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. Miguel Vega
Luquillo Hospitality Trust, LLC
PO Box 3807
Airport Station, San Juan, P.R. 00937
WATERWAY AND LOCATION: The project would affect waters of the United States associated with palustrine temporarily flooded forested wetlands. The project site is located at the South side of the state road PR-3, Km. 36.0, Mata de Plátano Ward, Municipality of Luquillo, Puerto Rico.
Directions to the site are as follows: State Road no. 3 from San Juan to Luquillo, exit at frontage road toward Fernández Street and turn right at the vacant land parcel south of the frontage road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 18.381137°
Longitude: - 65.729541°
PROJECT PURPOSE:
Basic: Hotel
Overall: To provide lodging facilities and associate amenities to supply the demand and need of this type of tourist development in the Municipality of Luquillo.
EXISTING CONDITIONS: The wetland system consists of palustrine temporarily flooded forested wetlands. The existing wetlands are mostly dominated by Cocos nucifera, Terminalia catappa, Calophyllum antillanum, Andira inermis, and Annona glabra. Also, herbaceous species such as Acrostichum aureum, Alocasia macrorrhizos, Typha domingensis, Cyperus iria, Cyperus liguraris and Bacopa monnieri. Approximately, a total of 1.91 acres of wetlands are present at the property limits. The proposed site is a located south of the Luquillo public beach. Based on available information the topography of the parcel of land is mostly plain with various depressions and mounds, with elevations fluctuating from 0 to 2 meters average mean sea level, being the westernmost portion of land at the higher elevation.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 500 cubic yards of fill material on approximately 0.47 acres of wetlands for the construction of a new hotel (Luquillo Hotel) with 103 rooms in a building of approximately 57,000 square feet, and associated amenities such as: a 18,000 square foot casino, a restaurant of approximately 5,500 square feet, a swimming pool, outdoor terrace and parking lots.
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:
Based on information submitted by the applicant, approximately 1.44 acres of wetlands will remain undisturbed from a total amount of approximately 1.91 acres of wetlands existing at the property limits. The applicant considered as preferred alternative: the availability of infrastructure, access to main state highway and environmental components of the parcel such as the areas of uplands and wetlands present at the property. The proposed development was limited to the western part of the parcel. The applicant stated that the wetlands to be impacted are patches of low-quality wetlands, leaving the remaining wetlands at the east side of the property undisturbed as these remaining wetlands have better quality.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant believes that the composition, size and conditions of the wetlands at the western part of the parcel (the area to be impacted) may not require a mitigation. The applicant would enhance the buffer areas of the wetland area to remain undisturbed if a compensatory mitigation is 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: A Water Quality Certification is required from the Department of Natural and Environmental Resources – Water Quality Office.
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; 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.