Public Notice Notifications

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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.

SAJ-2016-03377(SP-NML)

Published April 6, 2017
Expiration date: 4/27/2017

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:      Beacon Lakes Community Development District

                           210 North University Drive, Suite 702

                           Coral Springs, Florida, 33071

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with wetlands adjacent to the NW 41st street canal.  The project site is located along Northwest (NW) 122nd Avenue between Northwest 25th street and Northwest 41st Street, legally described as BLKS 1 & 8 & 9 & 16 OF PB 27-33 & E70FT OF BLKS 17 & 24 & 25 & 32 OF PB 30-1 LESS S70FT OF E70FT BLK 32 & LESS PORT OF BLK 32 IN RR R/W within Section 25, Township 53 South, Range 39 East, in unincorporated Miami-Dade County, Florida 33182. (Folio 30-3925-000-0030)   

 

Directions to the site are as follows: The Beacon Lakes NW l22nd Avenue project is located west of the Homestead Extension to Florida's Turnpike (HEFT), between NW 25th Street to the south and NW 41st Street to the north, Medley, Miami-Dade County.

 

APPROXIMATE CENTRAL COORDINATES:         

Latitude:      25.800747°

Longitude:  -80.393793 °

 

PROJECT PURPOSE:

Basic: The basic project purpose is to construct a roadway.

Overall:  The basic project purpose is to construct a roadway in unincorporated Miami-Dade County.

 

EXISTING CONDITIONS:  The project site is approximately 11.00-acres highly altered from natural conditions. The northern portion of the project area consists of three disturbed wetland communities in addition to an area of mixed hardwoods.  The three wetland communities observed included disturbed freshwater marsh with Australian pine (Casuarina equisetifolia), disturbed freshwater marsh with melaleuca (Melaleuca quinquenervia), and disturbed freshwater marsh with no canopy. The remaining acreage in the central and southern portions of the site consists of a haul road for Florida Rock Industries, Inc. (FRI) and upland forested areas.

 

The western and southeastern edges of the site are adjacent to large mine borrow pits. The northeastern edge of the site is cattle pasture land owned by Turnberry/Doral Development Limited Partnership which also includes disturbed freshwater marsh wetlands.  Directly north of the site is the NW 41st Street roadway ditch followed by NW 41st Street. Directly south of the site is the NW 25th Street canal followed by NW 25th Street. Post-proposed development land use will include right-of-way that will be the extension of the existing NW 122nd Avenue roadway immediately north of NW 41st Street.

 

PROPOSED WORK:  The applicant seeks authorization to install 14,500 cubic yards of fill over approximately 2.97 acres of freshwater wetlands.

 

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 Beacon Lakes NW 122nd Avenue project proposes the construction of a roadway extension.   As required by Miami-Dade County, the alignment of the proposed roadway must match the existing NW 122nd Avenue just north of NW 41st Street. Therefore, the alignment of the proposed roadway will extend from the existing NW 122nd Avenue with the same capacity.  If the roadway were adjusted to the east or west, it would not allow for proper alignment with the existing roadway.  Although shifting the roadway alignment to the west would reduce wetland impacts, the County has rejected such an adjustment in favor of aligning the proposed roadway with the existing roadway. It was determined that design modifications to eliminate and/or reduce impacts were not practicable as the project needs to align with the existing roadway infrastructure of NW 122nd Avenue.  This will include the placement of approximately 14,500 cubic yards (392,000 cubic feet) of fill to accommodate the construction of the roadway and associated runout slopes.  Construction practices will include perimeter stabilization and erosion and sediment control measures to minimize impacts as much as practical to the surrounding wetland areas

 

Based on a historical analysis, the project site has been under construction pressure since the late 1960’s as canals, ditches, and mine pits were being constructed in the surrounding area, thereby permanently altering the native soils and hydrology which facilitated exotic species recruitment.  By the 1980’s and 1990’s, surrounding mine pit activities had increased significantly along with roadways, industrial, and commercial development further altering the site and its hydrology.  Therefore, the site is considered low quality as it has been effected by canals and surrounding mine pits resulting in the establishment of invasive and exotic plant species on the majority of the site.

 

Currently, these wetlands do not provide high-quality habitat for native wildlife and support limited native vegetative communities.  Preserving these wetlands would not provide a high level of wetland functions.  Because of the site constraints and low wetland quality, off-site mitigation was selected to offset the wetland impacts.  Off-site mitigation obtained through the purchase of mitigation bank credits will help to conserve regionally significant high-quality wetlands of long-term ecological value. 

 

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

 

If it is determined that the issuance of a DA permit is appropriate, compensatory mitigation would be satisfied via a contribution to the Hole-in-the-Donut Mitigation Bank (HID). To offset anticipated impacts to 2.97 acres of wetlands, the applicant has proposed to purchase the appropriate number of mitigation bank credits from HID or EMB.

 

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:  Potential impacts to the endangered Wood Stork were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Woodstork in Florida, May 18, 2010 (Key).  Use of the Key resulted in the sequence A>B>C>E “may affect, not likely to adversely affect with Service approved mitigation bank; and habitat compensation replaces foraging values”.

 

Potential impacts to the endangered Eastern Indigo Snake were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Eastern Indigo Snake in Florida, dated August 13, 2013 (Key).  Use of the Key resulted in the sequence A>B>C>D “may affect, not likely to adversely affect”.

 

Potential impacts to the endangered Florida Bonneted Bat (Eumops floridanus) (FBB) were evaluated using Corps of Engineers, Jacksonville District, Determination Key for the FBB 2013 (Key). Use of the Key resulted in the sequence 1> 2b May Affect. However, based on the exotic dominated habitat, melaleuca and Australian pine, mostly with a diameter of eight inches or less, the dense understory along the edges with a variety of shrubs and herbaceous plant, and the lack of tall large trees with crevices or snags, palms with an appropriate crownshaft, the Corps has determined that the project “may affect, but is not likely to adversely affect,” the Florida Bonneted Bat (Eumops floridanus).

 

The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.

 

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 proposal would not impact 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.

 

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.

 

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 S.W. 107th Avenue, Suite 203, Miami, Florida 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, Nicole Liette, in writing at the Miami Permits Section, 9900 S.W. 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at Nicole.M.Liette@usace.army.milor, by telephone at (305) 779-6051. 

 

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.  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.