TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a complete prospectus proposing the establishment of a mitigation bank pursuant to the 2008 Compensatory Mitigation for Losses of Aquatic Resources regulations (33 CFR Part 332) as described below:
SPONSOR: The Conservation Trust of Puerto Rico
c/o Mr. Fernando Lloveras
Executive Director
PO Box 9023554
San Juan, Puerto Rico 00902-3554
LOCATION: The proposed project, identified as the Puerto Rico Conservation Trust Fund Umbrella Mitigation Bank (PRCTFUMB), consists of a proposed umbrella mitigation banking instrument with two initially proposed mitigation bank project sites. The mitigation bank sites are listed below.
The Hacienda La Esperanza (HLE) Site encompasses 341.30 acres located near Hwy. PR-616, Km. 2.7, Tierras Nuevas Poniente Ward, between the Río Grande de Manatí and the Tortuguero Lagoon, Municipality of Manatí, Puerto Rico. The HLE Site is located on the 2,150.5-acre Hacienda La Esperanza Nature Reserve (HLENR), which is owned by the Sponsor. The HLENR is currently used for natural conservation and educational programming and includes some area used for small scale agriculture. The HLE Site is comprised of former sugarcane fields, and the hydrology has been altered by ditching and road work. The HLE Site consists of 4 proposed mitigation units.
The Los Frailes (LF) Site encompasses 121.05 acres and is located near Hwy. PR-8874, Torrecilla Ward, Municipality of Loíza, Puerto Rico. The LF site is part of a larger tract comprised of approximately 680 acres. The LF site lies adjacent to extensive mangrove forests and previously approved permittee responsible wetland compensatory mitigation sites. The LF Site consists of 2 proposed units.
APPROXIMATE CENTRAL COORDINATES: HLE SITE
Latitude: 18.466023°
Longitude: -66.514424°
LF SITE
Latitude: 18.422533°
Longitude: -65.911417°
PROSPECTUS SUMMARY: Pursuant to 33 CFR 332.8(d)(4), the Corps has posted a full copy of the PRCTFUMB prospectus online so that it is available for review by the public. The prospectus may be downloaded from the Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) at web address: https://ribits.ops.usace.army.mil/ords/f?p=107:2.
Once on the RIBITS homepage, select "Jacksonville" from the "ALL DISTRICTS" drop down menu located in the lower left corner of the screen. Once the district filter has been selected, click on the “Banks & ILF Sites” link located in the Navigation box (upper left corner). This will generate a list of projects, scroll down the list and click on the “Puerto Rico Conservation Trust Fund Umbrella MB” link. On this page, click on the "Cyber Repository" link located on the menu bar above the General Information box, then click on the Prospectus Documents folder to access the prospectus associated with the PRCTFUMB project.
If you are unable to access the web address, a copy of the prospectus is available upon request to the project manager listed at the end of this public notice.
BACKGROUND: A Public Notice advertising the PRCTFUMB prospectus was originally issued on November 5, 2015. The original prospectus consisted of four mitigation bank sites identified as HLE, LF, Santa Agueda, and Punta Cabullones. Based on the review of the prospectus and comments received from members of Puerto Rico Interagency Review Team, a positive initial evaluation letter was issued on March 10, 2016. The letter included a series of recommendations, which eventually resulted in the submittal of a modified proposal consisting of two of the originally proposed mitigation bank sites (i.e., HLE and LF Sites) and the expansion/revision of boundaries for both proposed HLE and LF Sites.
PROJECT GOALS AND OBJECTIVES: The Sponsor seeks authorization to re-establish, rehabilitate, enhance, and preserve and protect wetlands and uplands on two mitigation bank sites under the PRCTFUMB mitigation banking instrument totaling 462.35 acres.
HLE SITE: The primary ecological goal of the HLE Site is to rehabilitate, re-establish, and/or enhance approximately 341.30 acres of freshwater/brackish forested and herbaceous habitats to ultimately improve fish and wildlife habitat use/connectivity, and the overall integrity of ecological communities within the Cibuco-Guajataca Watershed. Specific restoration objectives include:
Unit 1 (61.42 acres)
Rehabilitation of +/- 24.09 acres of Pterocarpus forests within the existing
wetland fields through cessation of agricultural activities, removal of exotics, re-establishment of appropriate hydrology, and supplemental planting.
Rehabilitation of +/- 14.83 acres of brackish forests within the existing wetland
fields through the cessation of agricultural activities, removal of exotics,
hydrological improvements. and supplemental planting.
Enhancement of +/- 22.50 acres of freshwater herbaceous wetlands through
hydrologic improvements, removal of exotics, and supplemental planting.
Unit 2 (97.56 acres)
Rehabilitation of +/- 70.50 acres of Pterocarpus forest within the existing
wetland fields through cessation of agricultural activities, installation of a 15-meter ditch plug, removal of a drainage culvert, installation of a low water crossing to improve sheet flow, removal of exotics, and planting.
Enhancement of +/- 27.01 acres of freshwater herbaceous wetlands through
hydrologic improvements, removal of exotics, and supplemental planting.
Rehabilitation of +/- 0.05 acres of freshwater herbaceous wetlands in existing
wetland fields resulting from the excavation of fill material to be used to plug
the drainage ditch and supplemental planting.
