PROPOSAL: To simplify and streamline permitting of Department of Army (DA) permits, the Jacksonville District, U.S. Army Corps of Engineers (Corps) is proposing to re-issue and combine SAJ-81 and SAJ-85 into a single Regional General Permit (RGP) under SAJ-81.
PROPOSED WORK: Activities involving the maintenance, enhancement or restoration of rivers, creeks, streams, canals, and/or storm drains within the Commonwealth of Puerto Rico located in navigable and non-navigable waters of the United States. This permit does not cover work resulting in permanent loss to any designated special aquatic sites.
AUTHORITY: Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and Section 404 of the Clean Water Act (33 U.S.C. § 1344)., the Corps proposes to re-issue and modify RGP SAJ-81. General authority is given for maintenance of rivers, creeks, streams, canals and/or storm drains, in navigable and non-navigable waters of the United States with the purpose of restoring normal flow at the mouth of the waterway through the removal of sand and accumulated sediment, for preventative and emergency measures, and to alleviate potential and immediate flood issues and hazards, subject to the following conditions:
SPECIAL CONDITIONS:
1. The work authorized under this Regional General Permit (RGP) is limited to maintenance dredging or excavating the volume of material necessary (based on depth and width of waterway) to remove the blockage of sand and accumulated sediment, such to allow for the normal flow of the impeded waterway.
2. The depth and width of the waterbody shall not alter the natural or designed dimensions of that waterbody.
3. Prior to the initiation of any construction, projects qualifying for this regional general permit must obtain a letter of authorization from the Puerto Rico Department of Natural and Environmental Resources (ONER) for applying for the RGP SAJ-81 from the Corps.
4. A copy of this permit (SAJ-81) and attachments shall be available at the construction site, for all projects.
5. This permit authorizes discharges of dredged or fill material into waters of the United States associated with the following activities:
a. mechanized removal of sediments, rocks, debris and vegetation along the stream channel (including its bed and banks);
b. reshaping and stabilizing of stream banks, including construction of terraces and the placement of riverbank protection measures such as gabions, rip-rap and other bio-engineering erosion control devices, associated with “a” above;
c. construction or installation of temporary access ramps, pads or platforms for heavy machinery and equipment, necessary to complete “a” or “b” above; and
6. d. construction or installation of temporary flow diverting structures or cofferdams necessary to complete “a” or “b” above
7. This permit does not authorize the discharge of dredged or fill material into special aquatic sites, including wetlands.
8. All dredged material shall be deposited in an upland area in the vicinity of the work site with appropriate erosion control measures (Jersey barriers with filter fabric liners, silt fences, etc.); once dried the sand/sediment shall be spread above the ordinary high water line/high tide line or removed from the site to a different upland location. The spread of the dredged sand shall be accomplished only after the area has been surveyed for the potential presence of sea turtle nests at the work area.
9. The dredged material shall remain in the vicinity of the work site, except in the case that the dredged materials contain solid wastes; those shall be disposed in the nearest landfill, or according to the applicable waste disposal regulations. If circumstances arise in regard to an excess of accumulated sediment on the banks (due to periodic maintenance and overabundance of material), then an alternative upland disposal site will be utilized.
10. Any discharge of dredged or fill material authorized under this permit shall not occur in close proximity of a public water supply intake and should not adversely affect a stream gauging station.
11. Discharges of dredged or fill material into waters of the United States authorized by this permit must be limited to the minimum necessary to maintain, enhance or restore the stream channel hydraulic capacity in order to prevent and minimize flood related hazards to life and property. All efforts must be made to avoid and minimize to the maximum extent possible, project related impacts to waters of the U.S., the aquatic environment, and the riparian ecosystem. This permit does not authorize stream channelization or stream channel relocation projects.
12. Best management practices for erosion and sedimentation control shall be implemented and maintained at all times. The permittee shall be responsible for ensuring that erosion and turbidity control devices and procedures are inspected and maintained pursuant to the Puerto Rico Environmental Quality Board’s (EQB) requirements.
