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.
If you are interested in receiving additional project drawings associated with this public notice, please contact the project manager by electronic mail at Kelly.A.Bunting@usace.army.mil.
APPLICANT: Bobby Gibbs
Bay County Utility Services
3410 Transmitter Road
Panama City, Florida 32404
Bgibbs@baycountyfl.gov
WATERWAY AND LOCATION: The project would affect jurisdictional wetlands located at 2112 Frankford Avenue in Section 31, Township 3 South, Range 14 West, Panama City, Bay County, Florida.
Directions to the site are as follows: From the intersection of Harrison Avenue and 6th Street in downtown Panama City, travel west on 6th Street for 0.4 miles. Turn right on United States (U.S.) Business Highway 98/Beach Drive and travel for 1.6 miles. Turn right (north) onto Frankford Avenue. Travel on Frankford Avenue for 1.5 miles and the destination is on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude: 30.186665° North
Longitude: -85.690758° West
PROJECT PURPOSE:
Basic: Municipal water storage.
Overall: To construct a municipal potage water storage tank and associated stormwater pond in Panama City, Bay County, Florida.
EXISTING CONDITIONS: The project site contains an existing potable water storage tank and booster pump station with adjacent undeveloped area on the property consisting of vegetated non-forested freshwater wetlands maintained by mowing. The historic forested wetland system in this area has been altered by development on all sides of the property. The subject wetlands are connected to a sparsely forested wetland area on the southwest corner of the property which connects to a drainage system leading to Pretty Bayou. The property totals 1.75 acres and is bordered to the north by railroad tracks, to the south and west by commercial properties, and to the east by a multi-family residential property.
PROPOSED WORK: The applicant proposes to fill 0.63 acre of herbaceous wetlands for the construction of an additional municipal potable water storage tank at an existing booster pump station. The project would also result in the construction of an adjacent stormwater pond. The excavated material for the pond would be used as fill for the tank site.
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 tank and stormwater pond are the minimum size to adequately accomplish the project purpose and satisfy state water quality requirements. The applicant would minimize impacts by implementing Best Management Practices (BMPs) for erosion control such as silt fencing during project construction.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has proposed to purchase federal forested credits from Bear Creek Mitigation Bank. The number of credits is to be determined.
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, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: Eastern Indigo snake may utilize the project site. Review of the project in accordance with the Florida Programmatic Concurrence and Key dated January 25, 2010, results in a not likely to adversely affect determination for the Eastern Indigo snake (A-B-C-D-E-NLAA) provided the Standard Protection Measures for the Eastern Indigo Snake (Service 2013) would be used during site preparation and construction.
ESSENTIAL FISH HABITAT: N/A
NAVIGATION: N/A
SECTION 408: N/A
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 been verified by Corps personnel.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing within 21 days from the date of this notice. Comments should be submitted via the Regulatory Request System (RRS) public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments through the Panama City Permits Section at 415 Richard Jackson Boulevard (Blvd), Suite 411, Panama City Beach, Florida 32407.
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 waters of the United States, which can include wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as any compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Mrs. Kelly Bunting, in writing at Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411 Panama City Beach, Florida 32407; by electronic mail at Kelly.A.Bunting@usace.army.mil; or, by telephone at (850) 763-0717, extension 2.
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: Water Quality Certification (WQC) is required from the Florida Department of Environmental Protection (FDEP).
COASTAL ZONE MANAGEMENT CONSISTENCY (CZMA): N/A.
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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