Public Notice Notifications

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Published June 7, 2017
Expiration date: 7/6/2017
TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a proposal to modify a mitigation banking instrument (MBI), pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below

APPLICANT:  Ms. Beth Breeding
                       Town Branch Mitigation Bank, LLC
                       10175 Fortune Parkway, Ste. 1005
                       Jacksonville, FL 32256

LOCATION: The project identified as the 432-acre Town Branch Mitigation Bank (TBRMB) is located south of County Road 208 and approximately 9.8 miles west of St. Augustine, within Sections 10 and 16 of Township 7 south, and Range 28 east, St. Johns County, Florida.

                                                                          Longitude: -81.478414°

PROPOSED MODIFICATION SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the approved MBI for the TBRMB and the proposed modification online so that it is available for review by the public. The approved TBRMB MBI and proposed MBI modification 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 “Town Branch” link. On this page, click on the "Cyber Repository" link located on the menu bar above the General Information description, then click on the Modification folder to access the proposed MBI modification documents associated with the TBRMB 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.

PROJECT GOALS AND OBJECTIVES: The objective of the proposed modification is to address a portion of the target community identified as the Wet Pine Savannah in the southwest section of the TBRMB site. Based on the information provided, a portion of the 149.11 acres (approximately 90 acres) of harvested wet pine plantation (W-2) initially proposed for enhancement to Wet Pine Savannah would be more accurately targeted as Mixed Wetland Hardwoods.

The above-described area has been growing favorably but trending away from the originally proposed target community. More specifically, this area continues to demonstrate a substantial and diverse trend toward a mixed hardwood, cypress, and pine community. Only pond pine and longleaf pine were planted within this area, as per requirements of the approved MBI; however, despite several adaptive management efforts, the increased recruitment of diverse hardwoods and cypress trends away from the originally proposed wet pine savannah. Therefore, proposed modification proposes to re-classify the community of these 90 acres to a more appropriate Mixed Wetland Hardwoods target community.

The 90 acre area would be subject to a different management regime as well. This area would be protected from periodic prescribed burning to allow for a natural succession of broadleaf vegetation. Additionally, pine trees, although a natural inclusion within this community type, will be reduced and/or controlled to a ≤20% coverage within the community.

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 instrument 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 MBI modification, you may contact Vivian Gerena by electronic mail at, by fax at 904-232-1904, or by telephone at 904-232-2209 or at the following address:

P. O. BOX 4970

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 proposed service area modification 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 service area modification to continue 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 modification 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 modification.

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.