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: Town of Medley
c/o Jorge Corzo
7777 NW 72nd Avenue
Medley, Florida 33166
WATERWAY AND LOCATION: The project would affect waters of the United States in the East Turnpike Wetland Basin. The project site is comprised of a vacant lot located at the southeast corner of NW 107th Avenue and NW 116th Way, in Section 05, Township 53 south, Range 40 east, Town of Medley, Miami-Dade County, Florida (Folio Number 22-3005-001-0332).
Directions to the site are as follows: From downtown Miami take I-95 north. Use the left lane to take exit 3A to merge onto FL-836 W toward airport. Continue onto FL-836 west. Use the right lane to take the FL-985 south. Use the right lane to continue toward Florida’s Turnpike. Follow signs for Ft. Lauderdale/Orland and merge on Florida’s Turnpike. Take exit 34 for NW 106 Street toward Grand Park Boulevard. Continue onto NW 106th Street/Beacon Station Boulevard. The project site will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.868433º
Longitude: -80.369767º
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, Town of Medley, Miami-Dade County, Florida.
EXISTING CONDITIONS: Based on the findings of a site inspection conducted by Davis Environmental Solutions on February 21, 2017 and June 7, 2017, the site consists of undeveloped land that supports both uplands and wetlands areas. The uplands consist of berms and sodded areas with minimal landscaping including trees and ruderal vegetation. The on-site wetlands are a freshwater herbaceous community with varying levels of disturbance and exotic vegetation.
Onsite vegetation includes melaleuca (Melaleuca quinquenervia), cattail (Typha sp.), Brazilian pepper (Schinus terebinthifolia), water primrose (Ludwigia peruviana), bulltongue arrowhead (Sagittaria lanciforia), sawgrass (Cladium jamaicense), leather fern (Acrostichum sp.), spikerush (Eleocharis cellulose), coinwart (Centella asiatica), smooth water hyssops (Bacopa monnieri), Australian pine (Casuarina equisetifolia), yellow water lily (Nymphaea mexicana) and mermaidweed (Proserpinaca palustris).
Disturbed soils and higher elevations in parts of the property have allowed exotic and nuisance vegetation to dominate while other areas of the site contain saturated soils, inundated areas, and areas with a periphyton mat approximately 2 inches thick. The NRCS Soil Survey for Miami-Dade County classifies the subject property as containing two soil types: Udorthents-water complex and Lauderhill muck, depressional.
The areas surrounding the subject property are heavily developed. Surrounding land uses consist of a housing development and borrow lake to the south, canal and roadways on the north side of the property, vacant uplands to the east, and warehouses to the west.
PROPOSED WORK: The applicant seeks authorization to fill 4.818 acres of freshwater wetlands with 36,800 cubic yards of fill for the construction of a commercial development with associated parking and stormwater treatment system. Work is proposed in Waters of the U.S. in accordance with the attached site plans.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information:
“The entire site is required for development to provide adequate parking for the health facility and associated stormwater management system. Additional parking is desperately needed for the adjacent parcel located to the south of the subject property to services the residents and community center. Overflow parking is also being proposed. This property is also owned by the applicant.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant is proposing to offset the wetland impacts associated with the project by mitigating through the purchase of mitigation credits from either FP&L Everglades Mitigation Bank (EMB) or Everglades National Park "Hole-In-the-Donut" (HID) Restoration Program, depending on availability.”
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), and Everglades Snail Kite (Rostrhamus sociabilis plumbeus).
Florida Bonneted Bat: The project site is located within the consultation area for the FBB. Use of the 2013 FBB Effect Determination Guidelines resulted in the sequence 1>2>a “may affect, not likely to adversely affect” the FBB. The project site is less than 5 acres. In addition, as indicated in the inspection report submitted by Davis Environmental Solutions, the project area does not support large trees that could be used as potential roost sites. The Corps will request concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Eastern Indigo Snake: Potential impacts to the eastern indigo snake were evaluated using the August 1, 2017, Determination Key for the Eastern Indigo Snake. Use of the Key resulted in the sequence: A>B>C>D>E: "not likely to adversely affect". The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Eastern Indigo Snake.
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). The project impacts are at a location greater than 18.6 miles from a wood stork colony site and mitigation is proposed at a Service approved mitigation bank. Therefore, 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.
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.