Public Notice Notifications

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SAJ-2017-01301 (ADT)

Published June 22, 2017
Expiration date: 7/23/2017

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:

APPLICANT:  Consolidated-Tomoka Land Co.
                       1530 Cornerstone Blvd., Suite 100
                       Daytona Beach, Florida 32120

LOCATION: The proposed project, identified as the Tiger Bay Mitigation Bank (TIBMB), consists of approximately 2,493 acres. The project is located north of West International Speedway, east of Rima Ridge Road, south of State Road 40 and west of Interstate 95, in Sections 33 and 34, Township 14 south, Range 31 east, in Sections 1, 2, 11, 12, 13, and 24, Township 15 south, Range 31 east, and in Sections 7, 18, 19, and 30, Township 15 south, Range 32 east, Volusia County, Florida.

APPROXIMATE CENTRAL COORDINATES:  Latitude: 29.2092079 °N
                                                                          Longitude: 81.147712 °W

PROSPECTUS SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the TIBMB 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.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 Tiger Bay 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 folder to access the prospectus associated with the 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 applicant seeks authorization to enhance, restore, preserve and protect forested wetlands on the 2,493-acre property. The primary ecological goals of the TIBMB are to improve ecological function of existing habitats with the restoration of forested wetlands and uplands through the elimination of silviculture practices, hydrologic enhancement activities, natural wetland habitat restoration, and habitat management such as prescribed burning. The proposed restoration, enhancement and preservation activities will result in target communities including: mesic flatwoods, bottomland forest, wet flatwoods, dome swamp, strand swamp, basin swamp, and depression marsh. Specific restoration objectives include:

• Preservation of valuable wetland and upland habitats in perpetuity under conservation easement;
• Elimination of recurrent silvicultural activities;
• Restoration of natural topography where silviculture has introduced disturbances;
• Thinning of overly-dense pine plantations in both wetland and upland communities;
• Installation of control structures and low water crossings in lieu of culverts and ditching to restore a natural hydrologic regime across the site;
• Planting of appropriate tree species to restore natural community assemblages;
• Control of nuisance/exotic flora and fauna;
• Management of on-site uses, such as hunting, to be synergistic with the ecological restorations proposed; and,
• Introduction of long-term land management practices, such as prescribed burning, to mimic natural processes and shape the landscape.

ECOLOGICAL SUITABILITY OF THE SITE: A review of available information indicates that the property historically sheet flowed across the low lying areas northwest through Prince Creek towards the Tomoka River.

ESTABLISHMENT AND OPERATION OF THE BANK: The proposed TIBMB would be established and operated by Consolidated-Tomoka Land Co. as the Sponsor with the assistance of Bio-Tech Consulting, Inc. The property that comprises the TIBMB is owned by Consolidated-Tomoka Land Co. The TIBMB is proposed to be established as a single and complete project. Following TIBMB successful implementation and attainment of final success criteria, long-term management activities will be implemented in order to ensure the sustainability of TIBMB. In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed TIBMB.

PROPOSED SERVICE AREA: The proposed project is located within the Daytona-St. Augustine Hydrologic Unit Code (HUC 03080201) subbasin. A single Mitigation Service Area (MSA) is proposed for the TIBMB, covering freshwater credits. The Sponsor proposes a MSA that is coincident with the four 10-digit HUCs within the Daytona-St. Augustine 8-Digit HUC subbasin and one within the Lower St. Johns 8-Digit HUC subbasin (HUC 03080103). These include the Pellicer Creek (HUC 0308020103), Pellicer Creek – Tomoka River Frontal (HUC 0308020104), Tomoka River (HUC 0308020102), Rose Bay – Spruce Creek Frontal (HUC 0308020101), and Haw Creek (HUC 0308010302). The proposed MSA is further reduced to exclude lands on the east side of the Tomoka River, Tolomato River, and Intracoastal waterway. These land areas are excluded in recognition of the differing wetland classifications that predominate the eastern side.

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. Amy Thompson by electronic mail at Amy.D.Thompson@usace.army.mil, by fax at 904-232-1904, or by telephone at 904-232-3974 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.