STATEMENT OF FINDINGS Number: __SAJ-2006-05857 ‘BeoerauinearassRAWerzaksapitempyereycono0 8 sbcoaaninoionenernetoasciptnmpeennya sw 13 "ALCDEEGIN AREAS aaa SE ‘point Times New Roman TDAP eee ee ALR ABCDEFGHUKLMNOPQRS TUVWXY Zabedelghjkrmoparstornny21 234567890 $12.50 ABCOEEGHUKL MNORQRS FLSCZabedelhlmnepartuir 94254567890 3°31 20 “ABCDEEGHUKLMNOPORSTUVWXYZ ahedeukimpeparsurunyz 1234567890 10 point Times New Roman |@#S%&*(*}#-<>23"N'/— "asa EUAAAEIBS HO ABCDEFGHUKLMNOPORSTUVWX ¥Zabedefghijklmnopgrstuvwxyz1234567890 $12.50 ‘ABCDBEGHITKLMNOPQREFUIYZabedelghikimnoparsturinyet 224867950 3373120" abedefohiiklmno 1234567 12345678901234567890123456789012345678901234567890 1234567890 12345678901234567890 1234567890CESAJ-RD-NA. MEMORANDUM FOR RECORD SUBJECT: Department of the Army Environmental Assessment and Statement of Finding for Permit Application SAJ-2006-05857 This document constitutes the Environmental Assessment, 404(b)(1) Guidelines Evaluation, Public Interest Review, and Statement of Findings. 1, Application as described in the public notice: This project was originally presented in two separate permit applications and public notices, under permit applications number SAJ-2006- 05832 (Las Crayolas Boat Ramp) and SAJ-2006-05857 (Magueyes Boat Ramp). Since both proposals shared the same applicant, location, area of service, area of potential impacts and purpose, the Corps subsequently decided to continue their processing and evaluation jointly, as a single and complete project, under permit application number SAJ-2006-05857. a. Applicant: Honorable Carmen R. Guerrero-Pérez Secretary PAR. Department of Natural and Environmental Resources P.O. Box 366147 San Juan, Puerto Rico 00936 b. Waterway and site location: La Parguera Ward, Municipality of Lajas, Puerto Rico ¢. Approximate central coordinates: Las Crayolas Boat Ramp: Latitude: 17°58°25.47" North Longitude: 67°03"17.39” West Magueyes Boat Ramp: Latitude: 17°58?387.0" North Longitude: 67°2.702°0" West d. Project purpose and need: (@) Basic: Boat ramp (2) Overall: Las Crayolas Boat Ramp: To improve the existing boat access facility in order to provide a safer and more effective boat access to the coastal waters of the southwest coast of the Island. Magueyes Boat Ramp: To improve the existing boat access facility in order to provide aCESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. safer and more effective boat access to the coastal waters of the southwest coast of the Island, as a. complement to the other boat ramp proposal being evaluated under permit application SAJ- 2006-05832. e. Water dependency determination: Although no water dependency determinations were included in the public notices, the project is water dependent. £. Existing conditions: Las Crayolas Boat Ramp: A deteriorated boat ramp currently exists at the project site and the premises are being used as parking, continuously affecting the salt flats. The project is located within the premises of La Parguera Natural Reserve, administered by the applicant. La Parguera is also a Special Planning Area designated by the Puerto Rico Planning Board. The applicant is also implementing the placement of aids to navigation throughout the Reserve in order to help boaters to avoid and protect shallow areas supporting seagrass beds and coral reefs that have been impacted. A similar initiative was taken several years ago by a group of local citizens to help protect these marine resources. These would balance the marine impacts related to boaters and the consequence of enhancing the boat ramp facilities. Magueyes Boat Ramp: A deteriorated ground slope historically used as a ramp currently exists at the project site. It is located contiguous to the dock that service personnel from the Marine Sciences Department seven days a week. The site is severely impacted by intensive use. The project is located within the premises of La Parguera Natural Reserve, administered by the applicant. La Parguera is also a Special Planning Area designated by the Puerto Rico Planning Board. The applicant is also implementing the placement of aids to navigation throughout the Reserve in order to help boaters to avoid and protect shallow areas supporting seagrass beds and coral reefs that have been impacted. A similar initiative was taken several years ago by a group. of local citizens to help protect these marine resources, These would balance the marine impacts elated to boaters and the consequence of enhancing the boat ramp facilities, 8. Proposed work: Las Crayolas Boat Ramp: The applicant proposes to construct a two-lane boat ramp with a conerete boarding dock, maneuvering area, and 29 car-trailer parking spaces. The two ramps ‘would measure 18 feet wide by 60 feet in length, and the dock would measure 80 feet in length by 8 feet wide. ‘The structure would require the temporary discharge of approximately 1,800 cubic meters of fill material. The temporary fill material would be used to create a temporary base to drive the dock piles into the substrate. Approximately 1,000 cubic meters of bottom material would be excavated from the project site where the ramps would be constructed. Project impacts are estimated as; fill over disturbed salt flats (469 square meters), mangroves (147 square meters), and fill over filled salt flats (uplands: 1,077 square meters), and an existing,CESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. concrete access (473 square meters). Approximately 300 cubic meters of rocks are proposed for astone revetment rip-rap that would protect the structure. Magueyes Boat Ramp: The applicant proposes to construct a boat ramp with a concrete boarding dock, maneuvering area, and 20 car-trailer parking spaces. The ramp would measure 18 feet wide by 65 feet in length, and the dock would measure 80 feet in length by 8 feet wide. The structure would require the temporary discharge of approximately 1,200 cubic meters of fill material. The temporary fill material would be used to create a temporary base to drive the dock piles into the substrate. Approximately 800 cubic meters of bottom material would be excavated from the project site where the ramp would be constructed. Approximately 200 cubic meters of rocks are proposed for a stone revetment rip-rap that would protect the structure. 