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: Mr. Marlon Mellado, MPCPR Real Estate, LLC./MPCPR Operating, LLC
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Sardinera Bay, which is part of the Atlantic Ocean. The project site is located at Marina Puerto Chico in Fajardo, Puerto Rico.
APPROXIMATE CENTRAL COORDINATES: Latitude 18.3462°
Longitude -65.6339°
PROJECT PURPOSE: Help meet long-term vessel berthing and marine transient tourism demands and further stimulate economic development in the Fajardo area. Marina Puerto Chico is at full capacity and requests from transient boaters have been increasing in recent years. In order to meet the demand provided by both the local and transient boater market, the marina is proposing to develop three new floating docks. The project will provide 19 transient slips and 22 permanent slips, plus 173.2 meters of continuous transient side berthing.
PROPOSED WORK: The applicant seeks authorization to install three floating docks, including finger piers, guide piles and mooring piles. Dock A1 would be a floating wave attenuator (173.2 meters (m) long by 3 m wide) with 27 vessel slips. It would have 13 fingers, one end finger, 43 steel guide piles (24-inch diameter), and 13 steel mooring piles (20-inch diameter). Dock A2 would be 91.5 m long by 2.4 m wide and would have 13 slips, five fingers, one end finger, 21 steel guide piles (24-inch diameter), and six steel mooring piles (20-inch diameter). The proposed Access Dock would be 71 m long by 2.5 m wide with a side slip. It would have twelve 24-inch diameter steel piles. In addition, an 11 m long by 1.8 m wide ADA compliant aluminum gangway would be installed.
All floating structures (i.e., docks and fingers) will be delivered to the site
by trucks, staged at the end of the existing breakwater and will be lifted and placed in the water by a land-based crane. The Puerto Rico Department of Natural and Environmental Resources will be responsible for obtaining authorization for and installing the proposed channel demarcation buoys and traffic control markers. A portion of this work is being funded through a U.S. Fish and Wildlife Service Boating Infrastructure Grant through the Sport Fish Restoration Program.
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 applicant has avoided impacts to marine waters through project design. The floating wave attenuator system was selected to avoid impacts to the seafloor from a traditional rubble mound breakwater. A rubble mound breakwater would have resulted in 9,730 cubic yards of fill over a 0.82 acre area. The floating wave attenuator, plus all other floating docks and piles would cover an area of 0.33 acres and, aside from the piles, will not directly impact the seafloor.
Marina Puerto Chico has a strict and rigorous environmental protection program which includes a no dumping policy, available pump-out stations, used oil disposal facilities, and marine mammal observation signs. The marina will install additional signage for the protection of marine species and ecosystems in collaboration with the Corps, the National Marine Fisheries Service, and the U.S. Fish and Wildlife Service (USFWS). All conservation measures in the NOAA Protected Species Construction Conditions and NOAA Vessel Strike Avoidance Measures, as well the as the USFWS manatee conservation measures will be followed.
COMPENSATORY MITIGATION: The applicant has not offered a compensatory mitigation plan to offset impacts to the aquatic environment. The applicant believes that with the implementation of the avoidance and minimization measures described above, there will be no more than minor impacts to the aquatic environment.
EXISTING CONDITIONS: Sardinera Bay is located on the eastern coast of Puerto Rico on the edge of Fajardo. Marina Puerto Chico is the largest of three marinas located within Sardinera Bay. This area is an international yachting destination, located adjacent to several local cayes and small islands for single day or multiple day boat trips, and world-renowned snorkeling and fishing. The existing marina has been in operation since the early 1970s. The marina offers 244 wet slips, 384 drystacks, launch ramps, a diesel and gasoline fuel dock, potable water pump stations, electricity, WIFI, solid waste disposal, convenience store, and three restaurants. The marina is utilized by both local and transient boaters. The newly proposed structures will be adjacent to a rubble mound breakwater.
Marina Puerto Chico is currently a static dock marina, subjected and vulnerable to large water level variations mostly attributed to storm surge and set up. The introduction of floating docks into the marina provides for a more resilient docking system which naturally adjusts to extreme water level variations caused by hurricanes and storms. Hurricane Maria generated over 5 feet of storm surge which caused vessels to float over the static dock deck elevations, resulting in significant boat damage as well as dock damages. A met-ocean study was completed to estimate the environmental load parameters for wave attenuation and mooring analyses as required for the floating wave attenuator design.
On May 31, 2018, a field survey of the benthic resources from an area located to the east and south of the existing breakwater was performed by Tetra Tech. The main objective of the study was to describe the main characteristics of the seafloor, with particular attention to the presence/absence of marine critical habitats, such as mangroves and associated submerged root communities, seagrass beds, and coral
reefs and associated biota. Given the high turbidity and low visibility conditions, visual observations using SCUBA were not possible. A series of five sediment grab samples were obtained with a Petite Ponar Grab Sampler in order to provide an assessment of the seafloor adjacent to the breakwater. Each sample was examined for presence of seagrasses, macroalgae, and epibenthic macroscopic biota.
