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Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2017-03391 (SP-JCP)

Posted: 2/22/2018

Expiration date: 3/9/2018


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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), as described below:

APPLICANT: Canaveral Port Authority
C/o Mr. Robert Musser
445 Challenger Road, Suite 301
Cape Canaveral, Florida 32920-4100

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Canaveral Harbor. The project site is located at Port Canaveral, in the Middle Access Channel (MAC) on the south side of the harbor, north of Christopher Columbus Dr., Section 11, Township 24 South, Range 37 East, Cape Canaveral, Brevard County, Florida.

Directions to the site are as follows: From Jacksonville: Take I-95 South; exit and head east onto SR 528, exit at Port Canaveral onto George King Blvd to Christopher Columbus Dr. Cruise Terminal #3 is to the north.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.40833º
Longitude: -80.59861º

PROJECT PURPOSE:

Basic: Replace cruise terminal and dredging.

Overall: To replace the existing Cruise Terminal #3 (CT-3) in Canaveral Harbor and dredge the area adjacent to the berth to accommodate modern cruise vessels.

EXISTING CONDITIONS: The existing cruise terminal (CT-3) is one of the older terminals, and is failing and in need of replacement. It can no longer berth and service the modern cruise vessels. No submerged aquatic vegetation or corals are found within the project site. CT-3 is adjacent to the east end boat ramps near Jetty Park. There is an existing concrete pier and berthing area.

PROPOSED WORK: The applicant seeks authorization to replace the existing Cruise Terminal #3 (CT-3) landside and waterside infrastructure through demolition of the existing pier structures and replace them with a new terminal and berthing area, which require 2.2 acres of fill along the existing shoreline with a new bulkhead for the berthing area, and dredging to accommodate modern cruise vessels. The proposed clamshell dredging is to a depth of -37’ MLLW with a 2’ overdepth dredge amount, for approximately 61,281 CY of material with transport and disposal of the sediments in the Canaveral Harbor Ocean Dredged Material Disposal Site (ODMDS) site in the Atlantic Ocean. The project also includes the placement and installation of scour protection matting.

SPOIL DISPOSAL LOCATION:
Canaveral Harbor ODMDS: Approximately 61,281 CY of material will be dredged for the CT-3 deepening, and transported and disposed at the Canaveral Harbor ODMDS site.

CONCURRENCY: The Corps has determined that based upon the analysis of the dredge sediments, as required, the dredge material is acceptable for ocean disposal. This determination is based on the SAP/QAPP and testing that followed the process outlined in the Green Book and EPA regulations. The Corps submitted a request for concurrence from the EPA that the dredge materials associated with CT-3 are suitable for disposal at Canaveral Harbor ODMDS. The Corps received concurrency from the EPA by letter dated June 6, 2017. The EPA concurrence indicated that the material from the dredge project as proposed may be disposed at Canaveral Harbor ODMDS provided the disposal of the material is in compliance with the Site Management and Monitoring Plan (SMMP) for Canaveral Harbor ODMDS. The EPA concurrency is valid for three years.

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 proposed project has no wetland impacts, only surface water impacts. The applicant stated that through the design process modifications were made to avoid and/or eliminate and minimize impacts in Canaveral Harbor. The current project is designed so that it minimizes impacts to the maximum extent possible.”

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

“No compensatory mitigation is proposed.”

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 proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) or its designated critical habitat. 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 determined the proposed project may affect, but is not likely to adversely affect swimming sea turtles: Green sea turtle (Chelonia mydas), Loggerhead sea turtle (Caretta caretta), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricate), Kemps Ridley sea turtle (Lepidochelys kempii), Smalltooth sawfish (Pristis pectinata) and the Northern right whale (Eubalaena glacialis), or their designated critical habitat. The Corps’ determination is based on the Biological Opinion issued by the National Marine Fisheries Service (NMFS) on July 15, 2016, which included the activities proposed for this project, and serves as concurrence with this determination from the NMFS pursuant to Section 7 of the Endangered Species Act. No further consultation is required.

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. The proposal would impact approximately 7.6 acres of submerged clay and silty sand sediments in the Canaveral Harbor. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in 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.

NOTE: This public notice is being issued based on information furnished by the applicant.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification will be required from the Florida Department of Environmental Protection (FDEP).

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926 within 15 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, John Palmer, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida, 32926, by electronic mail at john.palmer@usace.army.mil , by fax at (321) 504-3803, or by telephone at (321) 504-3771 extension 10.

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: 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 of the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act comments are also used to determine the need for a public hearing and to determine the overall public interest of 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.

Brevard County Jacksonvile District permit public notice US Army Corps of Engineers USACE