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) as described below:
APPLICANT: Mr. René R. Rodríguez
El Coquí Landfill Company, LLC
P.O. Box 918
Punta Santiago, Humacao, Puerto Rico 00741
WATERWAY AND LOCATION: The project would affect waters of the United States associated with herbaceous wetlands along channel 1. The project site is located at El Coquí Landfill, Road PR-923, km. 2.5, Buena Vista Ward, Municipality of Humacao, Puerto Rico.
Directions to the site are as follows: Take PR-22 toward Caguas, exit at PR-1 south toward Caguas; exit at PR-30 toward Humacao, and exit at PR- 53 north to Fajardo, take next exit to PR-3 and exit at road PR-923 and turn right at El Coqui Landfill.
APPROXIMATE CENTRAL COORDINATES: Latitude 18.126834°
Longitude - 65.808757°
PROJECT PURPOSE:
Basic: Landfill.
Overall: To construct Phase 9 cell within the existing landfill facility to accommodate substantial amount of waste which is still currently needed for final disposition as a result from Hurricane María as well as the regular waste, and to have available disposal area ready to accommodate future wastes from any upcoming extraordinary storm.
EXISTING CONDITIONS: An herbaceous wetland is present along a man-made drainage channel identified as channel 1 located at the north and east side of proposed phase 9 site. This channel begins at the proposed site, it is covered by vegetation and water flow is limited to rain events. The dominant vegetation is Urochloa maxima. The length of the channel is approximately 1,739 feet. This channel crosses through a pipe under the existing road at the landfill and continues to the east through a culvert at road PR-923, and it ends in a stream, which is a tributary of Humacao River. The existing area surrounding the project area consists of several parcels of the existing landfill and dirt/paved roads.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 575 cubic yards of fill material on approximately 0.08 acres of herbaceous wetlands present along 1,083 feet long by 3.28 feet wide and 1.5 feet deep of channel 1. This discharge of fill material is necessary to construct Phase 9 cell of the existing El Coqui Landfill. The project consists of earthmoving to grade, and construct operational berms; the installation of three layers of geosynthetic liners, and piping system for the leachate collection.
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 applicant avoided impacts on herbaceous wetlands existing along a section of channel 1 of approximately 656 feet long by 6.5 feet wide by 8 feet deep. In accordance to the applicant, the proposed impacts described above cannot be avoided and minimized because it would affect the stability of the adjacent cell and the proposed cell, by creating a hollow space between the two cells once the cells are full of waste; both cells need to be physically connected to maintain stability, avoid landslides, and connect the leachate collection pipes as well as the methane gas collection system.
COMPENSATORY MITIGATION – The applicant stated that is willing to provide compensation to offset unavoidable functional loss to the aquatic environment if required.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer.
ENDANGERED SPECIES: The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 not been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification from the Environmental Quality Board is required for the proposed project.
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, Fund. Angel Ramos, Annex Bldg., Suite 202, 383 F.D. Roosevelt Ave., San Juan, Puerto Rico 00918 within 15 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, Ms. Carmen G. Román, in writing at the Antilles Permits Section, Fund. Angel Ramos, Annex Bldg., Suite 202, 383 F.D. Roosevelt Ave., San Juan, Puerto Rico 00918 by electronic mail at carmen.g.roman@usace.army.mil; by facsimile transmission at (787)729-6906; or, by telephone at (787)729-6637.
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. A permit will be granted unless its issuance is found to be contrary to the public interest.
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.
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.