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. Jan Fomferra
San Juan Cruise Port LLC
954 Ave. La Constitución, Suite 202
San Juan, Puerto Rico 00907
WATERWAY AND LOCATION: The project would affect navigable waters of the United States associated with San Antonio Channel at the east side of San Juan Harbor. The project site is located at the north side of Panamericano Piers 1 and 2, at the Municipality of San Juan, Puerto Rico.
Directions to the site are as follows: Luis Muñoz Rivera Expressway turn left (going west) on Fernández Juncos Avenue, turn left toward Isla Grande, keep on right lane and after the San Juan Bay Marina turn right at the stop light and turn right toward Isla Grande.
APPROXIMATE CENTRAL COORDINATES: Latitude 18.459117°
Longitude -66.098008°
PROJECT PURPOSE:
Basic: Cruise-ship port terminals.
Overall: To perform improvements to Panamericano Piers 1 and 2 cruise-ship port terminal.
EXISTING CONDITIONS: The San Juan Bay, including the San Antonio Channel is an active port area. Panamericano (I and II) Piers are used by cruise ships. The berthing areas of these piers have been dredged in past. The Environmental Sensitivity Index Map describes the existing shoreline habitat as sheltered, solid man-made structures. The cruise-ship port terminal structure existing at the project site consists of approximately 2,310 feet of a concrete deck with a metal sheet pilings seawall that runs parallel to the waterfront. In accordance to the Benthic Habitat Survey dated on October 2022, prepared for the project site, the maritime bottom seaward the waterfront up to 200 feet of distance, consists of fine grain non-consolidated sediments. No seagrasses or hardbottom are present at the proposed project site. In accordance to the survey the most common organisms found attached to the sheet piling are fouling organisms such as sponges, hydrozoans, bryozoans, crustaceans, sea urchins, coral polyps, polychaetae worms, seashells, Tunicates, and non-listed protected corals (Finger coral (Porites furcata), Coral (Phyllangia americana), Starlet coral (Sidastrea radians). In accordance with information provided by the applicant, scour cavities or holes are present in some areas along the existing sheet piling sea wall, which have been caused by vessels propeller wash. Also, the existing port structures have been deteriorated and damaged as a result of Hurricanes Irma and María in September 2017.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 1,040 cubic yards of fill material (rocks) on approximately 0.41 acres of navigable waters of the United States to fill two holes located at the maritime bottom at the north side of the existing sheet piling between station locations: 11+00 – 14+25 and 19+50 – 21+75; discharge of approximately 7,100 cubic yards of fill material (gravel) on approximately 0.12 acres on navigable waters of the United States between existing sheet piling and the proposed new sheet piling (stations location: 5+00 – 20+18); the installation of a new sheet piling of 1,520 feet long and 75 feet high at the north side of the existing sheet piling; demolition of portion of existing capping beam and construction of new concrete capping beam (1,520 feet long by 5 feet high); removal and relocation of 6 feet in diameter foam fenders, and removal and disposal of steel bollards and cleats, and installation of new bollards. The discharge of fill material in the holes is proposed up to the adjacent maintenance dredge elevation.
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 discharge of fill material in navigable waters of the United States as proposed is the required material to backfill between the existing sheet piling and new sheet piling, and to cover the scour cavities or holes as result of vessels propeller wash.
COMPENSATORY MITIGATION:
The applicant informed that the proposed works are improvements to a deteriorated and damaged infrastructure, the facilities are existing, and that based on the scope of the repairs, no impact is expected. No mitigation proposal was provided.
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 Corps has determined the proposed project may affect, but is not likely to adversely affect the Green sea turtle (Chelonia mydas), Hawksbill sea turtles (Eretmochelys imbricata), the Nassau grouper (Epinephelus striatus), the Giant Manta Ray (Manta birostris), the Scalloped hammerhead shark (Sphyrna lewini), and the Antillean Manatee (Trichechus manatus manatus). The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act on a 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. The proposal would impact approximately 0.53 acres of a sandy bottom mix with mud and silk sediments that may be utilized by various life stages of fisheries in the Caribbean. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the 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.
Navigation: The proposed activity is located in the vicinity of a federal navigation channel.
SECTION 408: The applicant would require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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.
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 by electronic mail at carmen.g.roman@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, Ms. Carmen G. Román, by electronic mail at carmen.g.roman@usace.army.mil or by telephone at (787) 370-3482.
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: Water Quality Certification is required from the Point Sources Permit Division of the Department of Natural and Environmental Resources.
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.