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: Otis Wallace
Mayor of Florida City
404 W Palm Drive
Florida City, FL 33034
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Florida City Canal. The project site is located at 16869 E Palm Drive; at latitude 25.4480496° and longitude -80.4646504°; in Homestead, Miami-Dade County, Florida.
EXISTING CONDITIONS: The project area consists of a canal and vegetated berm between two opposing sections of a four-way roadway. The project is located inland of a South Florida Water Management District (SFWMD) spillway (S-20F) and SFWMD pump (S709). Historic salinity data was obtained for SFWMD’s monitoring station S20F which is located near the spillway, for the period between September 8, 2022 and March 6, 2025. The data shows that the salinity near the spillway ranges from 0-3.18 PSU with an average of 0.79 PSU. The project location is located approximately 8.5 miles inland of the monitoring station. There is no Corps Regulatory Division permitting history associated with the project location.
PROJECT PURPOSE:
Basic: Improve transportation along an existing roadway.
Overall: Improve transportation along East Palm Drive from Southwest 172nd Avenue to Southwest 167th Avenue in Homestead, Florida.
PROPOSED WORK: The applicant requests authorization to improve transportation along an existing roadway by conducting the following activities to facilitate the expansion of the roadway:
Installation of 1,300 linear feet of 91-inch by 142-inch culvert; Placement of 1.69 acres (29.930 cubic yards) of clean fill; Excavation of 0.25 acres (3,510 cubic yards) of material. Excavated material will utilized as fill for the proposed project.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: To minimize impacts to the canal and water quality, approximately 1,200 feet of the canal will remain open. Construction practices will include perimeter stabilization and erosion and sediment control measures to minimize impacts as much as practical to the surrounding surface waters.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The project will not result in notable functional loss; therefore, no compensatory mitigation is proposed.
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.
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 West Indian Manatee (Trichechus manatus).
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 and National Marine Fisheries 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: The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The project is located within a freshwater canal and uplands located approximately 8.5 miles inland from Biscayne Bay. 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 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 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).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the 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 15, 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, Suite 500, Palm Beach Gardens, FL 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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