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: Miami-Dade County
ATTN: Eulois Cleckley
701 NW 1st Court
Miami, Florida
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Tamiami Canal, Bird Drive Canal and adjacent wetlands. The project site is located along Southwest (SW) 157th Avenue, between SW 42nd Street and SW 8th Street, in the City of Miami, Miami-Dade County, Florida 33136.
Directions to the site are as follows: Follow Interstate 95 South, to NW (Northwest) 137 Avenue South, exit from FL-836 west. Merge onto Dolphin Expressway and exit on SW 8th Street. Travel approximately 1.8 miles west and turn south on SW 157 Avenue.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.7431°
Longitude: -80.4483°
PROJECT PURPOSE:
Basic: The basic project purpose is linear transportation.
Overall: The overall project purpose is linear transportation in Miami-Dade County, FL.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The on-site vegetation consists of bahia grass (Paspalum notatum), St. Augustine grass (Stenotaphrum secundatum) and ornamental trees such as live oak (Quercus virginiana) and royal palm (Roystonea regia). The existing area surrounding the project area consists of residential development to the south and east, and undeveloped predominately wetlands to the west and north.
PROPOSED WORK: The applicant seeks authorization to impact 14.98 acres of wetlands to improve SW 157th Avenue between SW 42nd Street and SW 8th Street by widening the road from two lanes to four lanes, installing new raised landscape medians, bike lanes, sidewalks and associated drainage, lighting, signalization, and pavement markings.
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: This is a linear project, there are design constraints to consider, including existing stormwater management facilities, speed limit(s), and maintaining appropriate sight distance and clear zones. Due to the extent of the work proposed and the limited adjacent land available, wetland impacts were unavoidable. However, wetland impacts would be primarily limited to the wetlands residing between SW 157th Ave and the existing Florida Power and Light utility maintenance corridor. In addition, best management practices (BMPs) including turbidity barriers would be utilized to reduced impacts to adjacent resources.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase herbaceous wetland credits from Bluefield Ranch Mitigation Bank. Wetland Rapid Assessment Procedure data sheets have been prepared by the applicant, indicating that a total of 4.97 wetland mitigation credits would be required to offset the proposed fill activities associated with this project.
CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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:
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” American Alligator (Alligator mississippiensis) as suitable habitat is within the project corridor, however this mobile species would likely leave the area during construction.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Bartram’s Scrub Hairstreak (Strymon acis bartrami) as it is in the vicinity of the
host plant–pine rockland interface.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Blodgett's silverbush (Argythamnia blodgettii), no individuals were discovered during the ecology survey by the consultant, however suitable habitat may be present.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Cape Sable Thoroughwort (Chromolaena frustrata), no individuals were discovered during the ecology survey by the consultant, however suitable habitat may be present.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Carter’s Small Flowered Flax (Linum carteri var. carteri) as it is in the vicinity of the Everglades National Park (ENP).
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Crenulate lead-plant (Amorpha crenulata), no individuals were discovered during the ecology survey by the consultant, however suitable habitat may be present.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” the Everglades snail kite (Rostrhamus sociabilis) and its critical habitat, as the site contains habitat for this species.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Everglades bully (Sideroxylon reclinatum ssp. austrofloridense), no individuals were discovered during the ecology survey by the consultant, however suitable habitat may be present.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” the Florida Brickell Bush and its critical habitat (Brickellia mosieri) as it is in the
vicinity of Everglades National Park (ENP).
The Corps has determined the proposed project “May affect but is not likely to adversely
Affect” Florida leafwing butterfly (Anaea troglodyta floridalis), the range for this species is within the project site, however species prefers Pine-palmetto scrub and edges habitat.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Pineland sandmat (Chamaesyce deltoidea pinetorum), no individuals were discovered during the ecology survey by the consultant, however suitable habitat may be present.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Small's milkpea (Galactia smallii), no individuals were discovered during the ecology survey by the consultant, however suitable habitat may be present.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect ” the Florida bonneted bat based on the Consultation Key 1a>2b>13a>14b -if BMPS are used.
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” the Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Effect Determination Key (dated August 1, 2017), the Corps determination sequence resulted in A>B>C>D = “NLAA.”
The Corps has determined the proposed project “May affect but is not likely to adversely
affect” Tri-color bat (Perimyotis subflavus ) no individuals were discovered during the ecology survey by the consultant, however suitable foraging habitat may be present.
The Corps has determined the proposed project is “May affect” the Wood stork (Mycteria americana), based on the Effect Determination Key for the Wood Stork in South Florida (dated May 18, 2010), the Corps determination sequence was A>B>C>E= “may affect.”
The Corps has determined the proposed project is “May affect” the Florida panther (Puma concolor coryi), based on the Effect Determination Key for the Florida panther (dated February 19, 2007) The Corps determination sequence was A>B= “may affect”
The Corps will request U.S. Fish and Wildlife Service (FWS) concurrence with the above determinations under formal consultation pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 in the EFH or Federally managed fisheries as the proposed project impacts freshwater wetlands. 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 require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, may 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 Savannah District, Management Branch, 4751 Best Road, Suite 140, College Park, Georgia 30337 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, Nicole Liette, in writing at the Savannah District, Management Branch, 4751 Best Road, Suite 140, College Park, Georgia 30337; by electronic mail at Nicole.m.Liette@usace.army.mil; or, by telephone at (470) 514-0501.
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.
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 may be required from the Florida Department of Environmental Protection (FDEP).
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