Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.


USACE Jacksonville District, Regulatory Division
Published Jan. 2, 2024
Expiration date: 2/1/2024
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: Fort Myers Mitigation Bank
Attention: EIP IV, LLC
5550 Newbury Street, Suite B
Baltimore, MD 21209

WATERWAY AND LOCATION: The proposed project, identified as the Fort Myers Mitigation Bank Name (FTMYMB) is a proposed 160.48-acre wetland mitigation bank. The project site is located at north of Cook Brown Road and East of Hughes Black Road, in Section 29, Township 42 South, Range 25 East, Punta Gorda, Charlotte County, Florida.

Latitude: 26.809393°
Longitude: -81.821680°

PROSPECTUS SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the FTMYMB 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:

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 “Fort Myers Mitigation Bank” 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 FTMYMB 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 overall goal of the FTMYMB is to re-establish and rehabilitate the hydrology and community structure of the existing onsite of wet pine flatwoods, wet prairie and freshwater marsh and permanently protect existing 160.48 acres of habitats by placing the site under a site protection instrument.
Specific objectives include:
• Rehabilitate the hydrology and community structure for 73.29 acres of altered wet pine flatwoods.
• Re-establish the natural hydrology and community structure of 1.99 acres of wet pine flatwoods.
• Rehabilitate the natural hydrology and community structure of 74.34 acres of wet prairie.
• Re-establish the natural hydrology and community structure of 1.21 acres of altered wet pine prairie.
• Rehabilitate the natural hydrology and community structure of 9.37 acres of freshwater marsh.
• Re-establish the natural hydrology and community structure of 0.25 acres of freshwater marsh.

ECOLOGICAL SUITABILITY OF THE SITE: The historical pre-disturbance condition of FTMYMB consisted of herbaceous wet prairie wetlands with deeper freshwater marsh inclusions, surrounded by wet pine flatwood forested habitats. Historically, runoff from the site and surrounding habitats would sheet flow from the slightly higher forested wet
pine flatwoods habitats and flow southward through mosaics of wet prairie and
freshwater marsh herbaceous wetlands towards the Caloosahatchee River, San
Carlos Bay, Pine Island Aquatic Preserve and ultimately the Gulf of Mexico. This area was used heavily for logging and cattle ranching in the 1800’s to the present day. Since that time, much of the upgradient offsite upland habitats have been logged and cleared of vegetation, and intense cattle ranching activities and row crop contouring have occurred. Historical logging activities within the wet pine flatwoods and pasture and row crop clearing within the wet prairie, highly disturbed these on-site habitats. Once these activities ceased, lack of management has allowed the overgrowth of inappropriate tree and shrub species, and the invasion of nuisance exotic vegetation. These historical
and on-going influences have caused historic fire patterns to vanish. Additionally,
ditching throughout the site has caused unnatural drainage patterns further altering
the historic hydrologic relationship between wetland habitats. To restore the parcel back to its pre-disturbance condition, the sponsor proposes to cease all agriculture and silviculture activities and to backfill ditches, regrade spoils mounds, manage the site communities with a fire regime, and the removal and management of exotic and nuisance flora and fauna, shrub thinning and planting of native vegetation as needed to restore communities.

ESTABLISHMENT AND OPERATION OF THE BANK: The proposed FTMYMB would be established and operated by EIP IV, LLC (Troy Anderson) as the Sponsor with the assistance of Lisa Cartwright with GreenSource Environmental Professionals, Inc. The property that comprises the FTMYMB is owned by EIP IV FL Myers Land Co., LLC. The FTMYMB is proposed to be established as a wetland mitigation bank. Following FTMYMB successful implementation and attainment of final success criteria, long-term management activities will be implemented in order to ensure the sustainability of FTMYMB. In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed FTMYMB.

PROPOSED SERVICE AREA: The FTMYMB proposed service area is the Caloosahatchee River Watershed, identified as Hydrologic Unit Code (HUC) 03090205 and the South Florida Water Management District Tidal Caloosahatchee River Basin.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. Initial Corps review of the project area indicates that there are no known historic properties documented within the proposed MB boundaries. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. The Corps shall continue identification and assessment review for historic properties and our final determination relative to historic resources may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES: The Corps has determined the proposal may affect the Eastern indigo snake (Drymarchon couperi), the wood stork (Mycteria americana), Florida Panther (Puma concolor coryi), and the Florida Bonneted Bat (Eumops floridanus). 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; 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.