5-APPLICATION SAJ-2024-04159 Gulfside5MileArtificialReef AttachmentPackage FINAL.pdf

SAJ-2024-04159

Gulfside Five Mile Artificial Reef

Permit Application Attachments

Prepared by:

Dr. Hanna Koch, Artificial Reefs Director

Monroe County Board of County Commissioners

Monroe County, Florida

Submitted: 10/01/2024

Table of Contents

Attachment #1a Primary Information………………………………………….……..…

Attachment #1b Supplemental Information………………………………………..…..…

Figure 1: Gulfside Five Mile Artificial Reef Permit Site Map….………………………...….15

Figure 2: Gulfside Five Mile Artificial Reef – NOAA Chart 1142

Figure 3: Typical Cross-Section for Gulfside Five Mile Artificial Reef….…………………17

Figure 4a: Sand Composition Distribution and Preliminary Surveys Conducted……

Figure 4b: Gulfside Five Mile Artificial Reef Surveys…………..………………………

Figure 5: Shrimp Trawl Closure Map……………………………………………………..….30

Figure 6: Map of Historical Shrimping Effort……………………………………………..….31

Figure 7: Examples of Material & Structure Types to be Deployed…………………..….32

Figure 8: Schematic of Spatial Planning Considerations for Artificial Reef Site.……..….33

Attachment #2 Cargo Manifest and Pre-Deployment Notification Form………...….……34

Attachment #3 Material Placement Report and Post-Deployment Notification Form

Attachment #4 Florida Bureau of Historic Preservation Coordination……………..…….37

ATTACHMENT #1a

SAJ-2024-04159 Primary Information

APPLICANT: Monroe County Board of County Commissioners

C/o Dr. Hanna Koch

2798 Overseas Highway, Marathon, FL 33050

PROJECT NAME: Gulfside Five Mile Artificial Reef

WATERWAY AND LOCATION:

The project would affect waters of the United States associated with the Gulf of Mexico.

The project is located at a depth of 42 ft MLLW in state waters of the Gulf of Mexico, 18.7 nautical miles northeast of Key West at a bearing of 23 degrees, 16.4 nautical miles northeast of Stock Island at a bearing of 9 degrees, and 14.7 nautical miles northwest of

Cudjoe Key at a bearing of 310 degrees. The southwest corner of the proposed area is

12.21 nautical miles from Calda Channel Marker “3” northeast of Key West.

APPROXIMATE COORDINATES:

Corner LONG (DM) LAT (DM) LONG (DD) LAT (DD) LONG (DMS) LAT (DMS) SW 81° 41.600’ W 24° 47.750’ N -81.69334 24.79583 81° 41’ 36.00” W 24° 47’ 45.00” N

NW 81° 41.600’ W 24° 48.000’ N -81.69334 24.80002 81° 41’ 36.00” W 24° 48’ 00.06” N

NE 81° 41.325’ W 24° 48.000’ N -81.68875 24.80002 81° 41’ 19.51” W 24° 48’ 00.06” N

SE 81° 41.325’ W 24° 47.750’ N -81.68875 24.79583 81° 41’ 19.51” W 24° 47’ 45.00” N

Center 81° 41.462’ W 24° 47.875’ N -81.69104 24.79793 81° 41’ 27.75” W 24° 47’ 52.53” N

PROJECT PURPOSE:

Basic: Artificial reef development.

Overall: This permit application is for the development of an artificial reef with multiple deployments of approved materials to enhance the marine environment and create new habitat for marine organisms, including fish, within the offshore waters of the Gulf of

Mexico, Monroe County, Florida. The proposed Gulfside Five Mile Artificial Reef Permit is part of an overall county-wide plan to create a network of separate 53-acre permitted artificial reef sites in this general area of the Gulf of Mexico (~5-25 miles offshore in state or federal waters, outside the boundaries of the Florida Keys Marine Sanctuary, in waters

