Public Notice Notifications

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SAJ-2010-02183 (SJC)

Published July 14, 2021
Expiration date: 8/14/2021

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:

APPLICANT:  Earthmark Southwest Florida Mitigation, LLC
                       c/o Greenfield Partners
                       PO Box 621990
                       Oviedo, FL 32762

LOCATION: The project site, known as Big Cypress Mitigation Bank Phase VI (BCMB-VI), is located approximately 12 miles northeast of the intersection of Interstate 75 and State Road 29, adjacent to the Hendry County – Collier County border, in Sections 30 and 31, Township 48 South, Range 32 East, Hendry County, Florida.

           (Centroid):                     Latitude: 26.275280°
                                                   Longitude: -81.164149°

BACKGROUND: This Public Notice is issued to advertise requested revisions to the final Mitigation Banking Instrument (MBI) approved on October 16, 2003. The proposed modifications/revisions are intended to address deficiencies in bank performance and include items such as changes to the work plan (assessment area configurations, additional planting, additional hydrologic enhancement structures, grading), maintenance plan, monitoring plan, performance standards, credit release schedule, and updates to financial assurances.

Because of the numerous changes a full copy of the proposed BCMB-VI modification is available for review on the Regulatory In lieu fee and Bank Information Tracking System web site (RIBITS) at the following web address:

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 “Big Cypress MB, Phase VI.” After being redirected to the BCMB-VI 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 “20210429 BCMB Ph 6 MBI Mod” to view the documents associated with this modification request. Additionally, the original MBI is available for review in the Cyber Repository as well.

CULTURAL RESOURCES: The Corps required an archaeological survey for the project area which was completed in June 2019 in accordance with Chapters 1a-46, Florida Administrative Code and with Federal regulation 36 CFR 800: Protection of Historic Properties. As a result of the intensive historical analysis and field survey, no new archaeological sites were identified. The investigators note that the extensive agricultural history of the project area, which has caused intensive ground disturbances and land modifications, has destroyed upland locations that would have been suitable locations for additional archaeological sites. The Corps reviewed the report and found the report complete and the field work appropriate and sufficient and have determined that the project will have No Effect to Historic Properties. The Corps will consult on this determination with the Florida State Historic Preservation Officer and with appropriate Federally recognized Tribes prior completion of the Section 106 process.

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): 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. 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 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. Steven Currie in writing at the Corps of Engineers, Jacksonville District, North Permits Section, Mitigation Review Team, P.O. Box 4970, Jacksonville, Florida 32232-0019, by electronic mail at, or by telephone at 904-232-3701.