TO WHOM IT MAY CONCERN: The Antilles 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: Mr. Bernardo Marquez Garcia, Mayor of Toa Baja
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Levittown Lake. The project site is located at FR66+H9X Blvd. Levittown, Mansión del Mar, Toa Baja, 00949, Puerto Rico.
Directions to the site are as follows: From San Juan take PR-22 West to Hato Tejas, Bayamon and take Exit 13 from PR-22 north along PR-167 to the PR-868 intersection. Take a left and head west along PR-868 to the Levittown Lake Recreational Park.
APPROXIMATE CENTRAL COORDINATES: Latitude 18.461276°
Longitude -66.188794°
PROJECT PURPOSE:
Basic: The basic project purpose is recreational.
Overall: The overall project purpose is improvements and upgrades to an existing Levittown Lake Park Recreational Area through a Housing and Urban Development (HUD) block grant. Improvements would consist of overall re-design and reconstruction of the recreational area that includes landscaping, trails, and structures consistent with recreational activities.
EXISTING CONDITIONS: The project site consists of the shoreline of a manmade storm water pond that experiences saltwater intrusion through a manmade channel connected to the Cocal River that empties into Bahia de Toa. The onsite vegetation consists of upland species. The existing area surrounding the project area consists of commercial developments, multi-family residential developments, transportation infrastructure, and undeveloped wetland and upland complexes.
PROPOSED WORK: The applicant seeks authorization to remove 290 square feet existing concrete pad remnants from previous structures along the shoreline and discharge 290 square feet (0.0066 acres) of geotextile fabric and clean on-site sandy material similar in composition to existing immediate surrounding elevation. The applicant seeks authorization to construct an approximate 4-long foot by 52-foot wide (203 square foot) cantilever deck with a 36-inch aluminum seaside safety rail, an irregular shaped cantilever deck approximately 141 square feet with a 36-inch aluminum safety rail, an 8-foot wide by 15-foot long (120 square feet) hinged composite ramp, and an 8-foot wide by 25 foot long (200 square foot) prefabricated floating dock and three 8-inch diameter piles.
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: According to the applicant, constraints related to project logistics, location of existing infrastructure, and presence of local communities and residential development caused complete avoidance of impacts to WOUS to be impracticable. Additional information provided by the applicant indicates avoidance and minimization of project impacts to WOUS was achieved through a variety of approaches including alignment of proposed features and other design elements such as minimizing the project footprint and limiting work from uplands. The applicant would also develop and implement a construction best management practices plan and sediment controls during the construction phase to minimize adverse effects to the aquatic environment.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: At this time there is no compensatory mitigation required for open water fill.
CULTURAL RESOURCES: Pursuant to Section 106 of the National Historic Preservation Act, the HUD is the lead federal agency and has the responsibility to review the proposed undertaking’s potential to effect on properties listed in or eligible for listing in the National Register of Historic Places. The Corps will review the evaluation and determinations that HUD provides and will supplement as necessary.
ENDANGERED SPECIES: Pursuant to Section 7(c) of the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), the HUD is the lead federal agency and has the responsibility to review the proposed undertaking’s potential to affect threatened or endangered species. The Corps will review the evaluation and determinations that HUD provides and will supplement as necessary.
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 HUD is the lead federal agency and is responsible for determining the potential substantial adverse impacts to EFH or Federally managed fisheries, habitats and species. 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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Department of Natural and Environmental Resources.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Puerto Rico, 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 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.
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 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.
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.
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.
COMMENTS and QUESTIONS: All comments should be received no later than 30 days from the date of issuance of this Public Notice. Correspondence concerning this Public Notice should refer to Public Notice Number SAJ-2024-00774(SP-AKG) and should be directed to the District Engineer, U.S. Army Corps of Engineers Jacksonville District, Antilles Permits Section, Attention: Ms. Amy Gavin, 383 Franklin Delano Roosevelt Avenue, San Juan, Puerto Rico, 00918 within 30 days from the date of this notice. Comments may also be submitted via e-mail to USACE at Amy.K.Gavin@usace.army.mil.
If you have any questions concerning this publication, you may contact the Project Manager via e-mail at Amy.K.Gavin@usace.army.mil or telephone number (334) 467-8779. Please refer to the above Public Notice number.
JACKSONVILLE DISTRICT
U.S. Army Corps of Engineers
Enclosures