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SAJ-2023-01487(JKA

USACE Jacksonville District, Regulatory Division
Published Nov. 8, 2023
Expiration date: 12/8/2023
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:

SPONSOR: H3 Pasco, LLC
Attention: Jack Vogel
4703 NW 53rd Avenue, Suite B-2
Gainesville, Florida 32653

WATERWAY AND LOCATION: The proposed project, identified as the Hillsborough River Mitigation Bank, Phase 3 (HRMBPH3) is a proposed 312.3 acre wetland mitigation bank. The project site is located on the Southern border of the existing Hillsborough River Mitigation Bank (SAJ-2009-01194), specifically located off Old Pasco Road, directly west of I-75, in Section 29 and 30, Township 25 South, Range 20 East, near Wesley Chapel and San Antonio, Pasco County, Florida.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.282936°
Longitude: -82.346961°

PROSPECTUS SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the HRMBPH3 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 “Hillsborough River MB Phase 3” 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 HRMBPH3 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: According to the Prospectus, the Sponsor seeks authorization to preserve 13.1 acres and enhance 272.2 acres of wetlands located on site within the 312.3 acres site. Specific objectives include:
• Preserve 8.9 acres of wet prairie (MIT1- not credit generating);
• Preserve 4.2 acres of wet prairie (MIT2- not credit generating);
• Enhance 61.8 acres of hydric hammock (HE1 and HE2) through invasive species removal;
• Enhance 72.8 acres of freshwater marsh (FME1, FME2, and FME3) through invasive and nuisance species removal, and willow thinning, creek shoreline stabilization planting, and planting of appropriate marsh vegetation;
• Enhance 129.5 acres of bottomland forests (BFE) through invasive species removal, creek shoreline stabilization planting and replacement of a damaged culvert with a low water crossing (LWC);
• Enhance 8.1 acres of basin swamp (BSE) through invasive species removal, creek shoreline stabilization planting and willow thinning;
• Enhance 26.6 acres of mixed upland hardwoods (UE1 and UE2) through invasive and nuisance species removal and planting of native bunch grasses.

ECOLOGICAL SUITABILITY OF THE SITE: A review of available information indicates that the project sites historically consisted of undisturbed forested wetlands. In the early 1950s the site was subject to clearing for agricultural activities. In the 1970s and 1980s the parcels adjacent to the site began to be developed for residential and community, including the installation of an adjacent well field that has impacted the hydrology of the site with draw downs of the water table. Currently, over 90% of the HRMBPH3 is comprised of wetland communities, which include hydric hammocks, bottomland forests, basin swamp, and freshwater marshes. HRMBP3 is currently characterized by a series of degraded wetlands. The proposed project site contains invasive exotic/nuisance vegetation at varying densities throughout the headwaters of Cypress Creek. Hydrologic improvements are proposed with the installation of a low water crossing to replace an existing failed culvert.

ESTABLISHMENT AND OPERATION OF THE BANK: The proposed HRMBPH3 would be established and operated by H3 Pasco, LLC as the Sponsor with the assistance of Ecological Consulting and Design. The property that comprises the HRMBPH3 is owned by the District School Board of Pasco County. The HRMBPH3 is proposed to be established as a wetland mitigation bank. Following HRMBPH3 successful implementation and attainment of final success criteria, long-term management activities will be implemented in order to ensure the sustainability of HRMBPH3. In addition, the Sponsor will provide sufficient financial assurances to ensure construction and operation of the proposed HRMBPH3. The long-term steward is the District School Board of Pasco County and they will be responsible to maintain the site in perpetuity and provide sufficient financial assurances for the long term management.

PROPOSED SERVICE AREA: The HRMBPH3 proposed service area is the entire Hillsborough River Basin identified as Hydrologic Unit Code 03100205.

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 Eastern indigo snake (Drymarchon couperi), and the wood stork (Mycteria americana). The Corps will request initiation consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.

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. No EFH is located within, or areas affected by the project. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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. The jurisdictional line has not been verified by Corps personnel.

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.

QUESTIONS concerning this application should be directed to the project manager, Jerilyn Ashworth, in writing at the Mitigation Programs Team, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; or, by telephone at (561) 545-3171.

IMPACT ON NATURAL RESOURCES: 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.

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.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

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.