Public Notice Notifications

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SAJ-2021-02802 (DLI)

Jacksonville District
Published Nov. 29, 2021
Expiration date: 12/29/2021

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/SPONSOR:   Carter-Marion 211 NE 46th Street Land Trust

                                            Mr. Daryl Carter

                                            3333 S. Orange Ave., Suite 200

                                           Orlando, Florida 32806

LOCATION:  The proposed project, identified as the 209-acre Ocklawaha Mitigation Bank (OMB), is located within in Section 36, Township 14 south, Range 23 east, and Sections 30 and 31, Township 14 south, Range 24 east, in Marion County, Florida.

APPROXIMATE CENTRAL COORDINATES:         Latitude:                29.236798°

                                                                                 Longitude:           -81.932964°

PROSPECTUS SUMMARY:  Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the OMB 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 “Ocklawaha 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 OMB 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, rehabilitate, re-establish, and protect wetlands and uplands on the 209-acre property.  The goal of the OMB is to support wetlands, wetland functions, plant communities, and wildlife habitats through the implementation of hydrologic enhancements, and habitat rehabilitation and re-establishment in a variety of ecotypes. Specific restoration objectives include:

enhancement of approximately 49.67 acres of basin swamp wetlands

rehabilitation of approximately 41.25 acres of basin swamp wetlands

rehabilitation of approximately 67.57 acres of wet flatwoods

re-establishment of approximately 2.39 acres of wet flatwoods

enhancement of approximately 0.31 acres of freshwater marsh

rehabilitation of approximately 36.89 acres of mesic flatwood uplands

rehabilitation of approximately 8.69 acres of scrubby flatwood uplands

ECOLOGICAL SUITABILITY OF THE SITE:  A review of available information indicates that the property historically consisted of basin swamp, wet pine flatwoods, and mesic pine flatwood communities.  Land clearing in preparation of silvicultural activities in areas within the boundaries of the proposed OMB is visible on aerial photographs beginning in the late 1950s.  The Sponsor states that the OMB has been identified as an excellent potential mitigation bank because of its location in the Ocklawaha River basin and proximity to the Ocala National Forest. The proposed OMB would provide quality habitat and connectivity for native species in an area.

ESTABLISHMENT AND OPERATION OF THE BANK:  The proposed OMB would be established by Carter-Marion 211 NE 46th Street Land Trust (CMLT) as the Sponsor with the assistance of TerraBlue Environmental, LLC.  The Sponsor, and/or it’s successors would be the responsible entity for long-term ownership and management. The property that comprises the OMB is owned by CMLT.  The OMB is proposed to be established as a single and complete project.  Upon successful implementation of the proposed mitigation activities and attainment of final success criteria, long-term management activities will be implemented to ensure the sustainability of OMB.  In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed OMB. A conservation easement would be placed over the OMB for site protection.

PROPOSED SERVICE AREA:  The project is located within the Ocklawaha River watershed, identified as Hydrologic Unit Code (HUC) 0308010208 which is part of the larger Ocklawaha Subbasin (HUC 03080102).  The Applicant proposes a Mitigation Service Area (MSA) that is coincident with the Ockalawaha Subbasin.  The OMB MSA is anticipated to include wetland habitat communities that could reasonably be expected to occur on the OMB.

CULTURAL RESOURCES:  The Corps is not 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 Ocklawaha River or the Atlantic Ocean.  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.

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.

AUTHORIZATION FROM OTHER AGENCIES:  Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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.

The initial evaluation pertaining to whether or not this mitigation bank proposal has the potential for providing compensatory mitigation for activities authorized by issued Department of the Army permits will be based on the information contained in the prospectus, received in response to this public notice, and obtained during an inspection of the project site. 

If you have any questions concerning this proposed project, you may contact Daniel Irick by electronic mail at, by fax at 850-433-8160, or by telephone at 850-433-8860 or at the following address:





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.

Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972, as appropriate.  

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.