To: All interested floodplain residents of Miami, residents of Miami-Dade County, elected officials, agencies, groups, and individuals
This is to give notice that the Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE), as guided by Executive Order 13690 Establishing a Federal Flood Risk Management Standard (FFRMS) and a Process for Further Soliciting and Considering Stakeholder Input and Executive Order 11988, Floodplain Management, as amended, has conducted an evaluation to determine the potential affect that its activity in the floodplain will have on the human environment. The proposed project is located at 18201 SW 12th St in Miami, Florida, 33194.
Proposed Action
ICE is proposing to construct a one-story dormitory on the property of the ICE Krome Service Processing Center (SPC), located at 18201 SW 12th St in Miami, Florida, 33194. The property is located directly adjacent to Everglades National Park and the majority of land surrounding the parcel is wetlands, with the exception of an access road and adjacent state-owned facilities. No impacts on wetlands are anticipated. The property consists of 110 acres, 36 acres of which is developed land. The new dormitory would be sited and constructed where an artificial turf soccer field currently exists within the fenced portion of the existing Krome SPC located at the north corner of the developed portion of the property. The purpose of the project is to house detainees who are awaiting an immigration status determination or who are awaiting deportation or repatriation in support of the homeland security mission in Florida. The building footprint would be 166’ x 150’ (24,900 sq. ft). In addition to the dormitory, ICE is proposing to create concrete walkways connecting the new dormitory to the existing walkways on the property which will add impervious surface to the property. The proposed new dormitory is planned to replace an existing dormitory on the Krome SPC property that is slated for demolition. The Proposed Action was reviewed as part of a Programmatic Environmental Assessment in 2010 that evaluated 17 new construction, demolition, and repair projects planned at the Krome SPC. Since it has been more than 5 years since the original EA was completed, ICE re-evaluated portions of the analysis to ensure compliance with current laws, regulations, and policies.
Utilizing the Federal Emergency Management Agency (FEMA) floodplain maps and National Flood Hazard Layer Flood Insurance Rate maps, ICE identified that the Proposed Action would be located within the 100-year floodplain, specifically within the AH zone (designated as the low-lying flood zone). The limit of disturbance for the Proposed Action in its entirety is approximately 0.6 acres, all of which is located in the 100-year floodplain and would be permanently impacted by the Proposed Action. The Base Flood Elevation (BFE) of the site is 8 feet above mean sea level. The proposed location for the new dormitory has been backfilled to approximately 10.75 feet NGVD (National Geodetic Vertical Datum), which is higher than the 8 feet BFE and incorporates the minimum of two feet of freeboard value required by the FFRMS for non-critical actions. ICE also completed a site visit on August 23, 2023, and determined that the soccer field area is bordered by wetland swales, which are a natural solution to aid in the conveyance of stormwater runoff from the property. To mitigate current and future flood risk within the 100-year floodplain, ICE proposes to construct the new dormitory such that the finished floor elevation is above BFE, in accordance with FEMA and Miami-Dade County regulations and thereby complying with current FFRMS. ICE will build the new dormitory at the existing 10.75 feet which is slightly above the vertical and horizontal FFRMS Floodplain (10 feet) at this location. Additionally, the wetland swale areas would not be altered, and no construction would occur in these areas.
Construction of the project as proposed, in accordance with all applicable local, state, and federal floodplain requirements, is anticipated to impact site topography and floodwater conveyance and storage on the project site, due to the additional impervious surfaces and land grading associated with the project. ICE would use minimum grading requirements during construction and save as much of the site from compaction as possible. ICE would grade the site to provide positive drainage from the detention center to the surrounding area, which includes wetland swales and an onsite retention pond northeast of the construction area. Erosion and sedimentation would be minimized as much as possible during all proposed construction by utilizing erosion control measures, such as siltation control, silt fences, and permanent retention of fill material. The surrounding wetland areas or swales would not be directly affected by the construction.
Alternatives
The entirety of the Krome SPC Facility and the surrounding wetland area are within the AH flood zone (100-year floodplain), therefore there are no practical site alternatives on the property that would be more suitable for construction of the dormitory. Off-site alternatives are not feasible due to security and operational requirements associated with the dormitory. As stated previously, the Preferred Alternative (the Proposed Action) would create a minor impact to the floodplain as a result of an increase of impervious area due to the construction of the new dormitory. However, ICE proposes to build the structure according to FFRMS regulations such that the finished floor elevation is more than two feet above BFE, thereby minimizing both flood risk to federal assets and impacts on floodplains. Additionally, potential impacts from an increase in stormwater runoff would be minimized to the greatest extent practicable by grading the site to provide positive drainage from the detention center to the surrounding area, as mentioned above.
ICE also considered the No Action Alternative, under which the current land use within the area of the Proposed Action (recreational soccer field) would continue, and no construction would occur. There would be no impacts to the floodplain or to the environment, however the purpose and need for the Proposed Action would not be satisfied. Therefore, ICE has eliminated the No Action Alternative from consideration.