~40-60’ deep, ¼ nm by ¼ nm site, with sites ~2-5 nm apart). The purpose of the network is to provide ample, long-term, stable, quality, complex habitat to a variety of marine species and fish, provide waypoints for fish migrating between the near and offshore or between the Gulf and Atlantic, provide new fishing and diving opportunities while reducing human user conflicts and fishing pressure at any one location by having multiple patch reefs within each proposed permit area, include a variety of structure types to promote biodiversity, and potentially draw human activity away from other more visited or stressed areas of the Florida Keys. This permit application is for one proposed artificial reef within the larger Gulfside Network. The Gulfside Ten Mile Artificial Reef permit (SAJ-2024-

00133, SP-GGM) has already been submitted, approved, and is in hand.

EXISTING CONDITIONS:

The proposed permitted area is comprised of unconsolidated sand bottom, and the approximate depth of water within this site is ~42’ relative to mean low low water (MLLW).

No natural hardbottom or submerged aquatic vegetation (SAV) is known within the vicinity of the proposed area.

PROPOSED WORK:

The applicant seeks a 10-year authorization to develop an artificial reef site known as the

Gulfside Five Mile Artificial Reef. The proposed artificial reef area would measure 0.25 nautical mile by 0.25 nautical mile encompassing 53 acres of sand bottom, of which less than 1 acre of artificial reef material footprint would be deployed during the lifetime of the permit. The proposed navigational clearance requested is -25’ MLLW, consistent with existing charted artificial reef permits in surrounding waters. All artificial reef 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’.

AVOIDANCE AND MINIMIZATION INFORMATION:

Selected sites are devoid of SAV and there are no natural rock outcrops or hard bottom formations. Materials will be deployed on sand bottom and a buffer of at least 200 feet will be maintained from any submerged aquatic resources if present, including seagrasses, macroalgae, corals, sponges, or hard bottom. To ensure that the deployed materials remain in place within the authorized boundaries, only materials that weigh at least 500 pounds will be deployed.

COMPENSATORY MITIGATION:

Impacts to special aquatic sites are not proposed. Project purpose includes habitat enhancement involving placement of approved artificial reef materials on the seafloor.

There will be no excavation or turbidity impacts. Therefore, no compensatory mitigation is proposed.

CULTURAL RESOURCES:

The applicant is not aware of any known historic properties within the proposed area and coordinated with the Florida Bureau of Historic Preservation via email on June 28, 2024 to confirm the lack of cultural resources in the proposed area (Attachment 4).

ENDANGERED SPECIES:

The proposed activities are proposed to be consistent with the Endangered Species Act

– Section 7 Consultation Biological Opinion (2017) Project Design Criteria specific to

Activity 7 for Aquatic Habitat Enhancement, Establishment, and Restoration Activities, Additional conditions for reef materials. The proposed site does not overlap with any currently established critical habitat areas. The proposed area does overlap with the pending green sea turtle critical habitat area designation proposed in July of 2023, and no impacts to green sea turtle habitats are expected. We understand that the ruling on

Queen Conch critical habitat will soon be published. As part of our Best Management

Practices, we will comply with all regulations as they become available, including necessary surveys and animal translocation procedures if required or applicable. During all benthic surveys conducted on 6/6/2024 of the proposed permit area (see Attachments

1b and 4b below for survey details), no Queen Conch were observed. For this reason, we do not anticipate impacts to queen conch in this area.

COASTAL ZONE MANAGEMENT CONSISTENCY:

Artificial reefs that are constructed in Florida's coastal zone require coordination with the state for Coastal Zone Management (CZM) Consistency as required under Section 307(c) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c)). This coordination is required even when the state does not issue or require a state permit.

CZMA review is expected as a component of FDEP permit review. A FDEP pre-application consultation was held on July 16, 2024 and after reviewing the permit application package herein, it was concluded that the scope of this proposed permit area complies with the requirements for issuance of a Noticed General Environmental Resource Permit (Chapter

62-341.600, Florida Administrative Code). A general FDEP permit application is being submitted simultaneously as this USACE permit application.

