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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.


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Posted: 8/3/2017

Expiration date: 8/24/2017

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:          Newport Development Partners, LLC

                                c/o Alex Meruelo

                                6701 Collins Avenue

                                Miami Beach, FL 33141



WATERWAY AND LOCATION:  The project would affect waters of the United States associated with freshwater wetlands in southern Miami- Dade County.  The site is located south of S.W. 336th Street and east of S.W. 172nd Avenue, in Section 19, Township 57 South, Range 39 East, Miami-Dade County, Florida City, FL (Folio # 16-7919-001-0480, 0470, 0460).


Directions to the site are as follows:  From the Florida Turnpike exit at Palm Drive.  Head east on Palm Drive and make a left at SW 172 Avenue.  Continue north to SW 336th Street.  The site will be located on the right hand side of the road.



Latitude:       25.453476º

Longitude:   -80.467894º



Basic:  The basic project purpose is for a multi-family residential development.

Overall:  The overall project purpose is for a multi-family residential development as well as parking spaces and an associated storm water treatment system in the Florida City, Miami-Dade County.


EXISTING CONDITIONS: The property proposed for development has been actively farmed as a row crop and most recently as a tree nursery for the last 60+ years. The soil survey details the presence of the drained hydric soil, Pennsuco marl, on the site.


The site has been in agricultural use as a tree nursery for the past few decades. The trees were removed about a year ago and currently the site is fallow (unplanted) and has become overgrown with invasive exotics. Remnant rows and furrows were observed in some areas of the property.


A never farmed forested wetland with extensive Schinus terebinthifolius, Bischofia javanica and Ardisia elliptica invasion exists in the southeastern corner of the property.


The following are descriptions of the wetland areas:


Agriculture – Wet Prairie – 15.48 Acres

This area was recently in agricultural use as a tree nursery. It has gone fallow and the trees removed within the past 12 – 18 months. Currently, the majority of the site is overgrown with Elephant Grass (Pennisetum Purpurea) and Para Grass (Urochloa mutica). The substrate (Pennsuco marl, drained) has been routinely overturned and rows / furrows still exist throughout the site.


Exotic Wetland Hardwoods – 1.93 Acres

This forested area is located on the southeast corner of the property. This area represents the only never-farmed portion of the site. Canopy species within this forested area are primarily the invasive exotics Schinus terebinthifolius, Bischofia javanica and Ardisia elliptica. Coastal plain willow is present in a few clumps, primarily the northeast side of the polygon. A handful of Leather Fern exist within the interior of this forested area.  Additional areas shown on the wetland map include 0.56 acres of previously mitigated forested wetlands and a filled access road that was previously farmed nursery.


PROPOSED WORK:  The applicant seeks authorization to discharge clean fill material into 17.97 acres of waters of the United States to construct a multi-family residential development with associated infrastructure and storm water treatment system.


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 subject site lies within a wetland basin that has been significantly developed and degraded, as a result, the possibility of within-site minimization or mitigation is not reasonable or prudent.  The surrounding land uses have severally altered the wetland hydrology of the immediate area. The subject site has been degrading over time and is now dominated by exotic pest trees. Any on-site wetland area would lack the size and robustness for effective self-sustainability; thus the proffer of offsite mitigation at the Hole in the Donut (HID) described below


COMPENSATORY MITIGATION:  The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The unavoidable wetland impacts will be mitigated by purchase of credits from the Everglades Mitigation Project (a.k.a. HID).


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 may affect, but is not likely to adversely affect the wood stork (Mycteria americana), the Eastern Indigo snake (Drymarchon corais couperi), the Everglades snail kite (Rostrhamus sociabilis) and the Florida Bonneted Bat (Eumops floridanus) and the Florida Panther (Puma concolr coryi).  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 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 as the project site is inland of fisheries resources.   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/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, Florida, 33176 within 30 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, Albert Gonzalez, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite # 203, Miami, Florida, 33176, by electronic mail at albert.gonzalez@usace.army.mil, by fax at (305) 526-7184, or by telephone at (305)779-6055. 


IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat


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 of 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.

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