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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as 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 tracey.l.wheeler@usace.army.mil.
APPLICANT:
Florida Fish and Wildlife Conservation Commission
Attention: Katherine Burke
1875 East Orange Avenue
Tallahassee, Florida 32301
WATERWAY AND LOCATION: The project would affect aquatic resources associated with The Gulf of Mexico. The project site is located in the Big Bend Wildlife Management Area, Hickory Mound Unit, southwest of Perry. The project is in Sections 19, 20, 24, 25, 29 and 30, Township 5 South, Ranges 4 and 5 East in Taylor County, Florida.
Directions to the site are as follows: From Panama City, take Florida Highway 20 east for 49.8 miles. Take a slight right onto Florida Highway 267 south for 30.7 miles. Turn left onto US Highway 98 and continue east for 22.1 miles. Turn right onto Cow Creek Grade and follow for 7.5 miles. The impoundment is located on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.025697°
Longitude -83.863725°
PROJECT PURPOSE:
Basic: Shoreline protection.
Overall: Restore and maintain the hydrologic control within the existing dike at the Hickory Mound Impoundment (HMI) within the Big Bend Wildlife Management Area.
EXISTING CONDITIONS: The wetland system consists of an estuarine and marine system along southern portions of the project area and a freshwater system in northern portions. Wetlands observed within the HMI include salt marsh, hydric hammock, depression marsh, and mixed hardwood coniferous swamps. Construction activities would only occur on the berm surrounding the impoundment and, therefore, the fringe wetland habitat at the base of the berm would be impacted. Wetland impacts associated with the low water crossings would be limited to the side slopes immediately adjacent to the existing road.
Excavated ditches are located along both sides of the berm throughout the project area with the exception of a few hammocks along the southern berm used as picnic areas. Vegetation observed along the berm included groundseltree (Baccharis halimfolia), wax myrtle (Morella cerifera), yaupon holly (Ilex vomintoria), eastern red cedar (Juniperus virginiana), sabal palm (Sabal palmetto), and live oak (Quercus virginica). Vegetation observed at the water’s edge of the berm included pickerel weed (Pontederia cordata), sawgrass (Cladium jamaicense), Rhynchospora sp., three-square bulrush (Scirpus punguns), and black needlerush (Juncus roemerianus).
The existing area surrounding the project area is undeveloped and is part of a large complex of wildlife management areas, state parks and National Wildlife Refuge. Waters include large areas of streams, waterways, forested wetland, and wet prairies. Tidal salt marsh extends from the berm, south, where it meets the waters of the Gulf of Mexico. Estuarine wetlands transition into freshwater emergent wetlands and into forested wetlands.
PROPOSED WORK: The applicant seeks authorization to impact 8.01 acres of jurisdictional waters, including wetlands in order to repair and improve the existing dike to restore vehicular access for hunters, birders and crabbers within the Wildlife Management Area. Proposed improvements include raising the height of the dike in two portions to a height of 6 feet and removing portions of the existing berms in 4 locations to create low water crossings. Low water crossings would restore hydrologic connection between the impoundment and adjacent waters and would reduce pressure on the dike during storm events. In order to construct the crossings, the applicant proposes to excavate 2 feet of material and backfill with appropriate material. Crossings would be stabilized with rock to reduce erosion during high water events. Existing dike sections would be repaired and expanded in order to improve their ability to withstand storm surge.
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 fill material in surface waters has been reduced to the minimum amount necessary to raise the berm with 4:1 slopes. Best Management Practices including silt fence and turbidity curtains would be implemented during construction to minimize any impact to water quality.
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed project would improve natural water flow and would not cause adverse impacts to existing surface waters storage or conveyance; therefore, the applicant did not propose compensatory mitigation.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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, 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 West Indian manatee, Eastern black rail, wood stork, eastern indigo snake, whooping crane and Gulf sturgeon or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. The tricolored bat is a candidate species for listing and may be present in the project area. A Conference Opinion may be requested for this species.
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 2.31 acres of estuarine waters and salt marsh utilized by various life stages of coastal pelagic species, shrimp, and sharks. 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.
Navigation: The proposed activity 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 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 of 1972.
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 may be required from the Suwannee River Water Management District (SRWMD). The project is being reviewed under application number ERP-123-210616-4.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.
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