ATTACHMENT #1b

SAJ-2024-04159 Supplemental Information

1. Applicant: Monroe County Board of County Commissioners

Project Name: Gulfside Five Mile Artificial Reef

Project Location: Monroe County is requesting a 10-year permit to authorize a new artificial reef site off Monroe County. The proposed Gulfside Five Mile Artificial Reef site is a 0.25 nautical mile by 0.25 nautical mile square, encompassing 53 acres of sand bottom of which less than one acre of artificial reef material footprint will be deployed during the lifetime of the permit. The center coordinates of the proposed site are latitude 24° 47.875’ N and longitude 81° 41.462’ W (Figure 1). The site is located in the Gulf of Mexico within state waters and lies outside of the boundaries for the

Florida Keys National Marine Sanctuary. The project is located at a depth of 42 ft

MLLW in state waters of the Gulf of Mexico, 18.7 nautical miles northeast of Key West at a bearing of 23 degrees, 16.4 nautical miles northeast of Stock Island at a bearing of 9 degrees, and 14.7 nautical miles northwest of Cudjoe Key at a bearing of 310 degrees (Figure 1). The southwest corner of the proposed area is 12.21 nautical miles from Calda Channel Marker “3” northeast of Key West (Figure 2). All deployed material will retain at least a 25-ft navigational clearance. Table 1 lists the corners and centroid of the proposed site.

Table 1: Gulfside Five Mile Artificial Reef Proposed Corner and Centroid Coordinates

Corner LONG (DM) LAT (DM) LONG (DD) LAT (DD) LONG (DMS) LAT (DMS) SW 81° 41.600’ W 24° 47.750’ N -81.69334 24.79583 81° 41’ 36.00” W 24° 47’ 45.00” N

NW 81° 41.600’ W 24° 48.000’ N -81.69334 24.80002 81° 41’ 36.00” W 24° 48’ 00.06” N

NE 81° 41.325’ W 24° 48.000’ N -81.68875 24.80002 81° 41’ 19.51” W 24° 48’ 00.06” N

SE 81° 41.325’ W 24° 47.750’ N -81.68875 24.79583 81° 41’ 19.51” W 24° 47’ 45.00” N

Center 81° 41.462’ W 24° 47.875’ N -81.69104 24.79793 81° 41’ 27.75” W 24° 47’ 52.53” N

2. Depth, Profile, and Clearance: The approximate depth of water within the site is -42 feet relative to Mean Lower Low Water (MLLW) (NOAA Chart 1142_1; Figure 2). The proposed minimum navigation clearance requested is 25 feet (MLLW), consistent with existing charted artificial reef permits in surrounding areas. Reef structures selected for deployment will maintain a minimum navigational clearance of at least 25 feet relative to MLLW (Figure 3). Previously existing permitted sites in the region show charted navigational clearances of 20 ft in 24 ft waters, 25 ft in 49 ft waters, and 28 ft in 38 ft waters.

3. Project Purpose:

Basic: Marine habitat enhancement and increase fishing/diving opportunities within state waters.

Overall: This permit application is for the development of an artificial reef with multiple deployments of approved materials to enhance the marine environment and create new habitat for marine organisms, including fish, within offshore waters of the Gulf of Mexico, Monroe County, Florida. The proposed Gulfside Five Mile Artificial Reef Permit is part of an overall county-wide plan to create a network of separate 53-acre permitted artificial reef sites in this general area of the Gulf of Mexico (~5-25 miles offshore in state or federal waters, outside the boundaries of the Florida Keys Marine Sanctuary, in waters ~40-60’ deep, ¼ nm by ¼ nm site, with sites ~2-5 nm apart). The purpose of the network is to provide ample, long-term, stable, quality, complex habitat to a variety of marine species and fish, provide waypoints for fish migrating between near and offshore or between the

Gulf and Atlantic, provide new fishing and diving opportunities while reducing human user conflicts and fishing pressure at any one site by having multiple patch reefs within each proposed permit area, include a variety of structure types to promote biodiversity, include low relief structures to support early life stages for juvenile fish, and potentially draw human activity away from other more visited or stressed areas of the Florida Keys. This permit application (SAJ-2024-04159) is for one proposed artificial reef within the larger

Gulfside Network. A permit application for Gulfside Ten Mile Artificial Reef (SAJ-2024-

00133, SP-GGM) has already been received, and additional permit applications for this network will be submitted over time as benthic surveys are completed. Overall, we aim to create ~6-10 permitted sites (i.e., artificial reefs) within the Gulfside Network.

