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 David.N.White@usace.army.mil.
APPLICANT: Arvind Reddy
MTSW Ranches, LLC
6400 N Andrews Ave., STE 480
Fort Lauderdale, Florida 33309
WATERWAY AND LOCATION: The project would affect aquatic resources associated with wetlands and local drainage ditches. The project site is located at 14390 Mustang Trail, Southwest Ranches (Section 03, Township 51 South, Range 40 East), Broward County, Florida (26.03223°, -80.33950°); Broward County, Florida, Section 3, Township 51S, Range 40 E.
EXISTING CONDITIONS: The project area consists of a 4.69-acre lot with a single-family-residence, pool and outbuilding, an asphalt driveway all of which appear to have been constructed prior to 1980 and contains approximately 3.48 acres of wetlands. The site has recently been cleared but remnants of exotic wetland hardwoods and hydric soils were found on their site visit.
PROJECT PURPOSE:
Basic: The project purpose is to construct an equestrian focused single-family residence.
Overall: The project purpose is to construct an equestrian focused single-family residence located at 14390 Mustang Trail, Southwest Ranches, Florida.
PROPOSED WORK: The applicant requests authorization to discharge fill material (19,602 cubic yards) within 4.05-acres (176,418 square feet) to construct a two-building single-family residence, with stand-alone guest house, garage, storage building and equestrian facilities. The proposed project also includes the creation of a 0.64-acre lake and an asphalt driveway. The project will impact 3.48-acres of jurisdictional wetlands.
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 states that this is the minimum amount of fill needed to construct a single-family residence and equestrian facilities. Impacts to 3.48 acres of wetlands are unable to be avoided.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: For the direct impacts to 3.48-acres of freshwater wetlands the applicant proposes the purchase of 1.16 credits from Bluefield Ranch 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), 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 that the proposed project may affect the Florida’s Bonneted Bat (Eumops floridanus).
The Corps has determined that the proposed project may affect but is not likely to adversely affect the Wood Stork (Mycteria Americana); American alligator (Alligator mississippiensis); Eastern indigo snake (Drymarchon couperi); Florida panther (Felis concolor (coryi)); Puma Felis concolor (all subspecies except coryi)); Everglades snail kite (Rostrhamus sociabilis plumbeus); Southeastern beach mouse (Peromyscus polionnotus niveiventris); Eastern black rail (Laterallus jamaicensis ssp. Jamaicensis); American crocodile (Crocodylus acutus); Monarch butterfly (Danaus Plexippus); Beach (Jacquemontia reclinate); Tiny polygala (Polygala smallii).
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 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). 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.
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 Florida Department of Environmental Protection (FDEP).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. 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 October 8, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to David White at David.N.White@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: David White, 4400 PGA Blvd. 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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