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: Ms. Glenis Otero
Municipality of Fajardo
P.O. Box 865
Fajardo, Puerto Rico 00738
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Las Croabas Bay at the Caribbean Sea. The project site is located at State Road no. 987, km. 7, Las Cabezas Ward, Las Croabas, Municipality of Fajardo, Puerto Rico.
Directions to the site are as follows: Take Román Baldorioty de Castro Expressway/PR-26 from San Juan to Carolina, continue straight onto PR-66, exit at State Road PR-3 South toward Fajardo, turn left onto Ave. Valero/PR-194, turn left onto El Conquistador Avenue, turn right onto El Conquistador Avenue, and turn left onto road Cabezas de San Juan road/PR-867, and continue straight onto PR-9987 near Parque Pasivo Las Croabas in Fajardo.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 18.363224°
Longitude: -65.624981°
PROJECT PURPOSE:
Basic: Pier and Boat Ramp
Overall: To provide embark/disembark facilities for motor vessels, and kayaks that sightseeing during day and night to adjacent cays, Vieques and Culebra Islands, and bioluminescent lagoon, respectively.
EXISTING CONDITIONS: The existing area surrounding the project area has a 6.22 meters long by 5.78 meters wide concrete boat ramp (proposed boat ramp to be extended), and another concrete boat ramp at the east side measuring approximately 18.46 meters long by 6.78 meters wide. The proposed site has an active public recreational and tourist use by motor vessels, kayaks and jet skies. The maritime bottom where the pier is proposed, was previously disturbed by an old concrete pier that was removed due to deteriorated conditions.
PROPOSED WORK: The applicant seeks authorization to construct a 60 feet long x 9 feet wide concrete pier with a “T” shape section at the end of 9 feet wide x 27 feet long, an aluminum access ramp to access the pier, and to extend the adjacent boat ramp by adding a section of 40 feet long (12.24 meters) by 18.9 feet (5.78 meters) in navigable waters of the United States. Approximately 40 cubic yards of fill material will be discharged in approximately 0.01724 acres of waters of the United States to build the proposed extension of the boat ramp. The pier will be constructed from a barge with a crane on the top. Twenty-eight concrete piles of 12 inches in diameter will be driven using an impact hammer with wood pile cushion. Temporary panels of 4 feet by 8 feet will be placed to build the extension of the boat ramp and to prevent water penetrates the working area until the concrete is discharged. The concrete is fast drying and it is expected that in one hour it could be exposed to water. The applicant will consider discharging the concrete for the boat ramp extension during low tide.
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 applicant indicated the proposed project was designed to follow the footprint of the pier that existed in this site and tracks of the existing boat ramp in order to minimize impacts on the aquatic environment.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
There is no impact on wetlands as result of the proposed project, and the proposed impacts in the aquatic environment are expected to be minimum impacts because the same will occur in an area previously disturbed and used by an existing boat ramp.
CULTURAL RESOURCES:
The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Antillean Manatee, the Nassau grouper, Hawksbill sea turtle, and the Leatherback sea turtle. No designated critical habitat for any listed species is present at the project site. The Corps will request U.S. Fish and Wildlife/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.
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 Water Quality Certification is required by the Point Sources Office of the Department of Natural and Environmental Resources and a Coastal Zone Consistency Certificate by the Puerto Rico Planning Board is 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 200, 383 F.D. Roosevelt Avenue, San Juan, Puerto Rico 00918 or 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 200, 383 F.D. Roosevelt Avenue, 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.