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: Curby Corporation
c/o Roberto Curbelo
2640 SW 137th Avenue, Suite 238
Miami, FL 33175
WATERWAY AND LOCATION: The project would affect waters of the United States in the Bird Drive Wetland Basin. The project site is comprised of a vacant lot located at the intersection of SW 16th Street and SW 144th Avenue, in Section 10, Township 54 south, Range 39 east, Unincorporated Miami-Dade County, Florida (Folio Number 30-4910-003-0341).
Directions to the site are as follows: From Downtown Miami - Head northeast on SE 4th Street toward SE 1st Avenue. Use the left lane to turn slightly left onto SE 1st Avenue. Turn left onto SE 2nd Street. Use the right lane to take the ramp onto I-95 north. Use the left lane to take exit 3A to merge onto FL-836 toward Airport. Continue onto FL-836 west. Use the right 2 lanes to take SW 137th Avenue south exit. Merge onto SW 137th Avenue. Turn right onto US-41W. Turn left onto SW 147th avenue. Turn left onto SW 9th Street. Turn right onto SW 144th Avenue. The property will be on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.75196º
Basic: The basic project purpose is for a residential development.
Overall: The overall project purpose is for a residential development in the Bird Drive Wetland Basin, Unincorporated Miami-Dade County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. A site inspection conducted by Peekstok Environmental Consulting, LLC on November 2016. The inspection revealed that the on-site vegetation consists of Brazilian pepper (Schinus terebinthifolius), elephant grass (Pennisetum purpureum), Australian pine (Casuarina esquisetifolia), woman's tongue (Albizia lebbeck), Melaleuca (Melaleuca quinquenervia), Southern shield fern (Thelypteris kunthii), Sawgrass (Clakum jamaicense), wiregrass (Aristida stricta), marsh fleabane (Pluchea sp.), and Florida trema (Trema sp.). The vegetative composition is dominated by a melaleuca canopy with approximately 60 percent cover in the northern portion, transitioning to 80 percent coverage in the southern portion. Herbaceous vegetation in the understory is dominated by Southern shield fern but also supports sawgrass, wiregrass and marsh fleabane. Florida trema and scattered, small Australian pines are also present.
While the site visit was conducted during a relatively wet period, no surface water hydrology was present on the site. No visible topographic alteration was evident on the site. Soil pits excavated indicate that groundwater was approximately 3-inches below the ground surface.
Scattered solid waste was documented along the roadway on the east side of the subject parcel. Based on information from the U.S. Department of Agriculture – Web Soil Survey, the underlying soils at the site consist of Dania Muck. The site is bound on the north and south by residential developments, on the west by a vacant lot, and on the west by SW 144th Avenue.
PROPOSED WORK: The applicant seeks authorization to fill approximately 1.2 acres of freshwater wetlands with 16,775 cubic yards of fill for the construction of 5 single family homes with associated parking. Work is proposed in Waters of the Unite States in accordance with the attached site plans.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information:
“Design modifications to reduce or eliminate adverse impacts were explored, however, any reduction in project footprint would result in a project that is not financially practicable. Furthermore, due to the size of the project, any preserve area proposed on the site plan would not be of a size that could be self-sustaining.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed to mitigate for unavoidable direct impacts at the 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 has the potential to affect the following species: Florida Bonneted Bat (Eumops floridanus), American Wood Stork (Mycteria Americana), Eastern Indigo Snake (Drymarchon corais couperi), American Crocodile (Crocodylus acutus), 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: Potential impacts to the FBB were evaluated using the Effect Determination Guidelines, November 1, 2013. Use of the FBB Guidelines resulted in the sequence 1> “may affect”. As such, formal consultation is required.
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 is not proposed to take place in a Service approved mitigation bank; therefore, use of the Key resulted in the sequence A>B>C>E “may affect”. As such, formal consultation is required.
Eastern Indigo Snake: Potential impacts to the Eastern Indigo Snake were evaluated using the August 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 12, 2013.
American Crocodile: While the project is located within the crocodile consultation area, the parcel is not accessible to the crocodile, therefore, the Corps has determined the proposal would have no effect on the crocodile. Where the Corps makes a “no effect” determination to a listed species, no further consultation is required.
Everglades Snail Kite (ESNKI): The project is located within the ESNKI 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 will have no effect on the ESNKI. Where the Corps makes a “no effect” determination to a listed species, no further consultation is required.
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: 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 Nicole.D.Fresard@usace.army.mil; 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.