Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

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).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2013-01789(SP-CGR)

Published Nov. 17, 2020
Expiration date: 12/17/2020

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. Gabriel Morales

                       Puerto Rico Aqueduct and Sewer Authority

                       P.O. Box 7066

                       San Juan, Puerto Rico  00916

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Chico River, Mamey Creek, unnamed creek, Patillas River, Nigua River at the Municipality of Arroyo, and wetlands.  This project begins at the Patillas Waste Water Treatment Plant (WWTP) and ends at Arroyo Pump Station, following state road PR-181, PR-53 and PR-3 (José Barbosa Expressway).  The project site is located at state road PR-3, Municipalities of Patillas and Arroyo, Puerto Rico.

 

Directions to the site are as follows: From San Juan, take PR-52 southbound until reaching the PR-53 junction at the Municipality of Salinas.  Head eastbound on PR-53/PR-3 until reaching the Municipality of Arroyo.  Go past Arroyo via PR-3 and heads toward the Municipality of Patillas.  Make a right at PR-53 junction (José Barbosa Expressway) and then a left at PR-3, heading north until reach the Patillas WWTP to the left just south of the Municipality of Patillas. 

 

APPROXIMATE CENTRAL COORDINATES:          Latitude:           17.993833°

                                                                                  Longitude: - 66.008142°

 

PROJECT PURPOSE:

Basic:  Sanitary Infrastructure.

Overall: To comply with Environmental Protection Agency Consent Order through the elimination of Patillas Waste Water Treatment Plant (WWTP) and deviate the influent through a new trunk sewer line that will connect with Arroyo Pump Station and to the Guayama Regional WWTP.  Also, this work will eliminate discharges from septic tanks within the service area at Patillas and Arroyo, and provide adequate sewer management capabilities.

 

EXISTING CONDITIONS:  Open waters such as Chico River, Mamey Creek, an unnamed creek at Los Pollos Sector, Patillas River, and Nigua River at the Municipality of Arroyo are present along portions of the proposed project.  In addition, freshwater wetlands associated to some of the surface waters mentioned above are present along portions of the proposed underground sanitary pipeline and new Las Palmas pump station.

 

PROPOSED WORK:  The applicant seeks authorization to discharge fill and re-discharge excavated material in approximately 1.71 acres of waters of the United States, including wetlands for the installation of an underground sanitary pipeline and a new Las Palmas pump station.  Pipe installation will be accomplished by conventional mechanical method, which includes: trench excavation, and placement of the pipe and fill.  Approximately, 3,413 cubic meters of fill mostly consists of clean fill and alluvium will be discharged as part of construction works.  A concrete protection will be placed at selected locations within the proposed impact areas.  Surplus material will be disposed at an authorized upland facility.  Also, temporary impacts are proposed in approximately 1.07 acres of waters of the United States for staging areas.  The proposed impacts are as follow:

 

Impact Identification no. and work

Location

Area (acres)

Permanent Impacts

Area (acres)

Temporary Impacts (staging areas)

1 Pipe

Chico River

0.0111

0.0318

2 Pipe

Mamey Creek

0.0072

0.0219

3 Pipe

Unnamed Creek

0.0067

0.0226

4 Pipe

Patillas River and Wetlands

0.0828

0.2441

5 Pipe

Wetlands

0.2512

0.1527

6  Pump Station and Pipe

Wetlands

1.0559

0.0054

7 Pipe

Wetlands

0.2806

0.5636

8 Pipe

Nigua River at Arroyo

0.0145

0.0321

 

                  Total

1.71

1.07

                                                                          

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 proposed footprint of this project preserved to the extent possible high-density value wetlands areas in favor of less dense tracks that were used to demarcate the final route of the pipeline.  The proposed pipeline route crossings open waters will be placed under the stream beds, avoiding impacts to the water bodies and their associated wetlands.  The proposed Las Palmas pump station was designed to use the least amount of space while conveying the design flows.  It is expected that once the pipeline corridor is installed, the impacted areas above the pipeline return to their original state shortly.  

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

The applicant is willing to provide a mitigation plan to compensate for the wetland’s loss, which would include both in-kind and out-kind components, and the enhancement of wetlands.

 

CULTURAL RESOURCES:   Based on available information, the lead federal agency to comply with this component is the Environmental Protection Agency (EPA).  The Department of Natural and Environmental Resources – Point Sources Office started coordination with the State Historic Preservation Office (SHPO) on behalf of EPA as this project will be funded by CWA SRF funds.  By letter dated June 6, 2014, SHPO issued a conditioned determination for this project, and determined this project will have no adverse effect upon historic properties.

 

ENDANGERED SPECIES:   The proposal would have no effect on any listed threatened or endangered species or designated critical habitat.

 

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 not been verified by Corps personnel.

 

AUTHORIZATION FROM OTHER AGENCIES:  A Coastal Zone Management Consistency Certification from the Puerto Rico Planning Board and a Water Quality Certificate from the Department of Natural and Environmental Resources are required.  

 

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, U.S. Army Corps of Engineers, Fund. Angel Ramos Annex BLDG., Suite 202, 383 F.D. Roosevelt Ave., San Juan, Puerto Rico 00918or by electronic message at carmen.g.roman@usace.army.mil within 30 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, U.S. Army Corps of Engineers, 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 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.