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: Michael Osman
Manager, RPRT, LLC.
1474-A W 84 Street
Hialeah, FL 33014
WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater wetland at 1474-A W 84 Street; legally described as SUB OF PB 2-17 W1/2 OF E1/2 OF TRCT 9 LOT SIZE 2.5 AC +/- in Section 17, Township 52 South, Range 40 East; Hialeah, Miami-Dade County, Florida, 33014. (RE # 04-2017-001-0091)
Directions to the site are as follows: From Homestead Extension of Florida's Turnpike (Southbound) Take exit 35 for US 27/0keechobee Rd. Take left at NW 138th Street. Continue to NW 97th Avenue along NW 138th Street. Make a left onto NW 97th Avenue and head Northbound. Continue past NW l 54th Street and the site will be on your left. The site is bounded by NW 154th St (South), NW 97th Ave (East), NW l 70th St (North) and NW 107th Ave (West).
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.9209 °
Longitude: -79.6371 °
PROJECT PURPOSE:
Basic: To construct an industrial and commercial facility.
Overall: To construct an industrial and commercial facility in Northwestern Miami-Dade County, Florida.
EXISTING CONDITIONS: The wetland system consists of a 2.5 acre freshwater system. The onsite vegetation consists of a mixture of native species. The ground cover is composed of Broomsedge (Andropogon virginicus) and Camphorweed (Pluchea odorata). Saltbush (Baccharis halimifolia), Brazilian Pepper (Schinus terebinthifolius), and juvenile and mature Melaleuca (Melaleuca quinquenervia) can be found scattered throughout the property. The existing area surrounding the project area consists of major highways, undeveloped areas, and quarry lakes.
PROPOSED WORK: The applicant seeks authorization to fill 2.5 acres of freshwater wetlands with 24,209 cubic yards of Lime rock in order to construct a commercial development with associated parking and stormwater management system in Hialeah, Miami-Dade County, FL. Sediment controls and silt fencing will be installed around the development to prevent run-off and will remain in place until construction is completed and all erodible materials have stabilized.
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: As part of the design process, the applicant reviewed the development footprint to determine if the proposed project design could be modified in an effort to avoid high quality or regionally important wetland or upland habitats. This review and analysis revealed that the project is located entirely within low quality, historically impacted wetlands. The proposed dredging and filling will be performed in such a way as to preserve water quality from potential contamination during construction. Pre-construction meetings will stress the importance of staying within the project boundaries, and silt fencing will be installed and regularly inspected at the outer edges to ensure no impacts outside of the project boundaries.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The purchase of credit at the Everglades Mitigation Bank or the Hole in Donut Mitigation area.
CULTURAL RESOURCES: Per the Standard Operating Procedures for Section 106 of the National Historic Preservation Act Compliance for the State of Florida, dated 21 November 2016, the RAR report noted that A Cultural Resource Assessment Survey Maybe Required. However, the site has been extensively modified by previous impacts that significant loss of archeological integrity to historic properties is presumed; therefore, no additional 106 review is needed (section 6, part i).
ENDANGERED SPECIES: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the Wood Stork (Mycteria americana); ”may affect” the Florida Bonneted Bat (Eumops floridanus), and will have “no effect” on the Everglades Snail Kite (Rostrhamus sociabilis) or its designated critical habitat. 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.
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). Use of the Key resulted in the sequence A > B>C>D “NLAA”. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Wood Stork dated May 18, 2010.
Florida Bonneted Bat (FBB): The project site is located in the FBB Consultation Area. Use of the 2013 FBB Effect Determination Guidelines resulted in the sequence 1-2c “may affect” the FBB. The Corps requests U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Everglades Snail Kite (Rostrhamus sociabilis): The project is located within the Everglades Snail Kite Consultation Area. The project location does not contain an extensive marsh system or lake littoral zones that could serve as foraging habitat for the species. The on-site plant community does not include spike rush, maidencane, bulrush or other appropriate emergent vegetation necessary to support an apple snail population in the area, the primary food sources for SNKI. The project location does not contain open water areas necessary for nesting. Therefore, the Corps determined the project will have “no effect” on the Everglades Snail Kite.
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 freshwater wetlands; therefore, the Corps has determined that no substantial adverse impacts to EFH will result from the proposed action. 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 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 107TH Avenue, Suite 203, Miami, FL 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, Patrick Gaughran, in writing at the Miami Permits Section 9900 Southwest 107TH Avenue, Suite 203, Miami, FL 33176; by electronic mail at Patrick.M.Gaughran@usace.army.mil; or, by telephone at (305) 779-6058.
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.