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: 145 Devco, LLC
c/o Jose Fernandez
216 Catalonia Avenue, Suite 107
Coral Gables, FL 33134
WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater wetlands in the Bird Drive Wetlands Basin. The project site is located at approximately SW 26 Street and 145 Avenue in Section 10, Township 54 South, Range 39 East, unincorporated Miami-Dade County, Florida (Folio #30-4910-003-0250).
Directions to the site are as follows: From the Homestead Extension of the Florida Turnpike go West 3 miles on Tamiami Trail (US 41, SW 8 Street) to SW 147 Avenue and go South to the site at SW 26 Street.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.744470°
Longitude:-80.430831°
PROJECT PURPOSE:
Basic: The basic project purpose is for a residential multi-family development.
Overall: The overall project purpose is for a residential multi-family development, in the Bird Drive Wetlands Basin in southwest Miami-Dade County.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The interior of the site consists of herbaceous wetlands with minimal exotic vegetation encroachment. The perimeter of the site is dominated a dense growth of exotic and undesirable vegetation. Historically, this region was an herbaceous component of the eastern Everglades system. The site is hydrologically isolated by surrounding developments from any other natural areas or water features.
PROPOSED WORK: The applicant seeks authorization to develop the site by mechanically clearing the property and discharging clean fill into the 1.9 acre property with 12,250 cubic yards of limerock to construct a residential multi-family development and its associated infrastructure.
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:
“Design modifications for the avoidance and minimization of impacts were explored, however, any reduction in project footprint would result in a project that is not financially practicable. Furthermore the functional value of any preserve area would be compromised by the residential and commercial developments that hydrologically isolates the subject parcel from any other undeveloped areas.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “The applicant proposes compensation for the unavoidable wetland impacts by purchasing credits from the Hole-in-the-Donut at Everglades National Park to provide greater long term ecological value than the area of wetland to be affected.”
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 may affect, but is not likely to adversely affect the wood stork (Mycteria americana). The Corps has also made the determination that the project may affect, but is not likely to adversely affect the Eastern Indigo snake (Drymarchon corais couperi). The Corps has programmatic concurrence with these determinations based the 13 August 2013 letter from the U.S. Fish and Wildlife Service for the Indigo snake and 18 May 2010 letter for the wood stork.
Additionally, the Corps has determined that the project “may affect” the Florida Bonneted Bat Eumops floridanus. The Corps will request initiation of formal consultation from the Fish and Wildlife service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined that the project would have no impacts on any other listed species.
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. Since the project is located in freshwater wetlands, the Corps has determined that the proposed action would not have a substantial adverse impact on EFH. 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 SW 107th Avenue, Suite 203, Miami, FL, 33176 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, Albert Gonzalez, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL, 33176, by electronic mail at Albert.Gonzalez@usace.army.mil, by fax at (305)526-7184, or by telephone at (305)779-6055.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.