-~ U.S. ARMY ENGINEER DISTRICT, MOBILE DISTRICT P.O. BOX 2288

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1 DEPARTMENT OF THE ARMY - U.S. ARMY ENGINEER DISTRICT, MOBILE DISTRICT P.O. BOX MOBILE, ALABAMA REPLY TO ATTENTION OF: Miiippi Branch December 18, 2015 Regulatory Diviion JOINT PUBLIC NOTICE SAM MJF U.S. ARMY CORPS OF ENGINEERS MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF POLLUTION CONTROL MISSISSIPPI DEPARTMENT OF MARINE RESOURCES DMR PROPOSED IMPACTS ASSOCIATED WITH THE RESTORATION OF EXISTING AND HISTORIC OYSTER REEFS. MISSISSIPPI SOUND, HANCOCK, HARRISON AND JACKSON COUNTIES. MISSISSIPPI TO WHOM IT MAY CONCERN: Thi Ditrict ha received an application for a Department of the Army (DA) permit puruant to Section 10 of the River and Harbor Act of 1899 and Section 404 of the Clean Water Act. Pleae communicate thi information to intereted partie. APPLICANT: Miiippi Department of Marine Reource (MDMR) Attention: Mr. Scott Gordon, Shellfih Bureau Director 1141 Bayview Avenue Biloxi, Miiippi AGENT: MDMR Attention: Mr. Charlie Roberton, Marine Scientit 1141 Bayview Avenue Biloxi, Miiippi LOCATION: In exiting and hitorical oyter reef within the Miiippi Sound, Hancock, Harrion and Jackon Countie, Miiippi. (Mot Weterly Latitude North, Longitude Wet to Mot Eaterly Latitude North, Longitude Wet). WORK: The applicant propoe to place fill material coniting of oyter hell, cruhed concrete, or limetone cultch material in approximately 23,930 acre (maximum) of exiting and hitorical oyter reef. The applicant i requeting a 10-year DA permit for work to be accomplihed in phae a funding become available. Phae I would take place between 2016 to 2018 and would incorporate approximately 3,500 acre from within the identified approximately 23,930 acre of exiting and hitorical reef a hown on the attached plan. Not all area decribed in thi notice would be recipient of retoration activitie; however, the State would like to have the opportunity to plant

2 CESAM-RD-C December 18, 2015 SAM MJF Page 2of5 on any area that currently or hitorically have had oyter reef and are uitable for retoration. Factor for uitable retoration would include current ite pecific condition, bottom type, alinity regime, proximity to freh water and pollution ource, poibilitie for commercial harvet and other factor that would influence retoration ucce. A ite are elected and mapped, MDMR would notify the relevant regulatory agencie of the pecific location of cu Itch plant ite prior to any retoration activitie beginning. Material would be placed at a denity of 100 cubic yard per acre, totaling no more than 350,000 cubic yard of material within Phae I. Thi denity would enure le than 6 inche of relief of cultch material acro the bottom of each retoration ite. Cultch would be tranported to deployment area by barge or mall veel that are loaded to conform to the depth of the water at the retoration ite. Deployment of cultch would be wahed overboard uing high-preure water hoe in a manner to pray them in a thin, even layer for a ditance of 20 to 50 feet from the veel. The corner of the retoration area would be clearly marked and the veel would continuouly maneuver over the ite in a fahion o that cultch would cover the entire area to the needed denity a determined by MDMR peronnel. Thee activitie would occur only during daylight hour. In order to maximize pat et during peak oyter pawning time, MDMR anticipate execution and completion of the retoration work during Spring (April to June) and Fall (September to October) of the year 2016 and MDMR peronnel would be reponible for managing the reef. Sample would be taken from the reef on a yearly bai to meaure recruitment rate, denity, growth, and alo oberve change or identify potential management problem. An adaptive management plan would be implemented to manage the reef' reource. EXISTING CONDITIONS: The propoed retoration ite are located within the known footprint of exiting and hitorical oyter reef found in the water of the State of Miiippi and would be confined pecifically to thee area. All potential ite are within the Miiippi Sound and it adjacent water. More pecific water bodie include St. Loui Bay, Heron Bay, Biloxi Bay, Davi and Graveline Bayou, Pacagoula River and the Miiippi Sound. GPS centroid coordinate of each potential retoration ite are attached. Oyter reef are native to the etuarine environment of the Miiippi.Sound, thu, they can tolerate a wide variety of environmental condition. Typically, area uitable to oyter reef and oyter growth have average alinity range from 5 to 25 part per thouand, diolved oxygen level between 3.5 to 10.5 mg/l, firm mud bottom, conitent tidally influenced current, and depth of between 1 to 20 feet below mean low water. All propoed ite meet the aforementioned criteria but would vary greatly within thoe range given their pecific proximity to the freh water ource of the etuarine environment in which they are located and time of year. No ubmergd aquatic vegetation i located in the vicinity of any of the propoed ite. Hitorically, thee ite upported healthy oyter reef and there remain mall area of hell cattered or buried beneath the ediment in the vicinity of the propoed retoration ite. PROJECT PURPOSE: A tated by the applicant, "The purpoe of thi project i to retore approximately 3,500 acre (Phae I) up to 23,930 acre, of exiting and hitoric oyter reef that have been depleted a a reult of a multitude of advere effect,

