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. Luis Ayala-Parsi
Luis A. Ayala Colón Sucrs., Inc.
P.O. Box 7066
Ponce, P.R. 00732-7066
WATERWAY AND LOCATION: The project would affect an estuarine wetland area within the Luis A. Ayala-Colón Sucrs., Inc. property. Said property is located at 3091 Santiago de Los Caballeros Avenue, Playa Ward, Ponce, Puerto Rico.
Directions to the site are as follows: From San Juan, take Expressway PR-52 (southbound) towards Ponce. When you reach Ponce, take exit 104B and merge onto Santiago de Los Caballeros Ave. (south); continue driving until you reach the intersection with Road PR-123; turn right onto PR-123. You will find the entrance to the project site immediately to your right side at the corner of Santiago de Los Caballeros Ave. and PR-123.
APPROXIMATE CENTRAL COORDINATES: Latitude: 17.973689°
Longitude: -66.612398°
PROJECT PURPOSE:
Basic: Commercial/Industrial (stevedoring company) facility
Overall: To expand the existing facility of Luis A. Ayala-Colón Sucrs., Inc. in Ponce, P.R., as to provide additional parking and warehouse space for the storage and repair of their stevedoring equipment and machinery.
EXISTING CONDITIONS: The proposed project site consists of an approximately 1.5 acres wetland area sited within a parcel of land measuring approximately 5.6 acres, where the applicant’s facility is located. The applicant’s property, which lies about 600 meters east from the eastern margin of Bahía de Ponce (Caribbean Sea), connects to the north with an undeveloped parcel of land comprised by wetlands, to the south with PR-123, to the west with a developed parcel of land where wetlands were previously filled as part of the construction of an industrial facility (CHEMEX Corp.), and to the east with the Santiago de los Caballeros Avenue. The project property is also adjacent to wetland areas that were previously impacted as part of the development of the Port of the Americas project. The property was part of the authorized footprint of the Port of the Americas, but the development was never completed. The U.S. Fish and Wildlife Service’s National Wetland Inventory Maps identify the wetland area within the project property, as well as adjoining/adjacent wetlands to the north, west and east of the project property, as estuarine intertidal forested wetlands (E2FO3P). A review of aerial photography confirms that the proposed project site has been historically dominated by mangrove wetland vegetation. However, current aerial photography and the information provided by the applicant indicate that conditions at the proposed project site have changed considerably since Hurricane María passed through Puerto Rico on September 2017, and the area is currently ponded with scarce vegetation only occurring along the wetland margins.
PROPOSED WORK: The applicant (Luis A. Ayala-Colón Sucrs., Inc.) seeks authorization to excavate/dredge material from, and discharge about 5,275 cubic yards of fill material into, approximately 1.5 acres of remaining wetlands within their 5.6 acres property in Ponce, P.R., to expand the company’s existing facility. The proposed fill would consist of A2-4 (“caliche”) material and a top (12 inches thick) layer of ¾ inch gravel, which would be obtained from a local quarry. The excavated/dredged material resulting from this project would be immediately transported for disposal at the Ponce municipal landfill while the excavation/dredging activities are ongoing. The temporary placement of fill and/or excavated/dredged material in the vicinity of the project area or the establishment of staging areas is not anticipated. The proposed project construction activities would require the use of an excavator, a bulldozer, a compactor, a water truck, and dump trucks.
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:
Since the proposed project is intended to expand an existing facility within the applicant’s property, and the remaining undeveloped area within the property is entirely comprised by wetlands, total avoidance of wetland impacts was not considered practicable. However, the applicant has indicated that in order to prevent and/or minimize potential adverse impacts to adjacent wetland areas and downstream aquatic habitats, the construction of the project would incorporate best management practices, including erosion and sedimentation control measures such as the installation of silt fences and hay bales, among others. Potential impacts to adjacent aquatic habitats would also be prevented and/or minimized by immediately transporting the excavated/dredged material for disposal at the municipal landfill rather than temporarily placing it in the immediate vicinity of the project area prior to relocating it to the final disposal site.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has expressed that no compensatory mitigation should be required, since all previously existing on-site wetland vegetation was naturally removed by Hurricane María and no longer exists.
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 P.R. 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.
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. The proposal would impact estuarine wetlands. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the U.S. 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. The jurisdictional line has not been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: A Water Quality Certification from the P.R. Department of Natural and Environmental Resources, Point Sources Permits Division would be required for this project. A Coastal Zone Management Consistency Certification from the P.R. Planning Board would also be 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, Fund. Ángel 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, Mrs. Deborah J. Cedeño-Maldonado, in writing at the Antilles Permits Section, Fund. Ángel Ramos Annex Bldg., Suite 202, 383 F.D. Roosevelt Ave., San Juan, Puerto Rico 00918; by electronic mail at Deborah.J.Cedeno-Maldonado@usace.army.mil; or, by telephone at (787) 289-7036.
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 U.S. 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 Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board.
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.