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: Cleghorn Shoe Corporation
1401 79th Street Causeway
Miami, FL 33141
WATERWAY & LOCATION: The proposed project is located at the northwest corner of Red Road and Miramar Parkway, Section 25, Township 51 South, Range 40 East, Broward County, Miramar, Florida.
DIRECTIONS TO SITE: Exit I-75 at Miramar Parkway, go west on Miramar Parkway to Red Road. The project is located at the northwest corner of Miramar Parkway and Red Road.
LATITUDE & LONGITUDE: Latitude 25.9791° West
Longitude -80.2957° North
Basic: To construct a residential and commercial development.
Overall: The project consists of the construction of a residential and commercial development in Miramar, Broward County.
EXISTING CONDITIONS: The area can be characterized as grazing land interspersed with 16.22 acres of poor quality, exotic infested wetlands. The existing area surrounding the project area consists of roads to the north-northeast and south and residential development to the west and northwest.
PERMIT HISTORY: Original authorization for SAJ-2003-08780 was issued in July 2005 for a mixed use residential/commercial development on a 236.10 acre project area that consisted of 110.57 acres of wetlands of which 95.91 acres were authorized for impacts and 14.66 acres were avoided/minimized. In addition, applicant purchased 26.05 credits at Loxahatchee Mitigation Bank.
PROPOSED WORK: The applicant proposes to develop the remaining 46.40 acre project area (Cleghorn – Tracts C, D & E) of the previously authorized 236.10 acre tract for a commercial development. The proposed project is to place approximately 49,626 cubic yards of fill over 481,774 square feet (11.06-acres) and dredge 146,067 cubic yards of waters of the United States for the construction of a commercial development.
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:
An Alternate Sites Analysis was conducted and determined that there was no suitable property available on which the avoidance of wetland impacts could occur. To minimize wetland the impacts, the applicant has proposed a combination of on-site wetland enhancement and creation, as well as off-site wetland creation, and the purchase of credits in a mitigation bank.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed to enhance 5.16 acres and create 3.36 acres of wetlands on-site. An approximately 1.12-acre, 25’ buffer will be surrounding the on-site mitigation area. In addition to on-site mitigation, the applicant is also proposing 3.19 acres of wetlands to be created at a nearby off-site location. The applicant has already purchased credits in the Loxahatchee Mitigation Bank to offset any remaining mitigation deficit.
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 will have no effect on the Florida Bonneted bat (Eumops floridanus). Also the Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork (Mycteria americana) and Everglades Snail Kite (Rostrhamus sociabilis). Finally, the Corps has determined the proposed project may affect the Eastern indigo snake (Drymarchon couperi). The determinations are described below:
The Corps has determined the proposed project will have no effect on the Florida Bonneted bat (Eumops floridanus). The habitat of the bat is semitropical forests with tropical hardwood, pineland, and mangrove habitats, as well as man-made areas. The proposed project area does not contain desirable habitat for the bat. In addition, the proposed project area is also located outside of the area considered current range by the Service. No further consultation on this species is required.
The Corps utilized the South Florida Programmatic Concurrence Key for the Wood Stork dated May 18, 2010, and determined that the project is not likely to adversely affect the wood stork (pathway A-B-C-D). No further consultation with FWS is required for the wood stork pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Everglades Snail kite or its designated critical habitat. The site contains an open water lake that may provide habitat for the species. In addition, this lake and additional wetland area is to be enhanced/created onsite that will provide habitat for the species. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
By use of the Eastern Indigo Snake key dated August 1, 2017, the project results in a may affect (path A-B-C) on the eastern indigo snake provided the permit is conditioned such that all gopher tortoise burrows, active or inactive, be evacuated prior to site manipulation. The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 Corps has determined that the proposed project would not impact EFH or federally managed fisheries and therefore consultation with the National Marine Fisheries Service (NMFS) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is not necessary.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified.
AUTHORIZATION FROM OTHER AGENCIES: A State Water Quality Certification/Permit may be required for this project. The South Florida Water Management District (SFWMD) will be processing an application for this project. The State application number is 170731-5.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Carolyn.H.Farmer@usace.army.mil; 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.