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. 16, 2017
Expiration date: 3/9/2017

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:        Kolleen Cobb

                             FDG Countyline, LLC; Countyline I, LLC; BN Expansion, LLC

                             2855 Le Jeune Road, 4th Floor

                             Coral Gables, FL 33134


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the East Turnpike Basin.  The project site is located at Northwest 154th Street between Northwest 107th Avenue and Northwest 97th Avenue. The project is located within Section 17, Township 52 South, Range 40 East in City of Hialeah Gardens, Miami-Dade County, Florida (Please see attached list for folios).


Directions to the site are as follows:  From Homestead Extension of Florida's Turnpike (Southbound) Take exit 35 for US 27/0keechobee Rd. Take left at NW 138th Street. Continue to NW 97th Avenue along NW 138th Street. Make a left onto NW 97th Avenue and head Northbound. Continue past NW l 54th Street and the site will be on your left. The site is bounded by NW 154th St (South), NW 97th Ave (East), NW l 70th St (North) and NW 107th Ave (West).


APPROXIMATE CENTRAL COORDINATES:          Latitude:     25.91978°

                                                                                  Longitude: -80.36595°



Basic:  To construct an industrial and commercial facility.

Overall:  To construct an industrial and commercial facility in Northwestern Miami-Dade County, Florida.


EXISTING CONDITIONS:  The wetland system consists of a freshwater system.  The onsite vegetation consists of invasive exotic vegetation.  The existing area surrounding the project area consists of major highways, undeveloped areas, and quarry lakes.


PROPOSED WORK:  The applicant seeks authorization to deploy 963,364 cubic yards of clean lime rock fill on a 520-acre site. Sediment controls and silt fencing will be installed around the development to prevent run-off and will remain in place until construction is completed and all erodible materials have stabilized. 


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:


“In accordance with Section 404(b)(1) of the Clean Water Act and Section 10.2 of the Environmental Resource Permit Applicant's Handbook Vol. I, the ecological and economical values of the on-site wetlands have been evaluated to determine if the on-site wetlands proposed to be impacted would be suitable for conservation. This evaluation has determined that the remaining ecological functions of on-site wetlands has greatly diminished as a result of drainage improvements, soil disturbances, dominance of exotic vegetation, runoff from surrounding uplands, and the improper closure of the former landfill The remaining wetland areas found within the project are all isolated and disconnected. Conductivity to the site has been severed by the construction of two near-by highways located to the east and west of the site, a drainage canal located to the north and three large rock mining lakes located to the south and west of the project site. Any conservation effort, including the creation of wildlife corridors, in the proposed development will be challenging due to hydrologic connectivity being severed and the current landfill configuration. Conditions of the already low quality wetlands will only decline, further making on-site preservation a costly and non-viable option due to the enhancement efforts that will be required to keep the wetlands functioning. Furthermore, stormwater cannot discharge to landfill areas due to public and environmental safety issues from contaminants that may be mobilized through stormwater infiltration. Therefore, any remaining wetland areas will need to be utilized for stormwater management purposes to meet the Miami-Dade County Cut & Fill criteria…

Because of these reasons, avoidance or minimization of the low quality, highly impacted wetland areas is not practical or consistent with the regulatory requirements and goals for contamination clean-up. Mitigation of these wetland areas in a regional mitigation bank will result in restoration and enhancement of wetlands of regional significance. Therefore, it is believed that the proposed mitigation will provide greater long term ecological value than what a conservation effort could achieve at this site and the only feasible way for the landfill to be closed.”


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 offset the wetland impacts associated with the project by mitigating through the purchase of mitigation credits from Everglades National Park "Hole-In-the-Donut" Mitigation Bank (HID). The development will result in impacts to 99.32-acres of freshwater wetlands. A Uniform Mitigation Assessment Method (UMAM) was used to determine the amount of mitigation credits required at HID to offset the wetland impacts associated with the construction of the Countyline Corporate Par!<. Based on this functional assessment, 39.728 credits from HID will be required. The UMAM worksheets can be found in Appendix E. Due to the low quality of the on-site wetlands from exotic vegetation impacts and hydrologic isolation cause by surrounding berms and canals, the ecological value of the proposed mitigation will provide greater long-term ecological value than the functions the on-site wetlands currently provide. The applicant has reserved credits with HID for the development.”


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 Eastern Indigo Snake (Drymarchon corais couperi), and the Wood Stork (Mycteria americana); ”may affect” 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/National Marine Fisheries 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 to D. c. couperi were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key, dated 13 August 2013 (Snake Key).  Due the project being located in/over freshwater wetlands, use of the Snake Key resulted in the following sequential determination:  A > B > C2, “not likely to adversely affect” (NLAA).


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). Use of the 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 1-2c “may 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 (Rostrhamus sociabilis): 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, maidencane, 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 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 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 SW 107 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, Patrick Gaughran, in writing at the Miami Permits Section, 9900 SW 107 Avenue, Suite 203, Miami, Florida 33176; by electronic mail at; by facsimile transmission at (305) 526-7184; 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.