Palm Beach County

REEF RESCUE
P.O. Box 207
Boynton Beach, Florida 33425
(561) 699-8559
Email: etichscuba@aol.com
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October 20, 2010

Florida Department of Environmental Protection

Bureau of Beaches & Coastal Systems
3900 Commonwealth Blvd., M.S. 300
Tallahassee, Florida 32399-3000

Via email: Stephanie.Gudeman@dep.state.fl.us

Attention: Stephanie Gudeman, Environmental Specialist, BBCS-JCP

Re: Request for a 30 day extension of time

Intent to Issue JCP-0289706-001-JC Hillsboro Beach Renourishment Project

Ms. Gudeman,
The purpose of this correspondence is to request a 30-day extension of time needed for
our further review of proposed Deerfield/ Hillsboro Beach renourishment project permit
JCP-0289706-001-JC.

We request the time extension for the following reasons:

1) The Broward nearshore hardbottom environment has been documented to support

Acropora palmata, Acropora cervicornis (federally protected species) and
Dendrogyra cylindricus (Florida protected species).
2) Extensive hard bottom is found in the project’s area of influence. We have been
unable to find results of any comprehensive investigation within this area which
documents the absence, presence or distribution of the protected coral species.
3) Since learning of the FDEP intention to issue permit JCP-0289706-001-JC, we
have been made aware of anecdotal reports of A. cervicornis and D. cylindricus
potentially present in the nearshore project hardbottom area. We would like added
time to investigate these reports.
4) One of the largest stands of A. cervicornis in North America (SECREMP
monitoring station BCA, 26° 08.985’ 80° 05.810’) is found in similar habitat
within miles of proposed project JCP-0289706-001-JC.

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To monitor, preserve and protect the coral reef ecosystem of South Florida through

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 research, education and public awareness.
Palm Beach County
REEF RESCUE
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5) Based on other documented locations and anecdotal information regarding these

protected species it is reasonable to assume Acropora palmata, Acropora
cervicornis and Dendrogyra cylindricus may be present within the project impact
area.
6) The project is proposed to take place within federally designated habitat critical
for the survival of both Acropora species. We have been unable to find the federal
opinion regarding impacts to Acropora critical habitat for project JCP-0289706-
001-JC.
7) On October 12, 2010, NOAA’s National Marine Fisheries Service (NMFS)
recommended that the Corp of Army Engineers, Jacksonville District not authorize this
permit until changes were made to protect EFH. We have not had adequate time to
review these federal recommendations nor the FDEP response.

Based on the above it is prudent and reasonable for the Department to grant an extension
of 30 days to provide sufficient time to assess the above referenced items.

The potential for federal and/or State protected coral species to be present within the
project area and for them to be negatively impacted by project activities warrants a
precautionary approach. Such a precautionary posture would allow the Department time
to consider decisions in this matter where there is a real possibility of harm to the public
interest by issuing the project permit in its present form. Issuing any permit when
extensive scientific knowledge on the matter is lacking represents an unreasonable risk to
the public’s best interest. The Department has a responsibility to protect the public from
exposure to harm when current scientific evidence suggests there is a plausible risk. Such
protections should only be relaxed if further scientific findings emerge that provide sound
evidence that no harm to the public interest will result.

Until further comprehensive investigations are performed it is reasonable to assume that

the potential exists for protected species of coral to be present within the project area. An
area designated by the federal government as habitat critical to the survival of Acropora
corals.

Sincerely,
Ed Tichenor, Director

cc: Miyoko Sakashita, Esq. Center for Biological Diversity

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To monitor, preserve and protect the coral reef ecosystem of South Florida through

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research, education and public awareness.