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.
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: MDC Department of Regulatory & Economic Resources
Attn: Lourdes Gomez
111 NW 1st Street, 11th Floor
Miami, FL 33128
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Goulds Canal North of 9350 SW 248th Street, Homestead (Section 28, Township 56 South, Range 40 East), Miami-Dade County, Florida.
Directions to the site are as follows: The proposed phase I project is located in the Goulds Canal adjacent to SW 248th Street, which is in the southeastern Miami-Dade County Township 56 South, Range 40 East, and Section 28. The location is across from and north of 9350 SW 248th Street, Homestead, FL 33032 and begins approximately 1,380 feet east of SW 97th Avenue.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.537295°
Longitude -80.342748°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water management and water quality within a canal.
Overall: The basic project purpose is to improve water management and water quality within the Goulds Canal North of 9350 SW 248th Street, Homestead, Florida.
EXISTING CONDITIONS: The project area consists of a canal with no additional structures within the footprint of the proposed fill. The project is located inland of two South Florida Water Management District (SFWMD) spillways (S-21 and S-21A). Historic salinity data was obtained for SFWMD’s monitoring station GL03, which is located near the project location, for the period between January 1, 2014 and December 10, 2024. The data shows that this salinity for this segment of the canal ranges from 0-2.07 PSU with an average of 0.93 PSU. There is no Corps Regulatory Division permitting history associated with the project location.
PROPOSED WORK: The applicant seeks authorization to improve water management and water quality by the placement of 5.84 acres of clean fill (78,800 cubic yards).
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 applicant has stated that the project is located within a non-tidal portion of Goulds Canal that is devoid of aquatic resources; therefore, the applicant is not proposing impacts to Submerged Aquatic Vegetation, mangroves, or corals.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has stated that adverse impacts are not anticipated as a result of the proposed filling of the non-tidal canal with clean fill materials. Additionally, the applicant is proposing the work to improve surface water quality and to reduce the surface water connection that transports polluted groundwater to Biscayne Bay. The applicant states that mitigation should not be required because the project will result in a greater net benefit.
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 wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect the West Indian Manatee (Trichechus manatus). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect but is not likely to adversely affect the Giant Manta Ray (Mobula birostris), swimming green, Kemp’s Ridley, and loggerhead sea turtles, (Chelonia mydas, Lepidochelys kempii, and Caretta caretta), and the Smalltooth sawfish (Pristis pectinata). The Corps will request concurrence from National Marine Fisheries Service with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
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. A benthic resource survey has not been submitted; however, the project location is inland of two nearby water control structures. Salinity data for the past 10 years at this location suggests that the salinity for this segment of the canal ranges from 0-2.07 PSU with an average of 0.93 PSU. 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 require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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 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, 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 SFWMD.
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.
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