Janice Blair 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 Perry C/o Mr. Bob Brown 224 South Jefferson Street Perry, Florida 32347 WATERWAY AND LOCATION: The proposed project is located within the Suwannee River Watershed along Jefferson, Washington, and Center Street(s), between Ellis Street and Buckhalter Way within Spring Creek and abutting unnamed wetlands that discharge to the Fenholloway River, in Section 24, Township 04 South, Range 07 East, in the City of Perry, Taylor County, Florida. Directions to the site are as follows: From Hwy 30 E/FL-30 E/Rte 30 E/SR 30 E/State 30 E/State Hwy 30 E/US-98 E/ Hampton Springs Avenue in the City of Perry, travel north on S Jefferson Street for approximately 500 feet to the bridge crossing at Spring Creek. The project is located within and adjacent to Spring Creek on either side of the bridge. APPROXIMATE CENTRAL COORDINATES: Latitude: 30.114361° North Longitude: 83.580748° West PROJECT PURPOSE: Basic: Stormwater improvements and construction of a public park. Overall: To construct facilities that improve stormwater capacity and treatment and to construct a public park within the city limits of Perry, Florida. EXISTING CONDITIONS: The proposed project area encompasses eight parcels totaling 14.02 acres. Approximately 5.22 acres of the project area consist of Waters of the United States including riverine and palustrine wetlands. Located within the project area is Spring Creek that flows in a westerly direction to the Fenholloway River and receives flow from a natural spring located on the eastern portion of the project area at Foley Park and from a drainage feature that originates northeast of the project site. Property surrounding the project site consists of both privately and publicly owned lands. Wetlands within the project site north of the creek have been disturbed by ongoing maintenance activities (mowing) performed within the floodplain of the creek while the forested wetlands within the project site directly south of the creek are largely undisturbed. PROPOSED WORK: The proposed project is to impact 5.17 acres of Waters of the United States including wetlands for the construction of facilities that improve stormwater capacity and treatment and construction of a public park. The proposed stormwater capacity and treatment improvement impacts consist of construction of an impoundment structure within a portion of Spring Creek; removal of a portion of existing roadway and culverts (Washington Street); littoral shelf construction and planting; and installation of Stormceptor© devices. The proposed public city park impacts include construction of an amphitheater; construction of a public parking facility; and construction of an asphalt walking trail. 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 dredged material will be properly disposed of offsite. The impacts to the water of the United States will be temporary in nature and isolated to the area of work. The sheet-pile weir wall will prevent the dredge or fill material from making its way downstream. COMPENSATORY MITIGATION: The applicant provided the following explanation why compensatory mitigation should not be required: Compensatory mitigation should not be required due to the temporary nature and location of the impacts mentioned above and the fact that this project will enhance the existing creek by cleaning up untreated stormwater discharge and providing additional treatment by means of a permanent pool and littoral shelf. The applicant also provided the attached mitigation plan. CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area. ENDANGERED SPECIES: The Corps has determined the proposal would have no effect on any federally listed threatened or endangered species or designated critical habitat. The Corps final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the United States Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries Service (NMFS). 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 Corps initial determination is that the proposed action would not have a substantial adverse impact on EFH or any 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 NMFS. 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. AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification was provided on November 5, 2013; through the Suwannee River Water Management District issuance of Environmental Resource Permit number ERP13-0101 (Copy attached). COMMENTS: All 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, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405, 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 applicants avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed. QUESTIONS: All questions concerning this application should be directed to the project manager, Jason Lockwood, in writing at the Panama City Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405, by electronic mail at [email protected], by fax at (850) 872-0231, or by telephone at (850) 763-0717 x-21. IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat 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 the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest. 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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. 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
Posted on: Tue, 25 Mar 2014 20:17:30 +0000
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