TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) 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. Please note, the Corps previously issued a public notice for this project on August 10, 2018. However, the project was withdrawn and was recently resubmitted. Due to the amount of time that has elapsed, the Corps is publishing a new public notice.
APPLICANT: Carlton Dowe, Executive Director, Virgin Islands Port Authority
WATERWAY AND LOCATION: The project would affect waters of the United States in Charlotte Amalie Harbor, St. Thomas, U.S. Virgin Islands (USVI). The dredging will occur offshore of the town of Charlotte Amalie and will encompass the harbor entrance channel, turning basin, and the West Indian Company, Ltd. (WICO) Havensight cruise ship berths.
Directions to the site are as follows: The project site is located offshore of the town of Charlotte Amalie. WICO’s Havensight dock is located on the eastern end of the Charlotte Amalie Harbor, to the east of Yacht Haven Grande.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 18°19'52.61"N
Longitude: 64°55'44.56"W
PROJECT PURPOSE:
Basic: Maintain and improve navigability and berthing for all vessels.
Overall: Ensure safe navigation for all vessels that utilize the Charlotte Amalie Harbor entrance channel and turning basin. Allow for the berthing of Oasis size cruise ships to help ensure St. Thomas is competitive in the Caribbean cruise ship market.
PROPOSED WORK:
The applicant seeks authorization to dredge 216,173 cubic yards of material from within 43.6 acres of the Charlotte Amalie Harbor entrance channel, turning basin, and the WICO cruise ship berths. The entrance channel would be dredged to a controlling depth of 40 feet below Mean Lowest Low Water (MLLW). The turning basin would be dredged to a minimum depth of 38 feet below MLLW. The WICO berths would be dredged to 36 feet below MLLW. The dredge work would take approximately 50 weeks and would be conducted by clamshell. Dewatering would be conducted on the barge within the project footprint.
A maximum of 60,000 cubic yards of non-contaminated, appropriate grain size sand would be placed in the Lindbergh Bay hole using a tremie tube where it would partially fill the pit that was created in the 1960’s when Lindbergh Bay was mined for material used in construction of the Cyril E. King Airport expansion. Beach quality sand may also be used for beach nourishment above the high tide line at St. Thomas resorts. Non-beach quality dredge spoils would be taken to St. Croix to be disposed at the dredge spoils disposal area north of St. Croix’s Henry E. Rohlsen Airport. Alternatively, the non-beach quality spoils may be reused as fill material landward of the seawall in the Veterans Drive Phase IB and Phase II projects.
EXISTING CONDITIONS:
The project area is within an historic harbor developed as a port in the 1700s. Prior to the COVID-19 pandemic, St. Thomas received about 1.5 million-plus cruise ship passengers annually. The Charlotte Amalie Harbor Channel, its turning basin, and the WICO Havensight dock make up the main cruise ship docking facility on the island of St. Thomas. At present, the avenues of approach and the docking facility are being threatened by silting and shoaling from storm related sea surge and runoff from shore. Run-off from flooding has also been discharging silt and mud into the berthing footprints.
The proposed dredging will affect 43.6 acres of sea bottom of which 0.195 ac is
hardbottom, the remainder is unconsolidated sediments. There are native seagrass beds within the dredge footprint. Approximately 1.594 acres (ac) of Thalassia testudinum, 0.664 ac of Syringodium filiforme, and 0.39 ac of Halophila decipiens will be impacted. In addition, a total of 200 corals are found within the impact area on the small hardbottom which extends into the channel and on random pieces of debris and rocks.
Water quality within the harbor is currently relatively poor, and the bottom is primarily fine silt mixed with grey sand and is easily re-suspended. The channel has better water quality because it has heavier sands. Sediments have been evaluated for chemical content, leachability, as well as grainsize to determine appropriate disposal methods and locations. The berthing area and portions of the turning basin in the inner harbor contains elevated metals. Although these metals are not subject to leaching, spoils will be disposed of in St. Croix in an old caliche mine which is used for dredge spoil disposal. Moving seaward, the metal content in the sand falls within ambient ranges and is suitable for beneficial uses.
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:
1. The applicant developed and will implement a Sea Turtle/Marine Mammal Protection Plan.
2. The applicant will comply with the Protected Species Construction Conditions from the NOAA Fisheries Southeast Regional Office as well as manatee conservation measures to ensure threatened and endangered species are not impacted.
3. Barges will not anchor and will only spud within areas being dredged.
4. A water quality monitoring plan will be implemented which will require monitoring of the project throughout all dredging, dewatering, and potential filling of Lindbergh Bay, use at Veterans Drive, and transport to St. Croix. The water quality monitoring plan will monitor the turbidity devices, water quality, and benthic community.
5. Turbidity control measures will be employed during all parts of the project in order to avoid impacts to aquatic organisms, including Endangered Species Act (ESA) listed corals located in close proximity to the dredging.