Purpose of the artificial reef: The primary objective of this new permit authorization is to create additional long term, stable, quality marine habitat within state waters offshore of

Monroe County for a variety of fish and other marine species.

Users: The Gulfside Five Mile Artificial Reef will be accessible for recreational angling, charter boat use, and SCUBA diving.

4. Site Surveys:

An initial scoping meeting was held with Monroe County, Florida Fish and Wildlife

Conservation Commission, and fishing guides from Key West on August 1, 2023 to discuss possible artificial reef locations and preferences for materials and design. Multiple fishermen stated the desire for reefs in the Gulf of Mexico waters north of the Keys, stating the desire for juvenile fish habitat and additional structure in the sandy areas.

On September 7, 2023, FWC conducted preliminary bottom surveys via SCUBA at seven locations north of Key West (within the vicinity of the proposed location), with one dive

(dive #3) directly at the proposed location. All seven dives conducted that day found no hard bottom or other structures at any of the surveyed locations, except for one derelict lobster trap. On the dives closest to the proposed site, both surveys reported sand and fine sediment. The surveyor also inserted her hand into the sand and did not find any hardbottom resources buried below the sand. Findings from all seven dives were compared with bottom sediment classification maps from NOAA’s Gulf of Mexico Data

Atlas and were consistent across each dive. The proposed area is in area classified as majority “sand” and also is sited in a majority (60-80%) “sand” classification area (Figure

4a).

Six additional site-specific dives were conducted on June 26, 2024 within the proposed permit boundaries (Figure 4b). Each of the dives (benthic surveys) lasted 20 minutes with divers swimming between 600 and 800 feet per dive, depending on the strength and direction of the current. Divers took pictures and videos of the seafloor throughout the dive, and reported all areas are comprised of sand bottom. Few organisms were reported, which included primarily sea stars, sea urchins, and sea pens. There were a few reports of stone crab holes, horse conchs, and loose sponge fragments. Two derelict lobster traps were found, as well as a few wrasses and grunts. There were no reports of hardbottom or submerged aquatic vegetation on any of the dives. Based on the surveys completed, the proposed area is free of hardbottom resources and suitable for deployment of approved artificial reef materials.

The proposed area will not overlap with shrimping industry activities due to the Tortugas

Shrimp Beds Area closure area (F.A.C. 68B-31.016) which prevents shrimp harvest in an area encompassing the proposed sites (Figure 5). Additional anecdotal reports and desktop analyses further confirm the proposed area is outside of historic shrimping activities (Figure 6).

The conclusion of the bottom survey reports and associated desktop analysis is that the site is appropriate for an artificial reef; the water depth and substrate composition suggest that minimal environmental impact would occur. Observed presence of infauna and benthic macrofauna was limited, but if exist in proposed permitted area, have ample opportunity to migrate within surrounding sand habitat. Of the 53 total acres of the proposed permitted area, less than one (1) acre will cover the seafloor, providing ample surrounding habitat for such organisms dwelling within the sediment. Additional bottom surveys at specific deployment locations will be completed no more than twelve months prior to the deployment of any reef materials. The addition of artificial reef materials to this site would increase settlement of invertebrate and finfish recruitment to an otherwise bare sand area. Overall, this is an ideal site for the proposed artificial reef system and will add to the biological diversity of the waters off the coast of Monroe County.

No queen conch were observed in the proposed permit area during any of the benthic surveys conducted on 6/6/24 (Figure 4b).

