Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

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SAJ-2017-01186(SP-NDF)

Published July 20, 2018
Expiration date: 8/10/2018

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:                       Century Homebuilders Group, LLC            

                                            c/o Sergio Pino

                                            1805 Ponce de Leon Blvd. Suite 100

                                            Coral Gables, FL 33134

 

WATERWAY AND LOCATION: The project would affect waters of the United States in the Bird Drive Wetland Basin. The project site is comprised of a vacant lot located at SW 145 Avenue, between SW 17th and 18th Streets, in Section 10, Township 54 south, Range 39 east, Unincorporated Miami-Dade County, Florida (folio number: 30-4910-003-0361). 

 

Directions to the site are as follows: From Downtown Miami - Head northeast on SE 4th Street toward SE 1st Avenue. Use the left lane to turn slightly left onto SE 1st Avenue. Turn left onto SE 2nd Street. Use the right lane to take the ramp onto I-95 north. Use the left lane to take exit 3A to merge onto FL 836 toward Airport. Continue onto FL-836 west. Use the right 2 lanes to take SW 137th Avenue south exit. Merge onto SW 137th Avenue. Turn right onto US-41W. Turn left onto SW 147th Avenue. Turn left onto SW 17th Street. The property will be on the right.

 

APPROXIMATE CENTRAL COORDINATES:

Latitude 25.750118°        Longitude -80.430255°

 

PROJECT PURPOSE:

Basic: The basic project purpose is for a residential development.

Overall: The overall project purpose is for a residential development in the Bird Drive Wetland Basin, Unincorporated Miami-Dade County, Florida.

 

EXISTING CONDITIONS: The project acreage totals 1.4 acres and the site is undeveloped. The parcel is bounded to the north by 17th street, on the south by 18th street and by undeveloped lands on the east and west sides.

The USDA Natural Resources Conservation Service (NRCS) Soils Survey for Miami-Dade County was reviewed to determine the underlying soil types at the project site. A review of this data indicates that the entire site is comprised of Dania Muck.

Based on the information prepared by Peekstok Environmental Consulting, LLC, a site inspection was done on June 17, 2016, the entire project site is comprised of wetlands. Indicators of surface water hydrology were present within the site, more prevalently in the northwestern portion of the site. Hydrological indicators were more apparent in the western and southern portions of the parcel. No visible topographic alteration was evident on the site.  Due to the anticipated flashy nature of the on-site hydrology, this wetland would be classified as short hydroperiod wetland. This flashy nature of the hydrology may have been enhanced by the canal that parallels SW 144th Avenue and regional flood protection activities.

Generally, the site consists of a wet prairie with groundcover dominated by sawgrass (Cladium jamaicense), wiregrass (Aristida stricta), broom sedge (Andropogon spp.), milkweed (Asclepias tuberosa) and white topped sedge (Rhynchospora colorata) that was been invaded by shrubby exotic and native vegetation as well as scattered Australian pine (Casuarina equisetifolia) in the canopy. Some lovegrass ssssssss and Phyla spp. were also observed. Shrubby species include Brazilian pepper (Schinus terebinthifoia), Florida trema (Trema micrantha) and myrsine (Myrsine quianensis).

 

PROPOSED WORK: The applicant seeks authorization to place 12,000 cubic yards of fill in 1.4 acres of waters of the United States for the construction of 6 single family homes with associated parking. Work is proposed in Waters of the United States in accordance with the attached site plans.

 

AVOIDANCE AND MINIMIZATION INFORMATION – Based on information provided by the applicant, the ecological value of the function provided by the area of wetland or other surface water to be adversely affected is low based on the site specific analysis and the proposed mitigation will provide greater long term ecological value than the area of wetland or other surface water to be adversely affected.

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

The applicant proposes mitigation that implements all or part of a plan that provides regional ecological value than the area of wetland or other surface water to be affected. The applicant plans to purchase credits from Everglades National Park Hole in the Donut (HID) Mitigation Bank.

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),

Wood Stork (Mycteria Americana), Eastern Indigo Snake (Drymarchon corais

couperi), American Crocodile (Crocodylus acutus), and Everglades Snail Kite

(Rostrhamus sociabilis plumbeus). The Corps will request U.S. Fish and Wildlife Service determination pursuant to Section 7 of the Endangered Species Act.

Florida Bonneted Bat: The project site is located in the FBB focal area. Use of the FBB Effect Determination Guidelines resulted in the sequence 1> “may affect”. However, a FBB survey was done by Peekstok Environmental Consulting, LLC on October 13, 2016. During the survey, all trees located on the site were systematically analyzed for the presence of cavities. Peeled, partially attached melaleuca bark was also evaluated. Special emphasis was also placed on searching for signs of bat utilization, such as guano or staining around cavities. Although the entire site and every individual tree was investigated twice to ensure that all trees and any other potential bat habitat was thoroughly reviewed, the survey revealed no evidence of bat utilization at the site. Based on the findings of the FBB survey, the corps has determined the project “may affect, not likely to adversely affect” the FBB. The Corps will request the U.S. Fish and Wildlife 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). 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.

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.

American Crocodile: While the project is located within the crocodile consultation area, the parcel is not accessible to the crocodile, therefore, the Corps has determined the proposal would have no effect on the crocodile. Where the Corps makes a “no effect” determination to a listed species, no further consultation is required.

Everglades Snail Kite (ESNKI): The project is located within the ESNKI 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, maidcaine, 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 ESNKI. Where the Corps makes a “no effect” determination to a listed species, no further consultation 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.