SAJ-2015-03571(SP-JNR)

            Jacksonville District

            Permit Application No. SAJ-2015-03571 (SP-JNR)

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 joseph.n.rivera@usace.army.mil.

APPLICANT: Ms. Jackelin Simmons

                     Cemex Construction Materials Florida, LLC

                    1200 NW 137th Avenue

                    Miami, Florida 33182

WATERWAY AND LOCATION: The project would affect aquatic resources associated with North Line Canal.  The project site is located west of NW 137th Avenue, along the extension of NW 25th Street; at latitude 25.797173° and longitude –80.417017°; in unincorporated Miami-Dade County, Florida.

EXISTING CONDITIONS:  The 1,975 linear feet (3.52-acre) project site is located within an industrial/commercial area, as part of the CEMEX Miami Cement Plant, surrounded by undeveloped vegetated land, commercial/industrial warehouses, mining lakes with littoral shelves, and a correctional facility.  The site is located outside of the Urban Development Boundary, within unincorporated Miami-Dade County, Florida.  The project site consists of approximately 3.23 acres of wet metaleuca and approximately 0.01-acre of disturbed freshwater marsh wetlands.  The remaining portions of project site consist of a powerline easement (0.16-acre), disturbed lands (0.07-acre), disturbed freshwater marsh (0.01-acre), and a segment of North Line Canal to the west (0.05-acre).

PROJECT PURPOSE:

Basic:  To expand an existing canal (North Line Canal) for wellfield protection purposes.

Overall:  To excavate and extend an existing canal and provide a hydraulic barrier between the wellfield and the property to the south.  The canal extension would provide a layer of protection to the Northwest Wellfield.

PROPOSED WORK:  The applicant requests authorization to discharge fill into approximately 2.45 acres of wetlands for culvert installation and backfill activities; and to dredge approximately 0.79-acre of wetlands in order to extend an existing canal approximately 1,975 linear feet (North Line Canal) to the west of its current end point.  The canal would serve as a hydraulic barrier, preventing any contaminant migration of hazardous materials from the property to the south to the Northwest Wellfield.  The canal would connect the existing canal on the east side of the FPL easement and the proposed canal on the west side of the FPL easement.  The Miami-Dade County has required CEMEX to extend this canal to provide water quality protections to this subject wellfield.  The adjacent surrounding wetlands would not be affected by this extension, and the work would be similar with neighboring land use practices.  The proposed activities would include the excavation of 1,975 linear feet for the canal construction activities. Approximately 13,093.36 cubic yards of excavated material from the canal would be utilized for the slope berms. 

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 applicant would utilize a staging area to the south of the project boundaries for equipment storage during construction/expansion of the canal and to stockpile the excavated material.  Construction access would take place through two temporary construction entrances/driveways from the existing, adjacent dirt roads, and construction BMPs would include perimeter stabilization and erosion and sediment control measures to minimize impacts to surrounding wetlands.  Once this project is complete, the operation and maintenance of this expanded canal would be carried out by Miami-Dade County.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant proposes to use available credits from the Lake Belt Mitigation Ledger to offset the proposed impacts to wetlands at the project site. 

The impact site was previously assessed using the Uniform Mitigation Assessment Methodology (UMAM), totaling 2.16 UMAM credits.  The applicant utilized WRAP and obtained a total of 2.26 WRAP credits after scoring the same assessment areas (impact site) and including secondary impacts, with impacts to wet metaleuca requiring 2.24 credits for the impact site with no secondary impacts and impacts to the disturbed freshwater marsh requiring 0.01 credits for the impact site and 0.01 credits for secondary impacts. 

CULTURAL RESOURCES:

The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

Should historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) be present within the Corps’ permit area, the proposed activity requiring the DA permit (the undertaking) is a type of activity that has no potential to cause an effect to an historic property.

We refer to a consultation letter from the Florida Department of Environmental Protection, dated April 21, 2023, (DHR Project File No. 2016-0247-D), stating that the proposed project would have no effect on eligible historic properties.  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.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

The canopy on the western end of the project site mostly consists of dense Australian pine and metaleuca, unsuitable for FBB roosting and not allowing for ingress/egress opportunities, however, the cleared portions within the eastern end of the site may provide limited foraging opportunities.  An acoustics survey was performed by the applicant (between August 1-15, 2022), with twelve FBB calls being recorded.  Based on the applicant’s site reconnaissance, few trees throughout the project site met the requirements for FBB, with no cavities being observed.  Based on the applicant’s coordination with USFWS staff, several BMPs would be implemented with the project site plans (checking tree cavities for bats; conserving wetlands and avoiding water quality impacts; avoiding application of insecticides; and avoiding the use of any artificial lighting/night-time lighting).

Use of the Florida Panther Effect Determination Key, dated February 19, 2007, resulted in the following sequential determination: A > B, “no effect.” Based on the determination key, no additional consultation with USFWS would be required, pursuant to Section 7 of the Endangered Species Act.

The project lies within a buffer for wood stork nesting colonies, with the nearest colony located 4.5 miles west of the site.  Use of the USFWS South Florida Ecological Services Office Effect Determination Key, dated May 2010, resulted in the following sequential determination: A, “no effect.”  Based on the determination key, no additional consultation with USFWS would be required, pursuant to Section 7 of the Endangered Species Act.

Use of the USFWS Eastern Indigo Snake Programmatic Effect Determination Key resulted in the following sequential determination: A > B > C > D, “not likely to adversely affect.”  Based on the determination key, no additional consultation with USFWS would be required, pursuant to Section 7 of the Endangered Species Act.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

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.

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 (WQC) is required from the South Florida Water Management District (SFWMD). The project was reviewed under SFWMD Application No. 241111-47470, and WQC was issued/approved by letter correspondence, dated April 1, 2025 (Permit No. 13-112196-P). Issuance of their permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062, FAC.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SFWMD. In Florida, the State’s approval constitutes compliance with the approved Coastal Zone Management Plan (referring to SFWMD’s permit letter, dated April 1, 2025).

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 September 18, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Joseph Rivera, Project Manager at joseph.n.rivera@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Savannah District, Attention:  Joseph Rivera, Project Manager, 4751 Best Road, Suite 140, College Park, Georgia 30337-5616. Please refer to the Corps 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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