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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Kyle.H.Nichols@usace.army.mil.
APPLICANT: Atlas Hialeah 1031, LLC
Attn: Alberto Buzali
336 E Dania Beach Boulevard
Dania, FL 33004
WATERWAY AND LOCATION: The project would affect waters of the United States associated with 14.73 acres of wetlands. The project site is located within 18.39 acres of vacant parcels located immediately west of SW 137th Avenue (Parcel ID: 3049030030290, 3049030030292, 3049030030291, 3049030030300, and 3049030030320), Section 3, Township 54 South, Range 39 East, Miami, Miami-Dade County, Florida.
Directions to the site are as follows: From the Florida’s Turnpike head west onto NW 12th street. Turn left onto NW 137th avenue. The site will be on your right.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.76532°
Longitude -80.418669°
PROJECT PURPOSE:
Basic: Construct a commercial retail development with a stormwater management system and associated infrastructure.
Overall: Construct a commercial retail development with a stormwater management system and associated infrastructure in central west Miami-Dade County.
EXISTING CONDITIONS: The project site consists of a wetland system and a smaller upland area near the road. The wetland is composed predominantly of Australian pine (Casuarina equisetifolia) and melalueca (melaleuca quinquenervia) with scattered sparse areas of sawgrass (Cladium jamaicense), myrsine (Rapanea punctata) and Virginia chain fern (Woodwardia virginica). The upland contains Australian pine, Brazilian pepper (Schinus terebinthifolius), Mexican clover (Richardia scabra), diamondleaf fogfruit (Phyla fruticose), bushy bluestem (Andropogon glomeratus), giant reed (Arundo donax), fall panicgrass (Panicum dichotomiflorum), saltbush (Baccharis halimifolia), wax myrtle (Myrica cerifera) and beggar’s tick (Bidens alba). The subject property is bordered by SW 137th Avenue and residential land uses to the east. Commercial land uses are to the north of the subject property. Undeveloped land is south and west of the subject property.
PROPOSED WORK: The applicant seeks authorization to construct a retail development by discharging 118,000 cubic yards of material within an approximate 14.73 acres of wetlands. The retail site will consist of a retail wholesale club, gas station, three (3) outparcels for future use, parking areas, roadway connections, and a dry retention pond. An 1,040 linear feet concrete screen wall will be constructed around the proposed fill area.
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 construction was moved as far as possible to the east, closer to the nearby roadway. 2.6 acres will not be directly impacted by the proposed project.
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 purchase 4.881 credits from the Hole-in-the-Donut Mitigation Bank.
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 initially that the proposed project may affect, but is not likely to adversely affect the wood stork (Mycteria americana), eastern indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbus), Florida Bonneted Bat (Eumops floridanus), Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Florida panther (Puma (=Felis) concolor coryi), and Tricolored bat (Perimyotis subflavus). The Corps will evaluate the proposed work and request concurrence from the U.S. Fish and Wildlife Service by separate letter, or obtain programmatic concurrence as appropriate.
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 project is located within 14.73 acres of freshwater wetlands. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 Miami Permits Section, 4400 PGA Boulevard, 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, Kyle Nichols, in writing at the Miami Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410; by electronic mail at Kyle.H.Nichols@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)785-5644.
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 may be required from the South Florida Water Management District (SFWMD). The project is being reviewed under SFWMD application no. 231012-40801.
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.
CLICK HERE for Public Notice and Graphics