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 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: City of Panama City
Attention: Johnny Sims, Professional Engineer
501 Harrison Avenue
Panama City, Florida 32401
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Watson Bayou. The project property is a 2.53-acre site located at 1116 Cherry Street in Section 16, Township 4 South, Range 14 West, Panama City, Bay County, Florida.
Directions to the site are as follows: From US Highway 98 in Panama City, head south on Highway 77 (also known as Martin Luther King Boulevard (Blvd.)/ Cove Blvd) for approximately 2 miles to Cherry Street. Turn left on Cherry Street and continue for approximately 0.25 miles. The property is located on the south side of Cherry Street across from Cherry Street Elementary School.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.145326°
Longitude -85.645517°
PROJECT PURPOSE:
Basic: Stormwater treatment
Overall: To create a regional stormwater treatment facility that would provide stormwater treatment for a 52.1-acre drainage basin that currently receives no treatment prior to discharge to the adjacent waterbody, as well as, to reduce sediment deposition into the waterbody.
EXISTING CONDITIONS: The wetland system consists of a nontidal freshwater system. Vegetation within the wetland area was significantly damaged as a result of Hurricane Michael in October 2018. Damaged vegetation was removed from the property and the area has been allowed to revegetate naturally. Vegetation within the wetland area includes Pinus elloittii (slash pine), Magnolia virginiana (sweetbay), Sapium sebiferum (Chinese tallow, an exotic species), Myrica cerifera (wax myrtle), Typha spp. (cattail), and Osmundastrum cinnamomeum (cinnamon fern). The property is highest in the northeastern and southwestern portions of the property sloping to the interior of the property with elevations of 6’ to 23’ NAVD ’88. The existing area surrounding the project site consists of residential development to the south, east and west and a public school to the north. There are two-lane residential roads bordering the property on all four sides. Water flows to the south and east, across the property and empties through a culvert into a tributary to Watson Bayou.
PROPOSED WORK: The applicant seeks authorization to impact 1.72 acres of jurisdictional waters, including wetlands to construct a stormwater treatment pond. The project would involve excavation of 11,844 cubic yards of material from 1.418 acres and the placement of 5,297 cubic yards of fill material into 0.302 acre. The resulting stormwater facility would provide stormwater treatment for a 52.1-acre watershed.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
The proposed wet detention pond is the minimum size required to treat one inch of runoff over the pond’s drainage basin. Due to the limited property available for pond construction, the pond is designed for the provision of treatment volume only.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase 1.27 forested wetland credits from the Horseshoe Creek Mitigation Bank to compensate for loss of wetland functions.
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 pubic 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, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect but is not likely to adversely affect the Eastern indigo snake and the wood stork or their designated critical habitat. The Corps has determined that the project would have no effect on red cockaded woodpecker, piping plover or West Indian manatee. The project impacts to listed species will be evaluated using existing programmatic determination keys. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act, if further consultation is required.
Navigation: The proposed project is not located in the vicinity of a federal navigation channel.
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.
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, Tracey L. Wheeler, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at tracey.l.wheeler@usace.army.mil; or, by telephone at (850)287-0138.
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 would 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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Florida Department of Environmental Protection (FDEP). An Individual Water Quality Certification was issued on February 4, 2022.
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.