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SAJ-1997-06400 (SJC)

Published Dec. 5, 2019
Expiration date: 1/5/2020

TO WHOM IT MAY CONCERN: This district has received a complete modification request proposing the modification of an existing mitigation bank pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT:  Earthmark Southwest Florida Mitigation, LLC
                       c/o Grandview Partners
                       Attn: Trevor Oliff
                       676 N. Michigan Avenue, Suite 2850
                       Chicago, IL 60611

LOCATION: The project site, known as Big Cypress Mitigation Bank Phase I-V (BCMB-I), is located approximately 12 miles northeast of the intersection of Interstate 75 and State Road 29, adjacent to the Hendry County – Collier County border, in Sections 26 and 35, Township 48 South, Range 31 East, Hendry County, Florida.

LATITUDE & LONGITUDE:
          (Centroid):                                Latitude: 26.271330°
                                                             Longitude: -80.196294°

BACKGROUND: This Public Notice is issued to advertise requested revisions to the final Mitigation Banking Instrument (MBI) approved on May 24, 2000. The modifications/revisions include changes to the work plan (planting, monitoring, success criteria, hydrologic enhancement structures), maintenance plan (strategies for exotic and nuisance control), and utilization of the bank.

A proposed modification to the MBI was previously placed on public notice on July 12, 2018. During the review process, it was identified that some of the restoration activities authorized by the May 24, 2000 MBI were never implemented such as redirection of surface hydrology through a culvert and shared retention wetland in the northeast corner of the property along with filling of the north/south bank boundary canals to redirect water on-site. Additionally, the main north/south canal along the eastern boundary of the bank was determined to not be owned by the bank sponsor and thus not within the bank boundary. Therefore, the previously proposed ditch blocks in the canal as part of the restoration activities depicted in the July 12, 2018 MBI modification are not possible and it was determined that additional revision to the proposed work plan and MBI modification was warranted.

Because of the numerous changes a full copy of the proposed BCMB revised modification is available for review on the Regulatory In lieu fee and Bank Information Tracking System web site (RIBITS) at the following web address: http://ribits.usace.army.mil. Once on RIBITS, on the left side of the page in the FILTER VIEW section select the radio button for USACE District and "Jacksonville" in the dropdown list box. After the page refreshes, click on "Banks & ILF Sites" link located in the upper left side of the page. From the list provided select “Big Cypress MB, Phase I-V.” After being redirected to the BCMB-I page, click on "Cyber Repository" (located near the top center of the page) to access all of the documents associated with the project. Click the arrow to the left of “Modification” to expand the folder. Click the arrow to the left of “2019-2020 Modification” to view the documents associated with this modification request. Additionally, the original MBI and previously proposed modification is available for review here as well.

PROJECT GOALS AND OBJECTIVES (as stated by the Sponsor):

Project goals: BCMB Phases 1-5 will provide critical wetland functions to the Big Cypress Swamp Watershed through the enhancement and restoration of a diversity of wetland communities. Enhancement activities will re-establish natural hydrology suitable for the proposed target habitats, eradicate exotic and nuisance vegetation, increase diversity and coverage of native hydrophytic species, and reintroduce fire regimes at intervals that will perpetuate native, desirable plant growth and wildlife habitats. Each assessment area will have specific target goals established for its community types, described as follows:

1. Enhance 228.3 acres of hydric pine flatwoods (AA-HPFE) through hydrologic improvements, reduction in stem density of slash pine (Pinus elliottii), invasive species eradication, supplemental plantings and/or seedings, and re-establishment of natural fire regimes;

2. Enhance 858.5 acres of freshwater marshes and wet prairies (AA-HWE) through improved hydrology, invasive species eradication, shrub density management, and supplemental groundcover planting/seeding;

3. Enhance 155.5 acres of mixed forested wetlands (AA-MFWE) through improved hydrology and invasive species eradication; and

