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: Bay County Florida
c/o John Adair
840 West 11th Street
Panama City, Florida 32401
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Gulf Intercoastal Waterway (GIWW) and West Bay. The project site is located on the north and south side of Steelfield Road between State Road 79 and the Walton County Line in Section 1 and 2 South, Township 17 and 18 West, Range 31-34, 36 and 3-5, Bay County, Florida.
Directions to the site are as follows: From Interstate 10 take Ex.it 112 south on State Road 79 for 35 miles to Steelfield Road and head west for 5 miles to the end of the paved road. The project begins at the end of the pavement and extends west to the Walton County Line.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.354596°
Longitude -85.961054°
PROJECT PURPOSE:
Basic: The basic project purpose is roadway improvements.
Overall: The overall project purpose is to widen and pave an existing county road, improve roadway drainage efficiency and improve vehicular transportation in northwestern Bay County.
EXISTING CONDITIONS: Steelfield Road is a two-lane dirt road that Bay County has maintained since prior to the year 2002. This roadway provides access to adjacent properties and is a transportation route between Walton and Bay Counties. Over the years, this roadway has experienced impacts from significant storm events such as tropical storms and hurricanes. These storm events have caused roadway erosion, sediment transfer, flooding, and loss of residential access, which requires the County to continually maintain or rebuild the road. The wetlands onsite are freshwater herbaceous. Wetland community types were categorized using the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). The following wetland and surface water types are found onsite: 510 – streams and waterways, and 615 – streams and lake swamps (bottomland). The onsite vegetation consists of wild taro (Colocasia esculenta), beautyberry (Callicarpa americana), cabbage palm (Sabal palmetto), laurel oak (Quercus laurifolia), water oak (Quercus nigra), live oak (Quercus virginiana), Carolina willow (Salix caroliniana), and camphor tree (Cinnamomum camphora). The trees within Wetland two (WL-2) are covered with air potato vine (Dioscorea bulbifera). The existing area surrounding the project area consists of medium density residential development.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 4,166 cubic yards of fill material into approximately 1.96 acres of wetlands to construct two 12-foot-wide travel lanes, shoulders, driveways, ditches, and culverts on Steelfield Road. To improve road conditions, the roadway would be paved with asphalt as specified by Bay County. Paving the roadway would reduce sediment transfer in the ditches and outfalls. The drainage ditches would be reconfigured to create gentler slopes and improved capacity. These improvements would reduce velocities in the ditch and minimize the potential for erosion. Once ditch configuration is completed, the ditches would be sodded to further prevent erosion. Work within the wetlands would be required for the some of the ditches, culvert replacements, and roadside grading.
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 project footprint has been reduced to the greatest extent practicable to minimize the impacts and effects on the adjacent wetlands. The roadside front slopes were reduced from 1 vertical (v):6horizontal (h) slope to 1 v:4h slope to decrease the roadway impacts. Additionally, the roadside ditch on the south side was eliminated for a majority of the project to reduce wetland impacts.
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 the appropriate number of federal mitigation bank credits from an approved local mitigation bank (Sand Hill Lakes MB, Bear Creek MB, Breakfast Point MB, Devil’s Swamp MB, Horseshoe Creek MB, Nokuse MB, and/or Sweetwater MB). The number of credits needed would be finalized during the Corps’ project review using the Uniform Mitigation Assessment Method (UMAM).
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: Based on existing conditions, the area of proposed impact and the types of activities proposed, the Corps has determined the proposed project would have no effect on the Alligator snapping turtle (Macrochelys temminckii)), eastern black rail (Laterallus jamaicensis ssp. jamaicensis), Godfrey's butterwort (Pinguicula ionantha), Gulf sturgeon (Acipenser oxyrinchus (=oxyrhynchus) desotoi), Telephus spurge (Euphorbia telephioides), Tricolored bat (Perimyotis subflavus), and White birds-in-a-nest (Macbridea alba).
Additionally, pursuant to the September 2008 Wood Stork Key for Central and North Peninsular Florida and the June 2019 Standard Local Operating Procedure for Endangered Species (SLOPES) Manual – Alabama and Florida Panhandle the proposed project would have no effect on the wood stork (Mycteria americana), piping plover (Charadrius melodus), and red knot (Calidris canutus rufa),
Eastern Indigo Snake (Drymarchon couperi corais): The areas of excavation, culvert installation/replacement, and ditch stabilization do not contain holes or cavities that could provide habitat for the eastern indigo snake. By use of the Eastern Indigo Snake Key dated 1 August 2017, the project results in a path of A-B-C-D, may affect but is not likely to adversely affect the eastern indigo snake provided the permit is conditioned for use of the Service’s current guidance for Standard Protection Measures For The Eastern Indigo Snake during site preparation and project construction. With an outcome of “not likely to adversely affect (NLAA)” as outlined in the key, the requirements of Section 7 of the Endangered Species Act (ESA) are fulfilled for the eastern indigo snake and no further action is required.
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. There is no EFH within the project area. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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 road drainage improvements 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 Galveston District, Permit Evaluation Branch, Attn: Kevin Mannie, 2000 Fort Point Road, Galveston, Texas 77550 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, Kevin Mannie, in writing at the Galveston District, Permit Evaluation Branch, 2000 Fort Point Road, Galveston, Texas 77550; by electronic mail at kevin.s.mannie@usace.army.mil; by facsimile transmission at (409)766-3931; or, by telephone at (409)766-3016.
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.
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: WQC is required from the Northwest Florida Water Management District (NWFWMD). The project was reviewed under NWFWMD application no. PDEX-005-318352-1.
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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