1h, Avoidance and minimization information: N/A [No information included in the public notices.} i, Compensatory mitigation: Las Crayolas Boat Ramp: A compensatory mitigation of approximately 156 square meters ona nearby area used as an informal boat ramp would be planted with mangroves. ‘Magueyes Boat Ramp: N/A [No compensatory mitigation information included in the public notice. 2. Authority: & Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) & Section 404 of the Clean Water Act (33 U.S.C. §1344) ( Section 103 of the Marine Protection, Research & Sanctuaries Act of 1972 (33 U.S.C. 1413) oO 3. Scope of analysis: a. National Environmental Policy Act (NEPA): (1) Factors: (® Whether or not the regulated activity comprises "merely a link” in a corridor typeCESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. project: The project is not part of, or integrated into, any other project or linear/corridor type proposal. (ii) Whether there are aspects of the upland facility in the immediate vicinity of the regulated activity which affect the location and configuration of the regulated activity: There are no aspects of the upland facility affecting the location or configuration of the proposed project. The location of the proposed boat ramp facility was selected based on the presence of an existing boat ramp and associated parking area currently used for such purposes. (iii) The extent to which the entire project will be within the U.S. Army Corps of Engineers (Corps) jurisdiction: The footprint of the proposed project would include waters of the United States (ie. submerged lands, mangrove and salt flat areas) and upland areas (previously filled/paved salt flat areas used for parking purposes). (iv) The extent of cumulative Federal control and responsibility: The proposed project would be located in navigable waters of the U.S., which are under the Corps jurisdiction pursuant to Section 10 of the Rivers and Harbors Act. The proposed boat ramp facility would also result in discharges of fill material into waters of the U.S. (including marine bottom, mangrove and salt, flat areas), which are regulated by the Corps under Section 404 of the Clean Water Act. In addition, the proposed project would/may result in direct, indirect, secondary and/or cumulative impacts to sensitive resources (including seagrass, sea turtles, manatees, corals and/or coral critical habitat, and birds) present in the vicinity of the proposed facility and/or within the premises of La Parguera Natural Reserve, all of which are federally protected under the Endangered Species Act and/or the Magnuson-Stevens Act. Moreover, as compensation for proposed impacts to mangrove areas and potential project impacts to other resources (including seagrass, sea turtles, manatees, birds, corals and coral critical habitat), the applicant proposes to restore a mangrove area adjacent to the project site currently used as an informal boat launching site, and to install, relocate and/or replace the anchoring system of, navigational aid/special uuse/mooring buoys in near-shore waters of La Parguera Natural Reserve, respectively. (2) Determined scope: (Only within the footprint of the regulated activity within the delineated water (Over entire property — DX] Based on the factors described above, the NEPA scope of analysis for this project includes waters of the U.S. and uplands within the footprint of the proposed project, immediately adjacent upland areas, the mangrove area proposed to be restored as compensation for proposed impacts to mangroves, and navigable waters of the U.S. within the premises of La Parguera Natural Reserve.CESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. b. Endangered Species Act (ESA) "Action Area”: (1) Action area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. (2) Determined scope: The ESA scope of analysis for this project encompasses waters of the U.S. and upland areas within the footprint of the proposed project, immediately adjacent upland areas, the mangrove area proposed to be restored as compensation for proposed impacts to mangroves, and navigable waters of the U.S. within the premises of La Parguera Natural Reserve. c. National Historic Preservation Act (NHPA) "Permit Area”: (1) "Permit Area" Tests ~ Activities outside the waters of the United States [Jare nov] are included because all of the following tests [_Jare not/[Jare satisfied: Such activity [_]would/ Xlwould not occur but for the authorization of the work or structures within the waters of the United States; such activity [is novfXlis integrally related to the work or structures to be authorized within waters of the United States (or, conversely, the work or structures to be authorized must be essential to the completeness of the overall project or program); and, such activity Lis novfXis directly associated (first order impact) with the work or structures to be authorized. [The footprint of the proposed boat ramp facility would include waters of the U.S. and upland areas (previously filled and paved salt flats).] (2) Determined scope: Based on the above tests, the permit area for this project includes the project footprint and its immediately adjacent upland areas, the mangrove area proposed to be restored as compensation for proposed impacts to mangroves, and all proposed navigational aid/special use/mooring buoy locations. 