5. Reef Materials:

The artificial reef material types to be deployed in the proposed Gulfside Five Mile Artificial

Reef site 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’. Examples of proposed material include secondary-use concrete (culverts, power poles, bridge material, junction boxes etc.), pre-fabricated or printed concrete artificial reef modules, and limestone boulders. Modules will be constructed with the approved minimum turtle regress standard. Examples of the types of materials and structures that may be deployed at this site can be found in Figure 7. Barges, vessels and metal structures are not proposed (e.g., we will not deploy chicken coops/cages).

Any concrete materials of opportunity with more than 6 inches of protruding metal rebar will be removed and cut flush prior to deployment to minimize safety concerns for divers and prevent fishing line entanglement to avoid excessive snags for fishermen.

All artificial reef 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 reef material to function as useful marine habitat. Material will be deployed into separate patch reefs within the proposed permitted area to maintain sand forage area between patch reefs and disperse fishing pressure between locations. An example patch reef design showing the relative placement and distance between patch reefs within the proposed permitted site can be found in Figure 8. Materials may be deployed over the lifetime of the permit to create additional separate patch reefs as additional funding becomes available. Importantly, the structures will be configured in a way to prevent marine life entanglement or entrapment.

6. Project Design Criteria:

As consistent with the USACE Jacksonville District’s 2017 Programmatic Biological

Opinion (JAXBO), all applicable artificial reef project design criteria (PDCs) will be followed:

A7.13. Artificial reef materials shall be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free-floating material, or other deleterious substances.

• Response: Proposed materials include this standard.

A7.14. New reef sections are limited to 1 reef section measuring ¼- by ¼-nmi area (53

ac) in size with a distance of 500 ft between each section. Offshore reefs shall maintain a minimum vertical clearance of twice the height of the structure from the top of the deployed material relative to the MLW at all times.

• Response: Proposed area is ¼- by ¼-nmi area and there are no additional permitted areas within 500 ft. Requested vertical clearance is 25 ft, consistent with navigational clearance of existing permitted areas in the vicinity.

A7.15. Reauthorization of existing reefs is limited to the previously permitted size.

Approved materials defined in PDC A7.19 can be added to the existing reef area.

• Response: Not applicable as this is a new area, not a reauthorization.

A7.16. No artificial reef materials shall be deployed until a benthic assessment of the bottom conditions has been accomplished by diver or submersible video camera. 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

200 ft from any submerged aquatic resources, including seagrasses, macroalgae, hard or soft coral (including coral reefs), sponges, oysters, or hard bottom when placed in areas of sand. If materials are off-loaded from a barge or placed in areas that may generate turbidity (e.g., areas with fines or muck), a 500 ft buffer is required.

• Response: Bottom surveys have been completed by divers and no areas with submerged aquatic resources within 200 ft were found. There are no areas with silt or muck that would lead to turbidity issues.

A7.17. The project does not include the use of mid-water fish aggregation devices.

• Response: The project complies with this regulation.

A7.18. All reefs must be cleaned annually to remove marine debris and derelict fishing line in areas safely accessible to recreational SCUBA divers. Cleanup efforts shall follow the PDCs for Activity 9, marine debris removal, and all pertinent general PDCs.

• Response: We will comply with this regulation. The permitted area is within recreational diving limits and accessible by boat for divers to complete marine debris removals.

A7.19. Individual reef units or modules must weigh at least 500 pounds. Reef materials shall be clean and free from asphalt, petroleum, other hydrocarbons, and toxic residues, as well as loose, free-floating material, or other deleterious substances.

• Response: All artificial reef materials and/or structures will be selected, designed, constructed, and deployed to create stable and durable marine habitat.

Only the following reef materials may be used under this Opinion:

A7.19.1. Prefabricated artificial reef modules composed of ferrous and/or aluminum alloy metals, concrete, rock, or a combination of these materials.

A7.19.2. Natural rock boulders and pre-cast concrete material, such as culverts, stormwater junction boxes, power poles, railroad ties, jersey barriers, or other similar concrete material.

A7.19.3. Clean steel and concrete bridge or large building demolition materials such as slabs or piles with all steel reinforcement rods cut at the base of the concrete so no rebar or metal protrudes from the concrete.

