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 May 15, 2017
Expiration date: 6/5/2017

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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:


APPLICANT:          Seagull Development Holdings, LLC

                               c/o Scott Alfele

                                2154 NW North River Drive

                                Miami, Florida 33125


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with East turnpike wetland basin.  The project site is located at area north of NW 142nd street and west of NW 107th Avenue, legally described as sub of PB 2-17, tract 52 less W35ft, S35Ft & Ext, area of curve in SW corner of RW, in section 19, Township 52E, Range 40 S, Hialeah, Miami-Dade County, Florida (Folio 27-2019-001-0590) .


Directions to the site are as follows:  Take the Turnpike North, Exit Okeechobee Road/US27 East, Left on NW 138th Street, Left on NW 107th Avenue, the Site is on NW corner of NW 107th Avenue and NW 142nd Street



APPROXIMATE CENTRAL COORDINATES:          Latitude:     25.902863°

                                                                                  Longitude: -80.375975°



Basic:  To construct commercial and industrial equipment storage space.

Overall:  To construct commercial and industrial equipment storage space in Hialeah, Miami-Dade County, Florida.


EXISTING CONDITIONS:  The wetland system consists of a freshwater system.  The onsite vegetation consists of Australian Pine (Casuarina equisetifolia), Brazilian Pepper (Schinus terebinthifolius),Melaleuca (Melaleuca quinquenervia), Swamp Bay (Persea palustris), and Dahoon Holly (Ilex cassine). The ground cover in the majority of areas is composed of Broomsedge (Andropogon virginicus), Camphorweed (Pluchea odorata), Saltbush (Baccharis halimifolia), Beakrush (Rhynchospora sp.), Lanceleaf Arrowhead (Sagittaria lancifolia), Spikerush (Eleocharis palustris), and assorted ferns (Blechnum sp.). Juvenile Melaleuca.  The existing area surrounding the project area consists of freshwater wetland to the north and west.  Industrial development is located to the east and south.  


PROPOSED WORK:  The applicant seeks authorization to construct commercial and industrial equipment storage space on an 8.689 acre parcel which includes filling 8.689 acres of wetlands with 85,667 cubic yards of fill in Hialeah, Miami Dade County, Florida.


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:


Based on the low quality of the adjacent wetlands, combined with the anticipated heavy growth in this segment of Miami-Dade County, it is unlikely that a viable wetland preserve would be incorporated into the project based on Seagull Development Holdings’s small project size as well as the anticipated secondary impacts associated with placing a compact preserve within a densely constructed and high traffic project area such as this. The precedent regarding the appropriate-ness of fully compensating for wetland impacts at an off-site bank was set on the nearby 70+ acre and 130+ acre Bellagio and Bonterra projects, which were both permitted with similar quality wetlands and no on-site wetland preserves. Both of these projects were permitted under (generally) the same federal rule-set. As part of the federal permitting process, these two projects were reviewed and it was determined that inclusion of isolated wetland parcels in the middle of such a densely developed area was not ecologically sound. These projects each demonstrated that with their compensatory mitigation plans, Greater Ecological Value was met via the full development of the site and relocation of all ecological function to an off-site mitigation bank. Specifically related to this project, Seagull Development Holdings is located in an area of low wildlife utilization, and the inclusion of even a small preserve with high quality aspects (appropriate, stable hydrology, dense native buffer and high foraging potential) would likely prove to be an exercise in futility, as the area would be exceptionally small. 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 projects, 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:  The applicant has offered to purchase 1.415 credits from Hole in the Donut Mitigation project in the Everglades National Park (HID).


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:   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, not likely to adversely affect” the Florida Bonneted Bat (Eumops floridanus).  The determination is based on the location of the project site and an inspection of the area for the Bonneted Bat.  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 impact approximately 0 acres of Essential Fish habitat.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the 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 30 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, or by electronic mail at; 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.