13. This permit does not authorize the “take” of any federally listed threatened or endangered species or a species proposed for such designation, or their designated critical habitat.
14. Specific monitoring shall be conducted for the potential presence of sea turtle nests at the work area. The monitoring shall be performed by DNER personnel prior to commencement of the dredging work. Monitoring shall start at least 75 days prior to the dredging activities during the leatherback sea turtle (Dermochelys coriacea) nesting season (February to August). During 60 days prior to the dredging activity. Continuous monitoring would comply with the monitoring requirement.
15. Where monitoring identifies a sea turtle nest vulnerable to destruction by the proposed dredging activities; protection of the nest will be paramount, with the relocation of the nest conducted per USFWS requirements as a final option.
16. The permittee will be required to follow the attached NMFS “Protected Species Construction Conditions” dated May 2021 on all projects.
17. The permittee will be required to follow the attached U.S. Fish and Wildlife Service’s “Standard Antillean Manatee Conservation Measures” for all in-water work.
18. No federally listed corals, their designated critical habitat, or corals proposed to be federally listed, shall be adversely affected by the proposed activities authorized by this permit.
19. This permit is limited to activities that are not likely to adversely affect Federally listed threatened or endangered species or a species proposed for such designation or destroy or adversely modify their designated critical habitat. In order to comply with this condition, all activities conducted under this permit must follow the enclosed Threatened or Endangered Species Conservation Measures, which were developed in coordination with the U.S. Fish & Wildlife Service (USFWS).
20. Cultural Resources/Historic Properties: No adverse impacts to cultural resources or historic properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP are authorized by this permit.
a. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with pre-contact or indigenous cultures, early colonial or historical settlements) the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of all the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Puerto Rico State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions.
b. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and if deemed necessary by the SHPO or the Corps
c. In the unlikely event that unmarked human remains are identified on non-federal lands; they will be treated in accordance with Puerto Rico Statues. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the permittee shall immediately notify the Corps within the same business day (8 hours). The Corps shall then notify the SHPO. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit. Such activity shall not resume without written authorization from the SHPO and from the Corps.
21. Petroleum products from the permittee’s operations shall not be discharged in waters of the United States, including wetlands or in areas where the products may enter waters of the U.S.
22. This regional general permit will be valid for a period of five years from the date specified above unless suspended or revoked by the District Commander prior to that date. If SAJ-81 expires or is revoked prior to completion of the authorized work, authorization of activities that have commenced or are under contract to commence in reliance on SAJ-81 will remain in effect provided the activity is completed within 12 months of the date SAJ-81 expired or was revoked.
23. The applicant shall complete and submit the attached PCN form with required enclosures to the USACE – Antilles Permit Section to the following electronic address: CESAJ-RD-SA@usace.army.mil at least 45 days prior to commencement work.
24. Within 60 days of the completion of the work authorized, the attached “Self-Certification Statement of Compliance” must be completed and submitted to the U.S. Army Corp of Engineers.
a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).
b. For standard mail: U.S. Army Corp of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.
This authorization does not obviate the necessity to obtain any other Federal, Commonwealth, or local permit, which may be required.
AGENCY COORDINATION: This proposed RGP is being coordinated via separate letter with the U.S. Fish and Wildlife Service as required under Section 7 of the Endangered Species Act, and with the National Marine Fisheries Service – Habitat Conservation Division for Essential Fish Habitat as required under the Magnuson-Stevens Fishery Conservation and Management Act.
RESPONSE: Comments regarding this proposed reissuance of Regional General Permit SAJ-71 should be submitted in writing to Mrs. Samantha Burns by electronic mail at Samantha.L.Burns@usace.army.mil within 30 days from the date of this notice. If no adverse comments are received, evaluation may continue without further notice.