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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Antonio L. Ortiz
Reefscaping HJR
P.O. Box 1553
Boqueron, PR 00622
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project sites (220) are located at Rompe Olas Beach, Municipality of Aguadilla, Puerto Rico.
Directions to the site are as follows: The project sites will be located to northwest coast of P.R. near the coast of Aguadilla. From San Juan take the express way PR 22 to Hatillo and at the end, exit at PR-2 to Aguadilla. Turn right at PR-2R (Av. San Carlos) and turn right at PR-111 toward the Aguadilla Rompe Olas. The accessibility is by boat or swimming from the Rompe Olas or from the beach using fins, mask, and snorkel when sea conditions allow it.
APPROXIMATE CENTRAL COORDINATES:
Zone A: Latitude: 18.438029º Longitude: -67.158031
Zone B: Latitude: 18.435596º Longitude: -67.158324
PROJECT PURPOSE:
Basic: Artificial Reefs Burials.
Overall: To enhance marine biodiversity, support ecological restoration efforts, and contribute to sustainable coastal management by implementing an artificial coral reef burial.
EXISTING CONDITIONS: According to a benthic study conducted by HJR Reefscaping, the study area and the proposed footprint is dominated by large extensions of fine unconsolidated sediments and sand with invertebrates. This habitat consisting of fine sediment substratum was colonized by patches of cyanobacteria. The benthic surveys of the hard ground areas of exposed rocky surfaces had higher biological diversity in shallower (7-10-feet) areas adjacent to the coastline. In the areas where the placement of the reef modules is proposed the predominant habitat is 96% sand unconsolidated sediment. No coral or fish species designated as Threatened under the Endangered Species Act were present in the footprint area surveyed. This can be partially explained by a lack of suitable hard substratum for colonization. Corals designated as Threatened were present on shallower hard ground located at a distance of more than 65-feet from the proposed project’s footprint.
PROPOSED WORK: The applicant seeks authorization for the installation of (220) artificial reef structures (17.76-square-feet each; 3,907.2-square-feet total). The depth ranges from 20 to 22-feet in this area and all artificial reefs will be deployed over a sandy sea floor at 32 to 82-feet from nearby habitats classified as consolidated pavement with scattered corals, sponge and gorgonians. The structures are made up of modular artificial dome like structures that mimic a coral reef patch and a constructed with a mixture of sand, limestone gravel, source silica (from crushed bottles to reduce pH) and cement. The proposed project would become the first marine burial project in Puerto Rico that incorporates the remains of deceased relative while providing areas for life to flourish in the ocean by providing local habitat to coral reef creatures.
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 artificial reefs structure will be constructed on land and transported to the shoreline of Aguadilla where they will be floating using air lifting bags and transported using small vessel to the project site. Once on site it will be slowly place on seabed and anchored to the sand seafloor using Helix JR. Mooring Anchor from Helix Mooring Systems, Inc. All marine activities will take care of nearby marine organism as recommended by the DRNA (we will include a marine observed in our staff).”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“Due to the nature of the project, which is to provide new maritime habitat that enhance the aggregation and production patterns of marine fishes.”
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.
ENDANGERED SPECIES:
The U.S. Army Corps of Engineers (Corps) has determined the project may affect, “but is not likely to adversely affect” (“MANLAA”) the West Indian manatee (Trichechus manatus) or its designated critical habitat. Informal Consultation with US Fish and Wildlife Service (USFWS) was initiated on July 7, 2023. USFWS concurred with the Corps determination on July 18, 2023.
The Corps will evaluate the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated November 20, 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); Giant manta ray; North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. Based on past permitting practices of the Corps and review of consultations with similar in-water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of designated CH. For this verification, the Corps conducted a project specific review to ensure that all of the PDCs were met. Therefore, the Jacksonville District satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview.
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 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.
Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.
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.
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. Angel Ramos, Annex Bldg., Suite 202, 383 F.D. Roosevelt Ave., San Juan, Puerto Rico 00918, and to the project manager at: luis.o.betancourt@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, Luis O. Betancourt, in writing at the Antilles Permits Section, Fund. Angel Ramos, Annex Bldg., Suite 202, 383 F.D. Roosevelt Ave., San Juan, Puerto Rico 00918; by electronic mail at luis.o.betancourt@usace.army.mil; or, by telephone at (305) 431-3596.
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.
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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification is required from the Department of Natural and Environmental Resources.
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.