Unit 3 (124.93 acres)
Rehabilitation of +/- 80.38 acres of Pterocarpus forest within the existing
wetland fields through cessation of agricultural activities, installation of three low water crossings to remove the effects of roads that are impounding water on the southern part of the unit, filling of approximately 45 meters of ditches, removal of exotics, and planting.
Reestablishment of +/- 36.24 acres of Pterocarpus forest within existing upland
fields, cessation of agricultural activities, removal of exotics, and planting.
Enhancement of +/- 7.77 acres of existing freshwater herbaceous wetlands
through hydrologic improvements, removal of exotics, and supplemental
planting.
Rehabilitation of +/- 0.54 acres of freshwater herbaceous wetlands in existing
wetland fields through the cessation of agricultural activities, excavation of
approximately 900 cubic meters of fill material to be used to fill ditches, removal
of exotics, and planting.
Unit 4 (57.39 acres)
Rehabilitation of +/- 46.03 acres of Pterocarpus forest within the existing
degraded wetland field habitat through removal of nuisance and exotics and planting.
Rehabilitation of +/- 11.36 acres of brackish forest within the existing degraded
marsh habitat through removal of nuisance and exotics and planting.
LF SITE: The primary ecological goal of the LF Site is to rehabilitate and enhance approximately 121.05 acres freshwater/brackish forested habitats adjacent to Bosque Estatal de Piñones to ultimately improve fish and wildlife use/connectivity and the overall integrity of the communities within the Eastern Puerto Rico watershed. Specific restoration objectives include:
Unit 1 (58.43 acres)
Rehabilitation of +/- 44.70 acres of Pterocarpus forest within the existing degraded marsh habitat through removal of nuisance and exotics and planting.
Rehabilitation of +/- 13.73 acres of brackish Pterocarpus forest within the existing degraded marsh habitat through removal of nuisance and exotics and planting.
Unit 2 (62.62 acres)
Rehabilitation of +/- 41.51 acres of freshwater Pterocarpus forest within the existing degraded marsh habitat through removal of nuisance and exotics and planting.
Rehabilitation of +/- 21.11 acres of brackish Pterocarpus forest within the existing degraded marsh habitat through removal of nuisance and exotics and planting.
ECOLOGICAL SUITABILITY OF THE SITE: A review of available information indicates that the project sites historically consisted of the following conditions.
HLE SITE: The HLE Site was historically dominated by wetlands that were converted into sugarcane fields on the 19th century. During this time, a network of canals and ditches were dug to drain the landscape and the bloodwood (Pterocarpus officinalis) swamps were cleared. By the mid-1900s the sugar industry started to decline in the region, and by 1980’s it had all but disappeared from the Island. The majority of the abandoned sugar plantations have been converted to crops, hay fields, or banana plantations, while some fields have been left abandoned and are occasionally mowed.
LF Site: The LF Site was historically dominated by forested wetland communities but was cleared and drained prior to 1930 for sugarcane production. The Site transitioned into cattle pastures before agricultural use of the site ceased in the 1980s-1990s.
ESTABLISHMENT AND OPERATION OF THE BANK: The proposed PRCTFUMB would be established and operated by the Conservation Trust of Puerto Rico (TCTPR) as the Sponsor with the assistance of EarthBalance. Following the successful implementation and attainment of final success criteria of each mitigation bank site, Para La Naturaleza, a non-profit organization created in 2013 to act as a separate legal entity to provide administration of the TCTPR and to manage its projects and programs, would act as the Long-Term Steward. In addition, the Sponsor will provide sufficient financial assurances to ensure construction and long-term management of the proposed mitigation banks under the PRCTFUMB.
PROPOSED SERVICE AREA:
The Sponsor proposes to establish two separate service areas (one per site):
HLE SITE: The HLE Site is located within the Cibuco-Guajataca Subbasin identified as Hydrologic Unit Code (HUC) 21010002. The proposed service area for the HLE is comprised of the entire Cibuco-Guajataca Subbasin 8-digit HUC.
LF SITE: The IF Site is located within the Eastern Puerto Subbasin identified as HUC 21010005. The proposed service area for the LF Site is comprised of the entire Eastern Puerto Subbasin 8-digit HUC.
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 Office.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect but is not likely to adversely affect the Puerto Rican Boa (Chilabothrus inornatus), Puerto Rican Crested Toad (Peltophryne lemur), and Palo de Rosa (Ottoschulzia rhodoxylon). The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
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 Indian River Lagoon and Atlantic Ocean. 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 Sponsor 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 Sponsor. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.
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.
COMMENTS: Comments regarding the proposed mitigation bank should be submitted in writing to the District Engineer at the address below within 30 days from the date of this notice.
The initial evaluation pertaining to whether or not the mitigation bank proposal has the potential for providing compensatory mitigation for activities authorized by issued Department of the Army permits will be based on the information contained in the prospectus, received from this public notice, and obtained during an inspection of the project site.
If you have any questions concerning this proposed project, you may contact Ms. Vivian Gerena by electronic mail at Vivian.Gerena@usace.army.mil or by telephone at 904-232-2209 or at the following address:
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P. O. BOX 4970
JACKSONVILLE, FLORIDA 32232-0019
IMPACT ON NATURAL RESOURCES: Preliminary review of this proposal indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
EVALUATION: After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by Department of the Army permits.
The 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 proposed activity. All comments received will be considered by the Corps during the formulation of the initial determination of potential for 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.