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

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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.

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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.

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SAJ-2008-04121 (VG)

Posted: 2/5/2018

Expiration date: 3/7/2018


TO WHOM IT MAY CONCERN: This district has received a complete modification request proposing the modification of an existing mitigation bank pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT:  Star 4 Mitigation, LLC.
                       Messrs. Ronald H. Foster, Sr. and H. Bobby Cothren
                       4300 County Rd. 208
                       St. Augustine, FL 32092

LOCATION: The 950.54-acre Star 4 Mitigation Bank (S4MB) is located in the headwaters and wetlands that are contiguous and/or adjacent to Turnbull Creek. Turnbull Creek flows into Six Mile Creek, which eventually drains into the St. Johns River. The S4MB is part of an approximately 1,800-acre undeveloped parent tract of land located north of Country Road 208 and west of State Road 16. More specifically, the S4MB is located in Sections 34, 35, and 47, Township 6 south, Range 28 east and in Sections 2, 3, 10, 11, and 42, Township 7 south, Range 28 east; in St. Johns County, near St. Augustine, Florida.

APPROXIMATE CENTRAL COORDINATES:  Latitude: 29.923480 °
                                                                          Longitude: -81.455483 °

MODIFICATION SUMMARY: This Public Notice is issued to advertise the requested revisions to the final Mitigation Banking Instrument (MBI) approved by the Corps on November 15, 2012. Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the S4MB 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: https://ribits.usace.army.mil.

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 “Star 4 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 MODIFICATION folder to access the MBI Modifications associated with the project.

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: The proposed MBI Modification includes the removal of approximately 14.95 acres of land located within the S4MB boundaries to allow for the future construction of County Road 2209. These lands entail approximately 10.37 acres of uplands and 4.58 acres of wetlands. The proposed modification would result in changes to the recorded conservation easement and potential changes to S4MB’s total credit generation. The IRT will re-assess the areas to be impacted by the proposed land removal. Based on a recent meeting held with St. Johns County (County) representatives, several road alignments have been considered over the last decade to meet the County’s growth demands; however, those alternatives would have ultimately impacted significant acreage of mitigation bank lands located in the vicinity. More specifically, the original planned alignment would have required significant impacts to Town Branch Mitigation Bank and Tupelo Mitigation Bank. Therefore, in order to avoid such considerable impacts and bisecting the existing banks, the county relocated the road’s planned alignment. The proposed modification only entails removal of the lands in anticipation of a future road construction. A separate Public Notice will be prepared upon the County’s submittal of a Department of the Army permit application for any impacts associated with the construction of the roadway. At this time, the County does not have an estimated timetable for subject application submittal.

Additionally, the Sponsor is proposing minor adjustments to some of the success criteria to account for some variation in certain parameter ranges. More specifically, the assessment areas in question (W4- W6, and W7) are exhibiting natural wetland values and functions at levels “outside” of those allowed within the approved success criteria, whether these levels be higher or lower. On the other hand, a portion of assessment area W9 appears to be growing favorably but trending away from the originally proposed target community. The Sponsor is proposing to reclassify those portions of W9 to better capture the target communities.

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 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 project, you may contact Ms. Vivian Gerena by electronic mail at Vivian.Gerena@usace.army.mil, by fax at 904-232-1904, or by telephone at 904-232-2209 or at the following address:

DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P. O. BOX 4970
JACKSONVILLE, FLORIDA 32232-0019

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 project 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 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.

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.

Jacksonville District mitigation bank public notice St Johns County U.S. Army Corps of Egineers (USACE) USACE