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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.

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SAJ-2017-02147(SP-AG)

Posted: 12/13/2017

Expiration date: 1/3/2018


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:          Curby Corp.

                               c/o Robert Curbelo

                               15439 SW 80 St #105

                               Miami, FL 33193

 

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with freshwater wetlands located in the Bird Drive Basin.  The project is located on a vacant lot between SW 144th and 145th Avenue and just South of 16th Street in Section 10, Township 54 South, and Range 39 East, Miami-Dade County, Florida, Folio # 30-4910-003-0340

 

Directions to the site are as follows:  From Tamiami Trail (SW 8th Street) turn south onto SW 147th Avenue.  Make a left on SW 16th Street.  The site is located along the right side of the road.  

 

APPROXIMATE CENTRAL COORDINATES:         

Latitude:      25.751936º

Longitude:  -80.430087º

 

PROJECT PURPOSE:

Basic: The basic purpose of the project is to construct a residential development.   

Overall: The overall project purpose is to construct a residential development within the Bird Drive Miami-Dade County. 

 

EXISTING CONDITIONS: Historically, the site was part of broad sawgrass flats in the greater Everglades ecosystem that ultimately flowed into Biscayne Bay. Over time, this system has been significantly altered by drainage canals and encroaching development. These activities have led to the invasion of several exotic species in the area. The project is currently surrounded on 3 sides by residential development.

 

Of the 1.20 acres on site, all are potentially jurisdictional wetlands. The two community

types found on the property can be categorized as; 1) Freshwater Marsh; and 2) Exotic

Dominated Wetlands. The vegetation communities and area included within each

community type are shown on the attached Wetland Identification Map.

 

WL1 – Freshwater Marsh

The wet prairie community includes 1.08 acres of the onsite wetlands. Ground cover

vegetation in the wetland includes Muhly grass (Muhlenbergia capillaris), Beak Sedge

(Rhynchospora spp.), Broomsedge (Andropogon glomeratus), and various Sedges (Carex sp.).

     

WL2 – Exotic Dominated Wetlands

These wetlands are dominated by a canopy of Brazilian Pepper and Elephant Grass /

Burma Reed. The site contains 0.12 acres of this wetland type. The ground cover is

mainly composed of swamp fern (Blechnum serrulatum) and scattered sawgrass (Cladium jamaicense).

 

The underlying soils (Dania muck – depressional) are categorized as hydric soils.

No wildlife was observed at the site during the site visit.

 

PROPOSED WORK:  The applicant seeks authorization to fill 1.2 acres of freshwater wetlands with 11,236 cubic yards of clean fill for a residential development that will include 6 new single-family homes.

 

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 is consistent with other residential developments within the Bird Drive Basin.  Due to the size limitation of the proposed project and the quality of the existing resources, onsite avoidance was not considered practical.  The applicant will install erosion control measure during construction in order to minimize and avoid impacts to adjacent wetlands.

 

COMPENSATORY MITIGATION:  The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant is proposing to off-set onsite wetlands impact by the purchase of appropriate number of federal mitigation credits at the Everglades National Park HID mitigation project.  The applicant will also incorporated secondary/indirect impacts into the mitigation proposal.

 

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 Corps has also made the determination that the project may affect, but is not likely to adversely affect the Eastern Indigo snake (Drymarchon corais couperi).  The Corps has programmatic concurrence with these determinations  based the  13 August 2013 letter from the U.S. Fish and Wildlife Service for the Indigo snake and 18 May 2010 letter for the wood stork.

Additionally, the Corps has determined that the project “may affect” the Florida Bonneted Bat Eumops floridanus.  The Corps will request initiation of formal consultation from the Fish and Wildlife service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined that the project would have no impacts on any other listed species.

 

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.  Since the project is located in freshwater wetlands, the Corps has determined that the proposed action would not have a substantial adverse impact on EFH.  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, 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, 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