• Response: The proposed reef materials all fall under A7.19.1, A7.19.2, and

A7.19.3. Each single unit will weigh no less than 500 lbs. Examples of the types of approved materials and structures that may be deployed at the

Gulfside Five Mile Artificial Reef site can be found in Figure 7.

A7.20. Reef structures, materials, and installation methods shall be designed and deployed to prevent entanglement and entrapment of listed species. Open-bottom pre-fabricated reef modules may not be used unless the module also has a top opening sufficiently large to allow a turtle to escape. Approved open-bottom modules include:

A7.20.1. Three-sided modules where each side of the top opening is at least

36-in in length along its edge.

A7.20.2. Four or more sided modules where each side of the top opening is at least 40-in in length along its edge.

A7.20.3. Modules with a round opening with a diameter of at least 40-in

(oval openings are not allowed unless a 40-in diameter circle space can fit within the oval).

A7.20.4. Modules that are approved by the FWS Artificial Reef Program as being turtle friendly. FWS is currently working on developing this list. No open-bottom modules are allowed that include additional modules, discs, or other materials stacked or placed on or immediately adjacent to the top opening, as they may prevent turtles from easily escaping.

• Response: Any prefabricated modules would either not have open-bottoms or be designed with appropriate openings for turtle egress and following all standards outlined in A7.20.1., A7.20.2., A7.20.3., and A7.20.4.

A7.21. This Opinion does not cover projects that use explosives to deploy reef material.

• Response: No materials will be deployed using explosives.

A7.22. If pile placement is required in the construction of a reef, such placement must comply with the PDCs for Activity 2, pile-supported structures, and all applicable general

PDCs.

• Response: No pile placement is required.

Additional PCDs for Activity 7 applicable in critical habitat: A7.25-A7.31.

• Responses:

o The proposed area does not overlap with critical habitats for smalltooth sawfish (A7.25), gulf sturgeon (A7.26), North Atlantic right whale (A7.27), Acropora (A7.28), Johnson’s seagrass (A7.29), Loggerhead (A7.30), or U.S. Caribbean Sea Turtle (A7.31).

o We understand that the ruling on Queen Conch critical habitat will soon be published. As part of our Best Management Practices, we will comply with all regulations as they become available, including necessary surveys and animal translocation procedures if required or applicable. During all benthic surveys conducted on 6/6/2024 of the proposed permit area (see Attachments 1b and 4b for survey details), no Queen Conch were observed.

7. Pre and Post Deployment Notification:

The County will submit a pre-deployment notification at least two weeks prior to each deployment and an FWC Cargo Manifest Form will be drafted with the proposed patch reef coordinates and emailed to designated state and federal agencies prior to deployment to allow inspection of proposed deployment materials. Notification will include the address for the point of departure, name and telephone number for the individual managing the deployment, specific latitude and longitude coordinates of the proposed point of deployment, a description and quantity of the materials proposed for deployment and proposed water depth above the deployed material.

Reef Material Deployment - This cargo manifest will be attached to a copy of the permit and carried on board the deployment vessel in case of an on-water inspection by state or federal authorities. This form will be signed by the Monroe County designated representative. (Attachment 2)

Within 30 days of completion of reef deployments, an FWC Material Placement Report

Form will be completed and signed by the Monroe County official observer and submitted to the listed agencies. (Attachment 3)

8. Cultural Resources:

The applicant is not aware of any known historic properties within the proposed area and coordinated with the Florida Bureau of Historic Preservation via email on June 28, 2024 to confirm the lack of cultural resources in the proposed area (Attachment 4).

9. Endangered Species:

The proposed activities are consistent with the Endangered Species Act – Section 7

Consultation Biological Opinion (2017) Project Design Criteria specific to Activity 7 for

Aquatic Habitat Enhancement, Establishment, and Restoration Activities, Additional conditions for reef materials. The proposed site does not overlap with any currently established critical habitats.

