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/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). The purpose of this public notice is to solicit comments from the public regarding the work 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: Paris Del Rio
Prologis, L.P
8355 NW 12th Street
Miami, FL 32803
WATERWAY AND LOCATION: The project would affect aquatic resources associated with 28.74 acres of freshwater wetlands. The project site is located within approximately 36 acres of vacant and industrial parcels located immediately west of SW 137th Avenue (Parcel ID: 30-3953-000-0134, 30-3953-000-0136, 30-3953-000-0137, 30-3953-000-0145, 30-3953-000-0146, 30-3953-000-0147, 30- 3953- 000-0148, 30-3953-000-0154, 30-3953-000-0156, 30-3953-000-0157, 30-3953-000-0158, 30-3953-000-0159, 30-3953-000-0162, 30-3953- 000-0163, 30-3953-000-0164, 30-3953-000-0166, 30-3953-000-0170 and 30-3953-000-0250), Section 3, Township 54 South, Range 39 East, Miami, Miami-Dade County, Florida.
EXISTING CONDITIONS: The project site consists of both wetland and upland communities. The subject property is bordered by NW 12th street to the east. Commercial land uses are to the north of the subject property. Undeveloped land is west of the subject property. Agricultural land is to the south of the subject property.
The information that was submitted with the application states that the property consisted of the following communities: FLUCCS codes 193 Urban Land in Transition, 437 Australian Pine, 530 Reservoirs, 619 Exotic Wetland Hardwoods, 640 Vegetated Non-Forested Wetland, 740 Disturbed Lands, and 744 Fill areas; however, work has already begun and fill has been placed in each type of community including wetlands W1, W2, W3, and W4. The Corps’ Compliance and Enforcement team was notified of the potential violation and have identified approximately 2.07 acres of unauthorized impacts within W4. These impacts will be resolved with this application if a favorable permitting decision is determined to be appropriate. The Compliance and Enforcement team also determined that W1, W2, and W3 were entirely filled but would not be pursuing the impacts to these three wetlands due to the fact that they are isolated.
PROJECT PURPOSE:
Basic: Construct an industrial development with a stormwater management system and associated infrastructure.
Overall: Construct an industrial development with a stormwater management system and associated infrastructure in Miami-Dade County.
PROPOSED WORK: The applicant seeks authorization to construct an industrial warehouse development by discharging 230,430 cubic yards of material within approximately 28.74 acres of wetlands (approximately 2.07 acres and 46,590 cubic yards of which are after-the-fact). The warehouse development will consist of access roads, industrial buildings, and a stormwater management system.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
The wetlands that will be impacted are low quality and contain a high amount of invasive and exotic species. Best management practices will be followed to reduce the amount of indirect impacts to offsite wetlands.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing to purchase 14.80 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, federally recognized tribes and other interested parties.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Southeast Region Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.
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.
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.
This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The project is located within 36 acres of vacant and industrial parcels, including 28.74 acres of freshwater wetlands. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.
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 structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the South Florida Water Management District (SFWMD). The Water Quality Certification has been granted under SFWMD permit no. 13-105392-P on 31 May 2022.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SFWMD. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.
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.
COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
The Jacksonville District will receive written comments on the proposed work, as outlined above, until May 7, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Kyle Nichols at Kyle.H.Nichols@USACE.Army.Mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Kyle Nichols, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
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