Sediment grab samples revealed a consistent composition of a dark fine mud. The inference from the sediment samples is that the study area off the breakwater is unvegetated and its unconsolidated fine sediment features are unsuitable for the establishment of seagrass beds and coral reefs. High water turbidity appeared to be influenced not by suspended inorganic sediments resulting from rainfall runoff, but rather by high phytoplankton biomass and productivity. Such high phytoplankton production creates a consistent input of decomposing cells to the seafloor that accumulate as the dark organic sediment. Further contributions to the organic sediment load are associated with the decomposition of the floating Sargassum seaweed mats that were present covering extensive sections of the surface on the marina’s southern shoreline. No hard bottom habitat was located.
On Wednesday June 8, 2022, a field inspection and immersion were conducted to validate previously collected data regarding the benthic composition of the project area. The survey confirmed the bottom is composed of mud and silt with no other visible benthic species or seagrasses.
The proposed project is within Puerto Rico Submerged Public Lands and will require a concession under Regulation 4860. The applicant and the Puerto Rico Department of Natural and Environmental Resources are working directly with this concession under a separate application process.
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 and other interested parties.
ENDANGERED SPECIES: The Corps determined the proposed project may affect but is not likely to adversely affect threatened and endangered species that have the potential to occur in Puerto Rico listed in the table below. The proposed project would have no effect on corals since the project area lacks suitable habitat and conditions. There is no critical habitat with the required physical and biological features in the vicinity of the proposed project for corals or the Nassau grouper. The project proponent will implement conservation measures described in the Avoidance and Minimization section above. The Corps will initiate consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act in separate letters. The Corps would appreciate any information and technical assistance from the Services, resource agencies, or the public regarding our preliminary determinations.
Species ESA Listing Status Listing Rule/Date Effect Determination (Species)
Sea Turtles
Green
(Chelonia mydas) T 81 FR 20057/
April 6, 2016 NLAA
Leatherback
(Dermochelys coriacea) E 35 FR 8491/
June 2, 1970 NLAA
Loggerhead
(Caretta caretta). T 76 FR 58868/
Sept 22, 2011 NLAA
Hawksbill
(Eretmochelys imbricata), E 35 FR 8491/
June 2, 1970 NLAA
Fish
Nassau grouper
(Epinephelus striatus) T 81 FR 42268/
June 29, 2016 NLAA
Giant manta ray
(Mobula birostris) T 83 FR 2916/
Jan. 22, 2018 NLAA
Oceanic whitetip shark
(Carcharhinus longimanus) T 83 FR 4153/
January 30, 2018 NLAA
Scalloped hammerhead shark
(Sphyrna lewini) T 79 FR 38213/
July 3, 2014 NLAA
Invertebrates
Elkhorn coral
(Acropora palmata) T 71 FR 26852/
May 9, 2006 NE
Staghorn coral
(Acropora cervicornis) T 71 FR 26852/
May 9, 2006 NE
Boulder star coral (Orbicella franksi) T 79 FR 53852/
Sept. 10, 2014 NE
Mountainous star coral
(Orbicella faveolata) T 79 FR 53852/
Sept. 10, 2014 NE
Lobed star coral
(Orbicella annularis) T 79 FR 53852/
Sept. 10, 2014 NE
Rough cactus coral
(Mycetophyllia ferox) T 79 FR 53852/
Sept. 10, 2014 NE
Pillar coral
(Dendrogyra cylindrus) T 79 FR 53852/
Sept. 10, 2014 NE
Queen conch
(Strombus gigas) T 87 FR 55200
Sept. 8, 2022 NLAA
Birds
Roseate Tern (Sterna dougallii)
T 52 FR 42064
Nov. 2, 1987 NLAA
Marine Mammals
Antillean Manatee
(Trichechus manatus manatus) T 82 FR 16668
April 5, 2017 NLAA
E = endangered; T = threatened;
NLAA = may affect, not likely to adversely affect; NE = no effect
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. The NOAA EFH Mapper was used to determine that the following species/management units are located at the project site: Caribbean reef shark, oceanic whitetip shark, and tiger shark. There are no habitat areas of particular concern at the project site. The proposal would impact approximately 0.33 acres of unconsolidated soft substrate utilized by various life stages of these species. Our initial determination is that the proposed action would have an adverse impact on EFH or Federally managed fisheries in Sardinera Bay. However, due to existing conditions and the proposed avoidance and minimization measures impacts to EFH would be minimal. 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 structures are 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.
WATER QUALITY CERTIFICATION: The project will not result in a discharge of dredged or fill material. The Corps does not anticipate that an individual Water Quality Certification would be required from the Puerto Rico Department of Natural and Environmental Resources.
COASTAL ZONE MANAGEMENT CONSISTENCY: A Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board.
NOTE: This public notice is being issued based on information furnished by the applicant. This information will be evaluated to ensure compliance with laws and regulations governing the regulatory program.
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, aesthetics, 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.
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 waters. This is based on an analysis of the applicant's avoidance and minimization efforts for the project.
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. Please email requests to karen.m.urelius@usace.army.mil within 30 days from the date of this notice.
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, Attn: Karen Urelius. Please email comments to karen.m.urelius@usace.army.mil within 30 days from the date of this notice.
QUESTIONS concerning this application should be directed to the project manager, Karen Urelius at karen.m.urelius@usace.army.mil or by telephone at (787) 370-8359.