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.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

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.

SAJ-2024-00761(SP-JLM)

USACE Jacksonville District, Regulatory Division
Published May 1, 2024
Expiration date: 6/1/2024
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: Davie Medical Center LLC
c/o Todd Maxwell
2545 Park Plaza
Nashville, TN 37203

WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed wetlands associated with a South Broward Drainage District canal. The project site is located in Section 18, Township 51 South, Range 41 East, at 10100 Pines Blvd, Pembroke Pines, Broward County, Florida 33025.

Directions to the site are as follows: Take Florida's Turnpike south to exit 49B/Pines Boulevard. Go west on Pines Boulevard and travel about 4.2 miles. The site will be on your left, immediately west of Palm Ave.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.00701°
Longitude: -80.28078°

PROJECT PURPOSE:

Basic: The purpose of this project is to provide a new medical facility with associated parking area for the local community.

Overall: The overall project purpose is to construct a freestanding medical facility that services Pembroke Pines and alleviates pressure on the existing Memorial West Hospital nearby. A freestanding medical center is needed within Pembroke Pines to support Memorial West Hospital, which is becoming increasingly overloaded and struggles to meet the needs of the surrounding population.

EXISTING CONDITIONS: The project site is approximately 7 acres and is currently vacant land. The project site previously contained the former Pembroke Pines City Hall, along with existing access roads and parking lot, which were recently demolished. There are two wetlands located in the northern portion of the property that total 0.34 acres. Additionally, there are two surface water features onsite that are approximately 1.09 acres. Surface water feature number one is approximately 0.57 acres and is an offshoot of a South Broward Drainage District Canal. Surface water feature number two is approximately 0.52 acres and is a remnant stormwater retention pond that served the previously existing development. The wetland systems consist of freshwater forested and freshwater herbaceous systems. The onsite vegetation consists of wetland forested mixed and non-forested herbaceous wetland. The area surrounding the project area consists of developed land including roadways and commercial buildings. A South Broward Drainage District canal is immediately east of the proposed site. The waterflow in the canal flows south and eventually connects to the C-9 which discharges into the Intracoastal Waterway via the Oleta River.

PROPOSED WORK: The applicant seeks authorization to construct a medical facility that includes associated parking, access roads, storm water management systems, and other associated features. The project proposes the discharge of fill material within approximately 0.34 acres of freshwater wetlands (1,378 cubic yards) and 1.09 acres of other surface waters (12,185 cubic yards). The project will have approximately 0.04 acres of secondary impacts to offsite freshwater wetlands.

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:

The proposed project involves constructing facilities that are necessary to support a medical center. The free-standing medical center will provide support to the existing and overcrowded Memorial Hospital West. The AHCA mandates specific medical center building requirements including but not limited to: hallway widths, waiting room sizes, amount of waiting rooms, and other design items. To adhere to the AHCA standards, the size and location of the facility is unable to change from the proposed plans. Minimization of wetland impacts is not possible as the building must be situated in the Northeast corner of the site to provide access to Pines Boulevard and accommodate the AHCA requirements. Proposed roads are not able to be moved as optimal accessibility to Pines Boulevard is vital to decrease travel times for emergency services. To support the overcrowded Memorial West Hospital, access between both sites must be as efficient as possible. The current site layout is made to specifically meet AHCA standards and provide optimal access to Pines Boulevard for emergency services. As such, no on-site alternatives are viable for the project.

Although all the wetlands on-site are proposed for impact, the ecological value of the wetlands is low due to the proximity to surrounding development, existence of invasives and overall small size. Given the unique site plan requirements and the shape of the site, efforts to avoid wetland impacts are not practical.

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

Mitigation credits to be purchased from Pembroke Pines Mitigation Bank is as follows: 0.05 herbaceous credits and 0.15 forested credits for the impacts to on-site wetlands: 0.28 acres of forested wetland and 0.06 acres of herbaceous wetland. Additionally, 0.04 acres of secondary herbaceous wetland impacts were also calculated.

CULTURAL RESOURCES:

The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES:

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana); Eastern Indigo Snake (Drymarchon couperi); and the Everglade snail kite (Rostrhamus sociabilis plumbeus). The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps is evaluating potential effects of the proposal on the Florida Bonneted Bat (Eumops floridanus). The Corps will request initiation of consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

ESSENTIAL FISH HABITAT (EFH): Our initial determination is that EFH is not present within the project area; therefore, 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.

NAVIGATION: The proposed activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 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, Jeffrey Meyer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jeffrey.L.Meyer@usace.army.mil; or by telephone at (561) 871-0387.

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.

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.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the South Florida Water Management District (SFWMD). The project is being reviewed under SFWMD application no. 231110-41217.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.