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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-2018-00305 (SP-NML)

Posted: 2/13/2018

Expiration date: 3/3/2018


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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Florida City Grove, LLC
c/o Richard Sox
4515 San Amaro Drive
Coral Gables, Fl 33146

Mini Hospital Center, LLC/Manager
Rafael Huguet
7130 Miller Drive
Miami, Fl 33155

WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands adjacent to the Florida City Canal. The project site is located at NE corner of Factory Shops Boulevard and E. Palm Drive, in Section 19, Township 57S, Range 39E, Miami-Dade County, Florida City, Florida, 33034, Folio 16-7919-001-0325, 0321 and 16-7919-002-0270, 0260, 0250, and 16-7919-003-0310, 0300, 0290

Directions to the site are as follows: Exit southern terminus of Turnpike Homestead Extension southbound onto USJ in Florida City - Turn east on E Palm Drive - Turn north on Factory Shops Boulevard - Site is located at NE comer of Factory Shops Boulevard and E Palm Drive

APPROXIMATE CENTRAL COORDINATES:

Latitude:     25.448445°
Longitude: -80.472053°

PROJECT PURPOSE:

Basic: To develop mixed use development (commercial and residential) and associated storm water management system.

Overall: To develop mixed use development (commercial and residential) and associated storm water management system in Florida City, Miami-Dade County, Florida

EXISTING CONDITIONS: The wetland system consists of an exotic
dominated freshwater wetlands. The onsite vegetation consists of a canopy of Brazilian Pepper and assorted exotic landscape trees. The ground cover is dominated by Elephant Grass and Burma Reed. Native ground cover is non-existent in most areas. The existing area surrounding the project area consists of residential, agricultural and other wetlands.

PROPOSED WORK: The applicant seeks authorization to fill 7.82-acre with 72,878 cubic yards of fill to construct of a mixed-use (residential and commercial) development with associated stormwater 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:

Based on the low quality of the on-site wetlands and the density of surrounding development, it is unlikely that a viable wetland preserve be included in the project site plan based on the small project size as well as the anticipated secondary impacts associated with placing a compact preserve within a densely constructed and high traffic project area such as this.

The proposed filling will be performed in such a way as to preserve water quality from potential contamination during construction. In order to minimize impacts to adjacent wetland projects, the applicant proposes to implement the FDEP NPDES BMP’s to ensure turbidity standards are not exceeded. Material used on the site will consist entirely of clean fill.

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

Given the overall low ecological value of the area, it appears that the functional value associated with this project would be better suited to a large-scale mitigation bank, where it’s functional value could serve as high quality habitat within usable habitat corridors for a variety of species

The applicant has offered to purchase 1.80 credits from Hole-in-the-donut Mitigation Project (HID)

CULTURAL RESOURCES:

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.

In addition, 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:

Potential impacts to the endangered Wood Stork were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Woodstork in Florida, May 18, 2010 (Key). Use of the Key resulted in the sequence A>B>C>D “may affect, not likely to adversely affect with Service approved mitigation bank; and habitat compensation replaces foraging values”.

Potential impacts to the endangered Eastern Indigo Snake were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Eastern Indigo Snake in Florida, dated August 1, 2017 (Key). Use of the Key resulted in the sequence A>B>C>D “may affect, not likely to adversely affect”.

Potential impacts to the endangered Florida Bonneted Bat (Eumops floridanus) (FBB) were evaluated using Corps of Engineers, Jacksonville District, Determination Key for the FBB 2013 (Key). Use of the Key resulted in the sequence 1> May Affect. However, based on the exotic dominated habitat, mostly consisting of Brazilian Pepper, the Corps has determined that the project “may affect, but is not likely to adversely affect,” the Florida Bonneted Bat (Eumops floridanus).

Potential impacts to the endangered Everglades Snail Kite (Rostrhamus sociabilis plumbeus) were evaluated by the Corps of Engineers, Jacksonville District. The project is located within the Everglades Snail Kite Consultation Area. The project location does not contain an extensive marsh system or lake littoral zones that could serve as foraging habitat for the species. The on-site plant community does not include spike rush, maidcaine, bulrush or other appropriate emergent vegetation necessary to support an apple snail population in the area, the primary food sources for SNKI. The project location does not contain open water areas necessary for nesting. Therefore, the Corps determined the project “may affect, but is not likely to adversely affect,” the Florida Bonneted Bat (Eumops floridanus).

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 approximately zero acres of EFH habitat utilized by various life stages of EFH protected species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Biscayne Bay. 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 Ave., 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 Liette, in writing at the Miami Permits Section, 9900 SW 107th Ave., Suite 203, Miami, Florida 33176; by electronic mail at Nicole.m.liette@usace.army.mil; by telephone at (305)779-6051.

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