26-Dept. of the Army Permit SAJ-1999-05545 (SP-GGL) Modification 19 Dec 2022.pdf

Regulatory Division South Branch Palm Beach Gardens Section

SAJ-1999-05545(MOD-LCK)

Modification-1

Broward County Board of County Commissioners Attn: Samantha Danchuk (Natural Resource Administrator) 115 South Andrews Ave.

Ft. Lauderdale, FL 33301

Dear Ms. Danchuk:

The U.S. Army Corps of Engineers (Corps) has completed the review and evaluation of your modification request, received on January 18, 2022, in which you asked to revise the plans authorized by Department of the Army permit number SAJ-1999-05545, issued to Broward County Board of County Commissioners, dated April 8, 2015. The mitigation artificial reef is located offshore of Broward County within the Atlantic Ocean, within two general areas approximately 1,700 linear feet offshore of Florida Department of Environmental Protection (FDEP) monuments R-47.5 and R-50.5 and between R-

51.5 and R-54.5.

APPROXIMATE CENTRAL COORDINATES:

North Mitigation Reef Latitude Longitude

Center Point ID 26.193933 -80.08980

The proposed modification is to extend the construction window for the required construction of the compensatory mitigation reef for an additional five (5) years per the Biological Monitoring and Mitigation Plan that contains updated dates and figures. The applicant shall create 6.64 acres of mitigation reef within a 10-acre footprint, in the form of a low relief artificial reef that consists of approximately 4,000 modules of concrete slab with limestone cobbles (each approximately 72 square feet) to compensate for 4.9 acres of impact to nearshore hardbottom from the placement of fill material associated with the Broward County Segment II beach renourishment. The constructed reefs shall maintain a minimum clearance of 6-feet of navigational clearance relative to the Mean Lower Low Water (MLLW). The expiration date for this modification is April 8 2027.

The modification must be completed in accordance with the three (3) enclosed construction drawings and the revised special conditions, which are incorporated in, and made a part of the permit:

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

440 PGA BOULEVARD, SUITE 500

PALM BEACH GARDENS, FL 33410

December 19, 2022

REPLY TO

ATTENTION OF

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1. Reporting Addresses: The Permittee shall reference this permit number, SAJ-1999- 05545 (SP–LCK), on all correspondence. Unless specifically notified to the contrary, the Permittee shall use the following addresses for transmitting correspondence to the referenced agencies:

a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

b. National Oceanic and Atmospheric Administration Marine Chart Division Office of Coast Survey, N/CS26, Sta. 7317 1315 East-West Highway Silver Springs, MD 20910-3282 or email (preferred) at ocs.ndb@noaa.gov

c. Commander, U.S. Coast Guard (USCG) lisia.j.kowalczyk2@uscg.mil

d. Florida Fish and Wildlife Conservation Commission Artificial Reef Program 620 S. Meridian Street, Box 4B2 Tallahassee, Florida 32399

Or email at artificialreefdeployments@MyFWC.com

2. Initial Agency Notification: The Permittee shall provide to the U.S. Army Corps of Engineers (Corps), National Oceanic and Atmospheric Administration (NOAA), and U.S.

Coast Guard (USCG) written notification of the planned deployment start date at least 2 weeks prior to the initial deployment on the authorized artificial reef site.

3. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused mailto:SAJ-RD-Enforcement@usace.army.mil mailto:lisia.j.kowalczyk2@uscg.mil mailto:artificialreefdeployments@MyFWC.com

-3-thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

4. Local Notice to Mariners: The contractor is required to contact the United States Coast Guard office a minimum of 2 weeks prior to commencement and provide locations affected, equipment, hours of operation, and duration of the project so that the information can be published in the Local Notice to Mariners.

5. Permit Availability: The Permittee shall provide all contractors associated with construction of the authorized activities a copy of the permit, drawings, and attachments. A copy of the permit shall be available on the work vessels and at the construction site at all times.

6. Agency Changes/Approvals: Should any other agency require and/or approve changes to the work authorized or obligated by this permit, the Permittee is advised a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee’s responsibility to request a modification of this permit from the Palm Beach Gardens Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit.

7. Authorized Reef Materials: No reef materials or module will weigh less than 500 pounds. Reef materials shall be clean and free from asphalt, petroleum, other hydrocarbons and toxic residues, loose free-floating material or other deleterious substances. All artificial reef materials and/or structures will be selected, designed, constructed, and deployed to create stable and durable marine habitat. The Permittee shall deploy only the following authorized reef materials:

a. Prefabricated artificial reef modules composed of ferrous and/or aluminum-alloy metals, ¼ inch or more in thickness, concrete, rock, or a combination of these materials.

b. Natural rock boulders and other pre-cast concrete material such as culverts, stormwater junction boxes, power poles, railroad ties, jersey barriers, or other similar concrete material.

c. Clean steel and concrete bridge or large building demolition materials such as slabs or pilings with all steel reinforcement rods severed as close to the concrete surface as possible but not to extend more than 6 inches to ensure the rod will not create a fishing tackle or diver ensnaring hazard.

d. Heavy gauge ferrous & aluminum alloy metal material components or structures, ¼ inch or more in thickness, such as utility poles and antenna towers.