4. Enhance 35.1 acres of uplands (UE) through invasive species eradication and reestablishment of natural fire regimes.
Project objectives: Hydrologic, vegetative, and habitat enhancements will all occur in accordance with the following objectives:

• Enhance bank-wide hydrologic conditions necessary for wetland establishment through improvements to the east-west roads located at each separation. Roads will be fitted with low water crossings (LWCs) situated at alternating ends of each road while the remainder of the roads will be graded approximately 6” above the LWC invert elevations (set to the SHWE), allowing water to stage up to elevations consistent with seasonal high water elevations before discharging into the BCNP (Goals 1-3)

• Road improvements as described above will act as check dams, providing a barrier to surface waters and preventing discharge through variable topography caused by micro-ditching associated with the historical agricultural operations. This will allow hydrology to stabilize and remain on the landscape for hydroperiod durations appropriate for a successful hydric pine flatwood ecosystem (Goal 1)

• Enhance HPFE by thinning the existing pines to densities consistent with healthy hydric pine flatwoods habitats (Goal 1)

• Enhance HPFE and HWE with supplemental planting or seeding of appropriate groundcover vegetation, focusing primarily on the HPFE assessment areas while making continual assessments of progress towards meeting success criteria in the HWE assessment area (Goals 1 and 2)

• Enhance HWE through shrub density reduction by mechanical means (Goal 2)

• Enhance wetland and upland habitats by eradicating invasive and nuisance species (floral and faunal) to ensure the establishment of healthy, native vegetative communities and improvements to wildlife habitat and forage (Goals 1 – 4)

Please note that some project information (figures, reports, etc.) reference a parcel identified as Phase VI. Big Cypress Mitigation Bank Phase VI is a separate individual mitigation bank with the same sponsor and consultant. In order to not duplicate efforts, some subcontracted portions of the proposed project (Hydrologic Evaluation and Redesign) investigated and presented findings for both banks in one report as these are considered one bank by the State of Florida. Phase VI is also under review for modification and will be part of a separate forthcoming public notice.

ECOLOGICAL SUITABILITY OF THE SITE: The site has been converted from an orchard to a mitigation bank since 2000 and is suitable to be maintained/enhanced.

CULTURAL RESOURCES: The Corps required an archaeological survey for the project area which was completed in June 2019 in accordance with Chapters 1a-46, Florida Administrative Code and with Federal regulation 36 CFR 800: Protection of Historic Properties. As a result of the intensive historical analysis and field survey, one new archaeological site was identified. Due to the low density of artifacts the site was recommended as ineligible for the National Register of Historic Places. The investigators note that the extensive agricultural history of the project area, which has caused intensive ground disturbances and land modifications, has destroyed upland locations that would have been suitable locations for additional archaeological sites. The Corps reviewed the report and found the report complete and the field work appropriate and sufficient and have determined that the project will have No Effect to Historic Properties. The Corps will consult on this determination with the Florida State Historic Preservation Officer and with appropriate Federally recognized Tribes prior completion of the Section 106 process.

ENDANGERED SPECIES: The site will be reviewed for potential critical habitat and presence of endangered species. The findings will be coordinated with the U.S. Fish and Wildlife service.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries.

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.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.

COMMENTS: Comments submitted in response to the previous public notice will not be considered. Interested parties should re-submit comments based on the new proposal identified in this public notice. Comments regarding the proposed modification should be submitted in writing to the attention of the District Engineer at the Corps of Engineers, Jacksonville District, North Permits Section, Mitigation Review Team, P.O. Box 4970, Jacksonville, Florida 32232-0019 within 30 days from the date of this notice.

If you have any questions concerning this action, you may contact Mr. Steven Currie in writing at the Corps of Engineers, Jacksonville District, North Permits Section, Mitigation Review Team, P.O. Box 4970, Jacksonville, Florida 32232-0019, by electronic mail at steven.j.currie@usace.army.mil, or by telephone at 904-232-3701.