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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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SAJ-1990-01396 (SP-NDF)

Posted: 10/16/2017

Expiration date: 11/6/2017

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:      FVP Gateway, LLC

                           c/o Reinaldo Villar

                           15500 New Barn Road, Suite 104

                           Miami Lakes, FL 33014


WATERWAY AND LOCATION: The project would affect waters of the United States in the South Dade Wetland Basin. The project site is comprised of a vacant lot located west of Krome Avenue at the intersection with US 1/South Dixie Highway, in Section 30, Township 57 south, Range 39 east, Florida City, Miami-Dade County, Florida (Folio No.16-7930-001-0040).


Directions to the site are as follows: From Downtown Miami - Head northeast on SE 4th Street toward SE 1st Avenue. Use the left lane to turn slightly left onto SE 1st Avenue. Turn left onto SE 2nd Street. Take the ramp onto I-95 north. Take exit 3A to merge onto FL-836 toward airport. Take the 826/Palmetto Expressway exit. Continue on FL-874 south, follow the signs for Toll Road/Homestead. Merge onto Ronal Regan Turnpike. Take exit 1 and merge onto US-1 S/NE 1st Avenue. Turn right onto FL-997 N. The property will be on the west side of South Krome Avenue.


APPROXIMATE CENTRAL COORDINATES:          Latitude:     25.43749º

                                                                                  Longitude: -80.47656º



Basic: The basic project purpose is for a multi-use commercial and residential development.

Overall: The overall project purpose is for a multi-use commercial and residential development in the South Dade Wetlands Basin, Florida City, Miami-Dade County, Florida.


EXISTING CONDITIONS: The site consists of a mixture of disturbed upland and wetland areas. Based on the site inspection report provided by Smart-Sciences, the overgrown upland areas are covered predominantly with elephant grass (Pennisetum purpureum), burma reed (Neyraudia reynaudiana), java plum (Syzygium cumini), leadtree (Leacaena leucocephala), Australian pine (Casuarina equisetifolia), Brazilian pepper (Schinus terebinthifolia), bishopwood (Bischofia javanica), and shoebutton (Ardisia elliptica). The wetland areas consist of a mixture of exotic wetland hardwoods, dominated by Australian Pine (Casuarina equisetifolia), Brazilian pepper, and melaleuca (Melaleuca quinquenervia), and a degraded freshwater marsh patch, intermixed with sawgrass (Cladium jamaicense), cattail (Typha latifolia), swamp fern (Telmatoblechnum serrulatum), sword fern (Nephrolepis exaltata), shield fern (Thelypteris dentata), giant leather fern (Acrostichum danaeifolium), coco plum (Chrysobalanus icaco), Carolina willow (Salix caroliniana), and stressed Australian pine from saturated root zones. Remnants of an asphalt paved parking area are located on the central to southeastern portion of the site, and mounds of concrete debris and fill material are dispersed across the southern portions. A drainage ditch parallels the roadway along the eastern perimeter of the site, the northern portion of which falls within the property boundaries. Wetland plants including sawgrass, cattail, common reed (Phragmites australis), and Brazilian pepper, have recruited within the drainage ditch. Approximately 12 inches of standing water was observed in the drainage ditch at the time of the assessment. The site is bound as follows:


North: a commercial building with Southwest 177th Court and vacant right-of-way land immediately beyond;


South: undeveloped land covered with Australian pine intermixed with shrubs and grasses, a historic slough that due to impoverished surface hydrology is shifting in composition;


East: a drainage ditch encroached by invasive exotics plants runs parallel to the eastern edge of the Site, which is bounded by SR 997/South Krome Avenue into US Route 1/South Dixie Highway. Beyond Route-1 to the east is the northern extension of the hydrologically impoverished slough, which due to dried out conditions has mature upland Australian Pine. A commercial building occupied by Last Chance Saloon, is a pocket in the southern 20% of the Site. A low voltage power corridor runs immediately south of the Site;


West: Immediate west is an abandoned Florida East Coast (FEC) Railway right-of-way paralleled by an approximate three to four foot berm, beyond is a mobile home residential community.


The NRCS Miami-Dade County Soil Survey (2012) indicates the parcel is comprised of Udorthents, Marl Substratum-Urban Land Complex.


PROPOSED WORK: The applicant seeks authorization to fill approximately 12.72 acres of freshwater wetlands with 42,753 cubic yards of fill for the construction a multi-purpose commercial and residential development with associated roads, parking, and stormwater treatment system. Work is proposed in Waters of the Unite States in accordance with the attached site plans.


AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information:


“Preserving these wetlands would only provide location for a patch ultimately dominated by a cover of invasive exotics, in the near future, which would well serve as a source to increased exotic infestation to the slough to the east. Due to site development constraints and the low wetland quality, off-site mitigation was selected to offset the wetland impacts.”


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


“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: 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 has the potential to affect the following species: Florida Bonneted Bat (Eumops floridanus), Florida Panther (Puma (=Felis) concolor coryi), Eastern Indigo Snake (Drymarchon corais couperi), Everglades Snail Kite (Rostrhamus sociabilis plumbeus), and American Crocodile (Crocodylus acutus). The Corps will request U.S. Fish and Wildlife Service determination pursuant to Section 7 of the Endangered Species Act.  

Florida Bonneted Bat: Potential impacts to the FBB were evaluated using the Effect Determination Guidelines, November 1, 2013. The project site is located within the focal for the FBB and the work site exceeds 5 acres. Use of the FBB Guidelines resulted in the sequence 1> “may affect”. As such, formal consultation with the FWS is required.

Florida Panther: Potential impacts were evaluated using the Corps Florida Panther Effect Determination Key, February 19, 2007 (Panther Key). The project site is located within the Focus Area for the Florida panther and the project impacts exceed 1 acre. Use of the Panther Key resulted in the sequence A>C> “may affect. As such, formal consultation with the FWS is required.

Eastern Indigo Snake: Potential impacts to the Eastern Indigo Snake were evaluated using the August 1, 2017, Determination Key for the Eastern Indigo Snake. Use of the Key resulted in the sequence: A>B>C>D>E: "not likely to adversely affect". The Corps has concurrence with this determination pursuant to the Effect Determination Key for the dated August 1, 2017.

Everglades Snail Kite: The proposed project falls within the consultation areas for the Everglades snail kite. However, the proposed work will have no impacts on native wetland vegetation that may be used by the apple snail (Pomacea paludosa) which is the main prey species for the Everglades snail kite. Therefore, the Corps has made a “no effect” determination for the species.

American Crocodile: While the project is located within the crocodile consultation area, the parcel is not accessible to the crocodile, therefore, the Corps has determined the proposal would have no effect on the crocodile.


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 will have no impacts on tidally influenced waters. Therefore, our initial determination is that the proposed action would have no impact on EFH or Federally managed fisheries. 


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 107the 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 Fresard, in writing at the Miami Permits Section, 9900 Southwest, Suite 203, Miami, Florida 33176; by electronic mail at Nicole.D.Fresard@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305)779-6053. 


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.

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