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e. Heavy gauge ferrous and aluminum alloy metal hulled vessels which equal or exceed 60 feet hull length prepared and deployed in accordance with all applicable U.S. Coast Guard, U.S. Environmental Protection Agency, Florida Fish and Wildlife Conservation Commission, or other applicable state or federal agency regulations or policies. The vessel shall not be deployed until all necessary inspections and clearances have been obtained or waived and a stability analysis has been completed demonstrating the vessel will be stable during a 50-year storm event based on vessel and deployment site characteristics. The Permittee shall follow the national guidance regarding preparation of vessels for deployment as artificial reefs which are available at http://www.epa.gov/owow/oceans/habitat/artificialreefs/index.html. The Permittee shall provide a record of all inspections, clearances or waivers to the Corps along with the pre-deployment notification.

8. Reef Parameters: The Permittee shall deploy all reef materials within the site boundaries as defined in the attached drawings. A minimum clearance of six feet from the top of the deployed material relative to mean low water (MLW) shall be maintained.

9. Emergency Reef Parameters Notification: In the event reef material is deployed in a location or manner contrary to the Reef Parameters Special Condition, the Permittee shall immediately notify the USCG Station and provide information as requested by the station. The Permittee shall notify NOAA, USCG and Corps in writing within 24 hours of the occurrence. The written notification shall include but is not limited to a timeline of events leading to the unanticipated deployment, a description of the material, a description of the vessel traffic in the area, the deployment location in nautical miles at compass bearing from obvious landmarks, the location of the unauthorized material in latitude and longitude coordinates (degree, minute, decimal minute format to the third decimal place), and the water depth above the material from MLW. The document will list the information provided by telephone to the USCG as noted above and include the time of the call and the name of the USCG personnel receiving the information.

10. Protection of Existing Resources: The Permittee shall not deploy artificial reef materials until an assessment of the bottom conditions have been accomplished by diver, submersible video camera, fathometer, depth/bottom sounder (e.g. “fish finder”), or side-scan sonar. The inspection of the deployment area may occur at the time of deployment, but no more than 1 year prior to deployment. The Permittee shall maintain a deployment buffer of at least 50 feet from any submerged beds of seagrasses, coral reefs, live bottom, areas supporting growth of sponges, sea fans, soft corals, and other sessile macroinvertebrates generally associated with rock outcrops, oyster reefs, -5-scallop beds, clam beds, or areas where there are unique or unusual concentrations of bottom-dwelling marine organisms. Should the assessment find any evidence of cultural/archaeological resources such as sunken vessels, ballast, historic refuse piles, or careenage areas, the Permittee shall also maintain a deployment buffer of at least 50 feet from any of these resources.

The Permittee shall provide of the information obtained from the assessment to the Corps no less than 14 days prior to deployment of material on an artificial reef in conjunction with the pre-deployment notification.

11. Pre-Deployment Notification: No less than 14 days prior to deployment of material on an artificial reef, the Permittee shall transmit by electronic mail (“email”) a complete and signed “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form (Attachment), to the Corps and Florida Fish and Wildlife Conservation Commission (FWC) to allow inspection of the proposed reef materials as deemed necessary by the agencies. Inspection is allowable at the staging area. By signing the Pre-Deployment Notification, the Permittee certifies all materials are free from asphalt, petroleum, other hydrocarbons and toxic residues. The Permittee shall not deploy material if notified by the Corps or FWC that the material is questionable. The material needs to be evaluated before it is released for deployment. Any material deemed unacceptable for reef material will be disposed in an approved upland disposal site.

Deployment of the material shall not occur until after the end of the 14-day inspection period. The Permittee shall ensure both a copy of this permit and the signed “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form are maintained aboard the deployment vessel at all times during loading, transit, and deployment.

12. Post-Deployment Placement Report/As-Built Drawing: Within 30 days after deployment of materials, the Permittee shall transmit by email to the Corps, FWC, and NOAA a complete and signed “Florida Artificial Reef Materials Placement Report and Post-Deployment Notification” form (Attachment). Please note, the Corps requires the latitude and longitude to be accurate within 5 meters horizontal distance on the post-deployment report. The report shall include an as-built drawing containing the approximate deployment configurations and the height of the material after placement.

