Site_11_USACE_Permit_.pdf

Regulatory Division North Permits Branch Cocoa Section

SAJ-2022-01424 (SP-JMB)

Volusia County Public Works c/o Jessica Fentress 515 South Atlantic Avenue Daytona Beach, Florida 32118 Sent via email: jfentress@volusia.org

Dear Mrs. Fentress:

The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the construction site. Work may begin upon proper notification as outlined in the Special Conditions.

Should any other agency require and/or approve changes to the work authorized or obligated by this permit, it is the responsibility of the Permittee to submit a modification request to the Cocoa Permits Section. The Corps will evaluate the request and determine whether it is appropriate to modify the terms and conditions of the permit.

The Permittee must obtain written approval of the requested modifications from the Corps prior to initiation of those changes.

IT IS NOT LAWFUL TO DEVIATE FROM

THE APPROVED PLANS ENCLOSED.

Sincerely, For Shawn H. Zinszer

Chief, Regulatory Division

Enclosures

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

701 SAN MARCO BOULEVARD

JACKSONVILLE, FLORIDA 32207-8175

June 29, 2023 mailto:jfentress@volusia.org

DEPARTMENT OF THE ARMY PERMIT

Permittee: Volusia County Public Works c/o Jessica Fentress 515 South Atlantic Avenue Daytona Beach, Florida 32118

Permit No: SAJ-2022-01424

Issuing Office: U.S. Army Engineer District, Jacksonville

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: Volusia County shall continue deployments and maintenance of the existing 573.92-acre, 5,000' x 5,000', Reef Site 11 authorized under SAJ-1992- 01865 and/or SAJ-1997-06823. Future deployment materials shall include steel barges, concrete bridge sections, culverts, or any other clean, suitable materials that become available to the County for deployment as previously authorized.

Additions to the reef are not to result in a decrease to the existing minimum clearances from the structures to the surface of the water at Mean Lower Low Water (MLLW). The work described above is to be completed in accordance with the 3 pages of drawings, and 6 attachments, affixed at the end of this permit instrument.

Depth, Profile, & Clearance: The approximate water depth within the site varies from approximately -75’ to -85’ MLLW within the reef footprint. The applicant proposes a maximum reef height of 20’ with a minimum clearance of 55’ between the top of the reef and MLLW.

Project Location:

Location Latitude Longitude Latitude Longitude

Northwest Corner 29° 16' 49.13" -80° 42' 22.48" 29.280315 -80.706244

Northeast Corner 29° 16' 49.01" -80° 41' 26.02" 29.280280 -80.690560

Southeast Corner 29° 15' 59.51" -80° 41' 26.16" 29.266530 -80.690601

Southwest Corner 29° 15' 59.63" -80° 42' 22.62" 29.266565 -80.706283

Centroid 29° 16' 24.32" 80° 41' 54.32" 29.273423 -80.698422

PERMIT NUMBER: SAJ-2022-01424 (SP-JMB)

PERMITTEE: Volusia County Artificial Reef 11

Directions to site: The project site is located east of Volusia County, Florida.

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized ends on 29 June 2033. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

1. Reporting Addresses: The Permittee shall reference this permit number, SAJ- 2022-01424 (SP-JMB), 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 Standard Mail: U.S. Army Corps of Engineers Regulatory Division P.O. Box 4970, Jacksonville, Florida 32232-0019.

For electronic mail: CESAJ-ComplyDocs@usace.army.mil (not to exceed 10

MB).