The proposed area overlaps with the pending green sea turtle critical habitat designation proposed in July of 2023. The specific features relevant to this proposed area include the reproductive essential feature (from mean high water line to 20m depth, sufficiently dark and unobstructed nearshore waters adjacent to nesting beaches), the migratory essential feature (from mean high water line to a particular depth or distance from shore), and the benthic foraging/resting essential feature (from mean high water line to 20m depth, underwater refugia and food resources).

The proposed artificial reef permitted area is not anticipated to impact green turtles from the North Atlantic distinct population segment with regards to mating, transiting to nesting beaches, swim frenzy of post-hatchlings, or migration. FWC 2018-2022 sea turtle nesting data shows the nearest sea turtle nesting beaches are over 20 nautical miles away from the proposed permitted area. All materials would maintain the minimum navigational clearance and would pose no threat to turtle transit or swimming ability. Deployment activities, which occur during a limited time of typically less than a few hours duration, will require designated observers to watch for evidence of endangered species and halt all activities until the species have left the area of their own accord.

The proposed artificial reef permitted area is not anticipated to impact green turtles from the North Atlantic distinct population segment with regards to benthic foraging and resting.

The area is free from seagrasses and other foraging resources. Additionally, sea turtles are anecdotally reported to use artificial reefs as a resting area for protection from predators, indicating that the proposed project would benefit marine turtle shelter and growth by contributing to the benthic foraging/resting essential feature.

We understand that the ruling on Queen Conch critical habitat will soon be published. As part of our Best Management Practices, we will comply with all regulations as they become available, including necessary surveys and animal translocation procedures if required or applicable. During all benthic surveys conducted on 6/6/2024 of the proposed permit area (see Attachments 1b and 4b for survey details), no Queen Conch were observed.

10. Liability:

Monroe County is a governmental entity and has sovereign immunity. This immunity meets liability in the Corps regulations at 322.5 (b) and NARP pages 34-36 and NFEA

Section 205.

Figure 2: Gulfside Five Mile Artificial Reef – NOAA Chart 1142_1

Figure 3: Typical Cross-Section for Gulfside Five Mile Artificial Reef

Approximately

17 ft. max relief

Approximately

42 ft. maximum depth

Figure 4a: Sand Composition Distribution and Preliminary Surveys Conducted 9/7/2023

Figure 4b - Gulfside Five Mile Artificial Reef Surveys Conducted 06/26/2024

Figure 1. Photo of substrate at Dive #1

Figure 2. Photo of substrate at Dive #1

Figure 3. Bottom track at Dive #1

Dive #1 - 6/26/2024

Starting Lon/Lat Ending Lon/Lat Depth

(ft) Sediment Description Biological Resources

81°41.5902'W, 24°47.7606'N

81°41.486'W, 42 100% sand

Few sparse organisms including sea urchins, sea stars, loose sponges, sea pens, 1 wrasse, 1 horse conch 24°47.725'N

Dive #2 – 6/26/2024

Depth

(ft) Sediment Description Biological Resources 81°41.337’W, 81°41.379’W, 41 100% sand

Few sparse organisms including sea urchins, sea stars, sea pens, 1 stone cab, 3 grunts, hermit crabs, 1 juvenile angelfish

24°47.758’N 24°47.866’N

Figure 4. Photo of substrate at Dive #2 Figure 5. Photo of substrate at Dive #2

Figure 6. Bottom track at Dive #2

Figure 7. Photo of substrate at Dive #3 Figure 8. Photo of substrate at Dive #3

Figure 9. Bottom track at Dive #3

Dive #3 – 6/26/2024

Depth

(ft) Sediment Description Biological Resources 81°41.337’W, 81°41.482’W, 41 100% sand

Few sparse organisms including sea urchins, sea stars, sea pens, 2 horse conchs, derelict lobster trap with angelfish, 1 file fish

24°47.990’N 24°47.995’N

Dive #4 - 6/26/2024

Depth

(ft) Sediment Description Biological Resources 81°41.590'W, 81°41.587'W, 42 100% sand Few sparse organisms including sea urchins, sea stars, loose sponges, sea pens, 1 sea robin fish 24°47.990'N 24°47.861'N