Depth shall be verified utilizing fathometer, depth sounder, or similar device accurate to within 1 meter. Also, include information on the condition of the material at the time of deployment. The report and drawing shall be limited to a few pages per deployment.

Representative photographs and/or video, if available, should be submitted.

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13. Ownership/Maintenance/Liability: By signing this permit, the Permittee certifies and acknowledges ownership of all artificial reef materials deployed on the reef, accepts responsibility for maintenance of the artificial reef, and possesses the financial ability to assume liability for all damages that may arise with respect to the artificial reef.

14. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment). The most recent version of the Manatee Conditions must be utilized.

15. Manatee Protection: The Permittee shall ensure wharf fenders are installed to reduce the risk of a vessel injuring a manatee. The wharf fenders shall be installed with appropriate materials to provide sufficient standoff space of at least 3 feet under compression. Fenders or buoys providing a minimum standoff space of at least 3 feet under compression shall be utilized between two vessels moored together.

16. Protected Species Construction Conditions: The Permittee shall comply with National Marine Fisheries Service’s “Protected Species Construction Conditions, NOAA Fisheries Southeast Regional Office” dated May 2021 (Attachment).

17. All work shall occur during daylight hours.

18. Work Vessel Anchoring: The attached drawings identifies the location of hardbottom documented at the project site. This permit does not authorize construction work vessels anchoring or spudding down in areas where hardbottom is present.

19. As-Built Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall submit as-built drawings of the authorized work and a completed “As-Built Certification by Professional Engineer or Surveyor” form (Attachment) to the Corps. The as-built drawings shall be signed and sealed by a registered professional engineer or surveyor and include the following:

a. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with an overlay of the work as constructed. The plan view drawing should show all existing water management structures and the completed structures, dredge/fill activities, and wetland impacts.

b. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached “As-Built Certification by Professional Engineer” form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the

-7-as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or “As-Built Certification by Professional Engineer” form does not constitute approval of any deviations by the Corps.

c. The Department of the Army permit number on all sheets submitted.

20. Compensatory Mitigation: The construction and implementation of the mitigation activities shall be in accordance with the final compensatory mitigation plan/Biological monitoring plan updated August 2022 (Attachment). Within 90-days from the date of initiating the work authorized by this permit, the Permittee shall construct a 5.7-acre mitigation reef comprised of concrete/limestone modules. The modules shall be placed in single non-stacked layer at least 2-feet high relative to MLLW to ensure no adverse effects on navigation. The construction of the mitigation reef shall be completed within six months of construction commencement.

21. Monitoring and Reporting Timeframes: To document achievement of the performance standards identified in the approved mitigation plan (Attachment) and Compensatory Mitigation Special Condition of this permit, the Permittee shall complete the following:

a. Perform a time-zero monitoring event of the mitigation reefs within 60 days of completion of the compensatory mitigation construction and implementation activities identified in the Compensatory Mitigation Special Condition of this permit.

b. Submit the time-zero report to the Corps within 60 days of completion of the monitoring event. The report will include at least one paragraph depicting baseline conditions of the mitigation site(s) prior to initiation of the compensatory mitigation objectives and a detailed plan view drawing of all created, enhanced and/or restored mitigation areas.

c. Subsequent to completion of the compensatory mitigation objectives, perform semi-annual monitoring of the aquatic resource mitigation areas for the first 2 years and annual monitoring thereafter for a total of no less than 5 years of monitoring.

d. Submit annual monitoring reports to the Corps within 60 days of completion of the monitoring event. Semi-annual monitoring will be combined into one annual monitoring report.

e. Monitor the mitigation area(s) and submit annual monitoring reports to the Corps until released in accordance with the Mitigation Release Special Condition of this permit.

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22. Reporting Format: The Permittee shall submit all monitoring documentation to the Corps on 8½-inch by 11-inch paper, and include the following:

a. Project Overview:

(1) Department of the Army Permit Number

(2) Name and contact information of Permittee and consultant

(3) Name of party responsible for conducting the monitoring and the date(s) the inspection was conducted

(4) A brief paragraph describing the purpose of the approved project, acreage and type of aquatic resources impacted, and mitigation acreage and type of aquatic resources authorized to compensate for the aquatic impacts.

(5) Written description of the location, any identifiable landmarks of the compensatory mitigation project including information to locate the site perimeter(s), and coordinates of the mitigation site (expressed as latitude, longitude, UTMs, state plane coordinate system, etc.).

(6) Dates compensatory mitigation commenced and/or was complete.

(7) Short statement on whether the performance standards are being met.

