SAJ-2019-01733(SP-MMT)

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:      Florida Department of Transportation, District 6

                                Attn: Nathan V. Pulido, P.E.

                                District 6 Adam Leigh Cann Building

                                1000 NW 111th Avenue, Room 6211

                                Miami, Florida 33172

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the C-6 Canal (Miami Canal) and the 97th Avenue Canal.  The project site is located in Miami-Dade County along a 4.591-mile segment of Okeechobee Road from the Broward County Line to west of the Homestead Extension to the Florida Turnpike (HEFT), and also along a 1.79-mile segment from east of NW 107th Avenue to east of NW 116th Way.

APPROXIMATE CENTRAL COORDINATES:         

PROJECT PURPOSE:

Basic:  The basic project purpose is transportation.

Overall:  The overall project purpose is to increase safety and improve mobility along Okeechobee Road.

EXISTING CONDITIONS: The project is located within a highly urbanized corridor. Surrounding land uses consist primarily of industrial facilities as well as roads and highways. The C-6 (Miami) Canal runs parallel to SR 25/Okeechobee Road and the corridor footprint is also adjacent to NW 97th Avenue Canal towards the southern limits. In addition, herbaceous wetlands are located in isolated sections.

Two wetland types are present, vegetated non-forested wetlands and the permanently flooded C-6 and 97th Canals/surface waters.  The vegetated non-forested wetland areas include herb-of-grace (Bacopa monnieri), white beggar-ticks (Bidens alba), spadeleaf (Centella asiatica), and Baldwin’s spikerush (Eleocharis baldwinii). Exotic hardwood species such as punktree (Melaleuca quinquenervia) and Brazilian Pepper (Schinus terebinthifolius) predominate in much of these otherwise herbaceous wetlands.  The C-6 canal contains submerged and floating vegetation including coontail (Ceratophyllum demersum), and hydrilla (Hydrilla verticillata), with some sporadic woody and herbaceous macrophytes along the canal margins including torpedograss, Brazilian Pepper (Schinus terebinthifolius), bulltongue arrowhead, and common reed (Phragmites australis). The portion of the 97th Canal to be affected is overrun with exotic wetland species.

PROPOSED WORK:  The applicant seeks authorization to fill 15.03 acres of waters of the United States including 2.39 acres of non-forested, herbaceous wetlands, 0.082 acres of surface waters, and 10.11 acres of storm water drainage features. Approximately 2.45 acres of wetlands may be subject to secondary impacts.

The overall project scope includes the reconstruction and widening of SR 25/Okeechobee Road, improvements on Frontage Road and NW South River Drive. Proposed work includes the installation of a new storm water management system, intersection improvements, median openings, signalization, landscaping and a new Intelligent Transportation System (ITS). Modifications will be incorporated at intersections to provide adequate turning lanes for large trucks and to meet the new SR 25 configuration. The approach intersection enhancements are proposed at SR 997/Krome Avenue, NW South River Drive, NW 121st Way, NW 116th Way, NW 98th Ave, and Frontage Road. FM# 423251-2-52-01 and 423251-5-52-01

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: Water quality impacts resulting from erosion and sedimentation during construction will be controlled in accordance with the latest edition of FDOT's Standard Specifications for Road and Bridge Construction and through the use of best management practices.

COMPENSATORY MITIGATION – The applicant has provided a compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant will redeem credits from a federally approved permittee-responsible mitigation area (PROMA) to replace the lost aquatic resource functions and services.

CULTURAL RESOURCES:  The Corps is aware of historic property/properties within or in close proximity of the permit area. The State Historic Preservation Office provided concurrence that no adverse effect to historic or cultural properties will result from the project. The Corps will initiate consultation with federally recognized tribes with concerns in Florida and the Permit Area and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES:  Option A:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened eastern indigo snake (Drymarchon couperii corais), threatened wood stork (Mycteria americana), endangered Florida Bonneted Bat (Eumops floridanus), or endangered West Indian Manatee (Trichechus manatus), and will not affect the endangered Everglade snail kite (Rostrhamus sociabilis).  The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

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.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries.  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 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 Panama City Permit Section, 4400 PGA BLVD. SUITE 500, PALM BEACH GARDENS, FL, 33410 within 15 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, Mark M. Tamblyn at the US Army Corps of Engineers, Panama City Permit Section, 4400 PGA BLVD. Suite 500, Palm Beach Gardens, FL 33410; or by electronic mail at mark.m.tamblyn@usace.army.mil; or by telephone at (561)-472-3519. 

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.