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: Julio Bran
Trans Americas Fiber US, LLC
3500 S. Dupont Highway
Dover, DE 19901
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Atlantic Ocean. The project site location where the cable will make landfall is at 1704 Ocean Drive (Vero Beach Park), in Section 32, Township 32 S, 40E, Indian River County, Vero Beach, Florida 32964. The Cable will extend out into the Atlantic approximately East Southeast past the Economic Exclusion Zone (EEZ)
Directions to the site are as follows: From US Hwy 1, head east on 17th St across the Alma Lee Loy bridge, continuing east on Causeway Blvd. to the
entrance of South Beach Park.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.63266°
Longitude -80.351172°
PROJECT PURPOSE:
Basic: Communication Infrastructure
Overall: Installation of additional communication infrastructure to create more capacity for East Central Florida and provide redundancy for aging communication infrastructure.
EXISTING CONDITIONS: The system in which the activity is proposed is a benthic marine environment. The benthic environment consists of several ecotypes from the sandy unconsolidated bottom, hardbottom, and coral reefs.
PROPOSED WORK: The applicant seeks authorization to proceed with the installation of a TAM-1 cable initiating at a beach manhole landing at Vero Beach, Florida and traversing eastwardly through the U.S. exclusive economic zone (EEZ). The cable lay will be undertaken by a cable ship, which has a dynamic positioning (DP) capability integrated with a modern navigation system. The cable installation proposes to use only surface lay procedures, as well as the use of a pre-existing, horizontally directional drilled (HDD) conduit under the dune, beach, and nearshore area from the conduit exit point 2,200 feet offshore.
The planned surface lay along this corridor represents an area equating to approximately 0.00314km2 that is considered a permanent footprint on the surface of the seafloor and not planned for burial. Based on the soft marine sediments within the corridor, it is predicted that the system will self-bury over time and remain in place under the total system weight.
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:
“It should be noted that the rerouting of the final cable location was performed in direct response to project-specific benthic protocols developed to identify and avoid sensitive hardbottom habitats. During the Marine Route Survey (MRS) the cable route across the continental shelf was significantly modified to provide a new route that attempted to offset known hardbottom areas. The original cable route within the U.S. EEZ totaled approximately 87.08km, where after the deviations were considered and planned, the rerouting added approximately 5.26km additional cable to the final route of 92.34km within the U.S. EEZ.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“The installation of the TAM-1 cable will result in short-term, minor impacts to the seafloor. These impacts include a small, temporary disturbance of sediments during cable laying operations and a minor permanent footprint of approximately 0.00314 km² where the cable will rest on the seafloor. The cable route has been carefully planned to avoid sensitive hardbottom areas, with rerouting based on a Marine Route Survey (MRS) to avoid or minimize interactions with coral and hardbottom communities.
In summary,
The cable route was adjusted to avoid significant hardbottom areas, minimizing direct impacts to coral and benthic habitats.
The affected area is minimal, and the cable is expected to self-bury over time due to soft sediments in the area, further reducing long-term impacts.
Given these avoidance and minimization measures, combined with the small, temporary nature of the impact, compensatory mitigation is not considered.
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, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the North Atlantic Right Whale (Eubalaena glacialis), Loggerhead Sea Turtle (Caretta caretta), Green Sea Turtle (Chelonia mydas), Leatherback Sea Turtle (Dermocelys coriacea), Hawksbill Sea Turtle (Eretmochelys imbricata), Kemp’s Ridely Sea Turtle (Lepidochelys kempii), Giant Manta Ray (Mobula birostris), Smalltooth Sawfish (Pristis pectinata), or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect the Elkhorn Coral (Acropora palmata), Staghorn Coral (Acropora cervicornis), Boulder Star Coral (Orbicella franksi), Mountainous Star Coral (Orbicella faveolata), Lobed Star Coral (Orbicella annularis), Rough Cactus coral (Mycetophyllia ferox), Pillar Coral (Dendrogyra cylindrus), and the Queen Conch or its designated critical habitat. The Corps will request initiation of formal consultation National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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 0.77 acres of Coral, Coral Reefs, and Live/Hardbottom EFH, utilized by various life stages of corals. Our initial determination is that the proposed action would have an 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.
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.
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. The jurisdictional line has been verified by Corps personnel.
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 21 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, Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida, 32926; by electronic mail at corey.m.maier@usace.army.mil; or, by telephone at (321) 504-3771 ext 0015.
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, 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 or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
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 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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection.
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.