The Permittee shall reference this permit number, SAJ-2022-01424 (SP-JMB), on all submittals.

b. Department of Commerce National Oceanic and Atmospheric Administration Nautical Data Branch, N/CS26 1315 East West Highway Silver Spring, MD 20910-3282 or email at ocs.ndb@noaa.gov

c. Commander, U.S. Coast Guard Sector Miami 100 McArthur Causeway Miami Beach, Florida 32139 Attention: Lieutenant Jennifer Makowski

d. Florida Fish and Wildlife Conservation Commission Artificial Reef Program 620 S. Meridian Street, Box 4B2 Tallahassee, Florida 32399 fax: 850-922-0463

Or email at artificialreefdeployments@MyFWC.com, Jon.Dodrill@myfwc.com, bill.horn@myfwc.com, and keith.mille@myfwc.com mailto:CESAJ-ComplyDocs@usace.army.mil mailto:ocs.ndb@noaa.gov mailto:artificialreefdeployments@MyFWC.com mailto:Jon.Dodrill@myfwc.com mailto:bill.horn@myfwc.com mailto:keith.mille@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 every planned deployment start date at least 2 weeks prior to each deployment on the authorized artificial reef site.

The post-construction notification will include “as-built plans” that certify the project is constructed as authorized; must include an accurate depiction of the location and configuration of the completed activity in relation to Mean Lower Low Water (MLLW) of the navigable water. The Permittee shall notify the District Engineer in writing at U.S.

Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019; and, the NOAA, either in mailed correspondence to Department of Commerce, NOAA Nautical Data Branch, N/CS26, 1315 East West Highway Silver Spring, MD 20910-3282 or by electronic mail correspondence, with the requisite documents attached, through ocs.ndb@noaa.gov.

3. 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.

4. Authorized Reef Materials: The Permittee agrees to follow State and Federal guidance on suitable artificial reef materials. No reef materials or module will weigh less than 500 pounds. Reef materials shall be clean and free from asphalt, creosote, 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.

Materials will be designed, selected, and deployed in such a manner as to avoid entrapping marine life. 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 materials.

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.

mailto:ocs.ndb@noaa.gov

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

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.

5. Reef Parameters: The Permittee shall deploy all reef materials within the site boundaries as defined in Attachment 1. A minimum clearance of 55’ shall be maintained between the top of the reef and MLLW.

6. 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 MLLW. 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.

7. Protection of Existing Resources: The Permittee shall not deploy artificial reef materials until an assessment of the bottom conditions have been accomplished in accordance with the guidelines approved in the JaxBO Supersede authorization. The Permittee shall maintain a deployment buffer of at least 200 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 http://www.epa.gov/owow/oceans/habitat/artificialreefs/index.html outcrops, oyster reefs, 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 200 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.

8. 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 2), 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.

9. 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 3). 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.

10. 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.

11. Manatee Protection: The permittee shall abide by the attached standard construction conditions designed to protect the endangered West Indian Manatee (Attachment 4).

12. Right Whale Protection:

a. The Permittee shall comply with the “Vessel Strike Avoidance Measures and Reporting for Mariners”, revised May 2021 (Attachment 5), for marine turtles and marine mammals.

b. Artificial reef material shall not be transported or deployed between November 15 and April 15 or during an additional 15 days at either end of this timeframe to better ensure whale avoidance and for the conservation of the endangered Northern Right Whale within the boundaries of the National Marine Fisheries Service designated Northern Right Whale Southeastern United States critical habitat area. The artificial reef material shall be transported and/or deployed only during daylight hours and may only occur from May 1 through October 31 and shall follow NMFS’s Shipboard Right Whale Protection Program, dated 2009 (Attachment 6).

13. Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and activities authorized under this permit will be constructed and operated in accordance with all applicable PDCs contained in the JAXBO, based on the permitted activity. A JAXBO Supersede review authorized the following PDC deviations:

a. The reef will deviate from PDC A7.14. The reef will be larger in size than the 40 acres authorized by JAXBO; however, the reef will be limited to the previously authorized dimensions.

b. The reef will deviate from PDC A7.16. The permittee shall use sides scan sonar, fathometer, or fish finder in-lieu of diver or submersible video to perform a benthic inspection prior to reef deployment and/or once-annually. The permittee shall avoid areas where the existing and future side scan sonar detects anomalies as outlined in Special Condition 7. If deployments to those areas are proposed in the future, the Permittee shall conduct a benthic survey via diver prior to deployment to properly identify the anomalies.

