Public Notice Notifications

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SAJ-2009-01194 (VG)

Published June 4, 2018
Expiration date: 7/4/2018
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:

                                          Hillsborough River Mitigation Bank LLC
                                          1005 Edgewater Drive
                                          Orlando, Florida 32804

LOCATION: The 1,109-acre Hillsborough River Mitigation Bank (HRMB) is located west of I-75 and south of State Road 52 in Sections 12, 13, 24 and 25 of Township 25 South, Range 19 East; Section 18, Township 25 south, Range 20 East, in the central portion of Pasco County, Florida. The proposed HRMB expansion (also referred to as the “Southeast Property”) is comprised of approximately 276 acres located on the south east side of HRMB within Section 30, Township 25 South, and Range 20 East. The HRMB project site is located approximately 1 mile west of I‐75, south of State Road 52, north and west of Saddlewood Subdvision, Wesley Chapel, Pasco County, Florida.

                                                                          Longitude: -82.353766°

MODIFICATION SUMMARY:  This Public Notice is issued to advertise the requested revisions to the final Mitigation Banking Instrument (MBI) approved by the Corps on July 15, 2014. Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the HRMB MBI Modification online so that it is available for review by the public. The MBI Modification may be downloaded from the Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) at web address:

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 “Hillsborough River 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 MODIFICATION folder to access the MBI Modifications associated with the project.

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

MODIFICATION GOALS AND OBJECTIVES: The proposed MBI Modification includes the expansion of approximately 276 acres of lands adjacent to and southeast of the existing bank property. Current vegetative communities within the proposed expansion lands include freshwater marsh, bottomland hardwood swamps, cypress, mixed wetland hardwoods (hydric hammock), and temperate hardwoods (mesic hammock). The proposed modification would result in changes to HRMB’s original assessment areas, through the inclusion of six additional enhancement areas. A new conservation easement would be recorded for the new expansion area. Furthermore, additional financial assurance mechanisms would be executed to provide sufficient funding to ensure construction/implementation and long-term management of the proposed expansion area. Proposed management efforts for the six new enhancement assessment areas will include invasive and nuisance species treatments in all enhancement areas and herbaceous plantings along the creek and in areas with extremely high coverage of invasives. The IRT will assess these additional enhancement areas to determine the corresponding ecological lift that would result from the inclusion of this proposed area.

Additionally, the Sponsor is proposing minor adjustments to some of the success criteria for certain assessment areas located within the original HRMB boundaries to account for some onsite variation in certain parameters/community types. In addition, the Sponsor is proposing reclassification of existing AA-5 is proposed to account for microtopography and clusters of mature trees in this community type. This proposed change would ensure consistency with the Southwest Florida Water Management District permit. In addition to these changes, the Sponsor is proposing to slightly modify the current prescribed fire plan to include only the mesic flatwood and pine-mesic oak communities, which are located in the north and south properties of the existing HRMB. These pine communities will burn on a regular interval and carry the fire into adjacent wet prairies if conditions allow. The freshwater marshes are no longer proposed for burning due to the high risk of peat fires in these areas.

MTIGATION SERVICE AREA (MSA): The Sponsor is not proposing any changes to originally approved MSA. The approved MSA includes the Hillsborough River (03100205) 8-digit Hydrologic Unit Code, as delineated by U.S. Geological Survey.

CULTURAL RESOURCES: The State Division of Historical Resources (DHR) has been contacted with respect to “Master File” identification of archaeological site material presence. If archaeological resources are identified by DHR or are found within the proposed HRMB expansion area, provisions will be made in the work plan to ensure that the site receives protection according to the DHR recommendations. Project review will include coordination with DHR and review of the site for potential cultural resources.

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): The project proposal will be coordinated with the pertinent federal agencies to minimize the risk for any potential impact to EFH.

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.

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.

If you have any questions concerning this proposed project, you may contact Ms. Vivian Gerena by electronic mail at, by fax at 904-232-1904, or by telephone at 904-232-2209 or at the following address:

P. O. BOX 4970

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.

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.