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: Carlos Arroyo
City of Doral
8401 NW 53rd Terrace
Doral, FL 33166
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Dressel's Canal. The project site is located between NW 97th Ave. and NW 87th Ave, just south of NW 36th Street in Section 28, Township 53S, Range 40E, Doral, Miami-Dade County, FL 33122
Directions to the site are as follows: The site is located just south of Doral Blvd. (NW 36th Street) on the Dressel's Canal between NW 97th Ave. and NW 87th Ave. Can be accessed by any number of routes depending on origin.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.80798°
Longitude: -80.34525°
PROJECT PURPOSE:
Basic: The basic project purpose shoreline restoration.
Overall: The overall project purpose is to restore the shoreline in of an existing canal in the city of Doral.
EXISTING CONDITIONS:
The wetland system consists of a freshwater canal system. The onsite vegetation consists of opportunistic plants in a flood control canal. The existing area surrounding the project area consists of residential and commercial properties.
PROPOSED WORK: The applicant seeks authorization to install 8,626 linear feet of stacked geo-block product, 2,066 linear feet of stone rip rap in areas where large tree root system are embedded in the canal bank, and 6 manatee grates on existing outfall pipes; and to deploy temporary turbidity curtains in/over waters of the United States.
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 hydraulic head loss caused by the impact of modified canal cross section is negligent, as hydraulics of the canal are controlled by the upstream and downstream culverts.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: Compensatory mitigation is not required because our hydraulic calculations prove that the conveyance is controlled by existing culverts, and there is negligible impact caused by change in cross-sectional area in the canal (due to stone rip rap sections). See attached analysis for your use.
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 work is limited in nature and scope; therefore, no additional 106 review is needed (section 6, part iii).
ENDANGERED SPECIES: The Corps has determined the proposed project: “may affect, but is not likely to adversely affect” the Florida Bonneted Bat (Eumops floridanus), and will have “no effect” on the American Crocodile (Crocodylus acutus), Wood Stork (Mycteria americana), and the Everglades Snail Kite (Rostrhamus sociabilis) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 > 2a “may affect but is not likely to adversely 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. American Crocodile: While the project is located within the crocodile consultation area, the parcel is not accessible to the crocodile. The species nests in sand, mud, and dead vegetation along the edge of suitable aquatic habitat. The shoreline at the project site is stabilized by geo-blocks. Therefore, the area could provide foraging habitat; however, it is not expected to provide nesting area for the species. In consideration of the lack of nesting habitat at the site and the mobility of the species (which would allow avoidance of the area during the implementation of work), the Corps has determined that this project would have “no effect” upon this species. Where the Corps makes a “no effect” determination to a listed species, no further 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 (Wood Stork Key). Use of the Wood Stork Key resulted in the sequence A > “no effect” The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Wood Stork dated May 18, 2010.
Everglades Snail Kite: 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 impact a freshwater canal system; 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.