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: Gabriel G. Morales
Puerto Rico Aqueduct and Sewer Authority (PRASA)
604 Avenida Barbosa
Edificio Sergio Cuevas
San Juan, PR 00917
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Río Grande de Añasco. The project site is located on the river’s south bank, west of state road PR-430, near kilometer 1.3, in Cañas Ward, Añasco.
Directions to the site are as follows: From Expressway PR-22, take the exit to State Road PR-109 West towards the town of Añasco. After passing the Añasco downtown, take road PR-430 southbound for 1.8 kilometers. Take a right at a municipal road and continue for 800 meters. Existing and proposed intakes are located to the right.
APPROXIMATE CENTRAL COORDINATES: Latitude: 18.26385°
Longitude: -67.134142°
PROJECT PURPOSE:
Basic: Municipal Water Supply
Overall: The purpose of the project is to build a raw water intake (RWI) in the Rio Grande de Añasco to improve the existing water supply system that feeds the Miradero Filtration Plant in Mayaguez.
EXISTING CONDITIONS: The Río Grande de Añasco is a freshwater system. The stream segment for the proposed project is a natural undisturbed channel. The existing area surrounding the project area consists of a rural undeveloped area. The other structure in the area is the current RWI, located 25 meters downstream of the proposed project location. The existing RWI supplies water to the Miradero Filtration Plant in Mayaguez, which is the most important filter plant in the area, supplying 20 million gallons per day to 64,000 families in the west region.
PROPOSED WORK: The applicant seeks authorization for the construction of a new RWI structure with 15 million gallons per day capacity by conducting the following activities:
Install a concrete weir immediately downstream of the intake to control water levels, 164 feet of 48-inch diameter pipeline, and a fish ladder.
The permanent discharge of 1,268.05 cubic yards of riprap/concrete along 488 feet of riverbank upstream of the intake; 233 feet along the south bank and 255 feet along the north bank.
Excavation of 1,893 cubic yards of earth and vegetation.
Temporary discharge of 1,067.42 cubic yards to install a temporary berm to divert river flow and facilitate dewatering of the work area.
The project will result in the permanent impact of 0.1884 acre and temporary impact of 0.1497 acre of the river. All temporary fill will be removed, and the impacted areas will be graded to the pre-existing contour elevations.
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 complete avoidance of impacts is not possible due to the nature of the project in which the proposed action is located inside the river channel. However, impacts to the river will be minimized by placing equipment to be used during the construction phase of the project on upland areas which will cause fewer temporary impacts to the river. The temporary river diversion will be open during the construction phase to maintain water flow and prevent impacts to the aquatic flora and fauna o the area. Once the project is finished and the temporary berm (fill material) will be removed, and the river will flow as usual. The applicant will utilize Best Management Practices (BMPs) to ensure the project does not exceed water quality standards.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The PRASA will comply with any compensatory mitigation required by the USACE to mitigate impacts caused by the proposed activities. Although due to the type of project and its location, the permanent impacts will be minimal, and no compensation is proposed.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Puerto Rican Boa (Chilabothrus inornatus) or its designated critical habitat. 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 will be required to implement the U.S. Fish and Wildlife Service, Caribbean Ecological Services Field Office, Conservation Measures for the Puerto Rican boa 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.
WATER QUALITY CERTIFICATION: 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 by electronic mail at
marielys.ramos-villanueva@usace.army.mil, or by regular mail 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. 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, Marielys Ramos-Villanueva, in writing by electronic mail at
marielys.ramos-villanueva@usace.army.mil, or by regular mail 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.
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.
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: 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 coastline, 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.