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Public Notice with Attachments DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 1002 WEST 23RD STREET, SUITE 350 PANAMA CITY, FLORIDA 32405 REPLY TO May 9, 2018 ATTENTION OF Regulatory Division North Permits Branch Panama City Permits Section PUBLIC NOTICE Permit Application No. SAJ-2018-00744 (SP-TLW) 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 Public Works WATERWAY AND LOCATION: The project would affect waters of the United States including wetlands associated with widening Jenks Avenue between Baldwin Road and State Road 390 in Panama City, Bay County, Florida (Bay County parcel number 11740-200-000). Construction of the project will result in impacts to 3.87 acres of jurisdictional waters and wetlands for construction of the roadway, stormwater treatment facilities and conveyances. Directions to the site are as follows: In Panama City, take Highway 98 (also known as 15th street) or 23rd Street east to Jenks Avenue. Take a left on Jenks Avenue and proceed north to Baldwin Road. The road widening project is located in the Jenks Avenue ROW, between Baldwin Road and State Road 390. The 27 acre parcel is located on the east side of Jenks Avenue immediately north of the Waterstone at Jenks apartments. APPROXIMATE CENTRAL COORDINATES: Latitude 30.21469 ° N Longitude - 85.66 ° W PROJECT PURPOSE: Basic: Roadway widening, stormwater management and habitat restoration. Overall: To provide for improved traffic flow, safety, and stormwater along Jenks Avenue and to improve habitat for Panama City crayfish in Panama City, Bay County. EXISTING CONDITIONS: The wetlands consist of ditches in the road right-of-way and freshwater systems (wet prairie and shrub swamp) on the 27 acre parcel. The Jenks Avenue right-of-way includes the existing roadway, utilities, roads and/or driveways to businesses, churches, medical facilities, and residential areas, maintained road shoulders, and ditches and swales. The roadside shoulder consists primarily of ruderal and ornamental plantings. The uplands on the 27 acre parcel consist of mesic flatwoods. The wet prairie on the 27 acre parcel is a fire suppressed and hydrologically altered landscape that is currently dominated by several strata of woody shrubs. The groundcover has been eliminated or is suppressed. The vegetation observed includes: Slash pine (Pinus elliottii), black titi (Cliftonia monophylla), white titi (Cyrilla racemiflora), hairy huckleberry (Gaylussacia mosieri), bear nyssa (Nyssa ursina), variable leaf wax myrtle (Myrica caroliniensis), wax myrtle (Myrica cerifera), greenbrier (Smilax laurifolia), poison ivy (Toxicodendron radicans), blueberry (Vaccinium spp.), bitter gallberry (Ilex coriacea), gallberry (Ilex glabra), fetterbush (Lyonia lucida), climbing fetterbush (Pieris phillyreifolia), swamp fetterbush (Eubotrys racemosa), sweet pepperbush (Clethra alnifolia) and swampbay (Persea palustris). Compared to a well-managed wet prairie the site has very low plant diversity. Few small remnants of higher quality wet prairie are present on the eastern boundary of the site between the mesic pine flatwoods and the shrub bog. The shrub swamp on the 27 acre parcel is a fire suppressed and hydrologically altered landscape that is currently dominated by several strata of woody shrubs. The groundcover has been eliminated or is suppressed, mostly bare ground. The vegetation observed includes: A canopy of slash pine (Pinus elliottii), pond cypress (Taxodium ascendens) and black titi (Cliftonia monophylla). The strata below the canopy includes: black titi (Cliftonia monophylla), white titi (Cyrilla racemiflora), hairy huckleberry (Gaylussacia mosieri), bear nyssa (Nyssa ursina), variable leaf wax myrtle (Myrica caroliniensis), wax myrtle (Myrica cerifera), greenbrier (Smilax laurifolia), poison ivy (Toxicodendron radicans), blueberry (Vaccinium spp.), bitter gallberry (Ilex coriacea), gallberry (Ilex glabra), fetterbush (Lyonia lucida), climbing fetterbush (Pieris phillyreifolia), swamp fetterbush (Eubotrys racemosa), sweet pepperbush (Clethra alnifolia) and swampbay (Persea palustris). Compared to a well-managed shrub swamp the site has very low plant diversity. Vegetation observed in the ditches along Jenks Avenue includes: Beggar-ticks (Bidens mitis), false nettle (Boehmeria cylindrica), carex (Carex glauca), panic