SAJ-2024-00380

TO WHOM IT MAY CONCERN: 

To streamline the processing of Department of the Army permits for minor, substantially similar activities, the Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to combine and reissue General Permits SAJ-81 and SAJ-85 under a single regional general permit (RGP), SAJ-115. The draft SAJ-115 is included at the end of this public notice.

Minor activities that would be authorized by the SAJ-115 include the following:

1. Maintenance dredging at the mouths of navigable rivers, creeks, streams, canals and storm drainages subject to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403).

2. Discharges of dredged or fill material into non-navigable streams subject to Section 404 of the Clean Water Act (33 U.S.C. § 1344), associated with the maintenance, enhancement or restoration of stream channels conducted or supervised by the Puerto Rico Department of Environmental and Natural Resources (DNER).

Activities would occur within various tidal and non-tidal waters of the United States including, but not limited to, rivers, creeks, streams, canals, and storm drainages across the island of Puerto Rico, not including geographic exclusion areas listed in the permit or areas otherwise excluded by the terms and conditions of the permit.

BACKGROUND: On September 22, 2015, the Corps issued General Permit (GP) SAJ-81 for the maintenance dredging the mouths of rivers, creeks, streams, canals and/or storm drainages located in navigable waters of the United States. The permit expired on September 22, 2020. On June 27, 2016, the Corps issued GP SAJ-85 for the discharge of dredged or fill material in non-tidal waters of the United States associated with the maintenance, enhancement, or restoration of stream channels conducted or supervised by the Puerto Rico Department of Natural and Environmental Resources (DNER). The permit expired on June 27, 2021. The DNER and stakeholders in Puerto Rico have requested the GPs be reissued. The Corps determined a combination of the GPs under a new number for reissuance would streamline the authorizations and allow for more efficient oversight and protection of natural resources.

The Corps anticipates continued utilization of the SAJ-115 to address future requests for minor work within the authorized geographic area. This RGP improves efficiencies for the review and verification of minor activities, thus improving service to the regulated public. This RGP will be coordinated with Federal and State resource agencies to address federal laws such as the National Historic Preservation Act and the Fish and Wildlife Coordination Act.

The term “General Permit” means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits are a way to reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. After five years, general permits may be reissued, suspended, or revoked.

An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via an individual permit, but the application must be individually evaluated and coordinated with third parties, including the federal and state resource agencies. Review of an application for an individual permit takes additional time to complete as conflict resolution may be required.

All of the sites occurring in tidal waters are existing connections to ocean waters where they intersect with the various rivers, streams, creeks, canals, and/or storm drainages. Some of these waters have silted in from the downstream transmittal of sediment and debris, or had sand accumulate at the mouth from wave action and/or typical onshore sand transportation from ocean currents. These accumulations can form a blockage or sand bar at the mouth of the waterway, creating flood hazards during heavy rain events. The water backs up behind the sand bar and floods the surrounding low-lying areas, causing severe damage and potential human/public safety concerns. Some of the waterways have adjacent communities which have been constructed in low-lying areas and are vulnerable to damaging flood waters and the issues that arise with severe flooding. The accumulation of sediment at the mouths of the waterways is a typical and natural situation and most of the time clears itself through normal “blowouts;” however, increased development and erosion upstream have increased the amount of sediment and debris that is deposited and created areas where natural “blowouts” are unable to clear the blockage. In addition, there are large amounts of vegetative debris that has been washed downstream, adding to the accumulation. There is a dynamic ecological balance between the non-tidal freshwater systems and the tidal saltwater systems. The sandbars/blockages form temporary dividers that are part of the natural systems and are needed to keep the balance in these distinctive ecotones. The nutrients, some debris, and sediment are needed to support other functions and habitats in the downstream waters and offshore as well. For example, minor amounts of debris are safe havens for juvenile fish species that support the food web for many species, including economically important game fish offshore. The nutrients support many different aspects of the food web and life cycles of both plants and animals in the aquatic regions of Puerto Rico. The main focus of the tidal portion of the RGP-115 is to remove enough sediment and debris to open the mouths of the waterbodies so that normal flow can resume and allow for natural “blowouts” of the sandbar/blockages; and to provide an avenue to maintain problem areas to alleviate flooding and public safety issues. The general permit is not intended to allow for full dredging of the mouths of the waterbodies.