(8) Dates of any recent corrective or maintenance activities conducted since the previous report submission

(9) Specific recommendations for any additional corrective or remedial actions.

b. Requirements: List the monitoring requirements and performance standards, as specified in the approved mitigation plan and special conditions of this permit, and evaluate whether the compensatory mitigation project site is successfully achieving the approved performance standards or trending towards success. A table is a recommended option for comparing the performance standards to the conditions and status of the developing mitigation site.

c. Summary Data: Summary data should be provided to substantiate the success and/or potential challenges associated with the compensatory mitigation project. Photo documentation may be provided to support the findings and recommendations referenced in the monitoring report and to assist the PM in assessing whether the compensatory mitigation project is meeting applicable performance standards for that monitoring period. Submitted photos should be formatted to print on a standard 8½-inch x 11-inch piece of paper, dated, and clearly labeled with the direction from which the photo was taken. The photo location points should also be identified on the appropriate maps.

d. Maps and Plans: Maps shall be provided to show the location of the compensatory mitigation site relative to other landscape features, habitat types, locations of

-9-photographic reference points, transects, sampling data points, and/or other features pertinent to the mitigation plan. In addition, the submitted maps and plans should clearly delineate the mitigation site perimeter(s). Each map or diagram should be formatted to print on a standard 8½-inch x 11-inch piece of paper and include a legend and the location of any photos submitted for review. As-built plans may be included.

e. Conclusions: A general statement shall be included that describes the conditions of the compensatory mitigation project. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions proposed by the Permittee or sponsor, including a timetable, shall be provided. The District Commander will ultimately determine if the mitigation site is successful for a given monitoring period.

21. Remediation: If the compensatory mitigation fails to meet the performance standards within (3) three years after completion of the compensatory mitigation objectives, the compensatory mitigation will be deemed unsuccessful. Within 60 days of notification by the Corps that the compensatory mitigation is unsuccessful, the Permittee shall submit to the Corps an alternate compensatory mitigation proposal sufficient to create the functional lift required under this permit. The alternate compensatory mitigation proposal may be required to include additional mitigation to compensate for the temporal loss of aquatic resource functions associated with the unsuccessful compensatory mitigation activities. The Corps reserves the right to fully evaluate, amend, and approve or reject the alternate compensatory mitigation proposal.

Within 120 days of Corps approval, the Permittee will complete the alternate compensatory mitigation proposal.

23. Mitigation Release: The Permittee’s responsibility to complete the required compensatory mitigation, as set forth in the Compensatory Mitigation Special Condition of this permit will not be considered fulfilled until mitigation success has been demonstrated and written verification has been provided by the Corps. A mitigation area which has been released will require no further monitoring or reporting by the Permittee; however the Permittee, Successors and subsequent Transferees remain perpetually responsible to ensure that the mitigation area(s) remain in a condition appropriate to offset the authorized impacts in accordance with General Condition 2 of this permit.

24. Cultural Resources/Historic Properties:

a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP), or those eligible for inclusion in the NRHP.

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b. If, during permitted activities, items that may have historic or archaeological origin are observed the Permittee shall immediately cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. The applicant shall notify both the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333 and the Corps, of the observations within the same business day (8 hours).

Examples of submerged historical, archaeological or cultural resources include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other evidence of human activity. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Corps.

b. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.

c. In the unlikely event that unmarked human remains are identified on non-federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the SHPO and from the Corps.

d. A professional archaeologist who meets the "Archaeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines” shall be onsite during the initial ground-disturbing activities. The professional archaeologist shall be

-11-responsible for monitoring the spoil and ground disturbance for significant archaeological deposits. Should potential significant archaeological deposits (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement) recovery be encountered, all work and ground disturbing activities must cease within a 100-meter diameter of the discovery to allow for proper assessment, recording, and recovery of the cultural deposits in a professional manner. The archaeologist on site shall notify the Permittee, SHPO, and the Corps the same business day (8-hours) to assess the significance of the discovery and devise appropriate actions, including salvage operations. Upon completion of the monitoring activities, an archaeological letter must be submitted to Florida’s Division of Historical Resources, along with an updated Florida Master Site File form. The archaeologist shall submit notification of such action, in the form of the Cultural Resource Certification, to the Corps and RD- Archaeologist for inclusion in the administrative record.

e. If prehistoric or historic artifacts such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333.

Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

The impact of your proposal on navigation and the environment has been reviewed and found to be insignificant. The permit is hereby modified in accordance with your request. You should attach this letter to the permit. All other conditions of the permit remain in full force and effect.

If you have any questions concerning this permit modification, please contact the project manager Linda C. Knoeck at the letterhead address, by electronic mail at Linda.C.Knoeck@usace.army.mil.

Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our

-12-environment. We invite you to complete our automated Customer Service Survey at https://regulatory.ops.usace.army.mil/customer-service-survey/. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:

James L. Booth Colonel, U.S. Army District Commander

Enclosures:

Updated Project drawings Pre and Post Deployment Notification Forms As-Built Certification Manatee Construction Conditions Protected Species Construction Conditions cc:

SKEDZUF@broward.org cmiller@coastaleco-group.com NOAA Charting paul.gionis@noaa.gov

CESAJ-RD-PE

for:

https://regulatory.ops.usace.army.mil/customer-service-survey/ mailto:SKEDZUF@broward.org mailto:cmiller@coastaleco-group.com mailto:paul.gionis@noaa.gov

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND

REQUEST FOR APPEAL

Applicant: Broward County Board of County Commissioners File Number: SAJ-1999-05544 Date: 12/19/2022

Attached is: See Section below

INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A

PROFFERED PERMIT (Standard Permit or Letter of permission) B

PERMIT DENIAL C

APPROVED JURISDICTIONAL DETERMINATION D

PRELIMINARY JURISDICTIONAL DETERMINATION E

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.

Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331.

A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.

• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.

B: PROFFERED PERMIT: You may accept or appeal the permit

• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.

• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.

• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer.

This form must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.

http://www.usace.army.mil/CECW/Pages/reg_materials.aspx

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record.

POINT OF CONTACT FOR QUESTIONS OR INFORMATION:

If you have questions regarding this decision and/or the appeal process you may contact:

Project Manager as noted in letter

If you only have questions regarding the appeal process you may also contact:

Philip A. Shannin 404-562-5136

RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations.

Signature of appellant or agent.

Date: Telephone number:

Latitude (DD) Longitude (DD)

1-Cen ter 954637 6n224 26.193933 -80.089800

2 954417 678767 26.198181 -80.090440

3 954486 26.198302 -80.090226

5 7 817 -80.0

5 5 2 .1 -80.0

26.1 -80.0

7 954780 678231 26.196699 -80.089343

8 954817 678533 26.197531 -80.089223

9 954851 678530 26.197521 -80.089120

10 954867 678191 26.196589 -80.089079

1 7 2 -80.0

2 6 3 2 .1 5217 -80.0 6

13 2 6.1 12 . .0 10

14 954836 676896 26.193026 -80.089202

15 954851 676676 26.192423 -80.089161

16 954844 675938 26.190390 -80.089196

17 954739 675654 26.189613 -80.089522

675801 26.190017 -80.089722

5 2 .1 2 -80.

2 1 7 -80.

26.1 19 -80.

954342 6m45 26.195373 -80.090690

23 954398 678000 26.196073 -80.090512

0 Perimeter Points - North Mitigation Artificial Reef * Center Point - North Mitigation Reef Area

Artificial Reef Constructed as of March 2022 i: :■ (delineated by CEG from 11/23/2021 aerial photography) (3 2 acres gross)

North Mitigation Artificial Reef Placement Area Limits

■ ■ Construction Equipment Access Corridor

Benthic Habitats (FWC Unified Florida Reef Tract Map, Jan. 2017)

- Artificial

- Colonized Pavement-Shallow

Ridge-Shallow

N

A

I 0 90

600 Feet

I I

180 Meters

Broward County Segment II Beach Nourishment Project North Mitigation Artificial Reef Placement Area

Figure 3a

P9

P8 P7 P6

P5 P4 P3

P2 P1

P0

P19

P17 P16

P14 P12

P11 P10

R-49

R-48

R-47

0 780 Feet

0 240 Meters

!. FDEP R-Monuments !( Mooring Pile Locations

Construction Equipment Access Corridor Artificial Reef Constructed as of March 2022 (delineated by CEG from 11/23/2021 aerial photography) (3.2 acres gross) North Mitigation Artificial Reef Placement Area Limits

Suitable Reef Deployment Sub-Areas Primary Area (10.2 acres) Secondary Area (2.7 acres)

Benthic Habitats (FWC Unified Florida Reef Tract Map, Jan. 2017)

Ridge-Shallow

R-50

R-49

R-48

0.2 Miles

Area of Detail

0 320 640 Feet

0 100 200 Meters

Broward County Segment II Beach Nourishment Project North Mitigation Artificial Reef Placement Area Suitable Reef Deployment Sub-Areas Based on Sand Depth Probes (Resolve, June 2021) and Reef Constructed as of March 2022

