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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Puerto Rico Telephone Company, Inc. (Claro)
POC: Mario Barrera
1515 F.D. Roosevelt Ave., 8th Floor
Guaynabo, Puerto Rico 00968
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Caribbean Sea along a corridor extending from the shoreline at Caleta de Cabullones, Ponce, Puerto Rico, to oceanic waters at the outer limit of the U.S. Territorial Seas (approximately 12 nautical miles from the shoreline), as depicted in the attached drawings. The project corridor would have a beach landing immediately southeast of the Hilton Ponce Golf & Casino Resort property and west of the existing western jetty flanking the mouth of the Bucaná River. The other landing would be located in Santo Domingo, Dominican Republic, outside of the Corps jurisdiction.
Directions to the site are as follows: From San Juan, take Las Américas Expressway/ PR-18 S; merge onto Highway PR-52 and continue driving (southbound) towards Ponce. Once you reach Ponce, take exit 104A and merge onto the Santiago de Los Caballeros Ave./PR-12 (north); take exit ramp onto Rafael Cordero Santiago Ave. and continue driving until you reach the traffic light. Turn left and continue on the Rafael Cordero Santiago Ave. (east) until you arrive at the Complejo Ferial de Puerto Rico facility. Take the adjacent public promenade (Paseo Lineal) running parallel to the Bucaná River channel and head south for about 1.25 miles. The proposed beach landing site would be located near the end of the public promenade.
APPROXIMATE CENTRAL COORDINATES: Start: Lat. 17.96944°; Lon. - 66.60082°
End: Lat. 17.75216°; Lon. - 66.71437°
PROJECT PURPOSE:
Basic: Telecommunication/fiber-optic utility line system
Overall: Extend the existing AMX-1 submarine fiber-optic cable system connecting the U.S., Central America, Brazil, and the Caribbean through the installation of a new cable segment between Puerto Rico and Dominican Republic, as to provide additional capacity to meet the increasing demand for international telecommunication traffic, diversify the routes into Puerto Rico and the Caribbean (to help safeguard the continuity of international telecommunication services), and provide a redundant telecommunication source to the island of Puerto Rico.
EXISTING CONDITIONS: According to the information provided by the applicant and other sources of information available to the Corps, no active cables exist along the proposed project corridor. The proposed cable would cross a decommissioned telegraph cable with a landing at Playa de Ponce (which was installed in 1875), as well as various other active and inactive cables along its path to the Dominican Republic, but outside of waters of the U.S. The proposed landing site at Caleta de Cabullones consists of a sandy beach with timber logs, gravel to boulder-sized rocks, and concrete structures. As previously mentioned, the beach landing would be located immediately southeast of the of the Hilton Ponce Golf & Casino Resort property and west of the Bucaná River mouth. The NOAA’s Biogeography Program Benthic Habitat Maps depict that the footprint of the proposed project immediately seaward from the shoreline would be located over reef/colonized bedrock. However, the results of a benthic survey conducted for the proposed project revealed that nearshore benthic habitats (extending from the shoreline to 30 meters (m) deep waters) along the proposed cable corridor are dominated by unconsolidated soft sediments (very fine sand, silt, and clay) devoid of submerged aquatic vegetation and hard corals. Very limited epibenthic biota (one soft coral and six invertebrate species) and no presence of hardbottom was observed along the nearshore portion of the cable route. The results of the benthic survey also revealed that benthic habitats from waters 30 m to 200 m deep (mesophotic water depths) along the proposed cable corridor are characterized by a combination of sandy/silty sea bottom and reef/hardbottom areas. Fourteen distinct reef/hardbottom areas, mostly comprised of exposed hardbottom, sediment-covered hardbottom, scattered rock reef, and/or small patch reef, were identified along this portion of the cable corridor. The majority of these areas are considered designated critical habitat (DCH) for the federally protected rough cactus (Mycetophyllia ferox), mountainous star (Orbicella faveolata), and boulder star (O. franksi) coral species. Epibenthic colonization along the mesophotic depths of the proposed cable corridor was found to be concentrated in these consolidated substrate areas. All 14 hardbottom/reef areas were observed to have soft and hard corals (25-50% cover), sponges, and macroalgae (<5% cover). No seagrass or federally protected corals were identified. The benthic survey information describes the seafloor along the entire surveyed area as having a homogeneous gentle slope, except for the hardbottom/reef areas mentioned above. No other seafloor areas with abrupt changes in slope were observed. With regards to federally protected sea turtle, marine mammal, mollusk, and fish species, the proposed project lies within the distributional range of the green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), and leatherback (Dermochelys coriacea) sea turtles; West Indian manatee (Trichechus manatus); blue (Balaenoptera musculus), fin (B. physalus), sei (B. borealis) and sperm (Physeter microcephalus) whales; Nassau grouper (Epinephelus striatus), giant manta ray (Manta birostris), oceanic white tip shark (Carcharhinus longimanus), and scalloped hammerhead shark (Sphyrna lewini); and queen conch (Aliger gigas). The project also lies within the range of the Puerto Rican boa (Chilabothrus inornatus). In addition, the proposed project lies within nesting habitat for green, hawksbill, and leatherback sea turtles.
