Public Notice Notifications

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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).

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SAJ-2023-00411(SP-KMU)

CESAJ-RD-SA
Published Sept. 17, 2024
Expiration date: 10/18/2024

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

APPLICANT: Richard Baranowski, Lime Out 2, LLC

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lindbergh Bay in St. Thomas, U.S. Virgin Islands. The Lime Out 2 would be 1,100 feet from the beach at Emerald Beach Hotel and more than 900 feet from their swim area. It is approximately 628 feet from the shoreline to the east.

APPROXIMATE CENTRAL COORDINATES: Latitude 18.3326058°
Longitude -64.9660576°

PROJECT PURPOSE: Provide food, drinks, and a memorable experience to the boating community in St. Thomas.

PROPOSED PROJECT: The Corps is reviewing an application for a permit to install the Lime Out 2, a floating taco restaurant and bar along with 10 mooring buoys for customers. Please note, there is a Lime Out in Coral Bay, St. John, which is already operational. The Lime Out 2 would be a 53-foot (ft) long x 20-ft wide (1,060 ft²) floating barge with a 2-ft draft. It would be anchored with 4 helix anchor mooring systems and floated lines and mid-line buoys. The applicant also proposes to install 10 day use moorings to minimize anchoring by restaurant patrons and other boaters. All moorings will have floated lines, mid-line floats, and helix anchors. Additionally, the applicant proposes to install up to 12 floating “lily pad” seating pods surrounding the Lime Out II. The seating pods are horseshoe-shaped floats (7 ft x 10 ft), that rest on the water surface and are secured with floating lines connecting them to the Lime Out restaurant.

The Lime Out 2 will have solar panels on the roof with battery storage. A gasoline-powered back-up generator will be utilized when solar is not sufficient. There will be a small, 1,000 gallon per day, reverse osmosis plant to supply water for the restaurant. The plant will discharge approximately 1,500 gallons of brine per day. The Lime Out 2 will be open from 11:00am to 4:45pm. The restaurant will utilize an onshore prep kitchen and will wash most of the dishes onshore. Propane will be used for cooking. It will have a 300-gallon grey water tank to collect any water used for hand or dish washing. The Lime Out 2 will have a single toilet for use by staff with an 8-gallon holding tank for wastewater. All holding tanks will be emptied daily. Wastewater and solid waste will be brought to shore daily and disposed at approved locations. The floating restaurant will be removed from the site during inclement weather. When the barge needs to be relocated, it will be towed by a boat with two 300 horsepower engines. The Lime Out II floating structure will have Coast Guard required lighting. The restaurant is not intended to be operated at night and will not have nighttime operation lighting.

EXISTING CONDITIONS: The bay is currently heavily used for marine recreation including jet skiing, boating, and swimming. There is a floating water park at the head of the bay. There are two resorts located on opposite sides of the bay as well as a public park. Waters in Lindbergh Bay are designated as Class B, and the best usage of the water is listed as the propagation of desirable species of marine life and for primary contact recreation (swimming, water skiing, etc.).

The project site is in the center of Lindbergh Bay in an area of unconsolidated sand. Lindbergh Bay is a relatively protected site. The angle of the deep embayment, and presence of Water Island to the east provides wave protection from the sea except for those coming from 165°- 230°. Lindbergh Bay has been impacted by anthropogenic activities including the mining of material in the northern part of the bay in the 1960’s used in the expansion of the airport. This resulted in a 33-acre circular pit, approximately 1,000 feet in diameter, with depths up to 38 feet MLLW. The proposed project site is adjacent to the pit. Sloughing of sand into the dredge hole and disruptions to wave energy have caused increased erosion of Emerald Beach.

The proposed anchoring sites for the Lime Out 2 and 10 moorings contain sand colonized by Halophila stipulacea, an invasive seagrass. The area is colonized by 80%-100% Halophila stipulacea. In addition, there are scattered areas containing 5% algae and native seagrass within the project area.

AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has provided the following information in support of efforts to avoid and minimize impacts to the aquatic environment:
The installation of mooring buoys will reduce the number of anchors from vessels visiting Lime Out. This is expected to reduce damage to seagrass beds caused by anchoring.
Mooring and anchoring systems will utilize helix type anchors and floated lines to minimize impacts to benthic resources.
To minimize the potential for impacts to protected species, NOAA’s Protected Species Construction Conditions will be followed.
To minimize the potential for impacts to protected species, NOAA’s Vessel Strike Avoidance Measures will be followed.
The U.S. Fish and Wildlife Service’s manatee conservation measures will be implemented during in-water work.
Lime Out 2 will not serve anchoring vessels and will post signage to that effect.
Lime Out 2, LLC will use only biodegradable and reusable materials in the restaurant.
The applicant has developed and will implement the Lime Out 2, LLC Grey Water and Septic Tank Emptying Procedures. All wastewaters will be collected and disposed at appropriate upland facilities.
The applicant has developed and will implement a Shipboard Oil Pollution Emergency Plan and a Spill Response Plan. An oil spill response kit designed for spills up to 100 gallons will be kept on the vessel.
The applicant has developed and will implement a Floating Take-out Restaurant Operation Mooring, Tackle and Sea Floor Inspection and Maintenance Plan. This plan includes regular removal of debris and trash from the seafloor in the vicinity of the Lime Out 2 and moorings.
The applicant has developed and will implement an ESA Species Signage plan. Lime Out 2 will work with the Division of Fish and Wildlife, as well as Fish and Wildlife Service and National Marine Fisheries Service to obtain/create posters which can be placed on the barge alerting boaters of the potential presence of sea turtles, dolphins, whales, manatees and giant manta rays in the area and the importance of being alert for these animals while boating.
The applicant has developed and will implement the Lime Out St. Thomas Hurricane Preparedness Plan.

COMPENSATORY MITIGATION: Due to the avoidance and minimization measures proposed, the applicant has not proposed any compensatory mitigation for impacts to aquatic resources.

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 determined the proposed project may affect but is not likely to adversely affect (NLAA) the species and critical habitat in the tables below. The Corps determined the project would have no effect on listed corals and coral critical habitat, since corals and consolidated substrate will be completely avoided. The Corps will initiate consultation with the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act in separate letters. The Corps would appreciate any information and technical assistance from USFWS, NMFS, resource agencies, or the public regarding our preliminary not likely to adversely affect (NLAA) determinations.






Table 1. ESA-listed Species in the Action Area and Effect Determinations
Species ESA Listing Status Listing Rule/Date Effect Determination (Species)
Sea Turtles
Green
(Chelonia mydas) T 81 FR 20057/
April 6, 2016 NLAA

Leatherback
(Dermochelys coriacea) E 35 FR 8491/
June 2, 1970 NLAA

Loggerhead
(Caretta caretta). T 76 FR 58868/
Sept, 22, 2011 NLAA

Hawksbill
(Eretmochelys imbricata), E 35 FR 8491/
June 2, 1970 NLAA

Fish
Nassau grouper
(Epinephelus striatus) T 81 FR 42268/
June 29, 2016 NLAA

Giant manta ray
(Mobula birostris) T 83 FR 2916/
Jan. 22, 2018 NLAA

Oceanic whitetip shark
(Carcharhinus longimanus) T 83 FR 4153/
January 30, 2018 NLAA

Scalloped hammerhead shark
(Sphyrna lewini) T 79 FR 38213/
July 3, 2014 NLAA

Invertebrates
Queen conch
(Aliger gigas) T 89 FR 11208
Feb. 14, 2024 NLAA
Birds
Roseate Tern (Sterna dougallii)
T 52 FR 42064
Nov. 2, 1987 NLAA

Marine Mammals
Antillean Manatee
(Trichechus manatus manatus) T 82 FR 16668
April 5, 2017 NLAA


Table 2. Critical Habitat in the Action Area and Effect Determination
Species Critical Habitat in the Action Area Critical Habitat Rule/Date Effect Determination
(Critical Habitat)
Green Sea Turtle (Proposed) YES 88 FR 46572/
July 19, 2023 NLAA

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 NOAA EFH Mapper was used to determine that the following species/management units are located at the project site: Caribbean Reef Shark, Longbill Spearfish, Swordfish, White Marlin, Queen Conch, Spiny Lobster (2 species), Reef Fish (43 species), and Corals. The proposal would impact EFH, including seagrass, utilized by various life stages of these species. Our initial determination is that the proposed action would have an adverse impact on EFH or Federally managed fisheries in Lindbergh Bay. However, installing mooring systems will reduce impacts to seagrass from vessels anchoring in seagrass beds. 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’s Habitat Conservation Division.

NAVIGATION: The proposed project 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, will 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, Division of Environmental Protection.

COASTAL ZONE MANAGEMENT CONSISTENCY: In the Virgin Islands, the Department of Planning and Natural Resources, Division of Coastal Zone Management permit constitutes compliance with the Coastal Zone Management Plan.

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. 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, aesthetics, general environmental concerns, wetlands, historic 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.

The 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.

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. This is based on an analysis of the applicant's avoidance and minimization efforts for the project.

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. Please email requests to karen.m.urelius@usace.army.mil within 30 days from the date of this notice.

COMMENTS: Comments regarding the potential authorization of the work proposed should be submitted in writing to the District Engineer through the Antilles Permits Section, Attn: Karen Urelius. Please email comments to karen.m.urelius@usace.army.mil within 30 days from the date of this notice.

QUESTIONS: Questions concerning this application should be directed to the project manager, Karen Urelius at karen.m.urelius@usace.army.mil or by telephone at
(787) 370-8359.