Failure to comply with the remaining applicable PDCs will constitute noncompliance with this permit. In addition, failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the Endangered Species Act. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division website in the Endangered Species section of the Sourcebook located at:

http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

JAXBO may be subject to revision at any time. The most recent version of the JAXBO must be utilized during the design and construction of the permitted work.

14. Marine Life Entrapment: Neither reef structure nor material or the method of design or deployment should pose more than minimal risk of entrapping fish, marine turtles, or marine mammals. The Permittee shall take all necessary action to minimize this risk. Any observation of entrapped marine turtles or marine mammals on this artificial reef site should be reported immediately to the Enforcement Section by telephone at 904-232-2502 and the National Marine Fisheries Service by telephone at 727-824-5301.

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

16. 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.

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 http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx 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 and the Florida Department of State, Division of Historic Resources, Compliance Review Section.

c. 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.

d. 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.

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.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

( ) Section 404 of the Clean Water Act (33 U.S.C. 1344)

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)

( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408)

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

Attachments to Department of the Army Permit Number SAJ-2022-01424

1. Permit Drawings: 3 pages, Attachment 1.

2. Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification form, 2 pages, Attachment 2.

3. Florida Artificial Reef Materials Placement Report and Post Deployment Notification form, 2 pages, Attachment 3.

4. Standard Manatee Conditions for In-Water Work dated 2011, 2 pages, Attachment 4.

5. Vessel Strike Avoidance Measures and Reporting for Mariners for marine turtles and marine mammals dated February 2008, 2 pages, Attachment 5.

6. Shipboard Right Whale Protect Program dated 2009, 15 pages, Attachment 6.

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C2010-063 VOLUSIA COUNTY ARTIFICIAL REEF SITES

NOAA CHART 11480 ARTIFICIAL REEF SITE BOUNDARIES

VOLUSIA COUNTY, FL DRAWN BY

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DATE

OCT. 2010

Attachment 1

Clearance:

Minimum

+/- 40' to reef

20' maximum height off existing bottom

Minimum Depth: -60' NAVD88

Notes:

1. Sediment type: coarse, bare sand.

2. Individual reef deployment footprint +/-25,000,000 ft2 (573.9 acres)

3. Reef weight <1� 300 ton,.

4. The proposed reef shall maintain a minimum vertical clearance of twice the height of the structure from the top or the deployed material relative to the MLW at all times. (JAXBO PDC A7. 14)

Project Width +/-5000'

Individual Reef Deployment Footprint

Rubble Mound Not To Scale

Typical Reef Cross Section Not To Scale

MLW: -2.6' NAVD88

: f AYLOR ENGINEERING INC.

10199 SOUTHSIDE BOULEVARD

SUITE 310

JACKSONVILLE. FL 32256

CERTIFICAlE OF AUTt40RIZAfKJt,f I •816

TYPICAL CROSS SECTION

OFFSHORE REEF REAUTHORIZATION

VOLUSIA COUNTY MARINE WILDLIFE AND ARTIFICIAL FISHING REEF PROGRAM

VOLUSIA COUNTY, FL

C2019-022

KM

FEB 2022

FLORIDA ARTIFICIAL REEF MATERIALS

CARGO MANIFEST AND PRE-DEPLOYMENT NOTIFICATION

(Issued pursuant to Ch. 370.25(6)(b), Florida Statutes)

I, ______________________________________________ ______________________ ________________ Name of individual managing reef deployment (print) Signature Date whose address is __________________________________________________________, (____) _____ - _____ Street City State Zip Code Phone declare that I am staging and transporting the following artificial reef construction materials allowable pursuant to the U.S. Army Corps of Engineers Artificial Reef Permit referenced below and agree to comply with all permit conditions in the permit listed below and attached to this manifest. I understand this artificial reef site is open to public access and this authorization does not provide any rights or exclusive private use over those rights or uses to the general public.

