SAJ-2025-01510 (SP-EBK)

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Emily.B.Keaton@usace.army.mil.

APPLICANT: Luay Abutaha

                        IKO South, Inc.

                        6 Denny Road

          Suite 200

          Wilmington, DE 19809

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Gum Branch. The project site is located near Country Road 218; at latitude 30.15462222° and longitude -82.0304944°; in Jacksonville, Clay County, Florida.

EXISTING CONDITIONS: The project site is 1.98 acres in size and is located in a partially developed area of west Clay County. The site is partially developed and consists of 0.25 acres of Upland (FLUCFS Code 434, 0.88 acres of Industrial (FLUCFS Code 150), 0.08 acres of Streams and Waterways (FLUCFS Code 510), 0.57 acres of Mixed Wetland Hardwoods (FLUCFS Code 617), and 0.20 acres of Railroads (FLUCFCS Code 812).

PROJECT PURPOSE:

Basic: The basic project purpose is rail transportation.

Overall:  The overall project purpose it to construct a rail spur line extension for receiving materials / supplies for a future manufacturing facility in northwestern Clay County, Jacksonville, Florida.

PROPOSED WORK:  The applicant requests authorization to fill 0.57 acres of wetlands (3,573.32 cubic yards of fill) and 0.08 acres of ditches (393.08 cubic yards of fill) for the construction of a rail spur line extension for loading and unloading materials from a shingles manufacturing facility in northwestern Clay county.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“Impacts to wetlands and upland buffers have been avoided to the greatest practicable extent during Project design, while also meeting engineering and safety standards. The shingle manufacturing facility requires the rail spur connection for logistic efficiency. Multiple paths were considered for the rail spur tying into the existing railroad system. The proposed design was selected as it resulted in the least amount of wetland impacts while meeting CSX railroad standards. The area to work with for tying into the railroad was limited due to existing on-site infrastructure, the position of the existing railroad and CSX standards; however, wetland impacts were able to be limited to 0.57 acres of direct wetland impacts. Compensatory mitigation will be provided for all direct and secondary wetland impacts that were unable to be avoided.”

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

“According to a Uniform Mitigation Assessment Method (UMAM) analysis performed in accordance with 62-345 F.A.C, a total of 0.29 State UMAM credits were determined necessary to offset unavoidable impacts to jurisdictional wetlands. Wetland impacts will be mitigated through the purchase of mitigation bank credits from Saint John’s Mitigation Bank, which serves Cumulative Impact Basin 4.”

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation

(IPaC), National Marine Fisheries Service (NMFS) Southeast Region Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered,

proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the

Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat

will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency

for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action would have no substantial adverse on EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). The proposed project is located in forested freshwater wetlands, which are inland of EFH. The effects of the project are determined to be minimal and permanent. 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 structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,  would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification (WQC) may be required from the Florida Department of Environmental Protection (FDEP).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: 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 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until October 23, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Brooke Keaton at Emily.B.Keaton@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Brooke Keaton, Permits Section, P.O. Box 4970 Jacksonville, Florida, 32232. Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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