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SAJ-2023-02906(SP-CGR)

USACE Jacksonville District, Regulatory Division
Published June 17, 2024
Expiration date: 7/15/2024
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: Ms. Ann Ventura
Puerto Rico Aqueducts and Sewer Authority
604 Barbosa Ave.
Sergio Cuevas Bldg.
Hato Rey, San Juan, PR 00917

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Mameyes River and unnamed creek. The project site is located near State Road PR-955, km. 6, Mameyes II Ward, Municipality of Rio Grande, Puerto Rico.

Directions to the site are as follows: Drive to the Municipality of Rio Grande on State Road PR-3 east, until km. 32.0, and then turn right at State Road PR-968. Continue south on PR-968 and then turn left on State Road PR-955. Continue on PR-955 for 70 meters and then turn right on the property located adjacent to Mameyes River.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 18.3701°
Longitude: -65.7661°

PROJECT PURPOSE:

Basic: Raw water intake, river bank protection and pipeline.

Overall: To supply additional water to the existing El Yunque Water Filtration Plant in order to eliminate water supplies deficiencies at the Municipality of Rio Grande.

EXISTING CONDITIONS: The aquatic system consists of a freshwater system associated to Mameyes River and an unnamed creek. The proposed intake structure will be located on the north bank (left) of Mameyes River and in an area characterized by deep natural pools. In accordance to available information submitted by the applicant, the selected site corresponds to the exterior of a river meander bend, where the hydraulic energy naturally creates a deep scour hole. This zone is typically maintained free of sediment accumulation, a condition favorable for an intake.

PROPOSED WORK: The applicant seeks authorization to discharge approximately 414.4 cubic yards of fill material on approximately 0.0145 acres of Mameyes River to build a new 5 million gallon per day (MGD) raw water intake structure, and concrete retaining (barrier) wall; to discharge approximately 507.2 cubic yards of fill material on approximately 0.0492 of Mameyes River to place a bank protection structure (rip-rap) along 56 meters long (184 feet) on the river; and the discharge of approximately 1.4 cubic yards of fill material on approximately 0.0002 acres of an unnamed creek for the placement of a 20 inches in diameter and 1.92 meters long raw water pipeline at station 29+40 under the creek’s bed. The total extent of permanent impacts on Mameyes River and the unnamed creek is approximately 0.064 acres. The proposed intake configuration will implement the use of four (4) 2.0 MGD T-wedge wire screens combined with an air backwash cleaning system to reduce screen clogging and maintenance requirements. The screens will be encased in a concrete structure and a protection plate will be installed in the entrance orifice with the purpose of protecting the screens from impacts during high energy flow and flood events. The proposed rip-rap will be placed at the toe of the proposed intake structure once the intake structure is built. Dredged material from the river bank to build the intake structure and place the rip-rap will be discharged offsite and will not return into the river or in any other waters of the United States. The proposed raw water pipeline section under the unnamed creek is part of the 3.7 miles new raw water pipeline to be installed by the applicant from the new intake structure facility to the existing El Yunque Water Filtration Plant located at North of State Road PR-3. The proposed pipeline will run mostly under existing roads and along existing bridge wall structures. Also, the proposed project includes the temporary discharge of approximately 859.9 cubic yards of fill material on approximately 0.08 acres of Mameyes River to build a temporary berm with these dimensions: 73.05 meters (240 feet) long by 1.50 meters (5 feet) wide on top and 4.50 meters (15 feet) wide on bottom. Other components associated to the proposed raw water intake project such as a pump station, a control room, and access road will be built in uplands.

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:

Based on available information submitted by the applicant, the applicant avoided and minimized impacts in the aquatic environment by proposing a route for the new pipeline under existing roads and using existing road crossings infrastructure to the maximum extent possible, and the placement of other components of the project (i.e. pump station, access road, and control room) in uplands. The proposed pipeline route alignment crosses four creeks: the unnamed creek (at station 29+40) as mentioned on project description above; unnamed creek (at station 2+50); Suspiro creek (at station 23+60) and Juan González creek (at station 43+10). At project station 2+50, the proposed pipeline will run over the unnamed creek and will be installed on the existing bridge wall without the need to impact the unnamed creek. At station 23+60, Suspiro creek flows North under road PR-3 and its marginal street through two 60 inches diameter piper. The proposed pipeline will run over Suspiro creek and under the marginal street without impacts on the piped Suspiro creek. At station 43+10, the proposed pipeline will run over the Juan González creek and will be placed on the existing bridge wall without impacts on Juan González creek. Avoidance of impacts for the construction of the raw water intake was not possible due to the nature of the project in which the water intake is within the river channel. However, the proposed intake configuration was selected by the applicant to minimize impacts on the aquatic environment. The applicant considered two intake configurations. One configuration consisted of the construction of the intake plus a river weir across the channel. The applicant stated that this alternative required the construction of a migratory barrier, and it would have entailed a larger area of permanent and temporary impact. The other configuration (proposed project) consists of a lateral extraction intake and no intake dam, minimizing permanent impacts in the river. The dredged material from the river to build the intake structure and place the rip-rap will be discharged offsite and will not return into the river or in any other waters of the United States. Also, the temporary berm will be placed adjacent to the river bank and will not interrupt the water flow neither will cause impacts to the flora and fauna of the area. Once project is completed, the temporary berm (fill material) will be removed from impacted area. Also, impacts to the river will be minimized by placing the equipment to be used for construction in uplands.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

The applicant stated that is willing to comply with any necessary compensatory mitigation if required by the Corps. However, the applicant stated that due to the type of project and its location, the permanent impacts will be minimal and therefore, no compensatory mitigation is proposed.

CULTURAL RESOURCES:
Based on information provided, the proposed activity is a federal funded project by the Federal Emergency Management Agency (FEMA). FEMA is the lead agency for the proposed project for complying with this cultural resource’s component.

ENDANGERED SPECIES:
Based on information provided, the proposed activity is a federal funded project by the Federal Emergency Management Agency (FEMA). FEMA is the lead agency for the proposed project for complying with this endangered species component.

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. 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, by electronic mail at carmen.g.roman@usace.army.mil or at Fundación Angel Ramos Annex BLDG., Suite 202, 383 F.D. Roosevelt Avenue, 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.

QUESTIONS concerning this application should be directed to the project manager, Ms. Carmen G. Román, in writing at the Antilles Permits Section, by electronic mail at carmen.g.roman@usace.army.mil; or by telephone at (787) 370-3482 or at Fundación. Angel Ramos Annex BLDG., Suite 202, 383 F.D. Roosevelt Avenue, San Juan, Puerto Rico 00918.

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.

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: Water Quality Certification is required from the Department of Natural and Environmental Resources-Point Sources Permits Division.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Puerto Rico, a Coastal Zone Management Consistency Concurrence may be required from the Puerto Rico Planning Board.

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.