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). 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: Pedro Ramos
National Park Service – Everglades National Park
40001 State Road 9336
Homestead, FL 33034
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Everglades National Park. The project site is located within the Osceola Camp site located immediately south of US-41/Tamiami Trail (Parcel ID: 30-4707-000-0050 and 30-4707-000-0070), Section 7, Township 54 South, Range 37 East; at latitude 25.760778° and longitude –80.664944°; in Miami, Miami-Dade County, Florida.
EXISTING CONDITIONS: The action area is mostly developed and surrounded by wetlands on the eastern, western, and southern sides and US-41/Tamiami Trail to the north. The majority of the action area is a residential village that is developed with mowed grass and scattered landscaping palms. Vegetation within the adjacent wetlands included pond apple, Carolina willow (Salix caroliniana), swamp bay (Persea palustris), dahoon holly, wax myrtle (Myrica cerifera), myrsine (Rapanea punctata), giant leather fern (Acrostichum danaeifolium), strangler fig (Ficus aurea), salt bush (Baccharis halimifolia) and cocoplum (Chrysobalanus icaco). Based on the conditions recorded during site visits, the wetlands consist of mixed wetland hardwoods.
The National Park Service (NPS) is proposing improvements to the Miccosukee Tribe of Indians of Florida Osceola Camp due to anticipated increases in water levels in the area from the implementation of the Central Everglades Planning Project (CEPP), a component of the Comprehensive Everglades Restoration Plan (CERP).
PROJECT PURPOSE:
Basic: Improve flood protection for a residential village and associated infrastructure.
Overall: Improve flood protection for a residential village and associated infrastructure within the Osceola Camp site located immediately south of US-41/Tamiami Trail (Parcel ID: 30-4707-000-0050 and 30-4707-000-0070); in Miami, Florida.
PROPOSED WORK: The applicant requests authorization to improve flood protection for a residential village and associated infrastructure by discharging 7,300 cubic yards of material within approximately 4.1 acres of wetlands (approximately 2.7 acres of which are after-the-fact). The residential village would be raised in elevation and would consist of roads, residential buildings, non-residential buildings, and associated utilities.
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 project would be constructed to appropriately manage runoff from the project site into the adjacent wetlands. The proposed project will utilize the existing development area (i.e. footprint of existing fill area) to the greatest extent practicable. A Stormwater Pollution Prevention Plan will be implemented prior and after construction. Prior to start of construction, staked silt fence will be deployed to isolate the construction site from ambient waters.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase 2 palustrine emergent wetland 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, including reviews of 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), American crocodile (Crocodylus acutus), eastern indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbus), Florida bonneted bat (Eumops floridanus), 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 9.4 acres of a residential village, including 4.1 acres of freshwater wetlands (approximately 2.7 acres of which are after-the-fact). The Corps has determined there is no EFH within the project area. 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 Miccosukee Tribe of Indians of Florida.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida on Tribal lands, CZCC does not apply because there is no approved coastal management plan that includes Tribal lands.
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 July 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, 440 PGA Boulevard, Suite 500, 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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