Public Notice Notifications

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SAJ-1993-00370 (TSM)

USACE - Regulatory
Published Oct. 5, 2021
Expiration date: 11/5/2021

TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a proposal to modify the approved Mitigation Bank Instrument (MBI) for the Florida Wetlandsbank at Pembroke Pines Mitigation Bank. The Florida Wetlandsbank at Pembroke Pines Mitigation Bank (FWPPMB) was established as a mitigation bank on July 29, 1993. The current proposal is a modification of the mitigation service area (MSA) of the FWPPMB as described below:

APPLICANT: Robert B. Miller, Chief Executive Officer
                      The Wetlandsbank Company, LLC
                      151 North Nob Hill Road, Suite 458
                      Plantation, FL 33324

LOCATION: The proposed project, identified as the 445.05-acre Florida Wetlandsbank at Pembroke Pines Mitigation Bank (FWPPMB), is located in Pembroke Pines south and west of I-75 between Pines Boulevard and Sheridan Street, in Sections 8 and 17, Township 51 South, Range 40 East, Broward County, Florida. The FWPPMB lies within the Florida Southeast Coast subbasin identified by Hydrologic Unit Code (HUC) 03090206.

                                                                         Longitude: -80.418576 °W

PROPOSED MODIFICATION SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the approved MBI for the FWPPMB and the proposed modification online so that it is available for review by the public. The scope of this proposed modification is limited to the expansion of the FWPPMB MSA. The modification proposal and related documents 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 “Existing 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 “Florida Wetlandsbank at Pembroke Pines 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 “Proposed MBI Modification” folder. to access the modification proposal provided by the sponsor. To access the approved 1993 MBI, click on the “MBI” folder.

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

PROJECT GOALS AND OBJECTIVES: The proposed MSA modification would serve to expand the MSA to improve economic viability of the bank, while also applying bank service area guidance developed by the Corps for Florida banks that includes use of both hydrologic, ecological mapping. The sponsor noted that the proposed FWPPMB MSA modification includes watershed and ecological planning considerations that could help align the bank MSA more closely with national and Jacksonville district guidance on service areas. The bank was originally permitted in 1993 and was developed in coordination with City of Pembroke Pines, the landowner, and Broward County and state agencies. The original Service Area was based on a political boundary, the Broward County line. That MSA approved for FWPPMB in1993, differs from most other MSAs approved for Florida banks. Florida bank MSAs are commonly composites of hydrologic, ecological, and physiographic map boundaries or units, with some political, administrative or other boundary considerations added or subtracted - consistent with the 2008 federal mitigation rule (CFR 332.8(d)(6)(ii)(A)).

The Sponsor proposes that FWPPMB MSA be revised to include those areas of the Florida Southeast Coast Subbasin HUC8 subbasin (03020206) that lie within the 76c Miami Ridge/Atlantic Coastal Strip Ecoregion - excluding remaining overt Everglades marsh areas. The overlay of the 76c Coastal Strip Ecoregion and the Florida Southeast Coast Subbasin HUC8 contains two distinct habitat systems, the coastal ridge areas, and the marsh areas of the Everglades. The coastal ridge areas of the Florida Southeast Coast HUC8/Ecoregion intersect forms the basis for the Sponsor’s proposed amended service area. Habitats restored, enhanced, and/or created at FWPPMB serve to offset losses of similar habitats common to the coastal ridge portions of 76c Miami Ridge/Atlantic Coastal Strip ecoregion.

CURRENT SERVICE AREA: The current MSA includes all of Broward County, Florida. Portions of HUC 03090202 and HUC 03090206 are included within that Broward County MSA.

PROPOSED MODIFICATION OF SERVICE AREA: The proposed MSA would be revised to include those portions of the Florida Southeast Coast Subbasin HUC8 03090206 that are coastal ridge areas within the EPA’s 76c Miami Ridge/Atlantic Coastal Strip Level 4 Ecoregion (Everglades marshes excluded).

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 instrument modification 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 MBI modification, 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 proposed service area modification 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 service area modification to continue 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 modification 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 modification.

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.