Public Notice Notifications

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Jacksonville District
Published Jan. 11, 2022
Expiration date: 2/9/2022

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

SPONSOR:                         Mr. Dennis Benbow

                                            Hillsborough River Mitigation Bank, LLC           

                                           1005 Edgewater Drive

                                            Orlando, Florida 32804

LOCATION:  The 1,109-acre Hillsborough River Mitigation Bank (HBRMB) 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. 

APPROXIMATE CENTRAL COORDINATES:         Latitude:     28.295235°

                                                                                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 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 & Sites" link located in the upper left side of the page. From the list provided select “Hillsborough River MB.” After being redirected to the Hillsborough River MB 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 “MBI Modification” to expand the folder and click on “20210616-HBRMB_MBI_Mod_Revised_Package.pdf” to view the documents associated with this modification request. Additionally, the originally approved MBI is available for review in the Cyber Repository as well.

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: As proposed, this modification aims to address inconsistencies between the previous state and federal authorizations for the HBRMB and provide revised Success Criteria in better alignment with the mitigation activity targets throughout the bank. Adjustments to various components of the Work Plan (including Prescribed Fire Plan, Planting, and Hydrological Control Structures), Credit Release Schedule, Financial Assurances, and Monitoring Plan are also proposed. Finally, reclassification of Assessment Area 5 (AA-5) from Freshwater Marsh with Shrubs to Freshwater Marsh with Tree Islands is proposed to ensure consistency with Southwest Florida Water Management District’s Environmental Resource Permit No. 43034658.033.

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. This basin is within portions of Hillsborough, Pasco, and Polk Counties. Specifically, the MSA boundary stretches from State Road 52, west to U.S. Highway 41 and the City of Tampa, east to U.S. Highway 98 and the western portion of the City of Lakeland, to Interstate 4.

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 site will be reviewed for potential effects to critical habitat and federally threatened and endangered species. The effects 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 in the Hillsborough River or Tampa Bay.  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 Sponsor.  This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.

COMMENTS: Comments regarding the proposed mitigation bank 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 mitigation bank modification, you may contact Mr. Ryan Hendren by electronic mail at, by telephone at 813-769-7075 or at the following address:




TAMPA, FLORIDA 33610-8302

IMPACT ON NATURAL RESOURCES:  Preliminary review of this proposal 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:  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.  After the end of the comment period, the district engineer will compile all comments received to the Sponsor for detailed responses.  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.

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.