4, Public notice comments: The Comps circulated two separate public notices for this project under permit applications number SAJ-2006-05832 (Las Crayolas Boat Ramp) and SAJ-2006- 05857 (Magueyes Boat Ramp) on 30 April 2007 and 18 December 2007, respectively, for a 30- day comment period. (Please refer to Paragraph 1 of this document.) (1) The public also provided comments at [] N/A (_] public hearing, [_] public meeting, and/or [XJ via written communications and e-mails, (2) Commentors and issues raised: [] No comments were received from State or Local agencies, organizations, individuals or any other interested party. [x] Comments received are summarized in the following table.CESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. ‘Name/Agency and Date Issue National Marine Fisheries Service (NMFS) — Protected Resources Division (PRD); 8 May 2007 (via e-mail) and 28 March 2007 (via letter) For Las Crayolas and Magueyes boat ramps: - The NMFS-PRD expressed concem regarding potential impacts of the proposed boat launching facilities to dense seagrass beds and coral reefs, which serve as refuge and foraging habitat for listed sea turtles species, as well as coral reef areas colonized by threatened acroporid coral species. Specifically, the NMFS-PRD expressed concern about the direct impacts of project construction on seagrass, and on ‘mangrove and salt flat areas that serve as filters to reduce the input of nutrients and sediments to the marine environment, where changes in water quality could affect seagrass beds and coral reef’. They also expressed concern about the indirect impacts of the project to seagrass beds and coral reefs as a result of boat groundings due to the projected increased in boaters who are unfamiliar with the area, propeller scarring, fuel and oil spills, and spills of untreated sewage from boats. ‘The NMFS-PRD pointed out that seagrass resources within La Parguera Natural Reserve already suffer from mechanical impacts of boating due to the large number of vessels that utilize the area. They further pointed out that coral reef’ in La Parguera remain some of the healthiest in terms of coral cover, but have lost many of the elkhorn and staghorn coral colonies that were once dominant, and continue to suffer from human impacts. - The NMFS-PRD stated that the information available does not indicate that any attempt was made to minimize project impacts to seagrass beds, and mangrove and salt flat areas within the Reserve, despite suggestions from the community uring public meetings coordinated by the applicant + The NMFS-PRD expressed that the proposed mitigation is inadequate and insufficient to compensate for the loss of mangroves wetlands, salt flats and seagrass beds, and additional impacts to listed species’ habitat that would occur due to the projected increase in the number of recreational boats in the Reserve. - The NMFS-PRD requested that, given the location of the project and potential adverse effects to threatened andCESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. endangered sea turtle habitat and threatened coral species, the Corps prepare and submit to them a biological evaluation for concurrence, and recommended that a single ESA Section 7 consultation be conducted for the two boat ramp facilities rather than evaluating them as separate projects. - The NMFS-PRD recommended that, given the location of the project and importance of the area as fisheries habitat, an essential fish habitat (EFH) consultation be conducted pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act. - The NMFS-PRD encouraged the Corps to incorporate permit conditions and work with the DNER to secure additional beneficial modifications and/or mitigations to the boat ramp facility projects that would further lessen their potential ‘impacts to threatened and endangered species, and EFH. ‘National Marine Fisheries [The NMFS-HCD did not provide comments to the public Service (NMFS) - Habitat | notice. Conservation Division (uc) State Historic Preservation | The SHPO did not provide comments to the public notice. | Office (SHPO) | U.S. Fish and Wildlife Service (FWS); 30 May 2007 (via letter) For Las Crayolas boat ramp: - The FWS stated that the Las Crayolas site is currently an active boat ramp impacted by sediments from runoff and illegal filling. Vehicles and trailers often get stuck creating grooves and disturbing sediment profiles. - The FWS stated that the information provided in the public notice and the environmental assessment (EA) for the project does not adequately discuss the minimization measures to reduce the project’s impacts. - The FWS expressed concern about potential project’s indirect and cumulative effects on seagrass beds. Specifically, the Service expressed concern about the potential increment in sedimentation and turbidity in adjacent seagrass bed areas associated to prop wash from boats waiting to use the ramp, as, ‘well as an increase in anchoring impacts to seagrass beds lying further offshore due to increased boat traffic and anchoring resulting from the improved access. In addition, the ServiceCESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. pointed out that, even though the EA for the project includes an additional boat ramp near Magueyes Island, the cumulative impacts of the two ramp sites were not considered in the public notice or the EA. The FWS stated that the proposal for two sites, instead of one, should be better evaluated for the cumulative impacts. - The FWS expressed concern regarding the proposed mitigation plan, including (according to the public notice and EA) planting mangrove propagules on an area to the east of the