SAJ-2021-00122 (SP-KAB)

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) and Section 404 of the Clean Water Act (33 U.S.C. §1344). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Kelly.A.Bunting@usace.army.mil.

APPLICANT: Barbara Wills

                     Tallahassee State College

                     444 Appleyard Drive

       Tallahassee, Florida 32304

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Oyster Bay. The project site is located within the open waters of Oyster Bay in Section 34, Township 6 South, Range 3 West, Wakulla County, Florida. Coordinates of the proposed project are given in the table below.

PROJECT PURPOSE:

Basic: Aquaculture.

Overall: The overall project purpose is to accelerate the re-establishment of oyster reefs, oyster seed sources and improve fishery within the estuarine habitat of Oyster Bay, Wakulla County, Florida.

EXISTING CONDITIONS: The open water system consists of a shallow estuarine

waters (saltwater) system. There is no onsite submerged aquatic vegetation. Onsite

vegetation consists of unvegetated open water bottom. The proposed project would be

placed in an area with no seagrass beds. The existing area surrounding the project

area consists of open water and estuarine subtidal oyster bed reefs. The mean low tide

water level is -2 feet, and the mean high tide water level is +5 feet within the 4 acre project area.

PROPOSED WORK:  The applicant seeks authorization to modify an existing permitted oyster reef placement site, expanding the site from 4 acres to 16 acres in size. The oyster reef site would be 2,830 feet long x 1,113 feet wide. The project would impact 16 acres of open surface water (unvegetated bay bottom) through deployment of up to 15,000 oyster reef domes to analyze the effect the domes would have in re-establishing natural oyster reefs and improving water quality. Buoys would be placed at the 4 corners of the reef deployment area. The domes would be deployed using a specially designed Wakulla Oyster Tunnel Boat with a 16-inch draft and a crane rated at ½-ton to lower and place the domes into the water column. Each dome would be 38” wide x 19” high and weigh 533 pounds, with a closed bottom structure and (10) 3-4 inch holes at the top. The domes would be below the mean low water level of -2 feet. Each dome would be spaced 3 feet apart in an alternating row.

AVOIDANCE AND MINIMIZATION: The project would be placed in an area with no grass beds and no impacts to the nearest wetlands.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: There would be no functional loss to the aquatic environment, however, the proposed project would create a permanent oyster reef where none currently exist. The project is expected to clean the water column to the point where seagrasses would be able to propagate into areas where they weren’t previously observed.

CULTURAL RESOURCES:

The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes and other interested parties.

ENDANGERED SPECIES:

The Corps has determined the proposed project may affect but is not likely to adversely affect the green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta), smalltooth sawfish (Pristis pectinata), Gulf sturgeon (Acipenser oxyrinchus desotoi), and giant manta ray (Mobula birostris) or designated critical habitat. 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, that the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) with the applicant’s agreement to abide by the Standard Manatee Conditions for In-water Work (2011).

ESSENTIAL FISH HABITAT (EFH): Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

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 16 acres of estuarine subtidal habitat utilized by various life stages of shrimp, reef fish, sharks and coastal migratory pelagic species within Oyster Bay. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Oyster Bay. 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.

NAVIGATION: The proposed project is 3.8 miles from the waterward edge of the

proposed 16 acre oyster reef to the nearest federal channel which is the Panacea

Federal Navigation Channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from Florida Department of Environmental Protection (FDEP). In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until August 11, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Kelly Bunting at Kelly.A.Bunting@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention Kelly Bunting, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida, 32407. Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

Click here for public notice and graphics