The address of the land based reef materials staging area is: ______________________________________

Transporting Vessel Registration Number: _____________________________________________________

Vessel Owner: _____________________________ Vessel Operator: ______________________________

The following items are to be deployed as reef material (attach additional sheets when more than four locations):

MATERIAL TAG

ID NUMBER(S),

if applicable

Descriptions of material (number of pieces, type, dimension, weight)

GPS Coordinates degrees, minutes, decimal minutes

(DD°MM.mmm’)

Lat:_____°___.__ __ __’ Lon:____°___.__ __ __’

Lat:_____°___.__ __ __’ Lon:____°___.__ __ __’

Lat:_____°___.__ __ __’ Lon:____°___.__ __ __’

Lat:_____°___.__ __ __’ Lon:____°___.__ __ __’

A copy of the below referenced permit(s) and all associated conditions is attached to this manifest and shall be carried on board the vessel during loading, storing, or transporting artificial reef material.

-- OFFICIAL USE ONLY --

(TO BE COMPLETED BY PERMIT HOLDER, OR AUTHORIZED ARTIFICIAL REEF INSPECTOR)

Permit Holder: ______________________________________________________________________________ Name of U.S. Department of the Army, Corps of Engineers (ACOE) Permit Holder

ACOE permit number ________________________, permitted site name _______________________________ issued on _________________________________ and has an expiration date of ________________________.

Local tracking number (if applicable): __________________________________________________________

(Name of FWC authorized Artificial Reef Inspector, printed)

(Signature) (Date)

Revised 4/23/07

Attachment 2

EXPLANATION SHEET

FOR THE ARTIFICIAL

REEF MATERIALS CARGO MANIFEST FORM

The attached artificial reef cargo manifest has been developed in compliance with subsection 370.25 (6)(b), Florida Statutes, which states that:

“It is unlawful for any person to: store, possess or transport on or across state waters any materials reasonably suited for artificial reef construction and stored in such a manner providing ready access for use and placement as an artificial reef, unless a valid cargo manifest issued by the commission or a commission-certified inspector is onboard the transporting vessel. The manifest will serve as authorization to use a valid permitted site or land-based staging area, which will validate that the type of artificial reef construction material being transported is permissible for use at the permitted site, and will describe and quantify the artificial reef material being transported. The manifest will also include the latitude and longitude coordinates of the proposed deployment location, the valid permit number, and the copy off the permit conditions for the permitted site. The manifest must be available for inspection by any authorized law enforcement officer or commission employee.”

This requirement for a cargo manifest became part of the statutory revision of the artificial reef program statute Section 370.25 Florida Statutes (F.S.), modified during the 2000 State of Florida Legislature. The statutory language allows a “commission certified inspector” to complete and approve the artificial reef materials cargo manifest. Therefore, we are providing the attached cargo manifest form to all local coastal government artificial reef coordinators and eligible non-profit corporations who may physically construct artificial reefs with the approval of the permit holders.

INSTRUCTIONS

A separate cargo manifest form is to be completed for each load to be transported offshore (i.e., one manifest per voyage). The manifest is to list all, and only, the reef materials onboard.

The top of the form is to be filled out by the reef builder with his/her contact information and the information about the proposed reef materials to be deployed written into the boxes. If several materials are identical but have different tag numbers, please write “SAME” in the box for the other materials. Also put “SAME” under additional coordinates if all materials are going to the same deployment site.

The shaded portion of the form at the bottom is to be filled out by the materials inspector.

The cargo manifest must be completed by an entity representing the holder of the applicable artificial reef permit to assure that all materials meet the requirements of the permit.

Completion of the artificial reef materials cargo manifest is required for all construction activities.

The requirement to complete this document is not intended to be an undue burden on entities wishing to legally construct artificial reefs within permitted sites, but is a tool to assist law enforcement personnel in preventing the illegal construction of artificial reefs without the knowledge of the permit holder or in areas outside of legally permitted sites. It is intended to allow law enforcement staff to determine whether or not a load of materials is legal under the permit conditions. Without a properly completed Cargo Manifest Form on board, reef builders will be returned to port pursuant to Chapter 370.25 (6) (b). It is not necessary to send a copy of the Cargo Manifest Form to the FWC artificial reef section in Tallahassee.

Documentation of the reef building activity should be maintained by the entity issuing the manifest in the event of any FWC inquiries.