3 CESAM-RD-C December 18, 2015 SAM MJF Page 3of5 temming from both natural and anthropogenic caue. The retoration of thee reef would improve water quality within the area of the reef, create valuable near hore reef habitat that would upport and utain healthy population of etuarine fih and other invertebrate, and enhance recently completed and future propoed retoration area on the eatern end of Deer Iland and in Hancock County, Miiippi." The U.S. Army Corp of Engineer {USACE) initially determined the baic project purpoe i oyter reef retoration and would be conidered a water dependent activity. Additional review will be performed by the USACE and cooperating agencie. AVOIDANCE AND MINIMIZATION: According to the applicant' Agent, "Work would be located within the known footprint of exiting and hitorical oyter reef and would be confined pecifically to thee area. No dredging would be required at the elected ite. Cultch material would be loaded on veel in a manner o that their draft doe not exceed the depth of the area they would be working in. MDMR employee would be onite to monit9r compliance with condition of permit and contract. ALTERNATIVES: The applicant conidered alternative uch a the placement of new reef in area never before known to upport oyter reef, or the no action alternative.. Additional review of alternative will be performed by the USACE and cooperating agencie. MITIGATION: According to the applicant' Agent "Compenatory mitigation would not be required for.thi project a the objective i to retore area of degraded and hitoric oyter reef in a manner conitent with not adverely affecting the urrounding environment or the organim inhabiting thoe environment". Additional review of mitigation requirement will be performed by the USACE and cooperating agencie. Final compenatory mitigation will be evaluated by the USACE and cooperating reource agencie throughout the review proce for the propoed project. The applicant ha applied for certification from the State of Miiippi in accordance with Section 401 (a)(1 ) of the Clean Water Act and upon completion of the required advertiing; a determination relative to certification will be made. The applicant ha applied for coatal zone conitency from the State of Miiippi Department of Marine Reource in accordance with Section of the Miiippi Code Annotated (DMR ). Thi public notice i being ditributed to all known intereted peron in order to ait in developing fact on which a deciion by the USAGE can be baed. For accuracy and completene of the record, all data in upport of or in oppoition to the propoed work hould be ubmitted in writing etting forth ufficient detail to furnih a clear undertanding of the reaon for upport or oppoition. The deciion whether to iue a permit will be baed on an evaluation of the probable impact, including cumulative impact, of the propoed activity on the public interet. That deciion will reflect the national concern.for both protection and utilization of important reource.

