Public Notice Notifications

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Published July 2, 2020
Expiration date: 8/2/2020

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

APPLICANT:  Crooked River Mitigation Holdings LLC
                       c/o Eco-Capital Advisors, LLC
                       3414 Peachtree Road, Suite 990
                       Atlanta, Georgia 30326

LOCATION: The proposed project, identified as the 120.3-acre Crooked River Mitigation Bank Phase 2 (CRMBP2), is located south of Polk City Road adjoining the Crooked River Mitigation Bank, the southern boundary of the Osprey Unit of the Hilochee Wildlife Management Area, the western boundary of the Southwest Florida Water Management District’s Lake Lowry Marsh within Sections 9 of Township 27 south, and Range 26 east, Polk County, Florida.

                                                                          Longitude: -81.712275°W

PROSPECTUS SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the CRMBP2 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:

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 “Crooked River MB Phase 2” 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 CRMBP2 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 restore by rehabilitation, enhance, preserve and protect wetlands and uplands on the 120.3-acre property. The primary ecological goal of the CRMBP2 is to restore and permanently protect the degraded plant communities and ecological processes of the site, including wildlife habitat and hydrologic processes influenced by vegetation, while increasing wetland and floodplain functions and services within the headwaters of the Withlacoochee River and the Green Swamp Area of Critical State Concern in the Withlacoochee River watershed. Specific restoration objectives include:

• Restoration by rehabilitation of approximately 66.92 acres of cypress approximately
• restoration by rehabilitation of approximately 3.13 acres of hydric pine flatwoods
• enhancement of approximately 50.25 acres of freshwater marsh

ECOLOGICAL SUITABILITY OF THE SITE: A review of available information indicates that the property historically consisted of cypress, hydric pine flatwoods, and freshwater marsh.

ESTABLISHMENT AND OPERATION OF THE BANK: The proposed CRMBP2 would be established and operated by Crooked River Mitigation Holdings LLC as the Sponsor with the assistance GreenSource Environmental Professionals, Inc. The property that comprises the CRMBP2 is owned by Crooked River Mitigation Holdings LLC. The CRMBP2 is proposed to be established as a single and complete project. Following CRMBP2 successful implementation and attainment of final success criteria, long-term management activities will be implemented in order to ensure the sustainability of CRMBP2. In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed CRMBP2.

PROPOSED SERVICE AREA: The project is located within the Withlacoochee River Subwatershed, identified as Hydrologic Unit Code (HUC) 031002089800 which is part of the larger Withlacoochee River, South Subbasin (HUC 03100208). The Applicant proposes a Mitigation Service Area (MSA) that is coincident with the Withlacoochee River, South Subbasin. The CRMBP2 MSA is anticipated to include wetland habitat communities that could reasonably be expected to occur on the CRMBP2.

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 CRMBP2, provisions will be made in the mitigation 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.

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 project, you may contact Mr. Tom Mings by electronic mail at, by fax at 904-232-1904, or by telephone at 904-232-3094 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.