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: Atlas Hialeah Heights, LLC / Alberto Micha, Manager
336 E. Dania Beach Blvd.
Dania Beach, Florida 33004
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the East Turnpike Basin and Golden Glades Canal. The project site is located in the ROW of NW 170th Street between NW 97th Avenue and I-75, including a connector road between NW 170th Street and NW 97th Avenue in section 16, township 52, range 40, Hialeah, Miami-Dade County, Florida 33018 (Folio 30-2009-001-0412)
Directions to the site are as follows: From I-75 North, Exit NW 138th Street West/Turn North on NW 97th Avenue
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.926095°
Basic: Construct a road to access the recently permitted residential housing and industrial projects as well as future residential, commercial and industrial complexes
Overall: Construct a road to access the recently permitted residential housing and industrial projects as well as future residential, commercial and industrial complexes in Hialeah Expansion area, Miami-Dade County.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite vegetation consists of melaleuca with native understory. The existing area surrounding the project area consists of melaleuca with native understory.
PROPOSED WORK: The applicant seeks authorization to fill 3.44 acres of exotic-dominated freshwater wetlands located in the East Turnpike Basin. The applicant seeks to construct a bridge over Golden Glades Canal by filling the canal and installing a culvert.
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:
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 parcels, 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:
Mitigation will be provided at Everglades National Park Hole-in-the-Donut Mitigation Project.
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 wood stork (Mycteria americana) Eastern Indigo Snake (Drymarchon corais couperi) and the West Indian Manatee (Trichechus manatus). The Corps has programmatic concurrence with these determinations based on the “Eastern Indigo Snake Programmatic Effect Determination Key (amended August 13, 2013)” from the U.S. Fish and Wildlife Service for the Indigo snake, 18 May 2010 letter for the wood stork and April 2013 for the West Indian Manatee.
Using the Florida Bonneted Bat Guidelines, the Google overlay and the Bat Survey that was conducted by the applicant, the proposed project falls within the Florida Bonneted Bat Consultation Area; therefore in accordance with the FBB Guidelines, the Corps has determined that the proposed project "may affect, but is not likely to adversely affect" the Florida Bonneted Bat (Eumops floridanus). The Corps will seek informal correspondence through separate letter with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act of 1973, as amended.
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 not impact any EFH habitat utilized by various life stages of species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries.. 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/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, Nicole Liette, in writing at the Miami Permits Section, 9900 SW 107th Street, Suite 203, Miami, Florida 33143; 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.