TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army
permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: 5285 Irlo LLC
Mr. Panayes Dikeou
1615 California St, Suite 707
Denver, Colorado, 80202
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Little Cedar Creek. The project site is located at 1658 Owens Road, Jacksonville, in Section 24, Township 1 N, Range, 26 E, Jacksonville, Duval County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30.48976
PROJECT PURPOSE: Basic: Commercial Development
Overall: The applicant identified the overall project purpose of the proposed action is to provide a parking area for the Jacksonville International Airport (JIA).
EXISTING CONDITIONS: The existing on-site aquatic resources include wetland hardwood forests and wetland coniferous plantations with an offsite connection to Little Cedar Creek which is located approximately 30 feet outside of the project site boundaries. The boundaries of aquatic resources on the project site have not yet been verified by the Corps. The subject property is bordered to the north by Owens Road, to the east by a storage yard and undeveloped land and to the south by airport parking facilities and undeveloped land. The project area includes environmental resources and land uses that have been characterized pursuant to Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCCS), as described below:
Uplands:
Pine Mesic Oak (FLUCCS 414), 1.88 acres, this vegetative community consisted primarily of slash pine (Pinus elliottii), live oak (Quercus virginiana), water oak (Q. nigra), laurel oak (Q. laurifolia), sweetgum (Liquidambar styraciflua), saw palmetto (Serenoa repens), gallberry (Ilex glabra), wax myrtle (Morella cerifera), yellow jessamine (Gelsemium sempervirens), and greenbriar (Smilax spp.).
Coniferous Plantations (FLUCCS 441) 16.18 acres, this vegetative community consisted primarily of slash pine, live oak, saw palmetto, gallberry, saltbush (Baccharis halimifolia), wax myrtle, muscadine (Vitis rotundifolia), yellow jessamine, greenbriar, and sawtooth blackberry (Rubus pensilvanicus).
Wetlands:
Wet Coniferous Plantations (FLUCCS 441W) 7.07 acres, this vegetative community consisted primarily of slash pine, gallberry, fetterbush (Lyonia lucida), red maple (Acer rubrum), wax myrtle, and cinnamon fern (Osmundastrum cinnamomeum).
Wetland Hardwood Forests (FLUCCS 610), 13.36 acres, this vegetative community consisted primarily of sweetgum, red maple, water oak, Carolina willow (Salix caroliniana), laurel oak, eastern red cedar (Juniperus virginiana), wax myrtle, slash pine, saltbush, netted chain fern (Woodwardia areolata), cinnamon fern and St. John’s wort (Hypericum sp.).
PROPOSED WORK: The applicant seeks authorization to discharge 12,000 cubic yards of fill into 3.09 acres of waters of the U.S. for the construction of a parking area and two drainage basins associated with the Jacksonville International Airport. The parking area would include installation of suitable gutters and downspouts that drain to the two onsite stormwater detention basins.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“The project has been designed to minimize impacts to jurisdictional wetlands as much as practicable to still have a viable project, which avoids effects and impacts to fish and wildlife. Upland buffers have been proposed around the high-quality wetlands and wherever feasible. Due to the cost of land and cost incurred with construction, the Applicant needs a minimum paved area to create a viable project. The provided site plan has avoided the high-quality wetlands on-site, impacting the outer regions of the lower-quality wetland areas.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: As mitigation for the proposed jurisdictional wetland impacts, the Applicant has proposed to purchase 1.89 Palustrine Forested Mitigation Bank Credits from Loblolly Mitigation Bank
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps has preliminarily determined the proposed project may affect but is not likely to adversely affect the Eastern Indigo Snake. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act. The Corps has preliminary determined the proposal would have no effect on the Wood Stork (Mycteria americana), Red-cockaded Woodpecker (Picoides borealis), Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Whooping Crane (Grus americana), Green Sea Turtle (Chelonia mydas), Hawksbill Sea Turtle (Eretmochelys imbricata), and the Leatherback Sea Turtle (Dermochelys coriacea) or any other listed threatened or endangered species or designated critical habitat.
The action falls within the range for the tricolored bat (Perimyotis subflavus), which is proposed for listing as threatened or endangered or proposed critical habitat for the species. If the tricolored bat is federally listed as threatened or endangered per the Endangered Species Act and the authorized work has not been completed, the Permittee is required to stop work and ask the Corps to re-evaluate the effects of the permitted action on the tri-colored bat, and if needed, complete Section 7 consultation with the United States Fish and Wildlife Service to address potential impacts to the tricolored bat
ESSENTIAL FISH HABITAT (EFH): The project is located within wetlands that are located well inland of waters considered to be EFH; therefore, the Corps initial determination is that the proposed project would not have a substantial adverse impact on EFH. 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.
Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.
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 regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the CA Delta Section, 1325 J Street, Room 860, Sacramento, CA within 21 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Kelley Herbel, in writing to the CA Delta Section, at 1325 J Street, CA, 95816, by electronic mail at kelley.c.herbel@usace.army.mil, or, by telephone at (916)557-7808.
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: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision 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. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are 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.
The US Army Corps of Engineers (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 impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the St. Johns River Water Management District (SJRWMD). The project is being reviewed under SJRWMD Environmental Review Permit (ERP) application no. 182610-3]
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.
CLICK Here for Public Notice and Graphics: /Portals/44/docs/regulatory/Public Notices/2025 02 February/West/20250224-SAJ-2024-01329-DUVAL-0317-KCH.pdf?ver=PUfhioyTc2ACcXX83Mm2QQ%3d%3d