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: Lennar Homes
c/o Alexi Haas
730 NW 107th Avenue, Suite 203
Miami, Florida 33167
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Spur Canal Number 1. The project site is located East of NW 27th and North of NW 119th Street, in Section 27, Township 52S, Range 41E, Miami-Dade County, Unincorporated Miami-Dade, Florida 33167 (Folio: 30-2127-010-1110 and 30-2134-001-0621.
Directions to the site are as follows: Driving North on I-95, take Exit 9 towards NW 119th Street and go west on NW 119th Street. Continue west approximately 2 miles, site will be north of NW 119th street just after E. Gold Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.888538°
Basic: The project purpose is to construct a residential development
Overall: The project purpose is to construct a residential development in Unincorporated Miami-Dade County
EXISTING CONDITIONS: The site consists of 87.62 acres of an abandoned golf course. There are approximately 2 acres of a freshwater wetland system and approximately 16 acres of (six separate) waterbodies/reservoirs which connect to canals. The overall vegetation on the site consists of: a sparse canopy of mature trees scattered across the Site, including bishopwood (Bischofia javanica), Australian pine (Casuarina equisetifolia), Brazilian pepper (Schinus terebinthifolia), slash pine (Pinus elliottii var. densa), live oak (Quercus virginiana), coconut palm (Cocos nucifera), cabbage palm (Sabal palmetto), Christmas palm (Adonidia merrillii), and Norfolk Island pine (Araucaria heterophylla). Groundcover is dominated by Bermudagrass (Cynodondactylon), Mexican clover (Richardia grandiflora), Brazilian jasmine (Jasminum fluminense), and creeping cucumber (Melothria pendula). The vegataion in the freshwater wetlands consist of largeleaf marshpennywort (Hydrocotyle bonariensis) and St. Augustine grass (Stenotaphrum secundatum),and giant leather fern (Acrostichum danaeifolium), torpedograss, broadleaf cattail, dogfennel, Mexican primrosewillow, common duckweed, bristlegrass (Setaria parviflora), and Asiatic dayflower (Commelina communis). The existing area surrounding the project area consists of residential development and major roadways.
PROPOSED WORK: The applicant seeks authorization to fill 2 acres of freshwater wetlands, re-shape the Spur Canal Number One, fill 13 acres of surface waterbodies and create four new storm water lakes (total of 13.19 acres) to construct a residential development on a 87.62 acre site.
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:
“Avoidance and minimization of impacts is considered to the extent practicable, 0.09-acres of low quality freshwater marsh wetlands are proposed to be impacted directly adjacent to one of the surface waterbodies. The Spur Canal Number One is proposed to be reshaped but the existing hydrological connection along the western and eastern Site boundaries will remain unaltered.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Compensation for the unavoidable wetland impacts will occur as a credit purchase from Everglades National Park Hole-in-the-Donut Mitigation Bank or Florida Power & Light Everglades Mitigation Bank.”
CULTURAL RESOURCES: The project area has been subject to archaeological investigations and one potential historic property, a precontact archaeological site, was identified within the project footprint. The applicant is proposing to preserve the significant portions of the site. The Corps will continue Section 106 consultation with the Florida State Historic Preservation Officer (SHPO), interested Federally recognized Tribes, and other interested to parties to develop an appropriate management plan for the preservation of the site. The management plan will be included as a special condition within the DA permit.
ENDANGERED SPECIES: The Corps has utilized the species “keys” developed by the U.S. Fish and Wildlife Service to make determinations on the species below. The “keys” are located on the public website:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the:
Wood stork (Mycteria americana): A>B>C>E-NLAA
The Corps has determined the proposed project may affect the:
Eastern Indigo Snake (Drymarchon corais couperi): A>B>C-May Affect
West Indian Manatee (Trichechus manatus) A>B>C8-May Affect
and the Florida Bonneted Bat (Eumops floridanus)1>2c-May Affect
The Corps will seek consultation through a separate letter with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act of 1973, as amended.
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 approximately 0 acres of EFH habitat utilized by various life stages of EFH species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Biscayne Bay. 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/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, 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, Nicole Liette, in writing at the Miami Permits Section, 9900 SW 107th Ave., Suite 203,Miami, Florida 33176; by electronic mail at Nicole.email@example.com; by telephone at (305)779-6051.
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.