Okaloosa County BOCC — August 2, 2016 — 1996-03565 Okaloosa LAARS — reading text

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. 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 If you only have questions regarding the appeal process appeal process you may contact: you may also contact: for process: Project Manager as noted in letter Jeff Collins 321-504-3771 ext.13 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. Date: Telephone number: _______________________________ Signature of appellant or agent.  DEPARTMENT OF THE ARMY PERMIT Permittee: Okaloosa County Board of County Commissioners 1804 Lewis Turner Boulevard, Suite 100 Ft. Walton Beach, Florida 32547 Permit No: SAJ-1996-03565 (SP-SWA) 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: The project is to reauthorize the previously established Large Area Artificial Reef Sites (LAARS) A, B and C. LAARS Site A is 75.1 square miles in size with water depths that range from -100 feet to -166 feet at mean lower low water (MLLW). LAARS Site B is 108 square miles in size with water depths that range from - 180 feet to -300 feet at MLLW. LAARS Site C is 57 square miles in size with water depths that range from -90 feet to -160 feet at MLLW. Each LAARS site will have a deployment buffer of ¼ mile on each side. Material to be deployed will consist clean concrete or rock, heavy gauge steel products (¼-inch thickness or greater), oil rig jackets, military surplus items, prefabricated structures that are a mixture of clean concrete and heavy gauge steel and chicken transport devices. The maximum profile of any reef material will be 40 feet in all three LAARS sites and will result in a minimum authorized depth after deployment of -60 feet at MLLW within LAARS A, -140 feet at MLLW within LAARS B and -50 feet at MLLW with LAARS C. The work described above is to be completed in accordance with the 4 pages of drawings affixed at the end of this permit instrument. Project Location: The project sites are located in the Gulf of Mexico, south of Okaloosa County, Florida. The LAARS Site A is approximately 15 miles southeast of Destin Pass, LAARS Site B is 23 miles south of Destin Pass and LAARS Site C is 15 miles southwest of Destin Pass. Approximate Coordinates: LAARS Site A: Corner PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 2 of 11 Northeast – Latitude: 30.166666° North / Longitude: 86.283333° West Northwest – Latitude: 30.166666° North / Longitude: 86.146666° West Southeast – Latitude: 30.033333° North / Longitude: 86.283333° West Southwest – Latitude: 30.033333° North / Longitude: 86.416666° West LAARS Site B: Corner Northeast – Latitude: 29.982833° North / Longitude: 86.3775° West Northwest – Latitude: 29.983333° North / Longitude: 86.527666° West Southeast – Latitude: 29.8085° North / Longitude: 86378666° West Southwest – Latitude: 29.809166° North / Longitude: 86.528333° West LAARS Site C: Corner Northeast – Latitude: 30.157666° North / Longitude: 86.526833° West Northwest – Latitude: 30.1585° North / Longitude: 86.827666° West Southeast – Latitude: 30.114166° North / Longitude: 86.527° West Southwest – Latitude: 30.114833° North / Longitude: 86.827666° West Permit Conditions General Conditions: 1. The time limit for completing the work authorized ends on March 10, 2026. 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. PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 3 of 11 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- 1996-03565, on all correspondence. Unless specifically notified to the contrary, the Permittee shall use the following addresses for transmitting correspondence to the referenced agencies: a. U.S. Army Corps of Engineers 41 North Jefferson Street, Suite 301 Pensacola, FL 32502 or by email at CESAJ-ComplyDocs@usace.army.mil 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 at ocs.ndb@noaa.gov c. Commander, U.S. Coast Guard (USCG) 8th Coast Guard District Hale Boggs Federal Building 500 Poydras Street New Orleans, LA 70130 PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 4 of 11 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. 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: clean concrete or rock, heavy gauge steel products, oil rig jackets, military surplus items, prefabricated structures that are a mixture of clean concrete and heavy gauge steel and chicken transport devices. 4. Reef Parameters: The Permittee shall deploy all reef materials within the ¼ mile buffer boundary as defined on attached permit drawings. A minimum clearance of -60 feet at MLLW within LAARS A, -140 feet at MLLW within LAARS B and -50 feet at MLLW with LAARS C shall be maintained. 5. Violation of 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. At a minimum the written notification shall explain how the deployed material exceeds the authorized reef parameters, 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. PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 5 of 11 6. 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 200 feet from any submerged beds of sea grasses, coral reefs, live bottom, areas supporting growth of sponges, sea fans, soft corals, and other sessile macroinvertebrates generally associated with rock outcrops, oyster reefs, scallop beds, clam beds, or areas