SAJ-2018-01543(SP-CGR)

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: Mr. Frank Iserni

                      Arrecife Condado, Inc.

                      P.O. Box 193748

                      San Juan, Puerto Rico  00919

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Atlantic Ocean.  The project site is located to the North side of Condado Beach from Ventana al Mar to Cervantes Street, Municipality of San Juan, Puerto Rico.

Directions to the site are as follows: Take Román Baldorioty de Castro Avenue from Carolina to San Juan, turn right at Muñoz Rivera Avenue and turn right on next exit toward Ashford Avenue and access through Ventana al Mar Park on 1054 Ashford Avenue.   

APPROXIMATE CENTRAL COORDINATES:

PROJECT PURPOSE:

Basic: Breakwater and enhancement of maritime habitats.

Overall: To mitigate dangerous rip currents at Condado sector and induce waves to break offshore in order to provide a safe beach for swimmers and users of this sector; to protect the beach from coastal erosion; and to provide ecological habitats for recreational and educational opportunities.

EXISTING CONDITIONS:  The maritime bottom where the three submerged rubble mound structures in the Atlantic Ocean are proposed consists mostly of sandy substrate.  Variable depths are at the project site from approximately -5 meters

(-16 feet) to -7 meters (-22 feet).  The sea at Condado Beach sector has rough surf with rip-currents.  Hard bottom habitat associated with a low relief patch reef exists at the western and south half section of proposed structures.  Benthic algae colonizes most of the flat section of the patch reef in accordance to Reconnaissance Survey of Benthic Habitats conducted for beach front of La Concha Hotel in Condado dated June 24, 2018.  Small and isolated colonies of live corals are present in the reef hard ground.  No listed corals were reported at the proposed project’s footprint neither adjacent areas.

PROPOSED WORK:  The applicant seeks authorization to build three submerged rubble mound structures in the Atlantic Ocean with these dimensions:

The proposed structures consists of two layers of armor stone over the under layer stone.  The core of the structure segments will consist of conventional granite rock and the perimeter and toe will consist of a reef-like or karst stone.  The total approximate volume of rock to be placed in waters of the U.S. is approximately 51,945 cubic meters. The source for fill material would come from quarries at the Municipalities of Guaynabo or Bayamón and from Cantera del Este or Canóvanas.  The proposed works will be performed using two types of construction vessels: a derrick barge with a mounted crane that will move the rocks from the rock barge to the proposed structure location, and a rock barge that will bring the fill material from staging areas at wharf 12-14 to the proposed location each morning with the assistance of a tugboat.  The derrick barge with a draft of approximately 9 feet will be in-situ during the construction period and remain at the construction site for duration of the construction activities which is approximately between two – three months.  The rock barge will remain on site each day for approximately 8-12 hours.  The proposed construction will be performed during daytime but the rock loading activities will extend beyond daylight hours.  As part of this project, the applicant proposes an educational program that would include a voluntary coral reef planting program and monitoring as part of a community involvement program known as Adopt a Coral.   

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:

Avoidance is not an alternative due to the nature/purpose of this project.  In accordance to the applicant, the proposed structures were designed at the minimum water depths necessary to mitigate erosion and induce waves to break offshore, and allow passage of aquatic life on and between structures.    

COMPENSATORY MITIGATION  - The applicant has provided the following explanation why compensatory mitigation should not be required:

The project as proposed will have a net benefit to the environment as it will provide thousands of cubic meters of rock for colonizing organisms.

CULTURAL RESOURCES: 

The Corps is not aware of any known historic properties within the permit area, which is the footprint of the three submerged rubble structures in the Atlantic Ocean.  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 proposed project may affect, but is not likely to adversely affect the Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata), Green sea turtle (Chelonia mydas); Antillean manatee (Trichechus manatus manatus); Blue Whale (Balaenoptera musculus), Fin Whale (Balaenoptera physalus), Sei Whale (Balaenoptera borealis), Sperm Whale (Physeter macrocephalus), Nassau Grouper (Epinephelus striatus), scalloped hammerhead shark, and listed corals: elkhorn corals (Acropora palmata), staghorn coral (Acropora cervicornis), boulder star coral (Orbicella franski), mountainous star coral (Orbicella faveolata), lobed star coral (Orbicella annularis), rough cactus coral (Mycellophyllia ferox), pillar collar (Dendrogyria cylindrus) and acropora corals designated critical habitat.  The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with this determination 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 1996.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Caribbean.  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.

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:  An individual Water Quality Certification from the Department of Natural and Environmental Resources and a Coastal Zone Consistency Certificate from the Puerto Rico Planning Board are required for this 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 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, Fund. Angel Ramos Annex Bldg., Suite 202, 383 F.D. Roosevelt Ave, San Juan, Puerto Rico  00918, or 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.