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: Metropica Lands, LLC
Attn: Michel Besso
19495 Biscayne Blvd.
Aventura, Florida 33180
WATERWAY AND LOCATION: The project would affect waters of the United States which are hydrologically connected to the South Florida Water Management District Canal C-11. The project site is located in the southeast corner of the intersection of NW 136th Avenue and Green Toad Road, Section 26, Township 49 South, Range 40 East, City of Sunrise, Broward County, Florida.
Directions to the site are as follows: Take Sunrise to NW 136th Avenue, go north for ~2,000 feet to site (south side of Green Toad Road).
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.1510º
Longitude: -80.3282º
PROJECT PURPOSE:
Basic: Mixed residential and commercial development.
Overall: Mixed residential and commercial development within the Metropica Master Planned Community, Sunrise, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater marsh with open water, cypress trees along the edge and on small islands.
PROPOSED WORK: The applicant seeks authorization to permanently impact 8.35 acres of waters of the United States (wetlands and surface waters) for the construction of a mixed residential and commercial development.
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 overall project purpose is to provide a mixed use residential and commercial development centering on a Transportation Demand Management (TDM) program. The development of this site requires roadway and pedestrian access to the north, east and west to provide adequate transportation movements and multi-modal interfaces for the residents and adjacent land owners. The northern end
of the site contains an area of low quality wetlands that could not be avoided if this condition were to be incorporated into the site development. Other sites that did not contain wetlands were not available, and remain, unavailable within the project area.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to purchase federal credits from a federally approved compensatory mitigation bank.
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:
Based upon review of the Wood Stork Key for South Florida dated May 18, 2010, the proposed project resulted in the following sequential determination: A > B > C > E = “Not likely to adversely affect” the wood stork. This determination is based on the project not being located within 2,500 feet of an active colony site; impacts to suitable foraging habitat (SFH) will be greater than 0.5 acre, project impacts to SFH within the Core Foraging Area of a colony site, Project provides SFH compensation in accordance with the Clean Water Act section 404(b)(1) guidelines and is not contrary to the Habitat Management Guidelines; habitat compensation is within the appropriate CFA or within the service area of a Service-approved mitigation bank.
Based upon review of the North and South Florida Eastern Indigo Snake Key dated 25 January 2010 and August 2013 Addendum, the proposed project resulted in the following sequential determination: A > B > C and result in a “Not likely to adversely affect” the Eastern indigo snake. This determination is based on the project not being located in open water, the applicant adhering to the “Standard Protection Measures for the Eastern Indigo Snake and the absence of gopher tortoise, holes, and refugia within the work area where a snake could be buried or trapped and injured during project activities.
The project also occurs within the consultation area of the Everglades snail kite. The project site does not contain suitable nesting or foraging habitat for the snail kite. The Corps has determined the proposed work would have “no effect” on the Everglades snail kite.
ESSENTIAL FISH HABITAT (EFH): The proposed work would have no effect to EFH.
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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 within 15 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, Kelly Egan, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Kelly.Egan@usace.army.mil; or, by telephone at (561)472-3514.
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.