PROPOSED WORK: The applicant seeks authorization to install a submarine fiber-optic cable in navigable waters of the U.S., as an extension to the existing AMX-1 submarine fiber-optic cable system connecting the U.S., Central America, Brazil, and the Caribbean. As previously mentioned, the proposed cable segment would have landings in Ponce, Puerto Rico and Santo Domingo, Dominican Republic (as well as connections to two branching units off the coasts of Dominican Republic and Haiti) and would cross approximately 31.8 kilometers (17.2 nautical miles) of navigable waters of the U.S. from the shoreline at Caleta de Cabullones, Ponce, Puerto Rico, to the outer limit of the U.S. Territorial Seas. Cable type and width would vary along the proposed corridor, from 14 millimeters (mm) (lightweight cable) up to 50 mm (double armor heavy cable), depending on the water depth.
The proposed cable would be surface laid along the seafloor, except in nearshore waters close to the shoreline where it would be trenched into the beach and connected to a concrete footer, beach plate, and beach manhole that would be built in uplands in advance of the cable landing activities. A temporary in-water trench extending approximately 14 m (45.9 feet (ft)) seaward from the high tide line (HTL) to a water depth of about 1 m would be pre-dug to allow for burial of the cable in the surf zone. The trench would be 3 m (9.8 ft) wide at the top, 1 m (3.3 ft) wide at the bottom, and 1.1 m (3.6 ft) deep. Trenching (including breaking of existing hard rock material under 1-2 ft of sand at the HTL mark) would be completed by two excavators working from the shore or from a small spud barge. Rocks and sand would be removed from the trench and temporarily stockpiled in adjacent uplands, and the trench would be backfilled with the same excavated/dredged sand material. Prior to commencement of the cable installation activities, an excavator would open the beach trench and re-open the in-water trench in preparation for cable landing. When the landing point preparations are complete, the main cable installation vessel would be positioned off the shore at an approximate water depth of 12 to 15 m (39 to 49 ft). The vessel would be maintained in place by dynamic positioning; thus, no anchoring would be required. Once the vessel is in place, the cable would be pulled with a rope and floated ashore (with floats every 3 to 5 m) towed by a small workboat. A small diver boat would meet the workboat just outside of the surf zone and supply a floating hauling line from the shore, which would be connected to the cable end on the workboat. The hauling line would allow an excavator at the shore to haul the cable to the beach. Once the cable is secured ashore, divers would manually position the cable so that it falls into the target location on the seabed and would remove the floats progressively towards the cable lay vessel. Divers would then confirm whether the cable landed in the correct location and would manually reposition the cable, if necessary. In waters deeper than 12 to 15 m, the cable would be surface laid along the pre-determined route using the cable lay vessel, which would be guided by an on-board computer system while operating at an average speed of 2 to 4 knots. Upon completion of the cable landing and installation activities, articulated pipe would be installed over the cable from the concrete footer on the beach out to 300 m seaward from the footer, ending in waters approximately 4 m deep. Saddle clamps might be used at the seaward end of the in-water trench to anchor the cable if suitable substrate is present. The beach and in-water trenches would be then backfilled and both areas restored to their previous condition, which would result in the discharge of dredged material into approximately 0.01 acre of waters of the U.S. The entire cable installation operation would take approximately one month.
