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) and Section 103 of the Marine Protection, Research and Sanctuaries Act (MPRSA) of 1972 as described below:
APPLICANT: Mr. Carmelo Silva
Buckeye Caribbean Terminals, LLC
P.O. Box 186
Yabucoa, Puerto Rico 00767
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Yabucoa Harbor, Caribbean Sea. The project site is located at Yabucoa Marine Terminal, PR-901, Km. 2.7, Camino Nuevo Ward, Municipality of Yabucoa, Puerto Rico.
Directions to the site are as follows: From San Juan take Hwy. PR-52 South to Caguas, take the exit towards Hwy. PR-30 and continue east towards Hwy. PR-53. Take the exit to Hwy. PR-53 South and continue south until the intersection with Hwy. PR-901.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 18.052607°
Longitude: -65.837417°
Latitude: 18.051221°
Longitude: -65.829447°
Coordinates of proposed disposal site at the Environmental Protection Agency Designated Yabucoa Harbor PR Dredged Material Disposal Site:
Latitudes
NW Corner:18.059683°
NE Corner:18.059673°
SW Corner:18.043029°
SE Corner:18.043032°
Longitudes
NW Corner: -65.713210°
NE Corner: -65.696013°
SW Corner: -65.713208°
SE Corner: -65.696010°
PROJECT PURPOSE:
Basic: Maintenance Dredging.
EXISTING CONDITIONS: The Port of Yabucoa is an artificial harbor, originally excavated in 1971. A marine terminal facility (Yabucoa Marine Terminal) operated by Buckeye Caribbean Terminals, LLC (the Applicant) since 2010 is located therein. This facility offers over 4.6-million barrels (196 million gallons) of storage for crude oil, fuel oil, and refined products. It possesses four (4) main docks, one (1) used for tugboats, with one (1) deep water berth, and two (2) shallow water berths within the Yabucoa Harbor (“turning basin”). Access to/from the harbor or turning basin is through a main navigational channel to/from open water (Caribbean Sea). Based on available information provided by the applicant, as the second largest petroleum storage operating in Puerto Rico, and the only storage facility in the southeastern side of island, the facility serves a critical role in the provision of energy logistics for industrial and commercial consumption and is also an emergency delivery port. A Department of the Army permit was issued on August 1, 2017, and subsequently modified on October 20, 2017, for the maintenance dredging of a section of the turning basin and navigation channel at the Port of Yabucoa. This permit authorized the removal of approximately 139,000 cubic yards of sediment from the seabed and the transportation of approximately of 71,500 cubic yards of dredged material on the Yabucoa Harbor PR Dredged Material Disposal Site, as designated by the Environmental Protection Agency. The last maintenance dredging event was performed by Buckeye between September and October 2017, partially restoring a section of the navigation channel to a minimum depth of approximately -40 feet at mean lower low water (MLLW) and a width of 325 feet. In accordance to the applicant, the existing inland/onshore dredged management areas (“dikes”) constructed and used as part of the 2017 dredging are filled at design capacity with no additional volume capacity to fulfill the proposed maintenance dredging. No seagrass beds are present within or immediately adjacent to the proposed dredging area. In accordance to the applicant, in normal operations the Small Dock has received approximately 54 vessels annually. The type of vessels commonly received and will use this dock consist of double hull oil tankers. The overall length of the vessels ranges from 334 to 417 feet. Draft (not including 2 feet under keel clearance) from vessels ranges from 21 to 28 feet.
PROPOSED WORK: The applicant seeks authorization to dredging approximately, 672,317 cubic yards of sediments within a section of the navigation channel to restore the depth to 43 feet (plus two (2) feet of overdredge) at MLLW and width between 375-500 feet, and approximately 20,730 cubic yards of sediments at the small Dock in the turning basin to restore the depth to 30 feet (plus two (2) feet of overdredge) at MLLW and the transportation of dredged material (693,047 cubic yards) at the designated Yabucoa Harbor PR Dredged Material Disposal Site. The proposed dredging encompasses an area of approximately 47 acres at a section of the navigation channel and 2.1 acres at the small dock in the turning basin. The dredging will be carried out using a clamshell dredge and the dredged material will be placed on a scow or barge for its transportation for ocean disposal.
BIOLOGICAL AND CHEMICAL TESTING: Pursuant the Marine Protection, Research and Sanctuaries Act Section 103, a Sediment Characterization Testing and Analysis report dated June 3, 2024, was performed by ANAMAR Environmental Consulting, Inc. on behalf of the applicant for the proposed project. Based on the results of this report, the sediment near the small dock was a mixture of 47.2% sand and 52.8% fines and within the main navigation channel was 83.5% sand and 16.5% fines. Also, in accordance to the document, total solids were 39.24% near the small dock, 53.20% for navigation channel and 66.13% for the reference (reference site is located west of the designated Yabucoa ODMDS in approximately 120 feet of water), and total organic carbon was 2.61% for near the small dock, 1.38% for navigation channel, and 0.13% for the reference. Based on the result of this report no significant toxicity was observed in the bioaccumulation tests performed on project sediments. The Environmental Protection Agency will determine whether the proposed dredged material is suitable for disposal at the designated Yabucoa Harbor ODMDS. A copy of the assessments documenting the results is available upon request.
CULTURAL RESOURCES:
The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Based on available information received from the State Historic Preservation Office on August 17, 2017, for a previous project at the navigation channel and dockings area, the Corp’s determination is the same as previously, that the proposed project would have no effects to historic properties.
ENDANGERED SPECIES: The Corps has determined that the proposed project would have no effect on federally listed whales, Oceanic whitetip shark, Roseate Tern, the Puerto Rican Boa and on nesting individuals of federally listed sea turtles. The Corps has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee, swimming sea turtles: Green sea turtle, Hawksbill sea turtle, Leatherback sea turtle, Nassau grouper, Giant Manta Ray, Queen Conch, Mountainous star coral , Elkhorn coral, Staghorn coral, Boulder star coral, Lobed star coral, Rough cactus, Pillar coral or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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. According to information provided by the applicant, the proposed project would impact approximately 49.1 acres of un-vegetated soft-muddy marine bottom utilized by various life stages of the federally managed species in the US 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.
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, 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 proposed.
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.
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 the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
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.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Puerto Rico, a Coastal Zone Management Consistency Concurrence is 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.