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SAJ-2021-02726-RGH

Jacksonville District
Published Jan. 21, 2022
Expiration date: 2/20/2022

TO WHOM IT MAY CONCERN:  The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a request proposing the modification of an existing mitigation banking instrument pursuant to the 2008 Compensatory Mitigation for Losses of Aquatic Resources regulations (33 CFR Part 332) as described below:

SPONSOR:  

Mosaic Fertilizer, LLC

Ms. Shelley Thornton

13830 Circa Crossing Drive

Lithia, Florida 33547

LOCATION:  The proposed project, identified as the 1,238.6-acre Pioneer Mitigation Bank (PMB) is located east of Murphy Road, west of U.S. Highway 17 and south of State Road 64.  More specifically, the proposed project is located in Section 36, Township 34 South, Range 24 East; Sections 1, 12, and 13, Township 35 South, Range 24 East; and Section 7, Township 35 South, Range 25 East; in Hardee County, near Zolfo Springs, Florida. 

APPROXIMATE CENTRAL COORDINATES: 

Latitude:       27.45033°

Longitude:  -81.859762°

PROSPECTUS SUMMARY:  Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the PMB prospectus online so that it is available for review by the public.  The prospectus may be downloaded from the Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) at web address: https://ribits.ops.usace.army.mil/ords/f?p=107:2.

Once on the RIBITS homepage, select "Jacksonville" from the "ALL DISTRICTS" drop down menu located in the lower left corner of the screen.  Once the district filter has been selected, click on the “Banks & ILF Sites” link located in the Navigation box (upper left corner).  This will generate a list of projects, scroll down the list and click on the “Pioneer MB” link.  On this page, click on the "Cyber Repository" link located on the menu bar above the General Information box, then click on the Prospectus Documents folder to access the prospectus associated with the PMB project.

If you are unable to access the web address, a copy of the prospectus is available upon request to the project manager listed at the end of this public notice.

PROJECT GOALS AND OBJECTIVES:  The applicant seeks authorization to enhance, create, restore, preserve and protect wetlands and uplands on the 1,238.6-acre property.  The primary ecological goal of the PMB is to is to preserve, enhance, and/or establish approximately 873.7 acres of wetland and 360.3 acres of upland communities to improve fish and wildlife habitat use and connectivity; increase wetland, floodplain, and riverine function and quality; and improve the overall integrity of the communities within the Peace River Watershed. Please note the approximately 4.6 acres encumbered by existing utility easements are not included in the preservation, enhancement, or establishment acreages above as the easements limit activities that can be undertaken within these areas. Specific restoration objectives include:

ESTABLISHMENT of 25.1 acres of Freshwater Marsh (FLUCFCS 641) from existing Abandoned Groves (FLUCFCS 224) and Upland Cut Ditches (FLUCFCS 514) to provide flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 778.4 acres of Stream and Lake Swamps (Bottomland) (FLUCFCS 615) to improve floodplain protection, flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 21.1 acres of Freshwater Marsh (FLUCFCS 641) by restoring this area to the historic land cover of Stream and Lake Swamps (Bottomland) (FLUCFCS 615). Enhancement will improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 19.2 acres of Mixed Wetland Hardwoods (FLUCFCS 617) to improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 13.3 acres of Freshwater Marshes (FLUCFCS 641) to improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 4.9 acres of Wet Prairies (FLUCFCS 643) to improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 4.8 acres of Wet Pasture (FLUCFCS 648) by restoring this area to the historic land cover of Stream and Lake Swamps (Bottomland) (FLUCFCS 615). Enhancement will improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 2.6 acres of Wetland Cut Ditches (FLUCFCS 513) by restoring areas to the historic land cover of Stream and Lake Swamps (Bottomland) (FLUCFCS 615). Enhancement will improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 2.3 acres of Upland Cut Ditches (FLUCFCS 514) to improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 1.2 acres of Reservoirs (Less Than 10 Acres) (FLUCFCS 534) by converting to Freshwater Marshes (FLUCFCS 641). Enhancement will improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 0.9 acres of Wetland Cut Ditches (FLUCFCS 513) to improve flood attenuation, water quality treatment, nutrient cycling, aquifer recharge, and wildlife habitat within the Peace River Watershed.

