Public Notice Notifications

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.

SAJ-2017-00796(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: Lennar Homes, LLC
                      730 NW 107th Ave., Suite 300
                       Miami, FL 33172

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Bird Drive Wetlands Basin. The project site is located between Southwest 44th Street and Southwest 45th Street and west of Southwest 157 Ave, to east of Southwest 160 Court, in Section 20, Township 54 South, Range 39 East, unincorporated Miami-Dade County, Florida (Folio #s 30-4920-001-0170, 30-4920-001-0180, 30-4920-001-0181, and 30-4920-001-0190).

Directions to the site are as follows: From Miami International Airport, proceed west on FL-836. From FL-836W, exit FL-825/NW 137 Ave. Take US-41 and SW 157 Ave to SW 44 Terrace. The proposed project site is located between Southwest 44th Street and Southwest 45th Street and west of Southwest 157 Ave, to east of Southwest 160 Court.

APPROXIMATE CENTRAL COORDINATES:

Latitude:     25.723275°
Longitude: -80.451233°

PROJECT PURPOSE:

Basic: The basic project purpose is to construct residential housing.

Overall: The overall project purpose is to construct residential housing in southwest Miami-Dade County.

EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite vegetation consists of an herbaceous wetland composed of sawgrass-muhly grass with a saltbush/exotic dominated fringe in the Bird Drive Wetlands Basin. The existing area surrounding the project area consists of residential development on all four sides.

PROPOSED WORK: The applicant seeks authorization to construct a single-family residential development with associated infrastructure which includes roadways, landscaping and a stormwater management system which includes an on-site lake component by placing 171,176 cubic yards of fill in 22.33 acres of 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 applicant has stated, “Avoidance and minimization of impacts is considered to the extent practicable. Due to the development type proposed and municipal requirements, the proposed project needs to impact 22.33 acres of wetlands previously altered by farming activities.”

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

The applicant has stated, “Compensation for the unavoidable wetland impacts will occur as credits purchased from Everglades National Park Hole-in-the-Donut Mitigation Bank or Florida Power & Light Everglades Mitigation Bank.”

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 proposed project is “May affect but is not likely to adversely affect” the wood stork (Mycteria americana). 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.

Additionally, the Corps has determined that the project “may affect, but is not likely to adversely affect” the Florida Bonneted Bat (Eumops floridanus). Based on the 2013 FBB Effect Determination Guidelines, the Corps determination sequence resulted in 2>D = MANLAA. The Corps will request concurrence with this determination from the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined that the proposed project will have “no effect” on the Everglades Snail Kite (Rostrahmus sociabilis plumbeus) because the project area provides no suitable habitat for the species.

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 have no substantial adverse impact on EFH or Federally managed fisheries in the snapper-grouper complex. 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, 9900 SW 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, Megan Clouser, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at Megan.L.Clouser@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305)526-7182.

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 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.