ICE has reevaluated the alternatives to building in the floodplain and has determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988 are available for public inspection, review, and copying upon request at the email address delineated in the last paragraph of this notice for receipt of comments. ICE will comply with all state and local floodplain protection procedures, including consulting with the appropriate agencies prior to implementing the Proposed Action.
This activity will have no significant impact on the environment for the following reasons:
- The Project area is located within a developed portion of the Krome SPC property and would be contained to an existing artificial turf recreational soccer field. The Project area is not adjacent to any homes; therefore, ICE anticipates no impacts on environmental justice communities.
- ICE determined that the Proposed Action would have no adverse effect on the neighboring Everglades National Park, as the Proposed Action would be confined to the existing soccer field area on the developed portion of the property. There are wetland swale areas directly adjacent to the soccer field, however no construction will occur in those areas. ICE consulted with Everglades National Park, which concurred on November 30, 2023, that the proposed action is not anticipated to have measurable effects on adjacent wetlands, floodplains, and other resources within Everglades National Park.
- The Proposed Action does not include disturbance of potentially contaminated areas and is not likely to cause a release of chemicals to the environment.
- The Proposed Action will not result in a significant increase in the amount of wastewater generated or potable water demand. The new dormitory is planned to replace an existing dormitory of similar capacity, which is slated for demolition. Therefore, any change in wastewater generated or potable water demand, should a change occur, would be insignificant.
- Based on the U.S. Fish and Wildlife Service’s (USFWS) Information Planning and Consultation (IPaC) Review of the project area, ICE identified 36 threatened and endangered species in the local area and in the vicinity of the Project Area. However, as stated previously, the Proposed Action is located on previously disturbed land that is currently used as a recreational artificial turf soccer field within a fenced site, which has limited suitable habitat for threatened or endangered species. ICE determined that the Proposed Action could have indirect, negligible, and short-term effects on five of the listed threatened and endangered species identified through IPaC. The five species were the Eastern Black Rail, the Eastern Indigo Snake, the Everglade Snail Kite, the Florida Bonneted Bat, and the Wood Stork. Although it is unlikely that the listed species reside on the premises or breed within the developed portion of Krome SPC, the potential for indirect impacts to these species does exist. Indirect impacts to wildlife species or migratory birds that may be found in the area during project activities may also occur; however, most of these species are highly mobile. Animals that feel threatened by any of the proposed activities could easily leave the site temporarily. The site is also surrounded by fencing which would prevent some animals from entering the Project Area. Because of the wetlands, retention pond, and other undeveloped habitats immediately adjacent to the project site, these species would be able to find refuge as frequently as needed. Therefore, potential impacts to wildlife and migratory birds due to the Proposed Action would be negligible and temporary. There are no critical habitats in the vicinity of the Project area. On September 28, 2023, ICE requested concurrence from USFWS under Section 7 of the Endangered Species Act (ESA) on its “May Affect, Not Likely to Adversely Affect” determination for the five species identified through IPaC. On December 19th, 2023, ICE received concurrence from the USFWS that the Proposed Action is not likely to adversely affect any federally listed species or designated critical habitat protected by the ESA, as amended (16 U.S.C. 1531 eq. seq). The consultation fulfills the requirements of Section 7 of the ESA and further action is not required. ICE has determined that the Proposed Action would have no effect for species protected under the Marine Mammal Protection Act, the Magnuson-Stevens Fishery Conservation Management Act, the Bald and Golden Eagle Protection Act, or the Migratory Bird Treaty Act.
- No negative impacts to recreational or educational values of the floodplain are anticipated to occur due to the project’s location on government-owned land and the relatively small footprint of the Proposed Action.
- Best management practices will be utilized to decrease erosion and sedimentation that could result from the Proposed Action, including siltation control/silt fences and permanent retention of fill material.
- ICE consulted with the Florida Department of Environmental Protection Clearinghouse on September 15, 2023. The Clearinghouse distributes the Project proposal for review to appropriate state agencies, water management districts, regional planning councils, local governments, and the Governor’s Office of Planning and Budget to streamline the consultation process at the state level and ensure proposals are in accordance with state plans, policies, programs, objectives, and procedures. This consultation allows multiple stakeholders to confirm if a proposed project is environmentally sound and to determine if the project will have any adverse effects on Florida's natural resources, wildlife, historical or archaeological sites or artifacts. ICE received a response from the Clearinghouse, and advised ICE that an Environmental Resource Permit from the South Florida Water Management District is required for this project. The Clearinghouse also stated that “the state has no objections to allocation of federal funds for the subject project and, therefore, the funding award is consistent with the Florida Coastal Management Program (FCMP). The state’s final concurrence of the project’s consistency with the FCMP will be determined during any environmental permitting processes, in accordance with Section 373.428, Florida Statutes, if applicable.” ICE will obtain all necessary federal and state permits prior to commencement of project activities.
There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information about floodplains can facilitate and enhance Federal efforts to reduce the risks associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplains, it must inform those who may be put at greater or continued risk.
Any individual, group, or agency wishing to comment on the project may do so via email at icesustainability@ice.dhs.gov. Comments must be received by the Department of Homeland Security on or before January 10, 2024. This notice is posted on the DHS NEPA website.