Public Notice Notifications

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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.

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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.


Published Jan. 10, 2017
Expiration date: 1/31/2017

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:        CC Residential

                             c/o Frank Mathaey

                             2020 Salzedo Street, Suite 200

                             Coral Gables, FL 33134


WATERWAY AND LOCATION:  The project site is an undeveloped parcel located Northeast of NW 41st Street and NW 109th Avenue in Section 19, Township 53 south, Range 40 east, Doral, Florida (Folio # 35-3019-001-0500).


Directions to the site are as follows:  East from Turnpike on 41st Street, then make a left on NW 107th Avenue, head north on block and the site is located on the left hand side of the road.



Latitude:      25.812981°

Longitude:  -80.371732°



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

Overall: The overall project purpose is for a multi-family residential development with associated infrastructure and storm water retention within the City of Doral, Miami-Dade County, Florida.


EXISTING CONDITIONS:  The 9.47 acre site is surrounded by vacant land, residential and commercial developments. Directly west of the site is a parcel of vacant land dominated by exotic vegetation. To the east, north and south are commercial and residential developments along with Northwest 41st Street and Northwest 107th Avenue, respectively. 


The majority of the site consists of disturbed freshwater marsh wetlands dominated by a canopy of royal palm (Roystonea regia), Washington palm (Washingtonia robusta), Christmas palm (Adonidia merillii), and coconut palm (Cocos nucifera).  The majority of the marsh’s native understory was dominated by spadeleaf (Centella erecta), carpet grass (Axonopus fissifolius), shield fern (Thelypteris dentata) and narrowleaf whitetop sedge (Rhynchospora colorata). Other species present include St. Augustine grass (Stenotaphrum secundatum), pennywort (Hydrocotyle umbellata), dog fennel (Eupatorium capillifolium), royal fern (Osmunda regalis), yelloweyed grass (Xyris caroliniana) and blue mistflower (Conoclinium coelestinum). Exotic species in the understory which include elephant grass (Pennisetum purpureum), wedelia (Wedelia trilobata), torpedo grass (Panicum repens), yellow nut sedge (Cyperus esculentus) and a few Brazilian pepper saplings.  Other tree species present include Areca palm (Dypsis lutescens), Bismark palm (Bismarckia nobilis), pygmy date palm (Phoenix roebelenii) and sapling sago palm (Cycas revoluta). Hydrology and soils within the marsh were indicated by saturation, water marks, lichen lines, historic hydric soils, and the presence of sandy mucky mineral.


The perimeter of the site is elevated to match the surrounding landscape, i.e. roadways, existing commercial and residential development. The bordering uplands slope down to an elevation of three to four feet below the surrounding landscape. The water table was observed to be approximately 16 inches below the land surface, which was evident in a soil boring found at the time of the site visit.


The USDA Natural Resources Conservation Service (NRCS) soil survey completed in 2012, indicates the entire parcel historically contained the hydric soil Hallandale fine sand. The Miami-Dade soil survey indicates the soils are hydric and poorly drained.


The GIS data reviewed did not indicate previous observations of listed species or their habitats on the subject property. No species listed as threatened, endangered, or species of special concern were observed during the site visit. Wildlife observed included blue jay (Zenaida macroura), butterflies and dragonflies, and indirect observations of raccoon (Procyon lotor) through tracks and scat.


PROPOSED WORK:  The applicant proposes to discharge 79,376 cubic yards of clean fill into 9.34 acres of wetlands to construct new multi-family residential development.  The development consists of residential buildings with associated lakes, landscaping, driveways/roadways, and parking areas.  Work is proposed in waters of the United States 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:


Based on the other development requirements such as roads, parking, storm water lakes, and green spaces, 2.39 acres is available for residential construction, which accounts for only 25% of the site. The available gross residential building area is highly limited and barely makes for an economically feasible project, therefore the building footprints cannot be reduced for a practical project.  Further, the wetlands proposed for impact are of very low-quality. Currently, these wetlands do not provide high-quality habitat for native wildlife and they do not support a native vegetative community. Preserving these wetlands would not provide a high level of wetland function.


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


To offset anticipated impacts to 9.34 acres of wetlands the applicant plans to purchase credits from Everglades Nation Park HID Mitigation Bank. In order to evaluate the quality of the on-site wetlands and determine the amount of mitigation required to offset wetland losses, UMAM and ratios were used.


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 U.S. Army Corps of Engineers (Corps) has determined the proposal “may affect, but is not likely to adversely affect” the Eastern Indigo Snake (Drymarchon corais couperi), Everglades Snail Kite (Rostrahmus sociabilis plumbeus), Florida Bonneted Bat (Eumops floridanus) and Wood Stork (Mycteria americana). The Corps will request Fish and Wildlife's concurrence with this determination pursuant to Section 7 of the Endangered Species Act.


The U.S. Army Corps of Engineers has determined the proposal will not affect any other threatened or endangered species or designated critical habitat other that the ones listed above.


ESSENTIAL FISH HABITAT (EFH):  This notice initiates consultation with the National Marine Fisheries Service (NMFS) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The project is located within freshwater wetlands and would have no impacts on tidally influenced waters. Therefore, the proposed action would have no impact on EFH or Federally-managed fisheries within Biscayne Bay. The final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with NMFS.


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 S.W. 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 S.W. 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at; by facsimile transmission 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.