Commissions 2004); (2) National Artificial Reef Plan: Guidelines for Siting, Construction, Development, and Assessment of Artificial Reefs (NOAA 2007); and (3) Guidelines & Management Practices for Artificial Reef Siting, Usage, Construction, and Anchoring in Southeast Florida (Southeast Florida Coral Reef Initiative, Lindberg and Seaman (Ed.), 2010). 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 result on entrapment or entanglement hazard to any species. To ensure that the deployed materials remain in place within the authorized boundaries, only reef materials that weights at least 500 pounds will be deployed at the proposed site.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: A compensatory mitigation plan has not been submitted as unavoidable functional loss to the aquatic environment is not being proposed. Furthermore, 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, federally recognized tribes 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 performed an initial review of the application, the National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may not adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 3.0 acres of submerged aquatic habitat. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

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 structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. 

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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

COMMENTS: 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until August 20, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Gletys  Guardia-Montoya at Gletys.Guardia-Montoya@usace.army.mil.  Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Gletys  Guardia-Montoya, 9900 SW 107th Avenue, Suite #203, Miami, FL 33176.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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