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: Mr. Yaser Abder
Puerto Rico Aqueduct and Sewer Authority
604 Barbosa Avenue
San Juan, Puerto Rico 00916
WATERWAY AND LOCATION: The project would affect waters of the United States associated with tidal wetlands located at the North side of San José Lagoon. The project site is located at the North side of San José Lagoon, and Teodoro Moscoso Bridge, Municipality of Carolina, Puerto Rico.
Directions to the site are as follows: At Luis Muñoz Marín International Airport take road PR-17 towards the South, near the Teodoro Moscoso Bridge.
APPROXIMATE CENTRAL COORDINATES: Latitude 18.43°
Longitude -66.018°
PROJECT PURPOSE:
Basic: Road
Overall: To re-build an access dirt road for rehabilitation and future maintenance of existing Los Angeles and Loiza trunk sewer pipeline and manholes.
EXISTING CONDITIONS: The wetland system consists of a tidal wetlands associated to San José Lagoon. In accordance to the applicant there is an old dirt road that serves as an access to the existing trunk sewer pipeline, the same was abandoned many years ago and covered with vegetation. The existing area surrounding the project area consists of vacant lands (uplands and tidal wetlands) where an underground trunk sewer pipeline of 30 inches and 36 inches in diameter goes through these lands. Main roads, the Luis Muñoz Marín International Airport and urban developments are adjacent to the project site, and the San Lagoon is located to the South side of the project.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 831 cubic yards of fill material (grounded karst rock) on approximately 0.51 acres of tidal wetlands for the construction of a permanent access dirt road. The dimensions of proposed access dirt road impacting wetlands are: 1,865 feet long by 12 feet wide. The construction of the access dirt road will start on both ends from uplands into the wetland area. Vegetation along the alignment of the road will be removed by a digger or excavator and deposit in trucks that will be located behind the digger. Access to the area is needed to remove vegetation, roots vegetation, flushing of the pipeline, setting a sewer bypass system and setting and running a sewer vacuum as part of rehabilitation works and maintenance works of the existing pipeline and manholes. The proposed rehabilitation method of the existing pipe that the applicant will carry out consists of cured in place pipe (CIPP) lining works. In accordance to the applicant, the CIPP lining works is a trenchless method technic. The rehabilitation method consists of setting a sewer bypass system, if necessary, to re-route wastewater to other nearby pipes during the pipe liner process; setting up and running a vactor truck (sewer vacuum) to keep the pipeline free of debris and water during the pipe liner process; the CIPP method involves inserting a flexible liner inside the pipeline, inflating the liner, and exposing it to heat or ultraviolet light to dry and harden the liner inside the pipeline; and opening and reinstating the sewer service. The liner forms like a smooth surface inside the existing pipe, restoring it to near-new conditions. In accordance to the applicant, the proposed CIPP method will not cause impacts to waters of the United States, and no staging areas or temporary fill are proposed in waters of the United States.
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 rehabilitation works will take place on an existing trunk sewer pipeline using a trenchless method that will not cause impacts to waters of the United States. Therefore, the use of this method avoids impacts on the aquatic environment. Proposed impacts for the construction of the access dirt road could not be avoided. In accordance to the applicant, the proposed access dirt road needs to be built adjacent and parallel to the existing trunk sewer pipeline for the proposed rehabilitation project and future maintenances. Impacts have been minimized by designing a dirt road with minimum footprint (width) to accommodate only one service vehicle.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant stated that compensation will take place in situ, equivalent to the area impacted by the entire length and width of the maintenance road.
CULTURAL RESOURCES:
The proposed works are part of Los Angeles and Loiza Trunk Sewer Project, which is a federally funded project by the Federal Emergency Management Agency (FEMA). FEMA is the lead agency for the proposed project for complying with this cultural resource’s component. In accordance with the FEMA’s Record of Environmental Consideration (REC) dated February 1, 2022, the project complies with Puerto Rico Programmatic Agreement among FEMA, PRSHPO, and the Central Office for Recovery, Reconstruction, and Resiliency (COR3), as amended November 13, 2019.
ENDANGERED SPECIES:
The proposed works are part of Los Angeles and Loiza Trunk Sewer Project, which is a federally funded project by the Federal Emergency Management Agency (FEMA). FEMA is the lead agency for the proposed project for complying with this endangered species component. In accordance with the FEMA’s Record of Environmental Consideration (REC) dated February 1, 2022, there are no effects on listed species or designated critical habitat.
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 0.51 acres of tidal wetlands adjacent to San José Lagoon. 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 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. 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, Fund. Angel Ramos Annex BLDG., Suite 202, 383 F.D. Roosevelt Avenue, San Juan, Puerto Rico 00918 or 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, Carmen G. Román, in writing at the Antilles Permits Section, Angel Ramos Annex BLDG., Suite 202, 383 F.D. Roosevelt Avenue, San Juan, Puerto Rico 00918; 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 Department of Natural and Environmental Resources – Point Sources Permit Division.
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.