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: Atlas Hialeah 1031, LLC
c/o Alberto Buzali
336 E. Dania Beach Blvd
Dania Beach, FL 33004
WATERWAY AND LOCATION: The project would affect waters of the United States in the East Turnpike Wetland Basin. The project site is comprised of three vacant lots located at 265 NW 87th Avenue, in Section 09, Township 52 south, Range 40 east, unincorporated Miami-Dade County, Florida (Folio Numbers 30-2009-001-0010, 30-2009-001-0013, and 30-2009-001-0015).
Directions to the site are as follows: From E-75, exit onto NW 186th Street and head west. Turn south onto NW 87th Avenue for approximately one-tenth of a mile and arrive at the site access road to the west.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.940101º
Longitude: -80.343629º
PROJECT PURPOSE:
Basic: The basic project purpose is for a commercial development.
Overall: The overall project purpose is for a commercial development in the East Turnpike Wetlands Basin, unincorporated Miami-Dade County, Florida.
EXISTING CONDITIONS: Based on the findings of a site inspection conducted by Kimley Horn and Associates, Inc. on June 20th, 2017, the site is primarily composed of wetlands, including exotic wetland hardwoods and freshwater marshes, with one road present through the center portion of the site.
Areas along the northern and eastern boundaries of the site are considered exotic wetland hardwoods (10.29 acres). The canopy is dominated by melaleuca (Melaleuca spp.), while the understory is comprised of smart weed (Polygonum spp.), duck potato (Sagittaria latifolia), pickerel weed (Pontederia cordata), scattered Brazilian pepper (Schinus terebinthifolius), native cane (Arundinaria gigatea), and cinnamon fern (Osmunda cinnamomea). This forested area was inundated with approximately six inches of standing water. The southeastern corner of the site is at a slightly higher elevation and is dominated by Australian pine (Casuarina spp.).
Within the center of the site are areas of freshwater marsh of varying qualities (17.74 acres). Near the eastern boundary of the property, the marsh is dominated by smartweed, duck potato, maidencane (Panicum hemitomon), sedges (Cyperus spp.), and rushes (Juncus spp.). This area was similar to the forested portions described above that are dominated by melaleuca trees. Portions of the freshwater marsh in the western area of the property included the species noted above as well as scattered Brazilian pepper, ruderal grasses, and castor bean (Ricinus communis). Evidence of soil and vegetation disturbance by horses and cattle on site was more visible in this area. In general, the areas in the eastern portion of the site can be considered to provide higher wetland functions and values than the areas in the western portion of the site.
Based on the Miami-Dade County soil survey, the soils mapped throughout the site are primarily hydric, and in general, correspond to where wetlands were delineated. The site is bound on the north by NW 186th Street (Miami Gardens Drive), on the east by NW 89th Avenue, NW 181st Street on the south, and a residential development on the west.
PROPOSED WORK: The applicant seeks authorization to dredge 1.45 acres (135,000 cubic yards) of wetlands for the creation of a stormwater management lake and to fill 26.32 acres (410,000 cubic yards) of wetlands for the construction of a retail and commercial complex with associated parking and drainage. 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:
“The proposed development involves construction of a retail and commercial complex with associated parking and drainage. Given the size of the development, no placement of the site plan would result in a reduction of wetland impacts. Other sites considered within the service area contained a considerable amount of wetlands, with wetland impacts being unavoidable. Although all wetlands on site are proposed for impact, the ecological value of the wetlands is low due to disturbance by the presence of cattle and horses, as well as the presence of exotics such as melaleuca and Australian pine. The proposed mitigation will provide greater long term ecological value than the area of wetlands to be impacted.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Mitigation credits will be purchased from Everglades Mitigation Bank in Miami-Dade County for the impacts to jurisdictional wetlands and wood stork suitable foraging habitat.”
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), Eastern Indigo Snake (Drymarchon corais couperi), Wood Stork (Mycteria Americana), Bald Eagle (Haliaeetus leucocephalus), 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. The project site is located within the consultation area for the FBB and the work area exceeds 5 acres and includes more than 1 acre of upland or wetland forest; upland or wetland shrub; open freshwater wetlands; or open water. Use of the FBB Guidelines resulted in the sequence 1> “may affect”. As such, formal consultation with the FWS is required.
Eastern Indigo Snake: Potential impacts to the Eastern Indigo Snake were evaluated using the August 1, 2017, Determination Key for the Eastern Indigo Snake. The project will impact more than 25 acres of snake habitat. By use of the FWS Eastern Indigo Snake Key dated August 1, 2017, the following key sequence A>B>C would result in a “May Affect” determination. 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). Mitigation is proposed at Everglades National Park and a Wood Stork foraging analysis was provided. Use of the Key resulted in the sequence A>B>C>E “NLAA”. The Corps has concurrence with this determination pursuant to the Wood Stork Key. However, the foraging analysis has been forwarded to FWS to determine adequate mitigation for impacts associated with this project.
Bald Eagle: An active bald eagle nest is located on-site. The applicant will request a non-purposeful take permit from FWS for construction occurring within 660 feet of the nest, with no construction occurring within 330 feet of the nest during nesting season. In addition, a 60-foot buffer will be placed around the nest to remain as a 0.26 acre undisturbed natural area. The Corps has completed an evaluation of the impacts associated with the work and has determined that the project “may affect not likely to adversely affect” the bald eagle. The Corps will request concurrence with this determination from FWS pursuant to Section 7 of the Endangered Species Act.
Everglades Snail Kite (ESNKI): The proposed project falls within the consultation areas for the Everglades snail kite. However, the proposed work will have no impacts on native wetland vegetation that may be used by the apple snail (Pomacea paludosa) which is the main prey species for the Everglades snail kite. Therefore, the Corps has made a “no effect” determination for the species. When the Corps makes a “no effect” determination, no further consultation with Services Agencies 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.