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 La Plata River. The project site is located nearby State Road PR-167, Km 6.7 Interior, Naranjito, Puerto Rico.
Directions to the site are as follows: From San Juan, or Guaynabo, take one of these State Roads: PR-177, PR-5, PR-20 or PR-812 to reach PR-167 (Naranjito). Head south until reaching State Road PR-167. Once in PR-167, keep going straight and continue until Km 6.7 Interior. The entrance is on the left, towards the La Plata River.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 18.288109º Longitude: -66.209526º
PROJECT PURPOSE:
Basic: Construction of Raw Water Intake Infrastructure.
Overall: To provide safe, reliable, and sustainable drinking water supply to several sectors.
EXISTING CONDITIONS: The Municipality of Naranjito has experienced intermittent water service due to the complexity of topography in the region. Since at least 2013, the drinking water distribution system in the Enrique Ortega Service Area has faced supply interruptions due to fluctuations in system pressures and difficulty meeting the demand for drinking water. Because Naranjito has a mountainous topography, the water service operates through pump stations, which work by means of electricity. The electric power system has not been stable, which further affects the drinking water service when failures occur in said system. The Municipality of Naranjito’s sectors of Achiote, Guadiana, Pueblo, Lomas, Anones, Cedro Abajo, and Nuevo neighborhoods suffer from pressure and service loss problems and whose service area depends on a substantial amount of water transferred from another area. “
PROPOSED WORK: The applicant seeks authorization for the following components:
Earth Dikes:
Dike 1: Temporary impacts of 0.16-acre of waters of the US for the installation of earth dike around the intake for construction activities.
Dike 2: Temporary impacts of 0.03-acre of waters of the US for the installation of earth dike around culvert for construction activities
Intake Construction:
Excavation of 0.058-acre within waters of the US. Excavated material would be placed in uplands areas and repurposed for fill activities. Material not used will be transferred to an authorized sanitary fill facility.
Permanent impacts of 0.131-acres of water of the US by for the establishment of foundation of intake and its construction.
Culvert Construction:
Excavation of 0.03-acre within waters of the US. Excavated material would be placed in uplands areas and repurposed for fill activities.
Permanent impacts of 0.01-acres of water of the US by for the establishment of foundation of intake and its construction.
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:
“Even though the intake structure is located within WOTUS limits, the pump station component of the project is located outside WOTUS to reduce impacts. The control/emergency generator room is also upland. The type of recommended intake structure generates considerably less impact than a conventional intake that requires a river weir that crosses the river. For this reason, the selected alternative generates the least environmental impact. An additional advantage is that the proposed configuration does not create a migration barrier for aquatic species.
Besides, the identified location for the intake is ideal because it consists of a natural pool with a bedrock outcrop. This feature not only improves intake efficiency with regards to water flow and velocity, but also helps to reduce the sediment suspension in the waterbody, around the structure.
The staging area will be distant from the river, aiding in preventing managed material to reach the river.
On the other hand, the existing access road will be improved, keeping the current pathway, and thus, reducing impacts to the maximum extent possible. No river crossings would be conducted.
Even though the excavators and loaders will not be able to operate from the river edge and would require their entrance into the waterbody for the works, planning efforts would be conducted to keep the use of heavy machinery in WOTUS to the minimum possible.
Best Management Practices (BMPs) would be conducted to avoid and minimize impacts in the Río La Plata. Design and implementation of BMPs, the Stormwater Pollution Prevention Plan (SWPPP) and the Spill Prevention Control and Countermeasures (SPCC) plan are proposed to minimize the chance of erosion, sedimentation, including hydrocarbons, reaching WOTUS and floodplains. Emphasis will be placed on minimizing disturbance to erodible soils, during excavation, to avoid and minimize impacts. Turbidity curtains would be used, if necessary.
The use of preventive measures and construction BMPs would minimize short-term impacts during the site preparation/construction phase and to WOTUS within the site. The only project permanent impacts to WOTUS are associated to the fill required for building the water intake and the culvert.
There would be no impacts to wetlands due to the proposed project’s activities. No pipeline would lie on top of wetlands, nor WOTUS.
Vegetation in the area would naturally revegetate after demobilization of the construction equipment. As per the Environmental Assessment, the proposed construction will have minor to moderate direct short-term impacts on WOTUS based on the minimization approach and with the implementation of proposed BMPs”
COMPENSATORY MITIGATION – The applicant has not provided explanation on compensatory mitigation. The Corps will evaluate potential mitigation requirements.
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.