Roman, Carmen G SAJ Roman, Carmen G SAJ Tuesday, September 16, 2014 6:54 AM ‘Lisamarie Carrubba - NOAA Federal Carmen A. Morales Mateo’; Anabel Padilla RE: [EXTERNAL] SAJ-2014-00784 (NWP-CGR), Drilled Shaft Wall and Erosion Protection Structure, PR-25R, San Juan (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: FOUO Hil Good Morning Lisamari: Acknowledge receipt of information below. Thané you very much. We agree with your determination below and our informal consultation is hereby withdraw. Sincerely, Gisela Roman Project Manager -Original Message- From: Lisamarie Carrubba - NOAA Federal (mailto: 1isamarie.carrubbafnoaa.gov] Sent: Monday, September 15, 2014 6:07 PM To: Roman, Carmen G SAI Cc: Carmen A. Morales Mateo; Anabel Padilla Subject: [EXTERNAL] SAJ-2014-08784 (NWP-CGR), Drilled Shaft Wall and Erosion Protection Structure, PR-25R, San Juan Saludos Gisela: As I noted in my email to you of September 4, 2014, I did a site inspection for the above- referenced project with the Puerto Rico Highway and Transportation Authority (PRHTA) on September 3, 2014. In my email, I mentioned my main concern with the project, based on what I saw during the site inspection, related to the potential for sediment and other material transport seaward because my other concerns (expressed in my July 24, 2014, email to you in response to your Endangered Species Act [ESA] Section 7 consultation request letter dated July 23, 2014) were addressed during the site inspection. I received a response with the additional information from PRHTA via email on September 5, 2014. Based on this additional information, the site inspection, and PRHTA's decision to place the seaward line of large boulders as the first step in the project in order to control erosion and sediment transport related to the project, we can find no plausible route of effects from the proposed action that could lead to adverse effects to any ESA-listed species under our purview that may be in the project area, specifically swimming sea turtles and corals, as well as coral critical habitat. The likelihood of adverse effects occurring is so extremely renote or infeasible that it is implausible to assume that the effects could occur. Therefore, we do not believe an ESA Section 7 consultation is necessary for this project. To clarify why we do not see plausible routes of effects from this project, we are providing the following guidance. We believe there is nc plausible route of adverse effects or direct physical injury to any ESA-Listed species in the project area from the construction of the drilled shaft wall and shoreline erosion protection structure because the majority of the 1work will take place on the dry pa, . of the beach or on the steep slupe landward of the beach. Based on the site inspection, there are no ESA-listed corals on the beach rock lining the beach in the inmediate project area and the project will be constructed on sand. The only portion of the project that may be in the water (depending on tides) is the easternmost segment. Because of our concern that work in this area where clearing of rocks and the construction of an access down the slope is required could result in the transport of sediment and other materials to nearshore water where coral critical habitat is present and ESA-Listed coral colonies likely occur, PRHTA has agreed to alter the project phasing in order to install the large boulders seaward of the mattresses and geotubes as the first step in the project. This will minimize the potential transport of sediment and other materials from the construction of an access point and the limited clearing of rocks from the easternmost portion of the beach (needed to ensure the mattress lays flat on the beach slope.) Please let me know if you need additional information or have any questions regarding our determination. Please also confirm whether the USACE is in agreement with our determination and willing to withdraw your consultation request for this project. Thanks, Lee Dr. Lisamarie Carrubba NOAA Fisheries Caribbean Field Office, PRD P.0. Box 1310 Boquerén, PR 00622 787-851-3700 787-851-5588 (Fax) Classification: UNCLASSIFIED Caveats: FOUOUnited States Department of the Interigr 5 FISH AND WILDLIFE SERVICE yy, Q Caribbean Ecological Services 4 yp Field Office wy, PO. Box 491 es Bogueron, PR. 00622 A In Reply Refer To: AUG 0 6 2014 FWS/R4/CESFO/72127-Gen Sindulfo Castillo Chief, Antilles Regulatory Section US Army Corps of Engineers 400 Fernandez Juncos Ave, San Juan, Puerto Rico 00901-3299 Re: SAJ-2014-00784(NWP-CGR) Dear Mr. Castillo: Thank you for your letter dated July 23, 2014, requesting concurrence with your effect determination for the compliance with Section 7 of the Endangered Species Act. Our comments are provided under the Endangerec Species Act (Act) (87 Stat. 884, as amended; 16 United States Code 1531 ef seg.), and in accordance with the Fish and Wildlife Coordination Act (47 Stat. 401, as amended; 16 U.S.C. 661 ef seq.), and the Marine Mammal Protection Act (86 Stat. 1027, as amended; 16 U.S.C. 1361 e1 seq.). The project consists of the discharge approximately of 53.57 cubic yards of fill material ‘on approximately 0.03 acres of navigable waters of the United States. This fill is to install a polymeric mattress and the placement of stockpiled stones on top of the mattress. In addition, a container will be installed over the mattress. ‘The purposes of these structures are the stabiliz: n and restoration of the shore bank and to protect the PR- 25R at Km. 1.1 from future landslides, The Project is located near the Hamburger Restaurant, Old San Juan, Puerto Rico. Based on a review of the information provided and that available in our office. the proposed action lies within the range of the endangered green sea turtle (Chelonias ‘Mydas), and the hawksbill sea turtle (Eretmochelys imbricate). However, based on the nature of the project, the site characteristics and on the implementation of appropriate conservation measures (enclosed) we concur with your determination that the proposed project may affect, but is not likely to adversely affect the green sea turtle , the hawksbill sea turtle or their habitat. Therefore, no further consultation is required. Nevertheless, if the project is modified or if information on impacts to listed species becomes available this office should be contacted concerning the need for the initiation of consultation under section 7 of the Act.Mr. Castillo 2 ‘Thank you for the opportunity to comment on this project. We appreciate your interest in protecting endangered species and their habitats. It is the Service’s mission to work with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of our people. Please do not hesitate to contact Marelisa Rivera 787- 851-7297, extension 206, should you have any questions concerning our comments. Sincerely yours, wy dwin E. Muniz Field Supervisor meh Enclosure