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: Butters Acquisitions, LLC
c/o Adam Vaisman
6820 Lyons Technology Circle, Suite 100
Coconut Creek, FL 33073
WATERWAY AND LOCATION: The project would affect waters of the United States in the East Turnpike Wetland Basin. The project site is comprised of 2 undeveloped parcels located at NW 87th Avenue and NW 93 Street in Sections 4, Township 53 south Range 40 east, in the Town of Medley, Miami-Dade County, Florida (folio numbers: 22-3004-003-0010 and 22-3004-003-0012).
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 US-27 north and turn left. Turn left onto NW 79th Avenue. Turn right at the 1st cross street onto NW South River Drive. Turn left onto NW 93rd Street. The project area will be on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.858776°
Longitude: -80.339382°
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 information provided by the consultant, Smart Sciences, Inc., the site is highly disturbed undeveloped land consisting of primarily invasive exotic plants dominated by Australian pine (Casuarina equisetifolia), melaleuca (Melaleuca quinquenervia), and dense elephant grass (Pennisetum purpureum). The majority of the site is a degraded wetland, with the exception of an Australian pine and elephant grass upland system along the south perimeter and a highly disturbed upland herbaceous open canopy system along the southeastern portion of the site. At the time of the assessment by Smart Sciences, Inc., the southern portion of the site had recently been cleared of vegetation, along with two swaths approximately 30 feet wide extending east to west from the eastern site boundary to the central portions of the site. Debris consisting of concrete, tires, 5-gallon buckets, metal and PVC piping, and rebar was scattered across the southern, southeastern, and western portions of the site. The elevation across the site was highly variable, with drops of two to three feet commonly observed. The numerous depressional areas across the site showed signs of holding water after storm events, but most did not contain standing water at the time of the assessments conducted in January 2018. The site is surrounded by vacant land, industrial and commercial developments. Directly east of the site is NW 87th Avenue, currently under construction. South of the site is NW 93rd Street followed by industrial developments. To the west and north are commercial and industrial developments. To the northeast is a rail line leading to several nearby rail yards vital to the success of a commercial warehouse development.
A site inspection done by Corps staff done on March 9, 2018 revealed that approximately 1.56 acres of wetlands, likely containing melaleuca, were removed by mechanized land clearing. The Corps site inspection also revealed that approximately 0.5 acres along the east side of the property have been filled as a result of the construction of a road immediately adjacent to the project site.
PROPOSED WORK: The applicant seeks authorization to place 49,076 cubic yards of fill in 8.5 acres of waters of the United States to non-jurisdictional features for the construction of a commercial development with associated parking and stormwater treatment system.
AVOIDANCE AND MINIMIZATION INFORMATION – Based on information provided by the applicant, the building footprint cannot be reduced for a practical project. The applicant proposes off-site mitigation in-lieu of avoidance and minimization of impacts to natural resources.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “The applicant plans to purchase credits from Everglades National Park Hole in the Donut (HID) Mitigation Bank and/or the Florida Power & Light (FP&L) Everglades Mitigation Bank (EMB).”
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: Use of the 2013 FBB Effect Determination Guidelines resulted in the sequence 1>2>c “may affect” the FBB. The project site is located within the consultation area for the FBB and the project site is over 5 acres and includes more than 1 acre (alone or combined) of the following FBB habitat types: upland or wetland forest; upland or wetland shrub; open freshwater wetlands; or open water (e.g., lakes, ponds, canals, streams, rivers). In addition, approximately 1.56 acres of melaleuca forest (Melaleuca quinquenervia) was removed for geotechnical borings at the site. The mechanized clearing of melaleuca was done prior to the submittal of the subject Corps permit application and without prior review from the U.S. Fish and Wildlife Service. Therefore, the Corps will initiate formal consultation 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.
The Corps has determined the proposal would have no effect on any other 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 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 SW 107th Ave., 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 SW 107th Ave., Suite 203, Miami, Florida 33176; by electronic mail at Nicole.D.Fresard@usace.army.mil; 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.