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: Pillsbury Sound Land Company, Inc.
c/o Akhil Deshwal
WATERWAY AND LOCATION: The project is located on the northeastern corner of the Gallows Point Resort in the town of Cruz Bay. The dock would be located in Galge Cove within Cruz Bay. Cruz Bay is part of the Caribbean Sea on the western shore of St. John in the U.S. Virgin Islands.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 18.330566
Longitude: -64.797955
PROJECT PURPOSE: Provide safe access for boating and water-based recreational activities for owners and guests at Gallows Point Resort.
PROPOSED WORK: Pillsbury Sound Land Company, Inc. proposes to install a 96-foot (ft) long by 4-ft wide floating dock, totaling 384 square feet. The dock would be held in place by 6 sand screws down the center on 20-ft centers. It would have open grated decking in an aluminum frame on pontoons. The dock would extend offshore to approximately 3.5 ft of water and would be used for small dinghies, sailboats, kayaks, and paddle boards. Two mooring buoys in the bay and a wooden ramp on the shoreline would be removed prior to installation of the dock. The screw anchors and tackle for the docks would be installed by divers. The floating dock would then be launched from the shoreline and attached to the dock tackle. The landward end of the dock would attach to a concrete platform with stairs. The platform and stairs would be constructed landward of the high tide line. A turbidity curtain would be installed in the water throughout the shoreline construction period.
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 dock will be placed in an area devoid of corals and native seagrass. The location of the dock was selected to best avoid direct and indirect impacts to special aquatic sites.
- NOAA’s “Vessel Strike Avoidance Measures, NOAA Fisheries Southeast Regional Office” will be implemented throughout installation of screw anchors by divers, launching of dock sections, and attachment of floating dock sections to anchors.
- NOAA’s “Protected Species Construction Conditions, NOAA Fisheries Southeast Regional Office” will be implemented throughout installation of screw anchors by divers, launching of dock sections, and attachment of floating dock sections to anchors.
- The dock will have open grated decking to allow for increased light penetration to the seafloor.
- The dock and all connecting lines will be removed from the water and stored in a safe upland location prior to any named storm events.
- Silt fencing and an offshore turbidity barrier will be installed prior to earthwork for the dock landing and stairs and will be maintained throughout the construction of the upland features. Silt fencing and the offshore turbidity barrier will be inspected daily during the upland construction and repairs will be made immediately if deficiencies are noted.
COMPENSATORY MITIGATION: The applicant has not provided compensatory mitigation due to the avoidance and minimization measures described above.
EXISTING CONDITIONS: The proposed dock location is in Cruz Bay which has been impacted by marine use; it is one of the main entry ways to St. John. The bay contains the Virgin Islands Port Authority’s Cruz Bay Ferry Terminal and contains numerous mooring buoys that are heavily used for anchoring. Due to anthropogenic impacts, much of the native seagrass (Thalassia testudinum, Syringodium fileforme, and Halodule wrightii) has been replaced by Halophila stipulacea and macro algae.
There are several benthic habitat types within Galge Cove including algal beds, sandy substrate, and hard bottom along the points surrounding Galge Cove. Benthic habitat surveys were conducted in and around the project site. The proposed dock would fall within unconsolidated sediments (sand) habitat as well as patchy macroalgae (50 - <90%), and Halophila stipulacea. The dock would cross over 38.5 linear feet (179 ft²) of patchy macroalgae, and 49 linear feet (195 ft²) of Halophila stipulacea. The remainder of the area contains sandy substrate devoid of vegetation. The proposed dock location is devoid of native seagrass and corals. The dock location was selected due to its distance from native seagrass beds.
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 AND THREATENED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the 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 (Sphyma lewini), oceanic whitetip shark (Carcharhinus longimanus), queen conch (Aliger gigas), Antillean manatee (Trichechus manatus manatus) and roseate tern (Sterna dougallii dougallii). Benthic surveys were conducted and there are no ESA-listed corals or coral critical habitat in the survey area, therefore, the Corps has determined the project will have no effect on corals and coral critical habitat. The Corps has determined that the project is not likely to adversely affect proposed green sea turtle critical habitat. The Corps will request consultation with the National Marine Fisheries Service and U.S. Fish and Wildlife Service with separate letters 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 approximately 20 acres of habitat 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 yellowfish tuna. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the U.S. Virgin Islands. 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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the U.S. Virgin Islands Department of Planning and Natural Resources, Environmental Protection Division.
COASTAL ZONE MANAGEMENT CONSISTENCY: In the U.S. Virgin Islands, the Department of Planning and Natural Resources, Division of Coast Zone Management’s permit constitutes compliance with the Coastal Zone Management Plan.
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.
The US Army Corps of Engineers 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 navigable waters. This is based on an analysis of the applicant's avoidance and minimization efforts for the 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.
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.
COMMENTS: You may submit a public hearing request and/or comments regarding the potential authorization of the work proposed in writing within 30 days from the date of this notice. Please send comments to the attention of the District Engineer through Karen Urelius, Project Manager, Antilles Permits Section at: karen.m.urelius@usace.army.mil
QUESTIONS concerning this application should be directed to Ms. Urelius at karen.m.urelius@usace.army.mil or 787-370-8359.