6. Two layers of turbidity barriers will be placed around the point of discharge from the barge.
7. The original channel dredging proposal made in 2009 requested a channel width of 450 feet, which extended beyond the existing channel limits. The channel width is being maintained at 400 ft to minimize impact to surrounding resources. The dredge footprint is within the existing channel limits and large portions of the channel have been previously dredged.
8. Archeological resources will be relocated and preserved as per agreement with the State Historic Preservation Officer.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
A total of 200 corals are found within the project area on the small hardbottom which
extends into the channel and on random pieces of debris and rocks within the dredge
footprint. These 200 corals will be transplanted out of the project footprint and area of potential impact to nearby reefs.
Seagrasses will be transplanted from the dredge footprint to nearby areas. Not all the seagrasses can be transplanted due to the presence of Halophila stipulacea, an invasive species. Approximately 1.594 acres (ac) of Thalassia testudinum will be impacted and 1.394 ac will be transplanted. A total of 0.664 ac of Syringodium filiforme will be impacted of which only 0.564 ac can be transplanted due to the H. stipulacea. A total of 0.39 ac of Halophila decipiens will be impacted all of which can be transplanted. In order to compensate for the 0.2 ac of T. testudinum and 0.1 ac of S. filiforme that cannot be transplanted due to the presence of H. stipulacea, a minimum of 0.5 ac of debris in the seagrass beds and coral colonized area surrounding the channel will be collected and properly disposed at an upland facility.
Informational buoys will be placed in order to protect the corals and seagrasses which
are transplanted as well as the those which surround the recipient site. Two buoys will be installed to protect the shallow corals on Rupert Rock, which is periodically hit by vessels.
CULTURAL RESOURCES:
The Corps is aware of an historic shipwreck within the permit area and 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 is subject to additional coordination with the USVI State Historic Preservation Officer.
ENDANGERED SPECIES:
Coral species classified as threatened under the Endangered Species Act, including Acropora palmata, Orbicella faveolata, O. franksi, O. annularis, and
Dendrogyra cylindrus, are present in the general vicinity of the dredging area, but not within the project footprint. These species were found on Rupert’s Rock, on the hardbottom areas of Hassel Island and on the reef near channel marker R-4. Stringent turbidity control measures will be implemented to avoid any impact to these and other benthic organisms. Therefore, the Corps has determined that the proposed action is not likely to adversely affect these species. The St. Thomas Harbor is excluded from Acropora critical habitat [50 CFR 226.216(c)(3)(xi)]. All of the dredge work is within the existing harbor limits. Therefore, the project will have no direct effect on Acropora critical habitat and due to BMPs, the project is not expected to adversely affect critical habitat.
Oceanic Whitetip Shark (Carcharhinus longimanus) and the Scalloped Hammerhead
Shark (Sphyrna lewini) primarily occur offshore in deeper waters; the project is expected to have no effect on these species.
Threatened or endangered sea turtle species occurring in the area include the hawksbill
(Eretmochelys imbricata), green (Chelonia mydas), loggerhead (Caretta caretta) and leatherback (Dermochelys coriacea) sea turtles. Both the Nassau grouper (Epinephelus striatus) and the giant manta (Manta birostris) have been seen in the vicinity. In addition, the West Indian manatee (Trichechus manatus), although incredibly rare in the USVI, could traverse through the project area. The Corps has determined the proposed project may affect but is not likely to adversely affect these species. Through separate processes, the Corps will request consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act.
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 of 1996. The proposal would impact approximately 44 acres of benthic habitat utilized by various life stages of corals, queen conch, spiny lobster, reef fish, blacktip shark, white marlin, tiger shark, swordfish, sailfish, oceanic whitetip shark, lemon shark, nurse shark, Caribbean reef shark, and blue marlin. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in the Charlotte Amalie Harbor. 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.
WATER QUALITY CERTIFICATION: Water Quality Certification is required. The Department of Planning and Natural Resources, Division of Environmental Protection issued Water Quality Certificate WQC-19-01(L&W) for this project.
COASTAL ZONE MANAGEMENT CONSISTENCY: The USVI Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan. A public hearing was held on October 3, 2018, and a decisional hearing held on March 14, 2019. Major CZM Permit Application No. CZT-7-18W, VIPA/WICO Ltd. St. Thomas, Virgin Islands was approved, and the permit has been granted. A senate hearing was held on August 13, 2019, ratifying the project and Act 8189 for Bill 33-0120 was signed into law on August 19, 2019. A modification and CZM permit renewal request is being submitted to increase the depth of dredging to account for over dredge (1ft overdredge, 70,843 cubic yards) and reduction in volume due to an updated bathymetric survey and potential disposal in St. Croix.
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.
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. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed. 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; 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.
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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer via Karen Urelius of the Antilles-Miami Permits Section. You may submit the comments electronically to karen.m.urelius@usace.army.mil, which is the preferred method. Alternatively, you may mail comments to the address in the letterhead. All comments must be received or postmarked within 30 days from the date of this notice.
QUESTIONS concerning this application should be directed to the project manager, Karen Urelius, by electronic mail at karen.m.urelius@usace.army.mil or, by telephone at (787) 370-8359.