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), Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), and Section 103 of the Marine Protection, Research, and Sanctuaries Act as described below:
APPLICANT: United States Department of the Navy
Canaveral Naval Ordnance Test Unit
Building 88900
Cape Canaveral, Florida 32920
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Canaveral Harbor and the Atlantic Ocean. The project site is located within the following areas of Canaveral Harbor: Cut-1A, Cut-1B, Cut-1, Cut-2, Navy Trident Turning Basin (TTB), Trident Access Channel (TAC), Middle Turning Basin (MTB), and the Navy Turn Widener, in 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 onto SR 528 and head east; tum north onto SR 401 toward Cape Canaveral Air Force Station. (gated security access is required); follow to Canaveral Naval Ordnance Test Unit, Canaveral Harbor, Brevard County, Florida
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.4135°
Longitude: -80.5947°
PROJECT PURPOSE:
Basic: Maintenance dredge
Overall: Maintenance of the existing navigation channel to enable National Defense readiness for the U. S. Navy submarine fleet.
EXISTING CONDITIONS: The access channels and turning basins associated with the proposed project have accumulated several feet of sediment with respect to the maintained bottom depth suitable for navigation. No submerged aquatic vegetation or corals are found within the project site.
PROPOSED WORK: The applicant seeks authorization to maintenance dredge up to 500,000 cubic yards of material annually from the United States Navy (USN) portions of the following areas at Canaveral Harbor (aka Port Canaveral): Cut-1A, Cut-1B, Cut-1, Cut-2, Navy Trident Turning Basin (TTB), Trident Access Channel (TAC), Middle Turning Basin (MTB), and the Navy Turn Widener. The TAC and TTB will be dredged to the maintenance depth of 41 foot (ft) mean low lower water (MLLW), Cut-1A, Cut-1B, Cut-1, Cut-2 and the Navy Turn Widener will be dredged to the maintenance depth of 44 ft MLLW, and the Middle Turning Basin (MTB) will be dredged to the maintenance depth of 35 ft MLLW. All dredging areas will incorporate 2 feet of allowable overdepth. All dredging shall be conducted by either cutterhead or clamshell equipment only.
SPOIL DISPOSAL LOCATION: Dredged materials will be disposed of at the Canaveral Harbor Ocean Dredged Material Disposal Site (ODMDS), the Nearshore Disposal Area, or the West Confined Disposal Area (CDA-C) as conditions and material warrant.
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 the proposed work are suitable for disposal at Canaveral Harbor ODMDS. The Corps received concurrency from the EPA by letter dated April 20, 2021. The EPA concurrence indicated, with the exception of section E-CH20-4 (DMMU-4) of the MTB, 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:
No new work is proposed, so no additional environmental impacts are anticipated. Avoidance of environmental impacts will be achieved by use of the Dredge Quality Management (DQM) tracking system to monitor loss of draft during transport and compliance of disposal locations, excluding the use of a hopper dredge, utilization of qualified endangered species observers and turbidity monitors, and following of the relevant conditions of the 2020 SARBO and USFWS standard manatee protection conditions. The project is also subject to compliance of State laws and regulations through the DEP Joint Coastal Permit (WQC/CZMA) No. 0129260-009-JN (expires 01/15/25).
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“No 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.
Through use of the South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States (SARBO) dated 27 March 2020, the Corps has made the following determinations:
May affect, likely to adversely affect: Green sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta), leatherback sea turtle (Dermochelys coriacea), kemps ridley sea turtle (Lepidochelys kempii), smalltooth sawfish (Pristis pectinata) and giant manta ray (Manta birostris).
May affect, not likely to adversely affect: Hawksbill sea turtle (Eretmochelys imbricate), and northern right whale (Eubalaena glacialis).
Use of the SARBO 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 226 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 may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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, Brandon J Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926,; by electronic mail at brandon.j.conroy@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (321) 504-3771 x11.
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 or 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 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.
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.