Figure 10. Photo of substrate at Dive #4

Figure 11. Photo of substrate at Dive #4

Figure 12. Photo of bottom track at Dive #4

Figure 13. Photo of substrate at Dive #5

Figure 14. Photo of substrate at Dive #5

Figure 15. Photo of bottom track at Dive #5

Dive #5 - 6/26/2024

Depth

(ft) Sediment Description Biological Resources 81°41.548'W, 81°41.381'W, 42 100% sand Few organisms including sea urchins, sea stars, sea pens, stone crab holes, 1 file fish, 1 bat fish 24°47.819'N 24°47.904'N

Figure 16. Photo of substrate at Dive #6

Figure 17. Photo of substrate at Dive #6

Figure 18. Photo of bottom track at Dive #6

Dive #6 - 6/26/2024

Depth

(ft) Sediment Description Biological Resources 81°41.382'W, 81°41.441'W, 42 100% sand

Few sparse organisms including sea urchins, sea stars, loose sponges, sea pens, a few horse conch, derelict lobster trap with a few grunts

24°47.940'N 24°47.930'N

Figure 5: Shrimp Trawl Closure Map

Figure 5: Red stars correlate to Gulfside Ten Mile Artificial Reef proposed permit site (top star, SAJ-2024-00133, federal waters) and Gulfside Five Mile Artificial Reef proposed permit site (bottom star, this application, SAJ-2024-04159, state waters), which are both located inside the Tortugas Shrimp Beds Closed area where no commercial shrimping takes place (pink shaded region).

Figure 6: Map of Historical Shrimping Effort

Figure 6: Red stars correlate to Gulfside Ten Mile Artificial Reef proposed permit site (top star, SAJ-2024-00133, federal waters) and Gulfside Five Mile Artificial Reef proposed permit site (bottom star, this application, SAJ-2024-04159, state waters), which are both located outside of the area where current shrimp trawling takes place.

Figure 7: Examples of the Types of Materials & Structures that may be Deployed at Gulfside Five Mile Artificial Reef

Figure 7: Examples of the types of structures and materials that may be deployed to the

Gulfside Artificial Reefs include natural rock/limestone boulders (A-B), prefabricated concrete tetrahedron and layered disc modules that also contain limestone rocks (C-F), clean secondary use concrete (G-H), low relief prefabricated concrete layered stand and dome modules (I-J), and 3D-printed concrete spired blocks with cavities (K-L). Providing a variety of shapes, sizes, and designs that also have a variety of cavity sizes and spaces can promote biodiversity by providing a variety of complex habitat types to various marine species including fish and benthic organisms. All materials described here are durable, long-lasting, eco-friendly within marine environments, and have been deployed as part of artificial reef or living shoreline projects elsewhere in the US.

Figure 8: Spatial Planning Considerations for Gulfside

Five Mile Artificial Reef

Figure 8: Schematic drawing showing an example of the patch reef (n=9) design proposed for the Gulfside Five Mile Artificial Reef site. The blue stars (n=9) represent a single patch reef, and the arrows show their proposed placement relative to the proposed permit boundaries and distance to other patch reefs within the site. Each site may be composed of a mix of different structure types to offer diverse, complex habitat while ensuring the spacing and configuration of the structures does not create entrapment or entanglement issues. Each site may have up to nine patch reefs to provide ample quality habitat for marine life, while at the same time providing new fishing and diving opportunities and minimizing human user conflict and fishing pressure at any one site.

The minimum distance materials should be deployed from the proposed permit boundary should be no less than 25 feet, but we have included a 100-foot boundary in this example to serve as a conservative approach. Less than 1 acre of total seafloor will contain artificial reef materials at this site. Within this example, each patch reef has a 100-foot diameter footprint, which could be modified to adjust to the various types of materials that may be deployed here.

Attachment 4 – FL Bureau of Historic Preservation Coordination