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. A portion of the work was completed without a Department of the Army permit. The applicant is requesting after-the-fact authorization for the structures that have already been installed and authorization for the newly proposed moorings.
APPLICANT: Richard Baranowski, Lime Out, LLC
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Coral Harbor in St. John, U.S. Virgin Islands.
APPROXIMATE CENTRAL COORDINATES: Latitude 18.342261°
Longitude -64.709435°
PROJECT PURPOSE: Provide food, drinks, and a memorable experience to the boating community in or visiting St. John.
PROPOSED PROJECT: The Corps is reviewing an application for a permit to retain the Lime Out floating taco restaurant and bar and associated moorings in Coral Bay; these structures were installed without a Department of the Army permit. In addition, the project proponent is proposing to install additional moorings for customers. The Lime Out is a floating structure approximately 39 feet (ft) long x 16 ft wide (624 ft²). It is anchored with 4 helix type anchors. There is a 16-ft long by 6-ft wide floating walkway secured to the Lime Out with lines. Additionally, there are 11-floating seating pods surrounding the Lime Out. The seating pods are horseshoe-shaped floats (7 ft x 10 ft), that rest on the water surface and are secured with lines connecting them to the Lime Out restaurant. The project proponent is proposing to install 10 new day use moorings with a swing radius of 60 ft to minimize anchoring by restaurant patrons and other boaters. All moorings will be on Helix type anchors. All lines attaching seating pods to the Lime Out or anchors to moorings will be floated lines or will contain a mid-line float to ensure lines are kept off the seafloor.
Food is prepared on shore and all solid waste is removed on a daily basis. A small reverse osmosis system is used to produce water to wash the reusable cups and dishes. The used dish water will be collected daily and disposed on land. Lime Out is towed by a vessel to a boat ramp when it must be removed from the water on to a trailer. Lime Out does not have engines and is not a vessel. Although it is not a vessel, the Lime Out has proper Coast Guard required lighting for all vessels. The restaurant is not intended to be operated at night and does not have nighttime operation lighting.
EXISTING CONDITIONS: Coral Harbor is a large bay (~116 acres) located within Coral Bay on the east end of St. John, U.S.V.I. The Lime Out has been installed at its current location for more than two years. The Lime Out is currently located 258 ft from the shoreline on the eastern side of the entrance into Coral Harbor, inside of Harbor Point. There are no corals or consolidated substrate under the Lime Out, seating pods, or the proposed moorings.
Native seagrass colonizing nearshore shallow areas within Coral Harbor consists of three species: Thalassia testudinum, Syringodium filiforme, and Halodule wrightii. The dominant seagrass species occurring in Coral Harbor is T. testudinum. The Lime Out is
located in an area that contains T. testudinum and S. filiforme. Shading from the boat and the floating lily pad seats have impacted seagrass beds. However, surveys were not conducted prior to installation of the Lime Out. Therefore, the extent of impact is unknown.
On April 12, 2023, divers conducted a visual survey documenting seagrass cover under the Lime Out boat and lily pad seats and assessed the surrounding moorings. The surrounding moorings are used by charter boats with guests patronizing the Lime Out. Divers looked for potential impacts to seagrass caused by dragging mooring lines.
There is approximately 5% seagrass cover underneath the Lime Out, which has a total footprint of 624ft². Seagrass cover underneath the lily pad seats ranges between 0 - 70% with a total footprint of 440 ft². At a maximum approximately 1,064 ft² of seagrass has been directly impacted by the Lime Out. It is expected that there has been additional damage from vessels anchoring in adjacent seagrass beds.
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 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.
To minimize the potential for impacts to protected species, NOAA’s Protected Species Construction Conditions will be complied with.
To minimize the potential for impacts to protected species, NOAA’s Vessel Strike Avoidance Measures will be complied with.
The U.S. Fish and Wildlife Service’s manatee conservation measures will be complied with.
Minimal dishwashing will be done on the Lime Out; all used dishwater will be collected in a graywater catchment and taken to shore and emptied daily.
The applicant has submitted and will implement the Lime Out St. John Hurricane Preparedness Plan.
Lime Out has posted specific guidance on their website about avoiding anchoring, if possible, only anchoring in sand, and avoiding impacts to seagrass and corals https://limeoutvi.com/visit
Lime Out will conduct yearly cleanups of the area and a 250-foot radius surrounding their operation (i.e., Lime Out Taco Bar, seating pods, and vessel moorings). All trash and debris will be removed and disposed at government-approved upland disposal site.
COMPENSATORY MITIGATION: 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 for the newly proposed moorings. 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 Habitats in the Action Area and Effect Determinations
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
Nassau Grouper YES 89 FR 126
February 2, 2024 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 Coral Harbor. 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 (DPNR EP).
COASTAL ZONE MANAGEMENT CONSISTENCY: In the Virgin Islands, the Department of Planning and Natural Resources, Division of Coastal Zone Management (DPNR CZM) permit constitutes compliance with the Coastal Zone Management Plan.
ADDITIONAL INFORMATION: Portions of the work were installed without a Department of the Army permit from the Corps. After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time, since the applicant has been cooperating with the Corps and submitted an application for an “after-the-fact” permit. Final determination regarding legal action will be made after review of the project through the permit procedure.
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. 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 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 attention of 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.