Mooring Pile Latitude (DD) Longitude (DD) Installation Date P0 26.197515 -80.089130 6/14/2021 P1 26.198203 -80.089995 6/13/2021 P2 26.198245 -80.090394 6/13/2021 P3 26.196994 -80.089124 6/11/2021 P4 26.197007 -80.089941 6/11/2021 P5 26.197006 -80.090562 6/11/2021 P6 26.196009 -80.088928 6/12/2021 P7 26.196017 -80.089713 6/10/2021 P8 26.196025 -80.090483 6/10/2021 P9 26.195121 -80.089136 6/12/2021

P10 26.195122 -80.089891 6/13/2021 P11 26.195133 -80.090678 6/13/2021 P12 26.194083 -80.089571 6/12/2021 P14 26.194167 -80.090552 6/13/2021 P16 26.193114 -80.089692 6/12/2021 P17 26.193145 -80.090420 6/12/2021 P19 26.192500 -80.089786 6/12/2021

Aerial Source/Date:

Olsen Associates/Nearmap November 23, 2021

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-17

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-24

-25

SECTION 8-8'

NOTE: SETTLEMENT OF

MTT/G/1 TION UN/TS IS liXPECTED

SECTION A-A' MITIGATION UNIT (TYP.)1

NOTE: SSTTLEMENTOF ;I ,

MIT/GA TION UNITS IS EXPECTED

SEAFLOOR (TY!'.)

. •. '(:SAN~.: . ~-.· ••.

---------MITIGIITION IJNITPt.ACEMl;l'/r IIREA---------1 50' OFF6ET(TYP.)---+-o----------------PROJECTAREA-----------------i--

NO CONTACT Wmt SEAFLOOR SHAU.

OCCUR OUTSIDE OF THE PROJECT AREA

20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320 340

HORIZONTAL DISTANCE (FT)

MITIGATIQ/,i UNIT (TYP.)

I I I w

-21 50' OFFSET(TYP.)-------------------------------------- :PROJECTAREA-----------------------------------ii---scroFFSET(TYP.)

NO CONTACT WITH SEAFLOOR S/'IAU.

-22

0 20 40 60

NOTES:

1) DATE OF S EISMIC SUEH!OTTOM SURVEY BY CB&I: JULY 2014.

2) ELEVATIONS IN FEET RELATIVE TO NAVD88

3) HORIZONTAL DATUM IS Fl STATE PLANE (NAD83) IN FEET.

•15 ro co -16

~ z -17

~ -18 z O -19 i ...J

UJ

-20

-21

OCCUR OVTSIDE OF THE PROJECT AREA

120 140 160 180 200 220 240 260 280 300 320 340

HORIZONTAL DISTANCE (FT)

SECTION C-C' MITIGATIONUNIT(TYP.) l i ~

NOTE· ScTTLEMEN'tOF /

MITIGATION UNITS 15 EXPECTED

SEAFLOOR (TYP.)

lULJ_jLJJ!.~~~~~

SO'OFFSET(TYP.J---+-1--------------PROJECT AREA--------------+-o--50' OFFSET\TYP.)

NO CONTACT WITH SEAFI..OOR SHALL

20 40 60 80

OOGUR OUTSIDE OF THE PROJECT AREA

100 120 140 160 180

HORIZONTAL DISTANCE (FT)

CHRISTOPHER G. CREED. P.E.

FL49445

LTT,

200 220 240

REVISIONS

DESCRIPTION

360 380 400

260 280 300

BY DATE APPRVD

420 440 460

Joint Venture olsen ..... ,. ,v, -· .

2481 N\VBocaijata!Boulevan:1 '261~·Hffldlelsnet BocaRaton.Ftolila.Ml31 J<'IS6CH"IVlle. fL32204

COANQ.4028· C0Ar,,b._J49l

480 500

BROWARD COUNTY. FLORIDA

SHORE PROTECTK>N PROJECT

SEGMENT II

NEARS HORE HARDBOTTOM MITIGATION

TYPICAL CROSS SECTIONS

DRAWN 8 \': Ml. DATE: 02/13/20 '7

OHECKEDBV: DATE:

REVJSEOSY: DATE;

SHEET

1 0 of 12

BIOLOGICAL MONITORING PLAN

FOR THE

BROWARD COUNTY SHORE PROTECTION PROJECT

SEGMENT II

FDEP PERMIT NUMBER: 0314535-001-JC

USACE PERMIT NUMBER: SAJ-1999-05545 (SP-GGL)

AUGUST 29, 2014

REVISED APRIL 23, 2015

REVISED MARCH 2022

BROWARD COUNTY SHORE PROTECTION PROJECT SEGMENT II

i

CB&I COASTAL PLANNING & ENGINEERING, INC.