project site that has been used as an improvised boat ramp plus two additional not quantified areas west of Las Crayolas, installing mooring buoys, and providing roosts for seabirds to provide nutrients for seagrass beds. The Service stated that no information was provided about a planting scheme for mangroves, guarantees on survival rates, protection of these areas, or any further details on this part of the mitigation. In addition, the Service stated that the provision of stakes as a benefit to seagrass beds in the area is questionable, given that seagrass beds exposed to high nutrient levels could be affected by overgrowth of undesirable algae. - The FWS recommended the development of a detailed titigation plan to be made part of the special permit conditions, including provisions for the maintenance of areas associated with the ramp (i.e. parking areas, access, etc.), and taking into consideration other alternatives such as marking shallow areas within the reserve colonized by seagrass and corals to prevent groundings, propeller scarring and fragmentation of the bottom habitat. - The FWS expressed their support to the proposed improvement of the Las Crayolas boat ramp facility, particularly if all other areas used as improvised boating access are closed and the habitat restored. For Magueyes boat ramp: - The FWS stated that as a result of their 30 May 2007 letter issued in response to the public notice for the Las Crayolas boat ramp project, they conducted meetings and site visits to evaluate alternatives or measures to minimize potential effects on endangered species and their habitats. They stated that as aCESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. result of those efforts, the DNER provided them with new information (applicable to both boat ramp facilities), including a plan to increase the number of mooring buoys; identify shallow areas; marking of navigational channels; establishment of no wake zones at the Caracoles, Mata La Gata, Enrique and Collado Cays; and installation of information signs at the boat ramp sites concerning the protection of seagrass beds, the correct use of mooring buoys, and recommendations to avoid potential groundings in shallow areas, among others. In addition, the DNER provided information on the mitigation plan proposed for the project’s unavoidable impacts. - The FWS expressed that the minimization measures proposed by the applicant adequately addressed their concerns regarding potential impacts to seagrass beds and effects on the feeding habitat of the Antillean manatee (Trichechus manatus ‘manatus). In addition, they recommended including the ‘minimization and compensation measures proposed by the applicant, as well as the restoration of the project site by fill removal to pre-project construction conditions, as part of the Corps" special permit conditions. Mr. Julio Morell and Dr. Jorge Corredor (Professors from the Department of Marine Sciences (DMS) from the University of Puerto Rico at Mayagilez (UPRM) and residents of La Parguera); 22 May 2007 and 25 May 2007 (via e-mail) ‘Mr. Morell and Mr. Corredor expressed their support for the Las Crayolas boat ramp facility project. They pointed out the | need for appropriate marine access facilities in the area, stating that current facilities are deteriorated and dangerous, and cause inconvenience and expense to users. This have resulted in several spots being used as improvised boat launching sites, with disastrous environmental consequences such as damage to mangroves and re-suspension of sediments that are then transported to adjacent seagrass beds and reefs. Mr. Ivan Lépez-Irizarry (resident of La Parguera); 22 May 2007 (via e-mail) ‘Mr. Lépez expressed his support for the Las Crayolas boat ramp facility project, as he considers that it would benefit the ‘community and would help protect and conserve the marine resources of the area. Dr. Fred V. Soltero- Harrington (Former DNER Secretary, UPRM Chancellor, UPR President, DMS Director; 18 January 2008 (via letter) Dr. Soltero-Harrington expressed opposition to the Magueyes boat ramp facility project, for considering that it would seriously affect and interfere with the normal operations of the | UPRM-DMS, particularly the parking area that has been | historically used by the Departments’ students and personnel. Dr. Soltero-Harrington requested the Corps to recommend the DNER to identify an alternate location for this project inee CESAI-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. nearby areas of La Parguera. Dr. Maximo Cerame- Vivas (Founder and Former Director of the DMS); 17 January 2008 (via e-mail) Dr. Cerame-Vivas expressed opposition to the Magueyes boat ramp project and urged the Corps not to grant a permit for this proposal. Mr. Cerame-Vivas argumented that the proposed project site has been historically, and is currently, used by the DMS professors, students, personnel and visitors to access their Magueyes Island facilities, and that the existing parking area is already very limited. Consequently, the proposed project would impair, constrain and curtail the activities and operations of the DMS. He recommended the project to be located farther to the east of the proposed area, at a site owned by the DNER (Playita Rosada). Dr. Juan A. Rivero Dr. Rivero opposed to the proposed project for considering (Distinguised Professor of | that it would strongly affect the DMS operations, and stated UPRM); 13 January 2008 | that there are other sites in La Parguera better suited for the (via e-mail) proposed boating access facility. Dr. Paul Yoshioka (DMS Professor); 15 January 2008 (via letter) ~ Dr. Yoshioka expressed opposition to the proposed Magueyes boat ramp project and requested a public hearing. In addition, he pointed out