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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-2017-02895(SP-PMG)

Posted: 12/15/2017

Expiration date: 1/4/2018


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:        Silvio Perissinotti

                              Safire Group X, LLC

                              17001 Collins Avenue

                              Sunny Isles Beach, FL 33160

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the East Turnpike Basin.  The project site is located at 13910 NW 109 Avenue in Section 19, Township 52 South, Range 40 East, Hialeah Gardens, Miami-Dade County, FL (Folio: 27-2019-001-0650)

 

Directions to the site are as follows:  From NW 138th ST north on NW 107th Ave, then make a right on NW 140th Street. The property is located on the Southwest corner of the intersection of NW 140th Street and NW 109th Avenue.

 

APPROXIMATE CENTRAL COORDINATES:          Latitude:        25.900075°

                                                                                  Longitude:    -80.377622°

 

PROJECT PURPOSE:

Basic:  The proposed project is a commercial parking facility

Overall:  The proposed project is a commercial parking facility for trucks and heavy equipment in northwest Miami-Dade County.

 

EXISTING CONDITIONS:  Based on the findings of a site inspection conducted by Davis Environmental Solutions on February 21, 2017 and June 7, 2017, the site consists of undeveloped land that supports both uplands and wetlands areas. The uplands consist of berms and sodded areas with minimal landscaping including trees and ruderal vegetation. The on-site wetlands are a freshwater herbaceous community with varying levels of disturbance and exotic vegetation.

 

Onsite vegetation includes melaleuca (Melaleuca quinquenervia), cattail (Typha sp.), Brazilian pepper (Schinus terebinthifolia), water primrose (Ludwigia peruviana), bulltongue arrowhead (Sagittaria lanciforia), sawgrass (Cladium jamaicense), leather fern (Acrostichum sp.), spikerush (Eleocharis cellulose), coinwart (Centella asiatica), smooth water hyssops (Bacopa monnieri), Australian pine (Casuarina equisetifolia), yellow water lily (Nymphaea mexicana) and mermaidweed (Proserpinaca palustris).

 

Disturbed soils and higher elevations in parts of the property have allowed exotic and nuisance vegetation to dominate while other areas of the site contain saturated soils, inundated areas, and areas with a periphyton mat approximately 2 inches thick. The NRCS Soil Survey for Miami-Dade County classifies the subject property as containing two soil types: Udorthents-water complex and Lauderhill muck, depressional.

 

The areas surrounding the subject property are heavily developed. Surrounding land uses consist of a housing development and borrow lake to the south, canal and roadways on the north side of the property, vacant uplands to the east, and warehouses to the west.

 

PROPOSED WORK:  The applicant seeks authorization to excavate and remove 2,740 CY of existing soil and then to add 20,000 CY of fill material to a 4.23 acre freshwater wetland site for the construction of a commercial development with associated parking and stormwater treatment system. Work is proposed in Waters of the U.S. in accordance with the attached site plans.

 

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: None provided

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicate proposes to purchase 0.92 Everglades Mitigation Bank credits to mitigate 2.72 acres of wetlands to be filled.

 

CULTURAL RESOURCES:  Per the Standard Operating Procedures for Section 106 of the National Historic Preservation Act Compliance for the State of Florida, dated 21 November 2016, the work is limited in nature and scope; therefore, no additional 106 review is needed (section 6, part iii).

 

ENDANGERED SPECIES:   The Corps has determined the proposed project: “may affect, but is not likely to adversely affect” the Eastern Indigo Snake (Drymarchon corais couperi), the Wood Stork (Mycteria americana), and the Florida Bonneted Bat (Eumops floridanus), and will have “no effect” on the Everglades Snail Kite (Rostrhamus sociabilis) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

 

Eastern Indigo Snake: Since critical habitat has not been designated for the Indigo Snake, potential impacts were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key, dated August 01, 2017 (Snake Key).  Due the project being located in/over freshwater wetlands, use of the Snake Key resulted in the following sequential determination:  A > B > C > D1, “not likely to adversely affect” (NLAA). The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Eastern Indigo Snake dated August 01, 2017.

 

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 (Wood Stork Key). Use of the Wood Stork Key resulted in the sequence A > B>C>D “NLAA”. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Wood Stork dated May 18, 2010.

 

Florida Bonneted Bat (FBB): The project site is located in the FBB Consultation Area. Use of the 2013 FBB Effect Determination Guidelines resulted in the sequence 1 > 2a “may affect but is not likely to adversely affect” the FBB. The Corps requests U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

 

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. When the Corps makes a “no effect” determination, no further consultation with Services Agencies is required.

 

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 would impact freshwater wetlands; therefore, the Corps has determined that no substantial adverse impacts to EFH will result from the proposed action.  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; 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.

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