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: Lennar Homes/CC Homes
Mr. Bruce Grundt
730 NW 107th Avenue, 3rd Floor
Miami, FL 33172
WATERWAY AND LOCATION: The project would affect waters of the United States
associated with the SFWMD C-9 Canal. The project site is located at 17500 SQ 41st
Street, Miramar, FL 33029.
Directions to the site are as follows: Take I-75 to Miramar Parkway (~1.4 miles) to SW
172nd Avenue, turn south (left) and travel to the intersection of Bass Creek Road and
SW 172nd Ave. (~1/4 mile). The site is on the southwest corner of the intersection.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.96821°
Longitude: -80.37946°
PROJECT PURPOSE:
Basic: The basic project purpose is to develop a single family residential community.
Overall: The overall project purpose is to develop a single family residential community
consistent with adjacent communities to provide housing for the city of Miramar in south-central Broward County.
EXISTING CONDITIONS: The wetland system consists of a freshwater herbaceous
system. The onsite vegetation consists of Melaleuca, Australian pine, Brazilian pepper
and an understory of sawgrass and a mixture of ferns, young bay trees and wax myrtle.
The site has been used as an antenna farm with several 1,000 foot tall broadcast
antennas and associated infra-structure and supporting guy wires. The remainder of
the site is a Melaleuca dominated wetland with 102.17 acres of wetlands. The existing
area surrounding the project area consists of single family residential to the north, south
and west with a school site and single family residential to the east.
PROPOSED WORK: The applicant seeks authorization to fill 83.07 acres of wetlands
with approximately 274,622 cubic yards of clean sand and lime rock, excavate 19.10
acres of wetlands to produce approximately 298,902 cubic yards of clean sand and lime
rock. Total wetlands onsite is 102.17 acres.
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 subject site is a remnant wetland that has been isolated by residential development
to the north, south and west with a school site and more residential development to the
east. Regional and nearfield drainage has lowered the water elevations in the area and
the vegetative structure has changed to a Melaleuca dominated wetland with minimal
native wetland plants in the understory. The avoidance of impacts to this very low
quality wetland would result in minimal remaining environmental benefits and wetland
values and functions..
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The project is proposing to provide all wetland mitigation at the Everglades Wetland
Mitigation Bank. Based on the WATER scores and the total impact area proposed, the
project will purchase 32.25 EMB wetland mitigation credits.
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 or its designated critical habitat. The Wood Stork
Effect Determination Key has resulted in a NLAA determination but the wetland impacts
are greater than 50 acres, therefore the Corps will request U.S. Fish and
Wildlife/National Marine Fisheries Service concurrence with this determination pursuant
to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): The project site is not directly connected to marine
or estuarine habitat and there is no known EFH within the project limits. Our initial
determination is that the proposed action would not have a substantial adverse impact
on EFH or Federally managed fisheries in the C-9 basin since there are no such areas
within the project vicinity.
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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the South Florida 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 South Permits
Branch, Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach
Gardens, FL 33410 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, Carolyn Farmer, in writing at the South Permits Branch, Palm Beach Gardens Permits
Section, 4400 PGA Boulevard, Palm Beach Gardens, FL 33410; by electronic mail at
Carolyn.H.Farmer@usace.army.mil; by facsimile transmission at (561) 472-6971; or, by
telephone at (561) 472-3527.
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.