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-2017-00422 (SP-MLC)

Published April 14, 2017
Expiration date: 5/5/2017

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: Univision Communications Inc.
                      PO Box 54431
                      Cincinnati, OH 45254

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the C-9 Wetlands Basin. The project is located at the south end of the old Opa-Locka West airport facility in the northwest corner of NW 137th Avenue and NW 186th St. in Section 02, Township 52 South, Range 39 East, Miami-Dade County, Florida (folio #30-2902-000-0010).

Directions to the site are as follows: In Broward County, Florida, travel along the Sawgrass Expressway south to Alligator Alley and exist southbound to US-27. Travel south on US-27 past canal C-9 and the airport entrance will be on the east side of US-27 just north of Krome Avenue on the Northwest corner of the parcel.

APPROXIMATE CENTRAL COORDINATES:

Latitude:    25.946186° N
Longitude: 80.417330° W

PROJECT PURPOSE:

Basic: The basic project purpose is for commercial development.

Overall: The basic project purpose is for commercial development in northwestern Miami-Dade County.

EXISTING CONDITIONS: The wetland system consists of a freshwater system. The project site is an approximately 61.95-acre undeveloped site that has approximately 58.57 acres of freshwater, exotic wetlands. Historically, this site was an herbaceous freshwater marsh system that is now primarily composed of exotic wetlands that are dominated by Australian pine (Casuarina equisetifolia) and Melaleuca (Melaleuca quinquenervia). The central portion has been previously cleared as part of a runway safety area needed at the end of the runway when the airport was operational.
Based on current site conditions, land cover classifications (Florida Land Use, Cover, and Forms Classification System (FLUCCS), Florida Department of Transportation, January 1999) are as follows:

Reservoirs (FLUCCS 530, ±1.09 acres)
A dredged canal, used as an artificial water impoundment, is present in the northeast portion of the project site. This area consisted of open water with minimal littoral vegetation such as cattail (Typha spp.), pickerel weed (Pontederia cordata), and spikerush (Eleocharis spp.)

Freshwater Marsh (FLUCCS 641, ±49.32 acres)
This land classification comprises the majority of the site and is primarily made up of exotic hardwoods. Vegetation observed included melaleuca and Australian pine, interspersed with cabbage palm (Sabal palmetto), sawgrass (Cladium jamaicense), and sea-grape (Coccoloba uvifera). Additionally, in areas lacking a hardwood overstory white-top sedge (Rhynchospora colorata) and pickerel weed were observed.

Wet Prairie (FLUCCS 643, ±8.16 acres)
The central portion of the site has been previously cleared as part of a runway safety area (RSA) when the airport was operational. Melaleuca was observed intermittently in this area; however, the majority of the vegetation was made up of white-top sedge, sawgrass, pickerel weed, and beak sedge (Rhynchospora spp.).

Disturbed Land (FLUCCS 740, ±3.37 acres)
This land classification was observed on the southern boundary of the site and the western bank of the reservoir. The northern area of the RSA is comprised of ruderal grasses. The creation of the reservoir resulted in a berm that is comprised of Melaleuca snags and Australian pine.

PROPOSED WORK: The applicant seeks authorization to place 6,520 cubic yards of fill in 4.04 acres of waters of the United States to non-jurisdictional features for construction of a telecommunications and emergency broadcasting station. Additionally, 13.30-acres of secondary wetland impacts and 37.24-acres of wetland impacts resulting from the mechanized land-clearing of Melaleuca are proposed for the construction of the facility.

The proposed development involves construction of six (6) broadcast towers, an access road running north to south through the site, side roads to the base of the three towers, and associated ground screens and control buildings. This site will be used by FEMA as a Primary Entry Point (PEP) station requiring additional structures on site for back-up communication equipment and power generators.

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 proposed development involves the construction of a six-tower broadcast facility and its associated buildings and support structures. The project proposes 4.04-acres of direct wetland impacts,13.30-acres of secondary wetland impacts and 37.24-acres of temporary wetland impacts resulting from mechanical clearing of Melaleuca. By removing melaleuca from these wetlands, the functional value of these systems will increase. Maintenance paths to guy-wire supports have been minimized by utilizing the proximity of supports to other tower bases and by creating maintenance paths that travel adjacent to support locations, reducing permanent impacts to the wetlands. No impacts to surface waters are proposed on site.

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 mitigate for unavoidable direct and secondary impacts associated with project development by purchasing credits from the Everglades National Park HID Mitigation Bank.

CULTURAL RESOURCES: The US Army Corps of Engineers (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 proposed project will have no effect on the Everglade snail kite, as the site does not contain habitat for this species and it is not designated critical habitat for this species.

The Corps has determined the proposed project is “May affect but is not likely to adversely affect” the wood stork (Mycteria americana). The proposed activity is within the Core Foraging Area (CFA) of six wood stork colonies. Based on the Effect Determination Key for the Wood Stork in South Florida (dated May 18, 2010), the Corps determination sequence was A>B>C>D>E=MANLAA.

The Corps has determined the proposed project “May affect but is not likely to adversely affect” (MANLAA) the Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps determination sequence resulted in A>B>C>D>E= MANLAA.

The Corps has determined the proposed project “May affect” the Florida bonneted bat (Eumops floridanus). Based on the 2013 FBB Effect Determination Guidelines, the Corps determination sequence resulted in 2>c=May Affect. The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the snapper-grouper complex as the proposed project impacts freshwater wetlands. 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 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, 990 SW 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, Megan Clouser, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida, 33176, by electronic mail at Megan.L.Clouser@usace.army.mil, by fax at (305) 526-7184, or by telephone at (305) 526-7182.

IMPACT ON NATURAL RESOURCES: Coordination with USFWS, Environmental Protection Agency (EPA), 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 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.

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.