that since another boat ramp facility is already proposed for the nearby Las Crayolas area, the need for and additional ramp facility is questionable. - Dr. Yoshioka stated that the existing uses of the site, largely for the operations of the DMS (i.e. parking; transport of materials, vehicles, heavy equipment, students, staff and visitors to and from Magueyes Island), were not considered in the public notice and the EA. He further stated that the proposed facilities would cause a serious traffic congestion problem in the area and would affect the DMS operations. Dr. Emest Williams (DMS Professor); 30 January 2008 (via letter) Dr. Williams opposed to the Magueyes boat ramp project and expressed that the selection of this site is inappropriate. He specifically stated that this site is too congested, not only in the parking area but also in the narrow channel between the Magueyes Island and La Parguera, where all boats would coincide during launching and retrieving activities. He stated that this would substantially affect the DMS operations of transporting students, faculty, staff, equipment, cargo, etc. A total of 48 additional communications were received from DMS professors, graduate ‘All these communications expressed opposition to the proposed Magueyes boat ramp facility project, mainly because it would affect the operations of the DMS. Most of them supported the statements made by Dr. Paul Yoshioka in his 10CESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. students, staff and alumni; | letter dated 15 January 2008. Some of these communications residents of La Parguera, | also expressed concem regarding potential project impacts to and others; 15 January —_| the aquatic environment (particularly seagrass, corals and coral 2008 - 20 January 2008 | reefs) and/or included requests for a public hearing. (via e-mail and letter) (4) Issues identified by the Corps: [JN/A []Yes After the close of the comment period for each of the public notices, the Corps reviewed all the information available related to the Las Crayolas and Magueyes boat ramp facility proposals, as well as the comments received from the federal agencies and the general public. The Corps identified the following issues: For Las Crayolas boat ramp: = The Corps had concems regarding potential project impacts to sensitive aquatic resources, such as seagrass beds, corals and coral reefs, which would result from increased boating activities in La Parguera. = The Corps determined that the applicant had not submitted sufficient/adequate information regarding the evaluation of alternative site locations, practicable modifications or alternatives to the proposed project that could prevent and/or minimize the project’s potential impacts to the aquatic environment, and the compensatory mitigation plan to compensate for the project’s unavoidable direct and indirect impacts to the aquatic environment. For Magueyes boat ramp: - The Corps had concems regarding potential conflicts between the proposed uses of the project site and the regular operations of the DMS (mainly based on the characteristics of the site, available parking spaces historically used by the DMS students and personnel, DMS operations that are strictly dependent on the existing dock, size of the channel between Magueyes Island and the proposed facilities, nearby stilt houses and associated boats, and number of boaters coexisting in La Parguera during peak seasons, among others.) - The Corps determined that the applicant had not provided information regarding the evaluation of the existing uses of the area (including the interacting community, number of existing parking spaces, etc.). Also, the Corps determined that the applicant had not provided information on the logistics of the shared use of the proposed facility by the DMS ferry transporting personnel/students to and from Magueyes Island and the boaters simultaneously launching and retrieving their boats, and on whether and how the availability of parking spaces for the DMS students/personnel would be guaranteed. - The Corps determined that the applicant had not provided information on why the proposed project must be located in that particular location, when there is another boat ramp facility ulCESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. already proposed to be constructed in a nearby area; practicable modifications or alternatives to the proposed project that could prevent and/or minimize the project’s potential impacts to the aquatic environment; and, the compensatory mitigation plan to compensate for the project’s unavoidable direct and indirect impacts to the aquatic environment. ‘As mentioned in a previous section of this document, later during the evaluation process of the Las Crayolas and Magueyes boat ramp proposals the Corps determined to continue their processing and evaluation jointly, as a single and complete project, based on the fact that both proposals shared the same applicant, location, area of service, area of potential impacts and Purpose. (5) Issues/comments forwarded to the applicant: [N/A [X]Yes Comments received from the NMFS-PRD, FWS and the general public, as well as the above-described Corps particular concerns, were coordinated with the applicant via letters dated 21 May 2007 and 20 June 2007 (for Las Crayolas Boat Ramp), and 13 February 2008 and 26 February 2008 (for Magueyes Boat Ramp). Further comments, as well as information required by the Corps and/or requested by NMFS-PRD, were coordinated with the applicant via letter dated 20 October 2008, meeting dated 11 November 2011, e-mails dated 14 February 2012, 1 March 2012 and 5 October 2012, and telephone conversation dated 9 May 2013. (6) Applicant replied/provided views: [N/A Yes The applicant provided responses