TABLE OF CONTENTS

INTRODUCTION

1.0 NEARSHORE HARDBOTTOM MONITORING

1.1 Intent

1.2 Methods

1.2.1 Nearshore Hardbottom Edge Mapping

1.2.2 150-m Shore-Perpendicular Transects

1.2.2.1 Benthic Ecological Assessments

1.2.2.2 Line-Intercept

1.2.2.3 Interval Sediment Depth

1.2.2.4 Video and Photo Documentation

1.2.2.5 Transect Locations

1.2.3 Monitoring Schedule

1.2.4 Reporting

2.0 LISTED CORAL SPECIES MONITORING

2.1 Intent

2.2 Methods

2.2.1 Pre-Construction Survey

2.2.2 Post-Construction Monitoring

2.2.2.1 Site Selection

2.2.2.2 Methodology

2.3 Monitoring Schedule

2.4 Reporting

3.0 MITIGATION MONITORING

3.1 Intent

3.2 Methods

3.2.1 30-m Transects

3.2.1.1 Benthic Ecological Assessments and Video Documentation

3.2.1.2 Line-Intercept

3.2.1.3 Transect Locations

3.2.2 Artificial Reef Mapping

3.2.3 Success Criteria

3.3 Monitoring Schedule

3.4 Reporting

4.0 RELOCATED CORAL COLONY MONITORING

4.1 Intent

ii

CB&I COASTAL PLANNING & ENGINEERING, INC.

4.2 Methods

4.3 Monitoring Schedule

4.4 Reporting

5.0 TURBIDITY MONITORING

6.0 LITERATURE CITED

FIGURES

1 Permanent Transect Location Map ……………………………………………………………………………….4

2 Listed Coral Survey Areas and Permanent Monitoring Station Locations……………………..24

3a North Mitigation Reef Placement Area…………………………………………………………………………39

3b Proposed South Mitigation Reef Placement Area…………………………………………………………40

3c North Mitigation Artificial Reef Placement Area Suitable Reef Deployment Sub-Areas

Based on Sand Depth Probes (Resolve, June 2021) and Reef Constructed as of March

2022……………………………………………………………………………………………………………………………..42

4 Impact Area Temporary Benthic Transect Locations……………………………………………….……46

5 Temporary Line-Intercept Transect Locations with Water Depths at Transect

Endpoints during the 30% Complete Survey of the North Mitigation Artificial Reef on October 7, 2021………………………………………………………………………………………….………….56

TABLES

1 Locations of permanent nearshore hardbottom transects with lengths and number of quadrat samples

2 Monitoring schedule for nearshore hardbottom monitoring transects

3 List of the Acropora spp. monitoring sites within each of the four zones with distance east of the hardbottom (HB) edge

4 Locations of 30-m temporary transects in the impact areas (IMP) surveyed in 2016

5 Monitoring schedule and tasks to be completed during each mitigation monitoring event

6 Monitoring schedule of relocated coral colonies

INTRODUCTION

This Biological Monitoring Plan was prepared in compliance with the Broward County Shore

Protection Project (SPP) Segment II Florida Department of Environmental Protection (FDEP)

Permit Number 0314535-001-JC, Specific Condition 5e which calls for a Department-Approved

Biological Monitoring Plan.

Proposed Project

The proposed Segment II Project involves:

1. Nourishment of the beach in Pompano Beach and Lauderdale-By-The-Sea (LBTS) from

FDEP Range monument R-36 to R-41.3;

2. Nourishment of the beach in LBTS and Fort Lauderdale from R-51 to R-72;

3. Dune construction/restoration in Fort Lauderdale;

4. Construction of 6.8 acres of mitigative artificial reef; and

5. Relocation of scleractinian corals from the impacted area to natural hardbottom and artificial reef sites.

Background Conditions

The entire Segment II shoreline is located between Hillsboro Inlet (R-25) and Port Everglades Inlet

(R-85). The Segment II project involves select placement of beach compatible sand along critically eroded sections of shoreline (FDEP, 2014). The beach, beach evolution, and coastal processes of

Segment II are influenced by other ongoing activities and conditions that include the following:

1. Continuous bypassing of sand at Hillsboro Inlet. Between 100,000 and 120,000 cy/yr of sand are added to the Segment II shoreline from the bypass operations. On an average annual basis, sand bypassing at Hillsboro Inlet comprises 3.5 times more sand placement to the Pompano Beach/LBTS shoreline than will be added to the same area as part of the

Segment II project, which has a six-year design life.

2. Stable to accretional beaches in central LBTS (R-41.3 to R-51). This ongoing accretion is related to the addition of sand to the Segment II shoreline from bypassing at Hillsboro

Inlet and localized tendencies for accretion associated with background sediment transport patterns.

