Public Notice Notifications

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SAJ-2010-00205 (SCW)

USACE - Regulatory
Published April 30, 2021
Expiration date: 5/30/2021

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:  The Nature Conservancy
                       Lindsay Stevens
                       2700 Scrub Jay Trail
                       Kissimmee, Florida 34759

LOCATION: The proposed project, identified as the 2,057-acre Hatchineha Ranch Mitigation Bank (HTRMB), is located west of Lake Hatchineha, bordering the Allen David Broussard Catfish Creek Preserve State Park and Everglades Headwaters National Wildlife Refuge and Conservation Area, within Sections 25, and 36 of Township 28 south, and Range 28 east, within Sections 30 and 31 of Township 28 south, and Range 29 south, and within Sections 1 and 6 of Township 29 south, Range 28 east, Polk County, Florida.

APPROXIMATE CENTRAL COORDINATES:  Latitude: 28.005080°
                                                                          Longitude: -81.464071°

PROSPECTUS SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the HTRMB 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 “Hatchineha Ranch 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 HTRMB 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 wetlands on 903 acres within the 2,057-acre property. The primary ecological goal of the HTRMB is to restore historic hydrologic regimes, improve natural vegetation communities and habitat for federally-listed species. Specific restoration objectives include:

• enhancement of approximately 22.7 acres of hydric hammock (Assessment Area 5E)
• enhancement of approximately 738.6 acres of cutthroat grass flatwoods (Assessment Area 6)
• enhancement of approximately 141.3 acres of wet prairie (Assessment Area 9E)

ECOLOGICAL SUITABILITY OF THE SITE: The mitigation bank proposed in this prospectus is currently permitted through the South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) No. 53-00003-M (Application No. 140509-6). The ERP was originally approved in 2010 and subsequently modified in March 2015 to the current size and configuration of ±2,057 acres. The proposed HAMB would comprise the same boundary and total acreage as the SFWMD ERP; however, the scope of mitigation would apply to ±903 acres of the total site which have not received any performance-based credit releases to date and can generate ecological lift beyond what is currently permitted by SFWMD.

A review of available information indicates that the proposed HTRMB site historically consisted of forested wetlands, freshwater marshes, open water, and uplands. Past activities on the HTRMB include logging, cattle grazing, and sod farming. Currently the proposed HTRMB supports improved and unimproved pastures, shrub and brushlands, mesic pine flatwoods, bay swamps, mixed wetland hardwoods, hydric pine flatwoods, freshwater marshes, and wet prairies. The proposed HTRMB is bordered to the west by the Everglades Headwaters National Wildlife Refuge and Conservation Area and the Allen David Broussard Catfish Creek Preserve State Park to the south. According to information provided by the applicant, the proposed HTRMB was selected because of the location in the Upper Kissimmee River watershed and proximity to surrounding conservation lands. Additionally, the applicant stated that the proposed project would enhance landscape connectivity within the network of conservation lands, benefitting local wildlife species through on-site habitat improvements and enhanced movement corridors between conservation lands.

ESTABLISHMENT AND OPERATION OF THE BANK: The proposed HTRMB would be established and operated by The Nature Conservancy as the Sponsor with the assistance of Environmental Consulting & Design, Inc. The property that comprises the HTRMB is owned by The Nature Conservancy. The HTRMB is proposed to be established as a single and complete project. Following HTRMB successful implementation and attainment of final success criteria, long-term management activities will be implemented to ensure the sustainability of HRTMB. In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed HTRMB.

PROPOSED SERVICE AREA: The project is located within the Catfish Creek and Lake Hatchineha Subwatersheds, identified as Hydrologic Unit Code (HUC) 030901010702 and 030901010804, respectively which is part of the larger Kissimmee Subbasin (HUC 03090101). The Applicant proposes a Mitigation Service Area (MSA) that is coincident with the SFWMD Upper Kissimmee River Watershed. The SFWMD Upper Kissimmee River Watershed extends beyond the Kissimmee Subbasin (HUC 03090101). The HTRMB MSA is anticipated to include wetland habitat communities that could reasonably be expected to occur on the HTRMB.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties 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 Corps has determined the proposal may affect the Florida Bonneted bat (Eumops floridanus), Florida panther (Puma concolor coryi), Audubon’s Crested caracara (Polyborus plancus audubonii), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub-jay (Aphelocoma coerulescens), Red-cockaded woodpecker (Picoides borealis), Wood stork (Mycteria americana), Bluetail mole skink (Eumeces egregious lividus), and Sand skink (Neoseps reynoldsi) or its designated critical habitat. The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.

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 Atlantic Ocean. 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.

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 Mrs. Shannon White by electronic mail at shannon.c.white@usace.army.mil, by fax at 904-232-1904, or by telephone at 904-232-1681 or at the following address:

DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P. O. BOX 4970
JACKSONVILLE, FLORIDA 32232-0019

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.