ENHANCEMENT of 144.7 acres of Improved Pasture (FLUCFCS 211) by converting areas to native Herbaceous (Dry Prairie) (FLUCFCS 310) vegetative community. Enhancement will create a more native condition, provide wetland buffers, and increase wildlife habitat and connectivity.

ENHANCEMENT of 86.3 acres of Citrus Groves (FLUCFCS 221) by converting areas to native Herbaceous (Dry Prairie) (FLUCFCS 310) vegetative community. Enhancement will create a more native condition, provide wetland buffers, and increase wildlife habitat and connectivity.

ENHANCEMENT of 70.3 acres of Temperate Hardwood (FLUCFCS 425) to create a more natural condition, provide wetland buffers, and increase wildlife habitat and connectivity.

ENHANCEMENT of 41.6 acres of Woodland Pastures (FLUCFCS 213) by restoring land to the historic vegetative community Temperate Hardwood (FLUCFCS 425) to create a more natural condition, provide wetland buffers, and increase wildlife habitat and connectivity.

ENHANCEMENT of 17.4 acres of Cropland and Pastureland (FLUCFCS 210) by converting areas to a native Herbaceous (Dry Prairie) (FLUCFCS 310) vegetative community. Enhancement will create a more native condition, provide wetland buffers, and increase wildlife habitat and connectivity.

PRESERVATION of the above areas (873.7 acres of jurisdictional wetland habitat and 360.3 acres of upland buffer habitat) for a total of 1,234.0 acres to protect and manage the natural resources in perpetuity.

ECOLOGICAL SUITABILITY OF THE SITE:  A review of available information indicates that the property historically consisted of forested wetlands, improved pasture, citrus groves, and temperate hardwood forests.  

ESTABLISHMENT AND OPERATION OF THE BANK:  The proposed PMB would be established and operated by Mosaic Fertilizer, LLC as the Sponsor with the assistance of Flatwoods Consulting Group Inc.  The property that comprises the PMB is owned by Mosaic Fertilizer, LLC. The PMB is proposed to be established as a single and complete project. Following PMB successful implementation and attainment of final success criteria, long-term management activities will be implemented in order to ensure the sustainability of PMB.  In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed PMB.

PROPOSED SERVICE AREA:  The project is located within the Troublesome Creek Subwatershed, identified as Hydrologic Unit Code (HUC) 031001010701 and the Peace River Branch Subwatershed, identified as Hydrologic Unit Code (HUC) 031001010705 which are both part of the larger Peace Subbasin (HUC 03100101).  The Applicant proposes a Mitigation Service Area (MSA) that is coincident with the Peace Subbasin.  The PMB MSA is anticipated to include wetland habitat communities that could reasonably be expected to occur on the PMB.

CULTURAL RESOURCES:  The Corps is aware of historic property/properties within or in close proximity of the permit area.  The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

Endangered Species:  The Corps has determined the proposed project may affect but is not likely to adversely affect (NLAA) the Wood Stork (Mycteria americana), Eastern Indigo Snake (Drymarchon corais couperi), and the Florida Bonneted Bat (Eumops floridanus) and the Florida Bonneted Bat proposed designated critical habitat (Unit 1).  The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

The Corps has determined the proposal would have no effect on the Florida Scrub-Jay (Aphelocoma coerulescens), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), and Audubon’s Crested Caracara (Caracara cheriway).

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 in the Gulf of Mexico. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

Navigation:  This project will have no effect on navigation.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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 regarding the proposed mitigation bank should be submitted in writing to the District Engineer at the address below within 30 days from the date of this notice.

The initial evaluation pertaining to whether or not this mitigation bank proposal has the potential for providing compensatory mitigation for activities authorized by issued Department of the Army permits will be based on the information contained in the prospectus, received from this public notice and obtained during an inspection of the project site. 

If you have any questions concerning this proposed mitigation bank modification, you may contact Mr. Ryan Hendren by electronic mail at Ryan.G.Hendren@usace.army.mil, by telephone at 813-769-7075 or at the following address:

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

10117 PRINCESS PALM AVENUE, SUITE 120

TAMPA, FLORIDA 33610-8302

IMPACT ON NATURAL RESOURCES:  Preliminary review of this application indicates that an Environmental Impact Statement will not be required.  Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.  By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

EVALUATION:  After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by Department of the Army permits.  That determination 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.  Factors relevant to the proposal will be considered including 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.

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 proposed activity.  All comments received will be considered by the Corps during the formulation of the initial determination of potential for the proposed activity.