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: L. Michael Osman, Deputy Vice President
Hialeah Church of Christ
1474-A W 84 STREET
Hialeah, FL 33014
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a fresh water wetland. The project site is located in the Eastern Turnpike Basin, west of NW 99th Avenue and north of NW 162th Street, in Section 17, Township 52 South, Range 40 East, Hialeah, Miami-Dade County, Florida. Folio: 04-2017-001-0095
Directions to the site are as follows: From the Ronald Reagan Turnpike, take exit 35 for US-27/Okeechobee Rd, make a left onto NW 138th St and turn left onto NW 97th Ave. Make left at dirt road between NW 154 and NW 170th St.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.9209°
Longitude: -80.3616°
PROJECT PURPOSE:
Basic: To construct a religious center.
Overall: To construct a religious center with associated parking and storm water management system in northwest Hialeah, Miami-Dade County, FL.
EXISTING CONDITIONS: The property consists of a 2.5 acre freshwater system and consists of Dania Muck Depressional soils described as a shallow, nearly level, very poorly drained soil located in poorly defined drainage ways and adjacent to deeper organic soils within sawgrass marshes. Most areas are typically ponded for 9 to 12 month in most years and support natural vegetation, which consists of cattail and sawgrass. Dania Muck depressional is listed as a hydric soil.
The onsite vegetation is dominated by a mixture of native species. The ground cover in the majority of areas is composed of Broomsedge (Andropogon virginicus) and Camphorweed (Pluchea odorata). Saltbush (Baccharis halimifolia), Brazilian Pepper (Schinus terebinthifolius), and juvenile and mature Melaleuca (Melaleuca quinquenervia) can be found scattered throughout the property.
PROPOSED WORK: The applicant seeks authorization to place 24,209 cubic yards (CY) of Lime rock fill over 2.5 acres to construct a religious 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:
As part of the design process, the applicant reviewed the development footprint to determine if the proposed project design could be modified in an effort to avoid high quality or regionally important wetland or upland habitats. This review and analysis revealed that the project is located entirely within low quality, historically impacted wetlands. The proposed dredging and filling will be performed in such a way as to preserve water quality from potential contamination during construction. Pre-construction meetings will stress the importance of staying within the project boundaries, and silt fencing will be installed and regularly inspected at the outer edges to ensure no impacts outside of the project boundaries.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The purchase of 1.37 Herbaceous Wetland Credits at Hole in the Donut Mitigation Project - Everglades National Park (HID).
CULTURAL RESOURCES: The project site was evaluated with the November 2016 Jacksonville District Regulatory Division Section 106 Key pursuant to Section 106 of the National Historic Preservation Act and 33 CFR Part 325, Appendix C. Use of the Recourses at Risk layer showed ‘No Potential to Cause Effect”. 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. Accordingly, the effect determination is “and no further coordination is required with the State Historic Preservation Office or the Tribal Historic Preservation Office
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: Wood Stork: Potential impacts to the Wood stork were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Wood Stork in Florida, May 18, 2010 (Key). Use of the Key resulted in the sequence A > B>C>E “NLAA”. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Wood Stork dated 18 May 2010.
Eastern indigo snake: potential impacts to D. c. couperi were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key, dated 13 August 2013 (Snake Key), use of the Snake Key resulted in the following sequential determination: A > B > C “NLAA”.
Florida Bonneted Bat: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus) or its designated critical habitat. The project site is located in the FBB Consultation Area. Use of the 2013 FBB Effect Determination Guidelines resulted in the sequence 1-2> “may affect, but is not likely to adversely affect” the FBB. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
No effect on the Everglades Snail Kite (Rostrhamus sociabilis)
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. 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 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, Patrick Gaughran, in writing at the Miami Permits Section 9900 Southwest 107TH Avenue, Suite 203, Miami, FL 33176; by electronic mail at Patrick.M.Gaughran@usace.army.mil; by facsimile transmission at (305) 526-7184; or, by telephone at (305) 779-6058.
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.