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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2005-10030(SP-NML)

Posted: 1/5/2017

Expiration date: 1/26/2017


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:      Mr. Reinaldo Vilar, Managing Member

                          FVP Hialeah 21, LLC.

                          15500 New Barn Road, Suite 104

                           Miami Lakes, Florida 33014

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Miami Canal.  The proposed project site is located in freshwater wetlands north of east of Northwest 138th Street, east of Northwest 107th Avenue and west of I-75.  The project is located within the East Turnpike Wetlands Basin in Miami-Dade County.  The project is within Section 20, Township 52 South, Range 40 East (Folios 04-2020-001-0070, 04-2020-001-0071, and 04-2020-001-0075).

 Directions to the site are as follows:  From the Florida Turnpike exit at U.S. Interstate 27 (a.k.a. West Okeechobee Road).  Turn north onto Northwest 107th Avenue, the southwest corner of the project is located at the intersection of Northwest 107th Avenue and Northwest 138th Street.

 

APPROXIMATE CENTRAL COORDINATES:          Latitude:      25.89922°

                                                                                  Longitude:  -80.37101°

 

PROJECT PURPOSE:

Basic:  To construct a commercial development.

Overall:  To construct a commercial development with the associated stormwater management system in northwest Miami-Dade County, Florida.

 EXISTING CONDITIONS:  The wetland system consists of a disturbed freshwater system.  The onsite vegetation consists of Australian Pine (Casuarina spp.), Duck Potato (Sagitaria sp.), and various seasonal obligate vegetation.  The existing area surrounding the project area consists of light industrial, truck/trailer storage, earth moving activities, two roads, and the Miami Canal.

 PROPOSED WORK:  The applicant seeks authorization to impact 4.98 acres of freshwater wetlands for construction of a multi use commercial center.

 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 applicant determined that possible design modification in order to avoid or minimize impacts to the small (4.9 acre) “postage stamp” freshwater wetland would be unfeasible due to the poor quality of the wetland as well as the surrounding land uses.  The applicant goes onto state there are no adjacent quality wetlands with which to connect an on-site wetland component as the project is surrounded on all sides by developed uplands or filled roads.  A small mitigation area in an isolated exotic dominated location would have little to no chance of being successful.

 COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 “Should the Corps determine the proposed project warrants authorization mitigation would be required to offset impacts associated with the 4.98-acre freshwater wetland.  The applicant has proposed to replace the loss of wetland functions by contributing to the Hole-in-the-Donut in-Lieu Fee which services the project location.  Time lag and risk would be a required component of any mitigation requirement.  The appropriate amount and location of mitigation will be determined after consultation with federal, state, and local agencies.”

 CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.

 ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork (Mycteria americana).  The Corps has also made the determination that the project may affect, but is not likely to adversely affect the Eastern Indigo snake (Drymarchon corais couperi).  The Corps has programmatic concurrence with these determinations based on the “Eastern Indigo Snake Programmatic Effect Determination Key (amended August 13, 2013)” from the U.S. Fish and Wildlife Service for the Indigo snake and 18 May 2010 letter for the wood stork.

 Using the Florida Bonneted Bat Guidelines and the Google overlay, the proposed project falls within the Florida Bonneted Bat Consultation Area; therefore in accordance with the FBB Guidelines, the Corps has determined that the proposed project "may affect, but is not likely to adversely affect" the Florida Bonneted Bat (Eumops floridanus).  The Corps received concurrence from U.S. Fish and Wildlife Service on November 12, 2015.  Consultation is complete pursuant to Section 7 of the Endangered Species Act of 1973, as amended.

The Corps has determined that the project would have no impacts on any other listed species.

 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 may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

 COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, FL 33176 within 21 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, Ms. Nicole Liette, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at nicole.m.liette@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305)779-6051.

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.  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 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.

 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.

Jacksonville District Miami-Dade County permit public notice U.S. Army Corps of Engineers USACE