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: Ann Ventura
Autoridad de Acueductos y Alcantarillados
604 Ave. Barbosa
Edif. Sergio Cuevas, Hato Rey
San Juan, PR 00917
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Bayamon River and Guaynabo River. The project site is located at State Road PR-833, Km 12.1, Bo. Frailes, Guaynabo, Puerto Rico.
Directions to the site are as follows: From State Road PR-177 West, take left at the Ave. Los Filtros traffic light. Continue along Ave. Los Filtros until you reach the PR-833 roundabout. Take PR-833 South for 100 meters, then enter the asphalted road that leads to the Stan Rosa II PS located to the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 18.374167º Longitude: -66.133611
PROJECT PURPOSE:
Basic: Improvement to Raw Water Intake Infrastructure.
Overall: To improve the efficiency, reliability, and operational efficiency of the raw water intake infrastructure for a more consistent and high-quality water supply by performing improvements.
EXISTING CONDITIONS: According to an Executive Summary prepared by CM Engineering Group on October 2023, the Santa Rosa II Raw Water Intake (RWI) and Raw Water Pump Station (RWPS) supply a maximum of 15 million gallons per day (MGD) of raw water to the Los Filtros Water Filtration Plant (WFP). The intake and pump station are located in the municipality of Guaynabo, north of state road PR-833. It consists of a lateral-extraction type intake on the right bank of Río Guaynabo. Because this intake and its river dam are located at the confluence of Río Bayamón and Río Guaynabo, this causes flow from Río Bayamón to also be captured by the intake. A gravity pipeline of approximately 50 meters long delivers water from the intake to the raw water pump station. The reliability and sustained economical operation of this intake and pump station are compromised by multiple problems related to
sediment entrainment and accumulation at the intake within the raw water pipeline and
inside the pump pits. The RWI suffers from sediment accumulation at the entrance, and
diverted sediment causes excessive wear of the pumps. Debris conveyed through the
intake also creates operational problems.
PROPOSED WORK: The applicant seeks authorization for the following components:
River Dam and Scour Protection:
Permanent impacts of 0.29-acre of waters of the US for demolition of existing river dam, and the construction of new 252.63-feet wide concrete dam.
Permanent of 0.31-acre of waters of the US for the installation of riprap across 72.18-feet downstream of the dam.
Fish Ladder:
Permanent impacts of 0.03-acre of waters of the US for installation of 314.96-feet of fish ladder consisting of prefabricated stainless-steel section on the left (west) river dam embankment and installation of a concrete sidewalk next to the fish ladder for maintenance.
Intake and Desander:
Permanently impact 0.18-acre of waters of the US for the following: construction of new raw water intake with a capacity of 20 MGD, desander, and 75 meters (246.1 ft) of new 48-inch diameter concrete pipeline connecting the intake, the desander and the pump station, concrete access road will be constructed to reach intake/desander. Following construction of these components, the area will be backfilled with rock and fill.
Following construction of these components, the area will be backfilled with rock and fill. The material to be discharge into US Waters for the construction of the intake, desander and access road are concrete, steel rebar, rock, and earth fill. The existing raw water intake will be abandoned and not demolished.
Bank Stabilization:
Permanently impact 0.27-acre of waters of the US for bank protection consisting of riprap. The left (southwest) bank will be protected along a length of 144.36-feet, and the right (northwest) bank will be protected along length of 597.11-feet. Area between the riprap and existing bank will be back filled with earth fill. The material to be discharge for the construction of the bank stabilization measures are rock and earth fill.
Sheet Pile:
Permanently impact 0.03-acre of waters of the US for the installation of approximately 147.64-feet of sheet piling to be placed on the right (northwest) bank immediately downstream of the PR-833 bridge. The toe of the sheet pile will be protected with riprap and the area between the bank and the sheet pile will be backfilled with earth fill. The material to be discharge for the installation of the sheet pile are steel, rock and earth fill.
Raw water pipeline:
Permanently impact 0.0007-acre of an unnamed stream for the installation of a 30-inch diameter raw water pipeline.
Temporary Impacts:
Temporarily impact 0.86-acre of waters of the US for construction of a temporary berm at Río Bayamón and Río Guaynabo, and the movement of equipment during the construction process, causing sediment transport downstream of the project area. The temporary berm will be used to divert river flow and facilitate dewatering of the work area. An increase in sediment will be carried downstream due to riverbed disturbance as result of the equipment movement. However, this impact will only occur during the construction phase. After completion of the work, sediment will follow its natural transport pattern.
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 project layout was developed based on a variety of criteria, including effectiveness,
avoidance and/or minimization of impacts to jurisdictional waters and sustainability.
Avoidance
The avoidance of impacts was not possible due to the nature of the project in which the
proposed action is located inside the river channel. The existing intake is not providing
an adequate service and its maintenance cost makes this intake a problem for both
PRASA and the general public.
Minimization
The intake is located at an area that is naturally devoid of sediments. This will minimize
the amount of impacts associated with dredging, both during the construction and
operational phases.
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 less temporary
impacts to the river.
Temporary river diversion will be open during the construction phase to maintain water
flow and prevent impacts to the aquatic flora and fauna of the area. Once the project is
finished and the temporary berm (fill material) is removed, the river will flow normally.).”
COMPENSATORY MITIGATION – The applicant has provided the following explanation on compensatory mitigation:
“PRASA will comply with any compensation necessary required by the USACE to
mitigate impacts of the project. 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.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect but is not likely to adversely affect the Puerto Rican Boa (Chilabothrus inornatus). No designated critical habitat for any listed species is present at the project site. 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 would be required to implement the U.S. Fish and Wildlife Service, Caribbean Ecological Services Field Office, Conservation Measures for the Puerto Rican boa (Chilabothrus inornatus) 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.
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: 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 coast line, 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.