to the comments received in response to the public notices, as well as to the Corps particular concerns and further information required by the Corps and the NMFS-PRD, via submittals dated 22 February 2008, 25 June 2008, 7 July 2011, 6 December 2011, 13 April 2012, 21 November 2012, 17 April 2013 and 15 May 2013. (7) Comments not discussed further in this document as they are outside the Corps purview: DJ N/A (] Yes 4, Altematives analysis: a. Basic and Overall Project Purpose and Need (as stated by applicant and independent definition by Corps): &] Same as in Paragraph 1 (1 Revised: Insert revised project purpose or need here; and, explain why it was revised . Water Dependency Determination: [&] Same as in Paragraph 1 12CESAJ-RD-NA_ SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. (Revised: Insert revised water dependency determination here if it has changed due to changing project purpose or new information c. Applicant preferred alternative site and site configuration: (Same as project description in Paragraph 1 DX] Revised: Based on an evaluation of the numerous comments received from the Corps, the federal agencies and the public, the applicant decided to reduce the scope of the proposed work to only include the Las Crayolas Boat Ramp Facility component. In addition, the applicant decided to slightly modify the proposed configuration/layout of the Las Crayolas boat ramp facility. The newly proposed project is as follows: The applicant proposes the demolition of an existing boat ramp located at a site known as Las Crayolas, and construction of a new boat ramp facility at this same site. The proposed facility would consist of a two-lane concrete boat ramp structure with a boarding dock, a vehicle maneuvering area and about 16 car-trailer parking spaces. The boarding dock would be approximately 67 ft long x 8 ft wide, and would be adjoined by two approximately 74 ft long x 16 ft wide single-lane concrete boat ramps, one on each side of the dock. The boarding dock would be supported by 12 piles (12-inches in diameter), which would be installed with a hydraulic pile hammer driver. The construction of the boat ramp facility would require the dredging of about 1000 m’ of material from the waters of the United States. Dredging would be conducted with a long arm backhoe dredge. The dredged material would be temporarily deposited in the proposed parking area (salt flat area), for subsequent use as fill material in the project site and/or disposal atthe closest municipal landfill. The proposed work would also require the discharge of about 550 m’ of fill material into approximately 0.06 acres of waters of the U.S. forthe construction ofthe boat ramp structure. Of these, approximately 350 m’ would be used for the construction of the ramp and its sub-base, and approximately 200 m’ would be used to create a temporary work platform for the driving of the dock piles and a temporary sheet pile. In addition, construction of the vehicle maneuvering and car-trailer parking area would require the discharge of fill material into approximately 0.336 acres of waters of the United States (including salt flat and mangrove areas). Overall, the construction of the proposed project ‘would require impacts to approximately 130 m” (0.032 acres) of mangroves, 637 m’ (0.16 acres) of partially disturbed salt flats, 1,668 m” (0.41 acres) of already filled/paved salt flats (uplands) and 234 m* (0.06 acres) of submerged lands. Criteria: Impacts to threatened/endangered species and/or their critical habitat; Impacts to seagrass beds; Impacts to mangrove wetlands and/or salt flats; Marine access capacity; Infrastructure and physical features of the area; Land use conflicts 1BCESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application $AJ-2006-05857. Issue ‘Measurement and/or constraint manatees and the Yellow- shouldered blackbird), and/or Impacts to threatened/endangered | Prevent adverse effects species (listed sea turtles, corals, features of the area their critical habitat Impacts to seagrass beds Prevent and/or minimize impacts as much as ossible Impacts to mangrove wetlands | Prevent and/or minimize impacts as much as and/or salt flats possible ‘Marine access capacity ‘The boat launching facility must provide equivalent or better marine access capacity compared to the current access capacity offered in La Parguera (to ensure that boat launching and retrieving activities are conducted in an organized and efficient manner). Infrastructure and physical The boat ramp facility location and design must provide suitable marine access conditions (i.e. topography, slope, water depth and ramp/dock length) to ensure adequate and safe boat launching and retrieving operations. Land use conflicts Prevent potential conflicts in the uses of the area. 4. Off-site locations and configuration(s) for each: (e.g. alternatives located on property not currently owned by the applicant are not practicable under the Section 404(b)(1) Guidelines as this project is the construction or expansion of a single family home and attendant features, such as a driveway, garage, storage shed, or septic field: or the cons or other farm building; or the expansion of a small business fac ‘ction or expansion of a barn and involves discharges of dredged or fill material less than 2 acres into jurisdictional wetlands.) [Although the proposed project is intended to improve existing boat access facilities at La Parguera, based on the ‘comments and recommendations received in response to the public notices, the practicability of constructing a new boat access facility at La Parguera, as an alternative to the proposed project, was evaluated based on the above-described criteria.] Off-site locations and configurations Description ‘Comparison to