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: Department of Natural and Environmental Resources
Ms. Tania Vázquez, Secretary
PO Box 366147
San Juan, Puerto Rico 00936
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at the southwest coast of Icacos Cay, Fajardo, Puerto Rico.
Directions to the site are as follows: From San Juan take the Baldorioty de Castro Avenue to Carolina, exit at expressway PR-66 to Fajardo, turn right at State Road PR-3, turn left at road PR-194 and turn left at road PR-195 toward Fajardo’s Ferry Ports Terminal. The project site is in the southwest coast of Icacos Cay.
APPROXIMATE CENTRAL COORDINATES:
Set 1 Set 2 Set 3
Latitude Longitude Latitude Longitude Latitude Longitude
18.38147 -65.59339 18.38124 -65.59494 18.38144 -65.59521
18.38147 -65.59329 18.38125 -65.59484 18.38144 -65.59511
18.38136 -65.59329 18.38113 -65.59484 18.38133 -65.59511
18.38136 -65.59339 18.38114 -65.59494 18.38133 -65.59521
Set 4 Set 5
Latitude Longitude Latitude Longitude
18.38144 -65.59465 18.38163 -65.59493
18.38144 -65.59455 18.38163 -65.59484
18.38133 -65.59455 18.38152 -65.59484
18.38133 -65.59465 18.38152 -65.59494
PROJECT PURPOSE:
Basic: Artificial reefs.
Overall: To enhance the topographic roughness of the sea bottom, production and aggregation of sport fish species and increase settlement of coral larvae and other marine biota.
EXISTING CONDITIONS: The proposed site is located within the Arrecifes de la Cordillera Natural Reserve. The sea bottom consists totally of sand substrate. A 22’ sunken vessel is present at the project site. No designated critical habitat for corals is present. The proposed site has a depth of approximately 15 meters, a 0° slope and moderate currents and wave action. The accessibility is only by boat.
PROPOSED WORK: The applicant seeks authorization to deploy 50 layer cake and 50 pyramid shaped artificial reef structures in the maritime bottom around a sunken vessel and at 1 km east from the sunken vessel. This project funded by a federal grant from the US Fish and Wildlife Service. The proposed artificial reefs structures are 1.82 meters long by 1.52 meters tall and 1.82 meters, and consist of a low ph and 5,000 psi with microsilica concrete layers and interconnected holes with different diameters weighting approximately 5,200 lbs. Each set of artificial reef structures will cover approximately 128.77 square meters (0.0318 acres). The total area of the 5 artificial reef sets is 0.1591 acres. The total volume of fill material for each artificial reef is 51.30 cubic yards and total volume of all artificial reefs structures is 256.50 cubic yards. The installation of all the structures will be close to, or nearby, depths between 13.7 to 16.7 meters (45 to 55 feet deep) on a sandy sea bottom. The areas chosen by the applicant to install the artificial reef structures are naturally leveled, which prevent unwanted displacement of artificial reefs. In accordance to the applicant, it is estimated that the consistency of the seabed is such that the artificial reefs base will be buried into it between 6 to 10 inches. Also, each group of artificial reef structures will be anchored to the sandy sea bottom using Helix brand, helix Jr. type anchors. The distance from the top of the proposed structures to the water surface, measured during a rising tide, is between 13.9 and 15.5 meters (45.6 to 50.8 feet). The farthest proposed artificial reef set from the Icacos Cay shore is approximately 485.47 meters and the nearest one is 357.09 meters. The distance of the proposed artificial reef structures from the island of Puerto Rico is approximately 1.5 nautical miles.
The artificial reefs structures will be built in uplands and transported to the shoreline of Fajardo. Once close to the shoreline the structures will be hauled on a barge using a vessel crane. Approximately, ten structures per day will be deployed and placed on the designated sites pending on the weather conditions. The areas selected will have both bottom and surface markers to easily find their location and insure the exact positioning of the same on site in one working day. The artificial reefs structures will be placed on the seabed using a crane, which will be located on a barge. The barge and applicant’s guide small boat that will be used to indicate the exact placement areas and to patrol de area will not anchor at any time. Once the artificial reefs are in the right location, different sets of both types of artificial reefs will be secured to sandy substrate using Helix Brand H0648 model anchors with 6-inch helicoidal disks attached to a 48 – inch long galvanized steel rod. Three Helix Jr. size anchors will be installed on the side of each set or group of artificial reefs structures joining them all together with a ½ - inch link diameter galvanized chain. For these structures, a 24 Helix Jr. Anchors will be screwed into the sandy sea substrate.
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 artificial reefs structures will be constructed on land and transported to the shoreline of Fajardo where they will be hauled on a barge using a vessel crane. These structures will be placed always on seabed and will not be thrown from the surface to prevent its fall into another area. If there is a need to relocate any of the structures, compressed air lifting bags will be used to float the unit to avoid dragging of the structures on the seabed and preventing unwanted movement of sediments in the water column.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Due to the nature and scope of the project, which it is for the enhancement of the roughness of the maritime bottom, the production and the aggregation of sport fish species and increase settlement of coral larvae and other marine biota.
CULTURAL RESOURCES: By letter dated 15 June 2017, the State Historic Preservation Office indicated that no historic properties would be affected. The lead federal agency is the US Fish and Wildlife Service to ensure compliance with Section 106 of the National Historic Preservation Act (NHPA).
ENDANGERED SPECIES:
The lead federal agency to determine compliance with Section 7 of the Endangered Species Act is the US Fish and Wildlife Service.
ESSENTIAL FISH HABITAT (EFH): The U.S. Fish and Wildlife Service is the lead federal agency to determine compliance with the essential fish habitat (EFH) provisions of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).
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.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification is required from the Environmental Quality Board. A Coastal Zone Federal Consistency Certificate with the Puerto Rico Coastal Zone Management Plan is required from the Puerto Rico Planning Board.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Antilles Permit Section, Fundación Angel Ramos, Annex BLDG., Suite 202, 383 F. D. Roosevelt Ave., San Juan, Puerto Rico 00918 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 Gisela Román, in writing at the Antilles Permits Section, Fundación 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 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.