SAJ-2020-03075 (MIT-SCW)

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:

WATERWAY AND LOCATION:  The proposed project, identified Otter Sink Mitigation Bank (OSMB), is a proposed wetland mitigation bank.  The project site is located within Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35 of Township 12 South, and Range 12 East, Dixie County, Florida.

PROSPECTUS SUMMARY:  Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the OSMB 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 “Otter Sink 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 Prospectus Documents folder to access the prospectus associated with the OSMB 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 project goals are to provide additional, improved, and more diverse habitat for resident and migratory wildlife, maximize ecological value of the project site, and restore and improve natural vegetative and hydrologic conditions in the on-site communities.  The project objectives include rehabilitation and enhancement of vegetative communities via invasive and nuisance species management, hydrologic improvements, and establishment of upland buffers.

ECOLOGICAL SUITABILITY OF THE SITE: A review of available information indicates that the project sites historically consisted of the following conditions. Several intact wetland systems were negatively impacted by silviculture modifying the historic community types found within OSMB. Ditches and drainage systems were constructed to facilitate the movement of water quickly and efficiently from the site. Existing wetland systems have clear evidence of bedding rows and lack of significant canopy elements. OSMB will seek to restore historic hydrological flows and community types of pre-silvicultural conditions.

ESTABLISHMENT AND OPERATION OF THE BANK:  The proposed OSMB would be established and operated by Otter Sink, LLC as the Sponsor with the assistance of SES Environmental Resource Solutions, LLC.  The property that comprises the OSMB is owned by Anderson Land & Timber Co.  The OSMB is proposed to be established as a wetland mitigation bank.  Following OSMB successful implementation and attainment of final success criteria, long-term management activities will be implemented in order to ensure the sustainability of OSMB.  In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed OSMB.

PROPOSED SERVICE AREA:  The project is located within the Suwannee River and Coastal River Subbasins identified as Hydrologic Unit Codes (HUC) 03110205 and 03110102, respectively.  The Applicant proposes a Mitigation Service Area (MSA) that is coincident with the lands within the OSMB property.  The OSMB MSA is anticipated to include mesic flatwoods, wet flatwoods, basin swamp, hydric hammock and cypress communities that could reasonably be expected to occur on the OSMB.

CULTURAL RESOURCES:  The Corps is 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 would have no effect on any 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.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico.  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.

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, Shannon White, in writing at the Mitigation Programs Team, P.O. Box 4970, Jacksonville, FL  32232-0019; by electronic mail at shannon.c.white@usace.army.mil; or by telephone at (904) 613-1763.

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.