4 CESAM-RD-C December 18, 2015 SAM MJF Page 4 of 5 The benefit, which reaonably may be expected to accrue from the propoal, mut be balanced againt it reaonably foreeeable detriment. All factor, which may be relevant to the propoal, will be conidered, including the cumulative effect thereof; among thoe are conervation, economic, aethetic, general environmental concern, wetland, cultural value, fih and wildlife value, protected pecie, flood hazard, flood plain value, land ue, navigation, horeline eroion and accretion, recreation, water upply and conervation, water quality, energy need, afety, food production and in general, the need and welfare of the people. The USAGE i oliciting comment from the public; Federal, State and local agencie and official; Indian Tribe; and other intereted partie in order to conider and evaluate the impact of thi propoed activity. Any comment received will be conidered by the USAGE to determine whether to iue, modify, condition or deny a permit for thi propoal. To make thi deciion, comment are ued to ae impact on endangered pecie, hitoric propertie, water quality, ge_neral environmental effect and the other public interet factor lited above. Comment are ued in the preparation of an Environmental Aement and/or an Environmental Impact Statement puruant to the National Environmental Policy Act. Comment are alo ued to determine the need for a public hearing and to determine the overall public interet of the propoed activity. Any peron may requet, in writing, within the comment period pecified in thi notice, that a public hearing be held for conideration of thi application. Requet for public hearing hall tate with particularity, the reaon for holding a public hearing. Evaluation of the probable impact involving depoit of dredged or fill material into water of the United State will include the application of guideline etablihed by the Adminitrator of the U.S. Environmental Protection Agency. In accordance with Section 106 of the National Hitoric Preervation Act, and Appendix C of 33 CFR 325, the undertaking defined in thi notice i being conidered for the potential to effect cultural and hitoric propertie within the permit area. In accordance with Appendix C of 33 CFR Part 325, the USAGE ha determined that the permit area i the full area of cultch deployment for the overall project footprint. We are eeking comment from the State Hitoric Preervation Officer, Federally-recognized American Indian tribe, local hitorical ocietie, mueum, univeritie, the National Park Service, and the general public regarding the exitence or the potential for exitence of ignificant cultural and hitoric propertie which may be affected by the work. Baed on the nature of the activity, the USAGE ha determined that the propoed project would have no potential to affect reource in the permit area. Preliminary review of thi application and the U.S. Department of the Interior Lit of Endangered and Threatened Wildlife and Plant indicated the following pecie may be preent on-ite: the Gulf turgeon (Acipener) lited a threatened with critical habitat (TCH), the Green ea turtle (Chelonia) (T), the Kemp' ridley turtle (Lepidochely kempii) (E), the Leatherback ea turtle (Dermochely comacea) (E), the Hawkbill Sea Turtle (Eretmochely imbricate) (E) the Loggerhead ea turtle (Caretta caretta) (T), the Piping Plover (Charadriu melodu) (TCH), and The Wet India manatee (Trichechu manatu) (E). Preliminary review of thi application and the U.S. Department of the Interior Lit of Endangered and Threatened

5 CESAM-RD-C December 18, 2015 SAM MJF Page 5of5 Wildlife and Plant for the waterhed ugget that the propoed activity may affect but i not likely to adverely affect lited endangered or threatened pecie. Specifically, the Wet India manatee, the Gulf turgeon and it critical habitat and the lited ea turtle may be affected by thi project. The Piping plover utilize beache and mudflat. The propoed work will have no effect on the Piping plover a the project i not located within deignated critical habitat and required habitat i not found within the project location. Thi determination i being coordinated with. the U.S. Fih and Wildlife Service via thi public notice and will be ubmitted to the National Marine Fiherie Service for coordination via their webite. Correpondence concerning thi Public Notice hould refer to Number SAM MJF and hould be directed to the Ditrict Engineer, USAGE, Mobile Ditrict, USAGE Biloxi Field Office, Attention: M. Maryellen Farmer, 1141 Bayview Avenue, Suite 501, Biloxi, Miiippi 39530, with a copy to the Miiippi Department of Environmental Quality, Office of Pollution Control, Attention: M. Florance Ba, P.E., Pot Office Box 2261, Jackon, Miiippi 39225, and the Miiippi Department of Marine Reource, Attention: Mr. Chri Pickering, 1141 Bayview Avenue, Suite 501, Biloxi, Miiippi 39530, in time to be received within 30 day of the date of thi public notice. If you have any quetion concerning thi publication, you may contact the project manager for thi application, M. Maryellen Farmer(maryellen.j.farmer@uace.army.mil), (228) Pleae refer to the above Public Notice number. For additional information about our Regulatory Program, pleae viit our web ite at Attachment MOBILE DISTRICT U.S. Army Corp of Engineer

