TO WHOM IT MAY CONCERN: This district has received a request proposing the modification of an existing mitigation banking instrument pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT/SPONSOR: EIP Credit Co., LLC (EIP)
Attn: Mr. Troy Anderson
5550 Newbury Street
Suite B
Baltimore, Maryland 21209
LOCATION: The project site, known as the Old Florida Mitigation Bank (OFMB), is located southeast of Fivay Junction at the intersection of US Route 41 and State Route 52 in Sections 10, 11, 14, and 15, Township 25 south, Range 18 east, in Pasco County, Florida.
LATITUDE & LONGITUDE:
(Approximate Centroid): Latitude: 28.316167°
Longitude: -82.488797°
BACKGROUND: The sponsor, EIP, has submitted a request to the United States Army Corps of Engineers (Corps), Jacksonville District to modify the mitigation banking instrument (MBI) for the OFMB, which was approved by this office on June 9, 2015.
The sponsor proposes to generate additional third-party wetland credits at the OFMB to be used as compensatory mitigation for unavoidable impacts to waters of the United States, including wetlands, authorized by Department of the Army permits issued pursuant to Section 404 of the Clean Water Act (33 USC 1344) and/or Section 10 of the Rivers and Harbors Act (33 USC 403). In addition, when deemed appropriate, credits could be used to provide compensation for Corps Civil Works projects. Finally, the sponsor proposes that credits could be used to satisfy the environmental requirements of other federal statutes, such as the Endangered Species Act.
The sponsor proposes to generate a total of 231.31 wetland credits through previously approved and proposed wetland establishment, restoration, enhancement, and/or preservation mitigation activities. The amount of potential wetland credits generated is based on the Uniform Mitigation Assessment Method (UMAM) outlined in Florida Administrative Code 62-345. According to the June 9, 2015 approved MBI, the OFMB currently has the potential to generate a maximum of 177.70 wetland credits via UMAM.
The proposed modification includes revisions to required components of the OFMB’s MBI per 33 CFR 332.8. These components include, but are not limited to, the mitigation work plan, baseline information, determination of credits, performance standards, credit release schedule, reporting protocols, financial assurances, default and closure procedures, long-term management, etc., as necessary to reflect the proposed modification.
A full copy of the proposed OFMB modification is available for review on the Regulatory In lieu fee and Bank Information Tracking System web site (RIBITS) at the following web address:
https://ribits.ops.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 “Old Florida MB.” After being redirected to the Old Florida MB 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 and click on “OFMB_Draft_MBI_Mod1_2021_3_7_ALL_Final” to view the documents associated with this modification request. Additionally, the originally approved MBI is available for review in the Cyber Repository as well.
CULTURAL RESOURCES: This undertaking must be reviewed to determine any potential effect to properties that may be eligible for or listed on the National Register of Historic Places (NRHP) in accordance with Section 106 of the National Historic Preservation Act. The NRHP has been consulted, and it has been determined there are no historic properties currently listed on the NRHP within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The site will be reviewed for potential critical habitat and presence of endangered species. The findings will be coordinated with the United States Fish and Wildlife Service (USFWS). In addition, this office will coordinate with the USFWS to ensure the sponsor’s proposal to use wetland credits for species mitigation/compensation complies with the requirements of 33 CFR 332.3(j).
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/sponsor. 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 regarding the proposed modification should be submitted in writing to the attention of the District Engineer at the United States Army 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. Cory Wilson in writing at the United States Army Corps of Engineers, Jacksonville District, North Permits Section, Mitigation Review Team, P.O. Box 4970, Jacksonville, Florida 32232-0019, by electronic mail at cory.l.wilson@usace.army.mil, or by telephone at 904-232-1670.