Reminder: the placement of all public artificial reefs in state or adjacent federal waters requires the submittal of a Materials Placement Report to the FWC artificial reef program within 30 days of public reef deployment in accordance with s. 370.25 F.S.

FLORIDA ARTIFICIAL REEF MATERIALS

PLACEMENT REPORT AND POST-DEPLOYMENT NOTIFICATION

To Be Completed For Each Deployment Location or Date of Deployment County or Municipality:_____________________________________ Date of Placement:_________________________

Grant No. FWC - __________ U.S. Army Corps (if applicable) Permit No.: _______________________________

Total project cost: $____________________

Funding Source(s) and Amount(s): FWC $____________ Local $ ______________ Other $______________

Name of Permitted Location Name Reef Site: ________________________________ for This Deployment:________________________

Latitude:_____ ______.___ ___ ___’ North Longitude:______ _______.___ ___ ___’ West (degrees, minutes, decimal minutes (DD°MM.mmm’) (degrees, minutes, decimal minutes (DD°MM.mmm’)

GPS Brand and Model Number:___________________________

Geographical Location: ______________ at __________degrees from ___________________________________ (nautical miles) (bearing) (reference inlet)

Water Depth:_________ feet - Maximum Material Height: ________feet = Minimum Vertical Clearance: ______feet

TYPE AND AMOUNT OF MATERIAL DEPLOYED AT THE LOCATION DESCRIBED ABOVE:

(ATTACH A PHOTOGRAPH OF THE MATERIAL ON THE BARGE IMMEDIATELY PRIOR TO DEPLOYMENT)

Primary Type of Material:____________________________________________ Number of Pieces:__________

Dimensions:________________________________________________________________________________

Secondary Type of Material:_________________________________________ Number of Pieces:__________

Dimensions:________________________________________________________________________________

TOTAL TONNAGE FOR THIS DEPLOYMENT: ____________________

I DO HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE

Observer’s Name: _________________________________ Title: _________________________________

(PLEASE PRINT) (PLEASE PRINT)

Observer’s Signature: _______________________________ Date: __________________________________

Observer’s Remarks: __________________________________________________________________________

I DO HEREBY CERTIFY THAT THE ABOVE INFORMATION COMPLIES WITH THE ABOVE REFERENCED PERMIT CONDITIONS

Permittee’s Staff Name: _________________________________ Title: __________________________________

(PLEASE PRINT) (PLEASE PRINT)

Permittee’s Staff Signature: ______________________________ Date: _________________________________

Local Tracking number ______________ FWC Tracking number _______________ Entered by _________ on _________ Rev. 4/23/2007 FWC initials date

Attachment 3

Second page to contain instructions

FOR GRANT-FUNDED REEFS, the following data will be recorded at the staging area prior to and after the deployment. This formula represents an average, single rake barge and may not represent the exact tonnage of materials placed.

USING THIS FORMULA FOR PAYMENT OF TRANSPORTATION COSTS SHOULD BE AGREED UPON IN ADVANCE WITH A CONTRACTOR.

Barge Length:______ feet Barge Width:______ feet Loaded Draft:______ feet Unloaded Draft:_____ feet

(Length X Width X Loaded Draft X 0.93 X 65) = 2,000 = __________ (Loaded barge weight in tons)

SUBTRACT

(Length X Width X Unloaded Draft X 0.93 X 65) = 2,000 = _________ (Unloaded barge weight in tons)

TOTAL TONNAGE FOR THIS DEPLOYMENT = ___________

STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

The permittee shall comply with the following conditions intended to protect manatees from direct project effects:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.

Attachment 4

Vessel Strike Avoidance Measures and Reporting for Mariners

NOAA Fisheries Service, Southeast Region

Background The National Marine Fisheries Service (NMFS) has determined that collisions with vessels can injure or kill protected species (e.g., endangered and threatened species, and marine mammals).

The following standard measures should be implemented to reduce the risk associated with vessel strikes or disturbance of these protected species to discountable levels. NMFS should be contacted to identify any additional conservation and recovery issues of concern, and to assist in the development of measures that may be necessary.

