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.


Published Feb. 3, 2017
Expiration date: 2/24/2017

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:                      City of Hialeah

                                           c/o Jose Sanchez

                                           5601 East 8 Avenue, No. 4

                                           Hialeah, FL 33013


WATERWAY AND LOCATION: The project would affect waters of the United States in the C-9 Wetland Basin. The project site is an undeveloped area located at NW 42nd Street between NW 97th and 107th Avenue in Section 20, township 52 south, Range 40 east, City of Hialeah, Miami-Dade County, Florida.


Directions to the site are as follows: Exit I-75 south – turn west on NW 138th Street turn north on NW 102nd Ave – Site is on east and west side of road at NW 142nd Street.



Latitude:      25.90296º                     

Longitude:  -80.36463º



Basic: The basic project purpose is filling for the construction of a roadway and associated drainage improvements.

Overall: The overall project purpose is filling for the construction of a roadway and associated drainage improvements to NW 142nd Street in the City of Hialeah, Miami-Dade County, Florida.  


EXISTING CONDITIONS: The following information was provided by the applicant.


The project site contains both upland and wetland habitat. The wetlands onsite have been degraded to a low quality following decades of both onsite and adjacent impacts, starting in the 1960’s with the mining and associated activity of the two quarries to the north, and proceeding on through the years with the further dense development of the surrounding area. Nearby stormwater drainage efforts have also severely decreased hydrology in the area, resulting in drier soils, less standing water, and vast exotic recruitment. The following describes the existing site conditions in detail.


Exotic Dominated Wetlands – 5.59 AC: This polygon consists of a Brazilian Pepper canopy and subcanopy, with an understory of scattered Elephant Grass and Burma Reed. Scattered native understory is present in lower areas. Photos of the wetlands onsite are provided on pages 3 and 4.


Saturated mucky soils represent the main hydrologic indicator found onsite.


According to the USDA Natural Resources Conservation Service (NRCS) Soil Survey for Miami-Dade County Area, Florida (1996) and (, the underlying soils consist of Dania Muck Depressional soils and Udorthents water complex.


PROPOSED WORK: The applicant seeks authorization to fill approximately 5.59 acres of wetlands with 1,089.5 cubic yards of fill for the construction of a roadway (NW 142nd Street) and associated drainage features (grass swales and French drains). 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:


“As part of the design process, the applicant reviewed the development footprint to determine if the proposed roadway design could be modified in an effort to avoid high quality or regionally important wetland or upland habitats. This review and analysis revealed that the roadway is located entirely within low quality, historically impacted wetlands. The proposed dredging and filling will be performed in such a way as to preserve water quality from potential contamination during construction. Pre-construction meetings will stress the importance of staying within the project boundaries, and silt fencing will be installed and regularly inspected at the outer edges to ensure no impacts outside of the project boundaries.”


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 5.59 acres of freshwater wetlands, the applicant has proposed to purchase the appropriate number of mitigation bank credits from the Everglades Mitigation Bank or the Hole-in-the-Donut Mitigation Bank.


CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the project site. 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), American Wood Stork (Mycteria Americana) or their designated critical habitat, Eastern Indigo Snake (Drymarchon corais couperi), and Everglades Snail Kite (Rostrhamus sociabilis plumbeus). The Corps will request U.S. Fish and Wildlife Service determination pursuant to Section 7 of the Endangered Species Act.


Florida Bonneted Bat (FBB): The project site is located in the FBB consultation area, the project site is greater than 5 acres and includes more than 1 acre (alone or combined) of the following FBB habitat types: upland or wetland forest; upland or wetland shrub; open freshwater wetlands; or open water (e.g., lakes, ponds, canals, streams, rivers) . Use of the FBB Effect Determination Guidelines resulted in the sequence 1>2>c “may affect”. The Corps will request initiation of formal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act.


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 (Key). The proposed mitigation for impacts associated for this project will not take place in a Service approved mitigation bank; therefore, use of the Key resulted in the sequence A > B > C > E “may affect”. The Corps will request initiation of formal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act.


Eastern Indigo Snake: Potential impacts to the Eastern Indigo Snake were evaluated using the August 12, 2013, 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 13, 2013.


Everglades Snail Kite (SNKI): 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. Therefore, the Corps determined the project will have “no effect” on the Everglades Snail Kite.


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 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: A 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; 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.