The non-tidal, upstream sites periodically experience excess sedimentation and sand deposits from stormwater runoff and erosion of stream channels, leading to accumulation of these deposits along the bed and banks of streams within the interior of the island of Puerto Rico. These excess sediment and sand deposits contribute to blockage of pipes and box culverts built under road crossings and impede the free flow of the streams creating potential dangerous flooding situations to surrounding communities, especially during heavy rain events. These non-tidal blockages have the same, if not more, potential for creating hazards to life and property related to flooding than the proposed mouths of waterbodies, as the accumulation of these sediments are less prone to natural “blowouts.”

AVOIDANCE AND MINIMIZATION INFORMATION: The dredging and discharges of dredged or fill material of, and into, waters of the United States authorized by this permit must be limited to the minimum necessary to maintain, enhance, or restore the waterbodies’ hydraulic capacities to prevent and minimize flood related hazards to life and property. The permit does not authorize full dredging of tidal waters, nor does it authorize stream channelization or stream channel relocation in non-tidal waters. The tidal portion of the authorization is limited to maintenance dredging the volume of material necessary (based on depth and width of the waterway) to remove the blockage of sand and accumulated sediment, such to allow for the normal flow of the impeded waterway. The depth of dredging will not exceed -1 meter NGVD and the width of the dredging will not exceed 50% of the width of the waterway measured at the location of the sandbar within the mouth. All dredged material will be deposited in an upland area in the vicinity of the work site with appropriate erosion control measures and once dried, spread above the ordinary high water line/high tide line or removed from the site to a different upland location. The spread of the dredged sand shall be accomplished only after the area has been surveyed for the presence of sea turtle nests. Work will be performed from the uplands or the tops of the banks of the waterway whenever possible and the permit does not authorize temporary or permanent fills in navigable waters necessary for access or to perform dredging. The proposed dredging may be conducted no more than twice per calendar year at any given waterway and is limited to the main island of Puerto Rico. The non-tidal portion of the authorization is limited to a maximum of one acre of fill within waters of the United States, or a maximum of 200 linear meters along the stream channel, including permanent and temporary impacts. The permit does not authorize discharge of dredged or fill material into special aquatic sites.

COMPENSATORY MITIGATION: No compensatory mitigation is required since this authorization does not allow for the discharge of dredged or fill material into special aquatic sites. A condition for the non-tidal portions of the authorization will require re-vegetation of the upper portions of affected stream banks with non-nuisance plant species to provide habitat for birds and reptiles and the prevention and reduction of further erosion and sedimentation.

CULTURAL RESOURCES:  The Corps has determined that the reissuance of the RGP SAJ-20 has “no effect” on historic properties. Each activity proposed for authorization under the SAJ-115 will be evaluated for compliance with Section 106 of the National Historic Preservation Act (NHPA) and the guidelines of 33 CFR Part 325, Appendix C.

For each activity proposed for authorization under the SAJ-115, the Corps will conduct an individual evaluation of the activity’s potential effects to historic properties and Tribal resources, in accordance with Section 106 of the NHPA and Tribal Trust responsibilities.

No activity shall be authorized under this RGP which is likely to adversely affect historic properties listed on, or eligible for listing on the National Register of Historic Places.

If the proposed activity requires consultation under the NHPA, the proposed activity cannot be authorized under this RGP until consultation with the State Historic Preservation Office and other appropriate consulting parties is initiated and concludes with a determination that the activity has little likelihood to affect a historic property.

ENDANGERED SPECIES: 

The Corps has determined the proposed projects may affect, but are not likely to adversely affect the species listed in Table 1, will have no effect on the species in Table 2, and may affect, but is not likely to adversely affect the critical habitats listed in Table 3.  The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act. 

Table 1. ESA Listed Species – May Affect, Not Likely To Adversely Affect

Table 2. ESA-listed Species – No Effect

Table 2. ESA-Listed Critical Habitats in the Action Area – May Affect, Not Likely To Adversely Affect

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 Corps has determined the authorized activities will have minimal effect to essential fish habitat.  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.

WATER QUALITY CERTIFICATION: The Corps will request general water quality certification from the Puerto Rico Department of Natural and Environmental Resources (DNER).

COASTAL ZONE MANAGEMENT CONSISTENCY: The Corps will request general coastal zone consistency concurrence from the Puerto Rico DNER.

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 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.

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 regarding the potential authorization of the SAJ-115 should be submitted in writing to Michael Ornella II at Michael.Ornella@usace.army.mil within 30 days from the date of this notice.

QUESTIONS concerning this application should be directed to the project manager, Michael Ornella II, in writing at the Miami Permits Section, 701 San Marco Boulevard, Jacksonville, FL 32007; by electronic mail at Michael.Ornella@usace.army.mil; or, by telephone at (904)232-1498.