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: Eruditional, LLC
c/o Michael Osman
1474-A West 84th Street
Hialeah, Florida 33014
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a man-made canal that drains into the Atlantic Ocean. The project site is located north of NW 162th Street and west of NW 97th Avenue, legally described as PB2-17, tract 8, Section 17, Township 52 S, Range 40 E, Hialeah, Miami-Dade, Florida, 33014 (Folios #04-2017-001-0080, -0081).
Directions to the site are as follows: Turnpike south bound, exit Okeechobee road east, left onto NW 138th Street, north on NW 97th Ave, Site is on left after NW 162nd Street
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.921020º
Basic: The basic project purpose is for a school site and associated storm water management system.
Overall: The overall project purpose is for a school site and associated storm water management system in northwestern Miami, Miami-Dade County, Florida.
EXISTING CONDITIONS: The project site is located in the East Turnpike Wetlands Basin, which is characterized as historically having a short-to-moderate hydroperiod. The freshwater wetlands typically affected in this area are predominantly Melaleuca. According to the Natural Resources Conservation Service, the site contains Dania muck depressional and Lauderhill muck depressional soils, which are classified as hydric.
PROPOSED WORK: The applicant seeks authorization to construct a school with on-site parking and a stormwater management system by placing fill on the entire 9.99-acre parcel. The project will utilize 66,522 cubic yards of fill.
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:
Prior to the start of construction, silt fences will be deployed and will remain in place until all construction activity has subsided.
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 HID 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.
In addition, the project site was evaluated with the March 2013 Jacksonville District Regulatory Division Section 106 Key pursuant to Section 106 of the National Historic Preservation Act and 33 CFR Part 325, Appendix C. Use of the Section 106 Key rendered the following sequential determination: 1 > 2: “The proposed work and/or structures are of such limited nature and scope that little likelihood exists for the proposed project to impinge upon an historic property.” Accordingly, the effect determination is “No Potential to Cause Effect” and no further coordination is required with the State Historic Preservation Office or the Tribal Historic Preservation Office
ENDANGERED SPECIES: Potential impacts to the endangered Wood Stork were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Woodstork in Florida, May 18, 2010 (Key). Use of the Key resulted in the sequence A>B>C>E “may affect, not likely to adversely affect”, pending FWS approval of woodstork credit purchase. The Corps will request concurrence with this determination from the Fish and Wildlife service pursuant to Section 7 of the Endangered Species Act by separate letter.
Potential impacts to the endangered Eastern Indigo Snake were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Eastern Indigo Snake in Florida, dated August 13, 2013 (Key). Use of the Key resulted in the sequence A>B>C>D>E “may affect, not likely to adversely affect”, the permit will contain the Eastern Indigo Snake condition, therefore, no further consultation is required.
The Corps has determined that the project “may affect, but is not likely to adversely affect,” the Florida Bonneted Bat (Eumops floridanus). The determination is based on the location of the project and the exotic dominant habitat. The Corps will request concurrence with this determination from the Fish and Wildlife service pursuant to Section 7 of the Endangered Species Act by separate letter.
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. Our initial determination is that the proposed action would have a no impact on EFH or Federally managed fisheries within Biscayne Bay. 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 SW 107th Ave, 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 Liette, in writing at the Miami Permits Section, 9900 SW 107th Ave, Miami, Florida 33176; by electronic mail at Nicole.firstname.lastname@example.org; or, 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.
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.