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 proposed cable route was developed based on a thorough desktop review, as well as a marine survey (consisting of the collection of bathymetric and other seabed data along the nearshore and deep-water sections of the corridor) and comprehensive benthic and mesophotic coral habitat surveys (conducted by snorkeling, scuba diving, or using a Remotely Operated Vehicle) completed for the project corridor, to ensure avoidance and minimization of impacts to sensitive benthic resources (federally protected corals, seagrass, and hardbottom/coral DCH) to the maximum extent possible. Several alternative landing site locations in Ponce were considered, and the site selected would allow total avoidance of direct impacts to federally protected corals, seagrass beds, reefs, and coral DCH in nearshore areas. Further avoidance and minimization of impacts to sensitive aquatic resources, particularly to federally protected species (i.e., federally protected sea turtles, mammals, fish, mollusks, and corals) and their habitat and to essential fish habitat (EFH) associated with the cable installation activities would be achieved through the implementation of the following measures: (1) the inshore section of the cable route, from the shoreline to waters 15 m deep, would be marked prior to the cable installation activities; (2) the cable lay vessel would be positioned offshore of the landing point at an approximate water depth of 12 -15 m to prevent any bottom disturbance, and small (shallow-draft) vessels would be used to pull the cable ashore into the landing; (3) the cable would be floated ashore to prevent it from dragging on the marine bottom and impacting any adjacent benthic resources; (4) cable installation would be conducted without anchoring of the cable lay vessel; (5) lowering and final positioning of the cable in waters shallower than 15 m would be assisted by divers, who would ensure the cable is placed on the sea bottom right on the pre-marked route and would reposition the cable as needed; (6) double armor heavy fiber-optic cable would be used from the beach manhole to waters 200 m (656 ft) deep to provide maximum cable stability on the sea bottom; (7) surface lay in waters deeper than 15 m would be guided by an on-board computer system that accounts for water depth and bathymetry, among other factors, and allows the vessel route to be adjusted to ensure accurate cable placement along the pre-determined route; (8) the beach landing related activities would be avoided as much as possible during the sea turtle nesting season (March 1 to November 30) or, alternatively, sea turtle nesting monitoring would be conducted during the cable landing works; (9) immediately upon completion of the cable landing activities, divers would undertake a video survey along the portion of the cable route extending from the shoreline to 15 m water depth (and up to 30 m water depth using an ROV, if required by the federal agencies); (10) project personnel would comply with the most recent USFWS Conservation Measures for Sea Turtles in Puerto Rico and the U.S. Virgin Islands, USFWS Manatee Conservation Measures for In-Water Projects, USFWS Conservation Measures for the Puerto Rican boa, and NMFS Protected Species Construction Conditions.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has explained that since the proposed project would only require direct impacts to approximately 178.14 ft2 of DCH for the rough cactus, mountainous star, and boulder star corals, which represents a very small fraction (0.0000003%) of the total area of DCH for these three species in Puerto Rico, this impact is considered de minimis. Therefore, no compensatory mitigation is being 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 P.R. State Historic Preservation Officer.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the federally protected green (C. mydas), loggerhead (C. caretta), hawksbill (E. imbricata), and leatherback (D. coriacea) sea turtles; West Indian manatee (T. manatus); blue (B. musculus), fin (B. physalus), sei (B. borealis) and sperm (P. microcephalus) whales; Nassau grouper (E. striatus), giant manta ray (M. birostris), oceanic white tip shark (C. longimanus), and scalloped hammerhead shark (S. lewini); queen conch (A. gigas); and the Puerto Rican boa (C. inornatus). 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 (ESA). In addition to the above, the Corps has determined that the proposed project may affect DCH for the federally protected rough cactus (M. ferox), mountainous star (O. faveolata), and boulder star (O. franksi) corals. By separate, the Corps will request initiation of formal consultation with the National Marine Fisheries Service pursuant to Section 7 of the ESA.
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 sandy/silty/muddy and hard marine bottom, which may be utilized by various life stages of some of the federally managed species within the U.S. Caribbean. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Caribbean Sea. 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, Habitat Conservation Division.
Navigation: The proposed structure is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would potentially 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. Ángel Ramos Annex Bldg., Suite 202, 383 F.D. Roosevelt Ave., San Juan, Puerto Rico 00918, 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, Mrs. Deborah J. Cedeño-Maldonado, in writing at the Antilles Permits Section, Fund.
Ángel Ramos Annex Bldg., Suite 202, 383 F.D. Roosevelt Ave., San Juan, Puerto Rico 00918; by electronic mail at Deborah.J.Cedeno-Maldonado@usace.army.mil; or, by telephone at (787) 289-7036.
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.
Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
The U.S. 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: A Water Quality Certification from the P.R. Department of Natural and Environmental Resources would be required for this project.
COASTAL ZONE MANAGEMENT CONSISTENCY: A Coastal Zone Management Consistency Concurrence from the Puerto Rico Planning Board would be required for this 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.