3. Long term impoundment of sand by the Port Everglades jetties, and the rubble spoil shoal located about 800 ft north of the north jetty. This sand impoundment contributes to persistent shoreline advance that extends well into southern Fort Lauderdale, near the southern limit of the proposed project. Shoreline and beach volume change analyses suggest that the accretion effect from the impoundment extends between 8,000 feet (R-

77) and 13,000 feet (R-72) north of the inlet with a long-term trend of northward expansion of volumetric gains especially across the lower areas of the beach profile.

4. Mild wave climate throughout most of the year with annual (northeastern) storm events punctuated by episodic tropical storms that may result in significant changes to the beach and nearshore area.

All of these factors, under existing conditions, influence beach width, the volume of sand within the beach profile, and the potential for sand movement which may impact nearshore hardbottom areas. In order to evaluate the location and extent of potential project related influence to the coastal system, post-project beach volume and the location of the nearshore edge will be compared to pre-project conditions taking into account background conditions, which cause variability within the coastal system. The location and extent to which the project may contribute to changes observed on nearshore hardbottom areas, as identified through the biological monitoring, will be established through consideration of the physical changes to the beach and nearshore edge as represented through a change to background or historical conditions. Impacts to nearshore hardbottom, beyond those already anticipated and mitigated, may be attributed to the project in areas where increases in the long-term beach volume accretion rate can be directly correlated with degradation of hardbottom habitat (based on results of quantitative benthic assessments) or burial of hardbottom (based on changes to the location of the hardbottom edge). Likewise, storm-induced changes in beach volume will be evaluated within and outside of project limits to identify effects that are common to the overall shoreline and potential differences in beach profile response.

Biological Monitoring Plan

As required by Specific Conditions 30-37 of the above referenced permit, this Biological

Monitoring Plan consists of:

1. A nearshore monitoring program to detect potential project-related secondary impacts, which includes pre- and post-construction monitoring of:

a. 150-m shore perpendicular transects

b. Nearshore hardbottom edge mapping

c. Specially designated Acropora spp. stations

2. A monitoring program to document and track potential impacts to listed coral species;

3. A mitigation monitoring program to track benthic recruitment and succession on the mitigative artificial reef; and

4. A coral relocation monitoring program to track the attachment success and growth of relocated coral colonies.

Objectives

The Biological Monitoring Plan was developed to meet the following objectives:

1. Establish background conditions;

2. Monitor post-construction conditions;

3. Identify the extent of the project related influence to the coastal system; and

4. Identify any project related effects to the coastal system beyond background conditions.

Figures 1a through 1j present details of the Segment II project area including the project design template, the pre-construction nearshore hardbottom edge (2011 and 2015), permanent biological monitoring site locations (benthic monitoring transects and Acropora stations), and two mitigation artificial reef sites that were identified in the Mitigation Reef Construction Plans and Specifications dated October 2018.

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R-035 R-034

R-033 R-032

2016 Broward County Segment II Shore Protection Project Permanent Transect Location Map

FDEP R-Monument R-32 through R-35

0 60 120 180 240

Meters

December 15, 2017 Broward County Aerials

Figure 1a

#0 FDEP R Monument

CB&I May/June 2015 Pre-Con. Hardbottom Edge Survey

CPE 2011 Hardbottom Edge Survey

Nearshore Transects

Equilibrium Toe of Fill (ETOF)

Construction Toe of Fill (CTOF)

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2016 Broward County Segment II Shore Protection Project Permanent Transect Location Map

FDEP R-Monument R-36 through R-41

0 80 160 240 320

Meters

December 15, 2017 Broward County Aerials

Figure 1b

#0 FDEP R Monument

CB&I May/June 2015 Pre-Con. Hardbottom Edge Survey

CPE 2011 Hardbottom Edge Survey

Nearshore Transects

Equilibrium Toe of Fill (ETOF)

Construction Toe of Fill (CTOF)

PB/LBTS

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R-046R-045

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R-042

2016 Broward County Segment II Shore Protection Project Permanent Transect Location Map

FDEP R-Monument R-42 through R-46

0 70 140 210 280

Meters

December 15, 2017 Broward County Aerials

Figure 1c

#0 FDEP R Monument

CB&I May/June 2015 Pre-Con. Hardbottom Edge Survey

CPE 2011 Hardbottom Edge Survey

Nearshore Transects

Equilibrium Toe of Fill (ETOF)

Construction Toe of Fill (CTOF)

*Offshore Area - March 21, 2017 Google Earth Imagery

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R-050R-049 R-048

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2016 Broward County Segment II Shore Protection Project Permanent Transect Location Map

FDEP R-Monument R-47 through R-50

0 60 120 180 240

Meters

December 15, 2017 Broward County Aerials

Figure 1d

#0 FDEP R Monument

CB&I May/June 2015 Pre-Con. Hardbottom Edge Survey

CP…