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: Carlos H. Adrovet
Municipality of Bayamón
P.O. Box 1588
Bayamón, P.R. 00960
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Santa Catalina Creek. The project site is located at Villa Rica Neighborhood, Municipality of Bayamon, Puerto Rico.
Directions to the site are as follows: The site is located in the municipally of Bayamon at Santa Catalina Creek, between Urb. Quintas del Flamingo and Urb. Santa Monica. The Project is between the Perla del Sur Street Bridge and the 10th Street Bridge.
APPROXIMATE CENTRAL COORDINATES: Latitude 18.391967°
Longitude -66.1747°
PROJECT PURPOSE:
Basic: Flood Control
Overall: The purpose of the project is to build a new concrete channel segment to improve flood control in the area. By removing all vegetation and widening the current cross section, the new channel is designed to accommodate a 100-year flood event and control the flood levels in the area.
According to the Federal Emergency Management Agency (FEMA) and the Puerto Rico Planning Board, the project site is within a flood zone. The basin that corresponds to the project contains developed urban areas and a drainage network system that flow into the Santa Catalina Creek. Due to the highly urbanized areas adjacent to the creek and the existing conditions of the channel, the discharge from these drainage networks causes the Santa Catalina Creek flow level to exceed the banks and flood the surrounding areas frequently.
EXISTING CONDITIONS: The Santa Catalina Creek is a freshwater system. The stream segment for the proposed project is a natural channel with previously installed gabions in its banks for bank stabilization. Currently, the area has low use for wildlife. The low biological diversity in the area is likely a result of the existing urbanization of the surrounding area as well as the existing trapezoidal channel which limits the adequate or desirable habitat available for wildlife. Grown trees and shrubs cover the banks. The basin that corresponds to the project consists of developed urban areas and a drainage network system that flows into Santa Catalina Creek. Due to the highly urbanized areas adjacent to the creek and the existing conditions of the channel, the discharge from these drainage networks causes the Santa Catalina Creek flow level to exceed the banks and flood the surrounding areas.
PROPOSED WORK: The applicant seeks authorization for the construction of a new concrete channel segment that will connect the Santa Catalina Creek to an already existing concrete channel, to minimize flooding in the adjacent neighborhoods. The proposed segment has a length of approximately 330 meters (1,082 feet) with a trapezoidal cross section for proper hydraulic functionality. The proposed channel cross-section is wider than the existing channel for higher flow capacity, with the same depth and elevation. The slope and elevation of the channel were designed based on the existing elevation below the bridges at both ends of the channel segment. Part of the proposed work will be located waterward of the Ordinary High Water Mark (OHWM). A total volume of 3,692 cubic meters of earth, vegetation, and existing gabion baskets would be removed. To construct the channel, 2,152 cubic yards of A-2-4 well compacted backfill and 1,635 cubic yards of concrete will be placed waterward of the OHWM.
A concrete retention wall will be placed outside of the OHWM. The wall will have the same length as the new channel segment, 330 meters, and the height will vary from 1.25 meters to 1.50 meters. The channel will also have an access ramp for maintenance on the north side of the Perla del Sur street bridge end, and it will be used as access for construction as well.
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 assures that the contractor will comply with an erosion and sedimentation control plan that includes straw bales, silt fences, a construction exit, and earth berms. A combination of straw bales, berms and still fences will be placed in designated strategic areas to retain suspended sediment. Silt fences will also be installed around all storage and staging areas to prevent materials from reaching drainage networks. Heavy equipment will be required to remove sediment from tires and chains prior to using the existing nearby roads.
Oil absorbent sorbents (pad, rolls, socks, booms) will be used as spill prevention control installed in designated areas of the project site depending on machinery and absorption capacity needed.
The Municipality of Bayamon will oversee the long-term management of the area and could implement special management projects. Special management projects are defined as required tasks of cleaning that would improve the overall success of the new construction channel in site. This would include removal of debris and sediment management to maintain adequate hydraulic functionality of the channel.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The project site contains minimal flora diversity, but it is covered with grown trees and shrubs that will need to be removed to increase flow of the channel. To mitigate the removal of vegetation necessary for construction activities, a Planting and Forestry Plan will be implemented in compliance with Planning Regulation No. 25, Planting Regulations, Cut and Forestation, of the Planning Board. The planting will comply with Law No. 97 of June 25, 1998. Biologist Laredo Gonzales has been hired to prepare the necessary documentation to monitor tree removal and implement the Planting and Forestry Plan. The Planting and Forestry Plan will ensure any loss of trees and vegetation is offset through the revegetation of the project site using native species.
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 Puerto Rican Boa (Chilabothrus inornatus). No designated critical habitat for any listed species is present at the project site. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act in a separate letter. The project proponent would be required to implement the U.S. Fish and Wildlife Service, Caribbean Ecological Services Field Office, Conservation Measures for the Puerto Rican boa (Chilabothrus inornatus) dated November 2020.
ESSENTIAL FISH HABITAT (EFH): This project is located inland away from Essential Fish Habitat. Therefore, consultation in accordance with the Magnuson-Stevens Fishery Conservation and Management Act is not required.
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.
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
marielys.ramos-villanueva@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 waters. 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, Marielys Ramos-Villanueva, 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
marielys.ramos-villanueva@usace.army.mil.
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; 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 ACT – FEDERAL CONSISTENCY: The Coastal Zone of the Commonwealth of Puerto Rico is legally defined as the: Strip of coastal land one thousand linear meters (1,000 m) inland, measured from the coast line, as well as additional distances needed to include key coastal natural systems. The location of the project site is not within the Coastal Zone.
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.