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: Cristina Zubillaga, 555 Madison Investors V, LLC
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Cowpet Bay. The project site is located at 7-W Water Point, St. Thomas, U.S. Virgin Islands. The parcel ID for Parcel 7-W is 107804020300.
APPROXIMATE CENTRAL COORDINATES: Latitude 18.3165°
Longitude -64.8402°
PROJECT PURPOSE:
Basic: Access to private vessels and water based recreational opportunities.
Supplement existing potable water supply.
Overall: Allow property owner to moor private boat next to residence to allow easier access to vessels. The dock will facilitate easier and safer access to the water for swimming, kayaking, and paddleboarding. The dock also includes a reverse osmosis (RO) intake line which will allow the owner to install a small RO system for freshwater production for household needs.
PROPOSED WORK: The applicant seeks authorization to construct a private dock that
can accommodate a vessel up to 45-feet long and to install a RO intake line in Cowpet Bay. The proposed project involves the following:
Installation of a 498 square-foot (ft2) dock that would extend 21 feet (ft) offshore, make a slight turn, and extend an additional 63 ft. The waterward and landward ends of the dock would be five feet wide. There would be a 21 ft 10 inch (in) segment in the middle that would expand to a maximum width of 10 ft.
A total of 32 composite fiberglass Pearson piles would be installed and filled with approximately 320 cubic yards of 5000 psi concrete grout for added stability. Core drilling along with hydro-jetting may be necessary to install the pilings at many or all piling locations due to the rocky substrate. After the substrate is drilled, the piles would be grouted into place. A vibratory hammer would then be used to drive piles into the seabed.
Dock: Twenty-four 12-inch diameter piles would be installed.
Boat Lift: Four 12-inch diameter piles would be installed.
Dock Slip: Four 14-inch diameter piles.
A boat lift would be installed on the north side of the dock.
The decking would be Fiberglass Reinforced Panels (FRP) Open grate decking on 8”x12” FRP Beams.
Cross bracing would be installed under the dock for added strength.
Wave attenuation panels would be installed on the southern side of the dock.
A 4-inch diameter RO line would be installed along the south side of the dock and would be secured to the piles. The line would extend approximately 18 ft beyond the turn in the dock and would extend into the water to a depth of 3 ft. The intake would have a 24-in wedge wire intake screen which would extend to a depth of 5 ft. The wedge wire intake screen would reduce intake velocity to 0.5 feet per second, thereby minimizing impingement and entrapment of marine organisms.
The dock would be built from a crane barge which would carry all dock components. The barge would spud down in predetermined positions which would minimize impacts to seagrasses and corals.
EXISTING CONDITIONS: The project is located in Cowpet Bay on the eastern end of St. Thomas. The site is located within the boundaries of the St. Thomas East End Reserve (STEER). STEER is a multi-use marine protected area intended to protect natural resources for fish stock replenishment, recreation, shoreline protection, water filtration, and conservation of nature. The project also lies within the Vessup Bay/ East End Red Hook Area of Particular Concern (APC). The project site is subject to wave action during storms. To minimize future damage, grated decking will be installed on the dock to allow for waves to pass through the dock minimizing uplift.
A site assessment was conducted by divers at Water Point, St. Thomas on October 22, 2021. The objective of the site assessment was to locate and identify benthic resources within the footprint and potential impact area of several potential dock configurations at Water Point. Using a handheld GPS device, divers delineated the seagrass (Thalassia testudinum) boundary and identified, measured, and marked the location of all corals in the immediate area.
Ninety-one coral colonies from nine coral species were identified within the general proposed dock site. Two coral species listed under the Endangered Species Act (ESA) occur in the survey area: Acropora palmata and Orbicella annularis. There are four A. palmata colonies and five O. annularis colonies, making up nine of the 91 coral colonies found in the survey area. The other seven coral species identified within the survey area are Colpophyllia natans, Diploria labyrinthiformis, Pseudodiploria clivosa, Pseudodiploria strigosa, Porites porites, Porites astreoides, and Siderastrea siderea. The largest coral seen was a 4.5-foot long Acropora palmata. Most of the corals were relatively small; 84.62% of corals were ≤ 1.0 feet in length. No corals are located in the dock footprint. Five are located within 15 feet of the dock. The closest ESA-listed coral is 48 ft away.
The dock crosses 40 ft2 of consolidated hardbottom, which is designated as critical habitat for ESA-listed corals, and 76.5 ft2 of unconsolidated hardbottom. Impacts to consolidated hardbottom include the installation of four 12-in diameter piles, which would result in a loss of 14 ft2 of consolidated hardbottom and shading of 40 ft2 of hardbottom habitat under the dock. Impacts to unconsolidated hardbottom include the installation of seven 12-in diameter piles and one 16-in pile, resulting in a loss of 24.5 ft2 of unconsolidated hardbottom as well as shading impact to 76.5 ft2 of unconsolidated hardbottom.
The seagrass boundary runs parallel with the shoreline and is composed mainly of Thalassia testudinum and some patches of Halophila stipulacea. Shading will impact 343 ft2 of seagrass under the dock. There are 17 piles located in seagrass. Direct impact from piles will affect 58 ft2 of seagrass.
