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 West Access Channel (WAC), south of SR 401, Section 10, 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 SR 401, turn south onto Grouper Street.
APPROXIMATE CENTRAL COORDINATES:
Basic: Replace bulkhead and dredging.
Overall: To replace the existing bulkhead of North Cargo Berths 3 and 4 (NCB3&4) in Canaveral Harbor and dredge the area adjacent to the berths to accommodate cargo vessels.
HISTORY: A public notice for the proposed replacement of the existing bulkhead at NCB 3&4 was posted on October 28, 2016 with minimal comments received. The only outstanding issue is finalizing conditions for the USFWS. However, given the fact that EPA concurrence has recently been received (June 6, 2017) for the offshore disposal of dredged material from a planned future phase of this project, the proposed dredging has been added to this project and this public notice has been issued with the changes.
EXISTING CONDITIONS: The existing bulkhead at the project area NCB 3&4 was constructed in 1974 and is failing and in need of replacement. No submerged aquatic vegetation or corals are found within the project site. NCB 3&4 are adjacent to NCB 5 & 6 which consist of 28 acres of uplands currently utilized by container and break bulk storage areas with two rail mounted gantry cranes, tug berth areas, and the U.S. Coast Guard Canaveral Station. NCB 3 and 4 currently provide upland storage for cement and warehousing.
PROPOSED WORK: The applicant seeks authorization to remove the two existing piers and bulkhead, and replace the bulkhead with a new 1,863± liner foot steel pipe and sheet pile combi-wall bulkhead. The new bulkhead will be installed approximately 15 feet waterward of the existing bulkhead wall in order to avoid the existing failed portion of the bulkhead underwater, where it has pushed out. This will require approximately 0.64 acres of back fill between the new and old wall sections to stabilize the bulkhead area. Three temporary additional monopiles are needed to address mooring forces for alternative barges contemplated for placement at the berth during construction. The applicant also seeks authorization to clamshell dredge 171,681 cubic yards of silty sand and clay sediments from a 7.7 acre area in the WAC to a depth of -43’ MLLW with a 2’ overdepth dredge amount, and transport and dispose of the sediments in the Canaveral Harbor ODMDS site in the Atlantic Ocean.
SPOIL DISPOSAL LOCATION:
Canaveral Harbor Ocean Dredged Material Disposal Site (ODMDS): Approximately 171,681 cubic yards of material will be dredged for the NCB 3 and 4 deepening, and transported and disposed at the Canaveral Harbor ODMDS site in the Atlantic Ocean.
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 NCB 3 and 4 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. EPA also required that the disposal of the material maintain a minimum threshold depth of -40’ MLLW within 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.
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.
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 will request National Marine Fisheries Service concurrence with this determination 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 1996. The proposal would impact approximately 87 acres of submerged clay and silty sand sediments in the WTB in 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 has been authorized by the Florida Department of Environmental Protection (FDEP) under File Number: 0132822-028-BI.
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 email@example.com , 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.