6 Permitting Area IQ c (J) m> "tj 3: -I 0 iij 3: -< ' L """""" ermitting Area Miiippi_Shore_Line W.E Miiippi Oyter Area Wetern Sound N Mile

7 Permitting Area ermitting Area Miiippi_Shore_ Line.N... W.. E Q Miiippi_ Oyter_Area_ B1lox1_0ceanSpnng. Mile

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9 - c (ft m l> Ul IWaveland Centroid Area ID Latitude Longitude Acre I I Perillitting Area / // // ,./ _,,// / / / /. / / /.# ' ,_/' ,_4-76 _, ,-..,,--&r I 27 ;io' Tl > ermitting Area W Miiippi_Shore_ Line )I Miiippi_Oyter_Area_wa, elan w@e o , \ \h\ ci.i l-,_,.,,,_r,;u1 Mile I. u '"

10 ... c CJ) m > ""O: St. Loui Bay Centroid Area_ ID Latitude Longitude / o B<J'.3' ;8<) ;: '3U ' Acre Permitting Area ;... j I )> I ;;o : -< (. ta1!1 I ft I Tl.: ,34 ermitting Area Miiippi_Shore _Line 00 St../"" Miiippi_ Oyter _Area_St_Loui_Bay Lou i Bay Centroid w@e O. 2 O.f) 1 Mile En HERE Del orre Mapmylnd1a OpenStreetMap con nbutor and tne GIS us r community

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12 Buoy & Pelican Centroid Area_ID Latitude Longitude Acre I p erntltllflg Area WJ i1n o CJ) m l> -f,.. ::I: m )> ' ;a 3: -< t'7 418 Permitting Area Miiippi_Oyter_Area_Buoy_Pelican N 1 2 we o 0.5 Mile Buoy & Pelican Centroid

13 Wetern_ Reef Centroid I / Area_ ID Latitude Longitude Acre Perm1tt1ng,Area ,... ;: -,, ' :.-.._/'.. "7 t : CCI> ml> "ti : :::c m \JI : -<. " /7-:---. )--,... Tl _. F l F Permitting Area -.,,.---..,.._/ 00 Miiippi_ Shore_ Line Miiippi_ Oyter_.;\rea_Weteru_ Ree.N W E 1 o M1 1e Wetern Reef Centroid I.,

14 I Tl Biloxi Centroid Area_JD Latitude Longitu4;_fil-; i3 1, 89 '::f?s j 138 -SS :-'I :,1) ) ,/ 6o !Permitting Area e p r--j Ar ttllj.g ea 70 ("-----/ ) fl"" 1 ""-,._J "" \ / ) " 9 '-..._,.../' if '"' I ; 65 ) 60 ' 63 6,62 -, "" 00 Miiippi_Oyter_Area_Biloxi W Miiippi_Shore_ Line 2 1 w@e o 0.5 Mile Biloxi Centroid

15 c (/) m )> "tj : )> I 1 79 Bo R '.C:. Permitting Area OceanSpring_ Centroid Area_ ID Latitude o : ) / ) Longitude Acre ermitting Area W Miiippi_Shore_Line Miiippi_ Oyter_ Area_Ocean_Spring_ OceanSpring_ Centroid I w@-e N. 1 o o.5 Mile

16 A c CJ) m )> o :: () :::c,, m(n )> I : -< r. t:.,,.-.j!i:tmitting Area 1F Pacagoula ntroid J Area_ID Lati\de 87 / 30.3f> () _3D ' Longitude _..: ,-g , 98 g Acre J ermitting Area Pacagoula Centroid --._,., - Miiippi_Shore_ Line Miiippi Oyter Area Pacagon la N WE Mile E HERE Delorme Maprnylnd a ; OrenSt re!map conmbutor anc ttie GIS uer ce.mm1..:n1tv