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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Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.


Published March 19, 2020
Expiration date: 4/9/2020


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:            Bismark Construction, Inc.

                                 8940 SW 105 Street

                                 Miami, FL 33175



WATERWAY AND LOCATION:  The project would affect waters of the United States associated with East Bird Drive Wetland Basin.  The project site is located at the SE corner of SW 144th Avenue and SW 17th Street, in Section 10, Township 54, Range 39, Miami-Dade County, Florida. Parcel Folio No. 30-4910-003-0350. 


Directions to the site are as follows:  Exit the Florida Turnpike at Coral Way (SW 24th

Street) and head West to SW 144th Avenue, head North on SW 144th Avenue to SW

17nd Street.



APPROXIMATE CENTRAL COORDINATES:            Latitude     25.750848º

                                                                                    Longitude -80.428927º



Basic:  The basic purpose of this project to create a residential development with twelve(10) single family homes.

Overall:  The overall project purpose is to create a residential development within the

Bird Drive Wetlands basin in western Miami–Dade County


EXISTING CONDITIONS:  Aerial photo review indicates that the site appears to have been impacted with unpermitted fill in the early 1990’s. As a result, two different community types are found on the site. 1) Exotic Dominated Wetlands; and 2) Freshwater Wetland with Juvenile Exotics.

WL1 – Exotic Dominated Wetland – 1.61 acres

This polygon occupies the majority of the site at around the outer edges. Heavy Brazilian Pepper and Melaleuca are noted as well as Neyraudia and spindly Australian Pine.  Significant illegal dumping found at the portions adjacent to the canal road and southern ROW.

WL2 – Exotic Dominated Wetlands – 0.39 Acres

This polygon is at the center of the site and contains a mix of native freshwater

herbaceous wetland plants including Sawgrass and Muhly Grass. Mixed within this

polygon is exotic Torpedo-grass as well as juvenile Melaleuca. This area will likely

continue to decline in quality due to the surrounding seed source.


According to the USDA Natural Resources Conservation Service (NRCS) Soil Survey for [Miami-]Dade County Area, Florida (1996) and (, the

underlying soils consist of Dania Muck Depressional soils. A map of the soil type is

attached. “Dania muck, depressional” is described as a shallow, nearly level, very poorly drained soil located in poorly defined drainageways and adjacent to deeper organic soils within sawgrass marshes. Most areas are typically ponded for 9 to 12 months in most years and support natural vegetation, which consists of cattail and sawgrass. Dania Muck is listed as a hydric soil.


No wildlife was observed on the site during RSEC’s visit with the exception of exotic

lizards. The hydroperiod on the site is short (no stain lines were observed), likely as a

result of the adjacent canal. Given such a shorty hydroperiod, even the native area at the center of the project does not provide suitable foraging habitat for wading birds.

Inspection of the trees on the subject property did not indicate suitable nesting or

roosting habitat for the Florida Bonneted Bat; the one Australian Pine noted on the site

was tall and thin, structurally unsuitable for FBB utilization.


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: 

Based on the low ecological value of the parcel (surrounded by dense residential development, it is unlikely that a viable wetland preserve could be incorporated into the project. Any proposed preserve would be significantly adversely affected by secondary impacts from existing surrounding land uses. The proposed filling will be performed in such a way as to preserve water quality from potential contamination during

construction. In order to minimize impacts to adjacent wetlands, the applicant proposes to implement the FDEP NPDES BMP's to ensure turbidity standards are met or exceeded. Material used on the site will consist entirely of clean fill.


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

The applicant is proposing to offset the wetland impacts associated with the project by

mitigating through the purchase federal  freshwater herbaceous mitigation credits from the Everglades National Park Hole-in-the-Donut In-lieu fee project .


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, Eastern Indigo Snake (Drymarchon corais couperi), Wood Stork (Mycteria Americana), and have no effect on the Everglades Snail Kite (Rostrhamus sociabilis plumbeus) or its designated critical habitat.  The Corps has programmatic concurrence with these determinations based the 1 August 2017 letter from the U.S. Fish and Wildlife Service for the Indigo snake and 18 May 2010 letter for the wood stork.

The Corps has determined the proposal may affect the Florida Bonneted Bat (Eumops floridanus).  The project is located within the South Florida Urban Bat Area within Miami- Dade County.  The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter. 


ESSENTIAL FISH HABITAT (EFH):  The proposed project would have no impacts on tidally influenced water. 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/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 Southwest 107th Avenue, 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, Albert Gonzalez, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at; or, by telephone at (305)779-6055. 


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.