Protected Species Identification Training Vessel crews should use an Atlantic and Gulf of Mexico reference guide that helps identify protected species that might be encountered in U.S. waters of the Atlantic Ocean, including the Caribbean Sea, and Gulf of Mexico. Additional training should be provided regarding information and resources available regarding federal laws and regulations for protected species, ship strike information, critical habitat, migratory routes and seasonal abundance, and recent sightings of protected species.

Vessel Strike Avoidance In order to avoid causing injury or death to marine mammals and sea turtles the following measures should be taken when consistent with safe navigation:

1. Vessel operators and crews shall maintain a vigilant watch for marine mammals and sea turtles to avoid striking sighted protected species.

2. When whales are sighted, maintain a distance of 100 yards or greater between the whale and the vessel.

3. When sea turtles or small cetaceans are sighted, attempt to maintain a distance of 50 yards or greater between the animal and the vessel whenever possible.

4. When small cetaceans are sighted while a vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until the cetacean has left the area.

5. Reduce vessel speed to 10 knots or less when mother/calf pairs, groups, or large assemblages of cetaceans are observed near an underway vessel, when safety permits. A single cetacean at the surface may indicate the presence of submerged animals in the vicinity; therefore, prudent precautionary measures should always be exercised. The vessel shall attempt to route around the animals, maintaining a minimum distance of 100 yards whenever possible.

NMFS Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners; revised February 2008.

Attachment 5

6. Whales may surface in unpredictable locations or approach slowly moving vessels.

When an animal is sighted in the vessel’s path or in close proximity to a moving vessel and when safety permits, reduce speed and shift the engine to neutral. Do not engage the engines until the animals are clear of the area.

Additional Requirements for the North Atlantic Right Whale

1. If a sighted whale is believed to be a North Atlantic right whale, federal regulation requires a minimum distance of 500 yards be maintained from the animal (50 CFR

224.103 (c)).

2. Vessels entering North Atlantic right whale critical habitat are required to report into the Mandatory Ship Reporting System.

3. Mariners shall check with various communication media for general information regarding avoiding ship strikes and specific information regarding North Atlantic right whale sighting locations. These include NOAA weather radio, U.S. Coast Guard NAVTEX broadcasts, and Notices to Mariners. Commercial mariners calling on United States ports should view the most recent version of the NOAA/USCG produced training CD entitled “A Prudent Mariner’s Guide to Right Whale Protection” (contact the NMFS Southeast Region, Protected Resources Division for more information regarding the CD).

4. Injured, dead, or entangled right whales should be immediately reported to the U.S. Coast Guard via VHF Channel 16.

Injured or Dead Protected Species Reporting Vessel crews shall report sightings of any injured or dead protected species immediately, regardless of whether the injury or death is caused by your vessel.

Report marine mammals to the Southeast U.S. Stranding Hotline: 877-433-8299 Report sea turtles to the NMFS Southeast Regional Office: 727-824-5312

If the injury or death of a marine mammal was caused by a collision with your vessel, responsible parties shall remain available to assist the respective salvage and stranding network as needed. NMFS’ Southeast Regional Office shall be immediately notified of the strike by email (takereport.nmfsser@noaa.gov) using the attached vessel strike reporting form.

For additional information, please contact the Protected Resources Division at:

NOAA Fisheries Service Southeast Regional Office 263 13 th Avenue South

St. Petersburg, FL 33701 Tel: (727) 824-5312 Visit us on the web at http://sero.nmfs.noaa.gov

NMFS Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners; revised February 2008.

NOAA FISHERIES SERVICENOAA FISHERIES SERVICE

For more information about NOAA Fisheries’ Ship Strike Reduction Strategy, visit: www.nmfs.noaa.gov/pr/shipstrike/

Shipboard

PROTECTION PROGRAM

Right Whale

1) Introduction to the Shipboard Right Whale Protection Program

2) Crew and Watchstander Training

3) Sighting Information Sources and Collection

4) Precautionary Measures for…