eriteria Club Nautico de La Parguera | Marine access capacity/ Land use conflicts: There used Site (located to the eastern _| to be a boat ramp at this site as part of the facilities of the side of La Parguera) Club Nautico de La Parguera, but said ramp no longer exists. This site offers very limited capacity to provide marine access to the public (due to its limited size), such as to ensure organized and efficient boat launching and 14CESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. retrieving operations. In addition, constructing the project, at this site would create potential conflicts in the uses of the facility by the members of the Club Nautico and the public. Based on the above, this site was discarded from further consideration as impractical. ‘New site near La Parguera’s wastewater treatment plant (located to the westem side of La Parguera) Impacts to threatened and endangered species and/or their critical habitat/ Impacts to seagrass beds/ Impacts to mangrove wetlands and/or salt flats: This site has no existing ramp facilities (ie. itis an undisturbed area), and is | relatively distant from the road and separated from it by a dense red mangrove wetland area. Consequently, constructing the project and the required access road at this, site would potentially result in significant adverse impacts to red mangrove wetlands and to the federally listed endangered Yellow-shouldered blackbird (Agelaius xanthomus), which is nesting habitat. In addition, construction of the project, ‘would potentially result in adverse impacts to seagrass beds, listed corals and/or their critical habitat, Based on the above, this alternative was discarded because, as described below, another less environmentally damaging practicable alternative location was available. Playita Rosada Site (located to the east side of La Parguera) Impacts to mangrove wetlands and/or salt flats/ Impacts to threatened/endangered species and/or their critical habitat/ Impacts to seagrass beds/ Infrastructure and physical features of the area: This site does not have an existing boat ramp facility. In order to construct an access toad to the shoreline, it would be required to eliminate a considerable area of red mangroves (potential significant adverse impacts to mangrove wetlands and the federally listed endangered Yellow-shouldered blackbird (A. xanthomus). In addition, benthic habitats at this site are dominated by extensive dense seagrass beds (potential significant adverse impacts to seagrass beds). Moreover, the coastal depth profile is too shallow to allow adequate and safe boat launching and retrieving operations. Based on the above, this altemative was discarded from further consideration as impractical and because of its potential to result in significant adverse impacts to the aquatic environment. 15CESAI-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. ¢. Off-site locations selected for further analysis and why: N/A [] £. On-site configuration Given that the proposed project originally contemplated the construction of boat launching facilities at the Las Crayolas and Magueyes sites, this alternative is evaluated/discussed below, as part of the alternatives for on-site configurations. Description ‘Comparison to eriteria Construction of boat ramp facilities at Las Crayolas and ‘Magueyes sites versus construction of a single boat ramp facility at Las Crayolas site | public and institutional uses of this site by the UPRM-DMS, Construction of a single boat ramp facility at Las Crayolas, instead of constructing facilities at the two sites, would prevent/minimize potential direct, indirect and cumulative impacts to the sensitive aquatic resources (such as seagrass, listed corals, coral reefs, sea turtles and manatees) of La Parguera Natural Reserve, resulting from construction and use of the facilities, as well as from the expected significantly higher number of boats at La Parguera. In addition, although the Magueyes site is currently being used for boat launching purposes, there are conflicts between the particularly during peak seasons. These conflicts include: significant traffic congestion, limited parking availability, and blocking of the existing dock and barge landing area historically used by the DMS for the transport of students, staff, vehicles, equipment, etc., to and from their nearby marine research facilities located at the Magueyes Island, all of which affect and interfere with the normal operations of the DMS. Given the limited infrastructure and size of the area, increasing the public use of this site by constructing a boat ramp facility would substantially increase the ‘magnitude of current conflicts in the uses of the area, which would seriously affect the DMS operations. This would also affect the community of La Parguera, particularly those residents living in the vicinity of the Magueyes site. Other on-site configurations The proposed boat ramp facility would be located in a highly disturbed area, heavily used for boat launching purposes. Salt flat areas within the footprint of the proposed project have been already impacted from use for car-trailer parking purposes. In addition, the proposed boat ramp and associated dock would be located over the footprint of the existing ramp, as well as over a mixture of hard substrate (bared and covered by sediments) and soft sediment sea bottom areas covered by algae. No seagrass, listed corals or coral critical habitat 16CESAI-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. g. Other alternatives not requiring ‘features are present in the proposed boat ramp and dock footprint. Construction of the proposed project would require impacts to only a small area of red mangroves. A boat ramp facility of a smaller size or configuration than the