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:
Multiple layouts were assessed in order to find the design that best met the purpose while minimizing impacts to corals, coral critical habitat, and seagrass. The dock was sited in an area that completely avoids impacts to corals.
A grated fiberglass deck will be installed to allow for light penetration and to allow waves to penetrate in inclement weather.
The deck of the dock is 4 feet above mean high water (MHW) and the dock is oriented in an east-west orientation which will allow for direct sunlight to reach the seagrass under the dock during a portion of the day.
The depth throughout the docking area is greater than 9 feet to minimize any propwash.
To control the turbidity during drilling and installation of the piles, a double set of proper length turbidity barriers will be installed. The turbidity barriers will be maintained until sediments settle and water quality returns to ambient.
The boat will be kept on a lift to reduce shading.
Divers will assist in the location of the barge needed for the heavy equipment used for drilling and driving of the piles to minimize spudding in areas of seagrass and to avoid all corals.
A work area will be marked to ensure all construction related vessels and equipment do not impact any seagrass or corals in adjacent habitats.
The RO intake will have a 24-inch wedge wire intake screen which will extend to a depth of five ft. The screen will reduce intake velocity to 0.5 fps thereby minimizing impingement and entrapment of marine organisms.
A Water Quality Monitoring Plan will be implemented throughout construction to ensure turbidity levels remain within acceptable limits. The plan includes obtaining baseline readings prior to construction.
The applicant will implement the Mitigation Plan for Construction of a Private Dock, Parcel 7-W Estate Nazareth, Water Point, St. Thomas, U.S. Virgin Islands. Components of the plan are described below under “Compensatory Mitigation.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Transplant 58 ft2 of seagrass that would be directly impacted by piling installation to blowouts and scars to the north of the dock. The seagrass recipient site would be monitored for five years and would have to meet a minimum of 85% survival. Approximately 343 ft2 of seagrass would remain within the footprint of the dock. In addition, the proposed dock configuration would cover 40 ft2 of consolidated hardbottom and directly impact 14 ft2 of consolidated hardbottom through the installation of piles. To compensate for impacts to the hardbottom and the shading of 343 ft2 of seagrass, the applicant is proposing to collect and dispose of 350 ft2 of debris located in Cowpet Bay.
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 and other interested parties.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect the following species listed, or proposed for listing, under the Endangered Species Act: Antillean manatee (Trichechus manantus manatus), green sea turtle (Chelonia mydas) loggerhead sea turtle (Caretta caretta), hawksbill sea turtle (Eretmochelys imbricata), leatherback sea turtle (Dermochelys coriacea), Nassau grouper (Epinephelus striatus), giant manta ray (Manta birostris), scalloped hammerhead shark (Sphyra lweini), oceanic whitetip shark (Carcharhinus longimanus), queen conch (Strombus gigas), Antillean manatee (Trichechus manatus manatus), elkhorn coral (Acropora palmata), and lobed star coral (Orbicella annularis). In addition, the project site is located on proposed critical habitat for the green sea turtle, designated Nassau grouper critical habitat, and designated critical habitat for all seven species of listed corals that occur in the Caribbean. Separate from this public notice, the Corps will request initiation of informal consultation with the U.S. Fish and Wildlife Service for the Antillean manatee and formal consultation with the National Marine Fisheries Service for the rest of the species and the critical habitat listed above 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. The proposal would impact consolidated hardbottom habitat, seagrass, and mixed benthic habitat. The proposed action could cause substantial adverse impacts to EFH utilized by various life stages of blue marlin,
Caribbean reef shark, tiger shark, lemon shark, nurse shark, oceanic whitetip shark,
corals, queen conch, reef fish (43 species), swordfish, white marlin, and yellowfin
tuna. 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, Protected Resources Division.
Navigation: The proposed structures are 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 may be required from
the Department of Planning and Natural Resources (DPNR), Division of Environmental Protection in accordance with Section 401 of the Clean Water Act. The applicant is responsible for submitting documents to the DPNR in accordance with EPA’s revised Water Quality Certification rule effective November 27, 2023 (88 FR 66558).
COASTAL ZONE MANAGEMENT CONSISTENCY: In the Virgin Islands, the DPNR permit constitutes compliance with the Coastal Zone Management Plan. The applicant is responsible for obtaining a permit from the DPNR Division of Coastal Zone Management. The in-water structures as well as a walkway down the bluff from the house to the dock are being reviewed by the DPNR.
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, 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, the Environmental Protection Agency, 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. Contact information to request a public hearing is provided in the “Comments” section below.
COMMENTS: Comments regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Antilles Permits Section. We prefer that comments be emailed to: karen.m.urelius@usace.army.mil. You will receive an email confirmation when your comment is received. If you do not want to email your comments and would like to mail your comments, please send them to Fund. Ángel Ramos, Annex Building, Ste. 202, Avenida F.D. Roosevelt #383, San Juan, 00918, Puerto Rico. Comments must be received or postmarked within 30 days from the date of this notice.
In addition to the information described in the “Evaluation” section above, 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 waters of the U.S. 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: If you have questions concerning this application, please contact the project manager, Karen Urelius, at karen.m.urelius@usace.army.mil or 787-370-8359.