grass (Dichanthelium scabriusculum), erigeron (Erigeron vernus), hatpins (Eriocaulon decangulare), swamp violet (Viola lanceolata), mermaid weed (Proserpinaca pectinata), beak sedge (Rhynchospora spp.), rush (Juncus spp.), frogfruit (Phyla nodiflora), water primrose (Ludwigia spp.), blackberry (Rubus argutus), sphagnum moss (Sphagnum spp.), cinnamon fern (Osmunda cinnamomea), netted chainfern (Woodwardia aereolata), Virginia chainfern (Woodwardia virginica), Florida betony (Stachys floridana), coinworty (Centella sp.), pennywort (Hydrocotle sp.), Japanese climbing fern (Lygodium japonicum), Chinese tallow (Sapium sebiferum), bahia grass (Paspalum notatum), and torpedo grass (Panicum repens). The existing area surrounding the Jenks Avenue right-of-way includes businesses, churches, medical facilities, and residential areas. The existing area surrounding the 27 acre parcel consists of a ditch and Jenks Avenue to the west; the Talkington Preserve 2 and commercial and residential developments to the north; an apartment complex to the south; and a large ditch along the east side of the parcel. PROPOSED WORK: The applicant seeks authorization to impact approximately 0.87 acre of jurisdictional ditches in the Jenks Avenue right-of-way (ROW) to construct road improvements and approximately 3.0 acres of altered wetlands on a 27 acre parcel (Bay County parcel no. 11740-200-000) located on Jenks Avenue to construct the associated stormwater treatment facility. The road widening project will include bike lanes, sidewalks, and two stormwater ponds. The project also includes restoration of approximately 16.8 acres of fire-suppressed, altered wet prairie and shrub bog on the 27 acre parcel. Restoration is proposed to reduce tree and shrub coverage to provide appropriate habitat for the Panama City Crayfish, which is proposed for federal threatened species listing. Restoration will be conducted by hand, chainsaw, or mowing/brush cutting, grapple or similar methods. Follow-up herbicide application may also be used. 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: Additional impacts to wetlands were avoided by selection of the 27 acre parcel for the proposed stormwater ponds. Construction of the stormwater ponds on the 27 acre parcel will result in the least environmentally damaging practicable alternative, while allowing for the road widening project to be constructed. Impacts were minimized to 3.0 (+/-) acres of altered, fire-suppressed wet prairie and shrub swamp on the 27 acre parcel and 0.87 (+/-) acres of ditches and swales in the road ROW. The project areas are surrounded by urban development, including roads, ditches and residential and commercial uses. The wetlands proposed for impact are fire-suppressed and hydrologically altered landscapes that are currently dominated by several strata of woody shrubs. The groundcover consists of primarily bare ground and the wetlands have very low plant diversity, providing little support or appropriate habitat for listed species. The stormwater pond siting is limited by the need to be located near the ROW and inflow and outfall locations, and by the site topography. For staging of the eastern stormwater pond, there needs to be a difference between the inlet and outlet elevations. The site topography grades from higher elevation in southeast corner to a lower elevation in the northeast corner of the site. The western pond will be located adjacent to the Jenks Ave ROW to facilitate treatment of run-off from Jenks Avenue. The spatial arrangement of uplands and wetlands on the project site makes it impractical to site the ponds without impacts to wetlands. COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Mitigation credits will be purchased from a mitigation bank that is located in the same watershed to off-set impacts associated with the project. 3 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. The 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 proposed project may affect, but is not likely to adversely affect the Eastern Indigo snake 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 project may affect, but is not likely to adversely affect the Panama City crayfish which has been proposed for listing. The Corps will request a conference opinion from U.S. Fish and Wildlife Service pursuant to Section 7 of the
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