proposed | alternative would occupy the same general area, thus resulting in similar potential effects to the same aquatic resources. Based on the above, further consideration of alternative boat ramp facility sizes/configurations was not deemed necessary. a permit, including “No Action”: Description ‘Comparison to criteria “No Action” alternative The no-action alternative is impractical as it would not allow improving the existing boat launching facility at Las Crayolas, in order to provide a safer and more organized/efficient marine access. Consequently, the boaters would continue using the deteriorated, unsafe and poorly-designed existing boat ramp, and the adjacent salt flat areas to park their cars and trailers. Likewise, without | an appropriate boat ramp facility, the boaters would continue using the existing informal boat launching sites at and near Las Crayolas. These practices would perpetuate current propeller wash, sedimentation and water quality degradation problems, affecting adjacent sensitive aquatic resources such as seagrass, listed corals and coral reef. In addition, these practices would not allow for the restoration of a mangrove area to the east of the existing ramp that has been adversely impacted by its use as an improvised boat launching site. Furthermore, because of the limited boat access capacity and inadequate design of the existing facility, boat launching activities would continue to be disorganized, inefficient and unsafe for the boaters of the area. h. Altematives not practicable or reasonable: As noted above, the “no action” alternative would not be practicable or reasonable, as it would not allow achieving the overall project purpose and would perpetuate current adverse impacts to the aquatic environment. In addition, constructing a boat access facility at the Club Nautico de La Parguera would not be practicable or reasonable, because of the site limitations to provide adequate marine access capacity (for public use) and potential use conflicts between the public and the members of the Club Nautico. 7CESAJ-RD-NA SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for Permit Application SAJ-2006-05857. Further, the alternative of constructing a marine access facility at Playita Rosada would not be practicable, as this area does not provide adequate physical features (i.e. the coastal depth profile is too shallow) to allow adequate and safe boat launching and retrieving operations, and would result in significant adverse impacts to mangrove wetlands and seagrass beds. i, Least environmentally damaging practicable altemative: Proposed alternative (as described in section 4.¢ of this document) The nature and scope of the proposed project render the total avoidance of impacts to waters of, the United States and the aquatic environment unfeasible. However, through the elimination of the Magueyes boat ramp facility component from the scope of the proposed project, the applicant considerably reduced potential adverse direct, indirect and cumulative impacts to sensitive aquatic resources in La Parguera. In addition, the design of the proposed boat ramp facility effectively avoided direct impacts to sensitive benthic resources, including dense seagrass, listed corals and coral critical habitat. According to the information provided, further avoidance and minimization of direcv/indirect impacts to sensitive aquatic resources, such as seagrass, listed corals and their critical habitat, as well as listed sea turtles and manatees, associated to the construction and operation of the proposed facilities would be achieved with the following ‘measures: constructing the proposed facility within an already impacted area (currently used for the same purpose); designing the boat ramp structure with an adequate length and slope (such as to ensure efficient boat launching activities, which would help prevent/minimize propeller dredging and the resulting sediment re-suspension, as currently happens at the existing boat ramp and improvised boat launching sites); installing turbidity barriers around all in-water construction areas prior to commencement of construction activities; developing and implementing a General Consolidated Plan, including the placement of silt curtains around the construction perimeter and hay stacks at run-off collection points (in order to prevent sediment ‘transport into the aquatic environment); installing a temporary sheet pile around the in-water construction footprint; constructing a stormwater management system (stormwater filter) as part of the proposed facilities to prevent stormwater discharges directly into the sea; installing navigational aid/special use buoys delineating navigation channels, as well as shallow areas with sensitive benthic resources within La Parguera Natural Reserve; and, installing two mooring buoys near the proposed boat ramp area to prevent damages to benthic communities from boaters waiting to retrieve their boats from the water. Moreover, the project would help reduce direct, impacts to sensitive aquatic resources associated to informal boat launching and retrieving practices in La Parguera, by consolidating/climinating existing informal boat launching sites into a well-designed and organized boat launching facility that would satisfy the needs of the recreational boaters of the area. Therefore, the Corps understands that potential environmental project adverse impacts have been avoided/minimized to the maximum extent practicable, and the project would not result in significantly adverse impacts to waters of the U.S. or the aquatic environment. Based on the above, and after reviewing all the other alternatives, it has been adequately demonstrated that the proposed alternative is the least environmentally damaging and 18,