SAJ-1995-05915 (SP-LSL)

TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT:  Ms. LaWanda Pemberton
                       Taylor County Board of County Commissioners
                       201 East Green Street
                       Perry, Florida 32347

WATERWAY AND LOCATION: The artificial reef site is located in the Gulf of Mexico, southwest of Taylor County, Florida. The reef site is approximately 16.1 nautical miles (southwest on compass bearing 241) of Keaton Beach and is referred to as Buckeye Reef.

APPROXIMATE CENTRAL COORDINATES:

PROJECT PURPOSE:

Basic: Artificial reef establishment.

Overall: To reauthorize and expand an existing offshore artificial reef site, known as Buckeye Reef, to provide habitat and recreational fishing and diving opportunities for Taylor County, Florida.

EXISTING CONDITIONS: Buckeye Reef was originally authorized by General Permit SAJ-50 on September 18, 1995 and reauthorized via Standard Permit on January 20, 2011. Buckeye Reef included a 1 square nautical mile area. Due to coordinate issues, some material was deployed outside the permitted area to the southwest corner. According to the Florida Fish and Wildlife Conservation Commission (FFWCC) Artificial Reef Location spreadsheet, Buckeye Reef has 13 reef patches. Eight new reef patches were deployed late in July 2020 for a total of at least 21 reef patches. After a side-scan survey performed by FFWCC in late 2017, the location of all artificial reef materials within Buckeye Reef and outside of its borders were verified. In addition, FFWCC was able to delineate live bottom and sandy bottom areas. No seagrasses, natural rock outcrops or hard bottom formations were observed. Buckeye Reef bottom is approximately 48’ to 52’ deep to mean water surface.

PROPOSED WORK: The applicant seeks a 10-year re-authorization and expansion of an existing offshore artificial reef known as Buckeye Reef. The applicant proposes to expand the existing artificial reef site from 1 square nautical mile to 4 square nautical miles. The proposed navigational clearance requested is -32’ Mean Low Water. All reef materials would be consistent with the publication Guidelines for Marine Artificial Reef Materials, 2nd edition, the National Artificial Reef Plan, the state of Florida Artificial Reef Strategic Plan, and the Organization for Artificial Reefs’ Artificial Reef Development Plan. There is a 50’ buffer zone area inside the site borders on all sides where no materials would be deployed to ensure all reef materials are deployed within the permitted site.

DEPTH, PROFILE AND CLEARANCE: The depth at the proposed site ranges from 48’ to 52’ at mean low water. The maximum profile of any reef material would be approximately 12’ and a minimum depth after deployment would be 32’ at mean low water.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect swimming sea turtles, including green turtle (Chelonia mydas), hawksbill (Eretmochelys imbricate), Kemp’s Ridley turtle (Lepidochelys kempii), leatherback turtle (Dermochelys coriacea), loggerhead turtle (Caretta caretta), Gulf Sturgeon (Acipenser oxyrinchus desotoi), and Smalltooth sawfish (Pristis pectinata). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined, based on the use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (April 2013), that the proposed project may affect, but is not likely to adversely affect the West Indian manatee with the inclusion of conditions a, b, c, d, and e of the Standard Manatee Conditions for In-water Work (2011).

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 4 square nautical miles of unvegetated bottom utilized by various life stages of shrimp, reef fish, stone crab and coastal migratory pelagic species in the Gulf of Mexico. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407 within 30 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Mrs. Lisa S. Lovvorn, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at lisa.s.lovvorn@usace.army.mil; or, by telephone at (850) 285-9533.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.