UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2



### APR 2 2 2005

Lisamarie Carrubba, PhD Essential Habitat Specialist 290 BROADWAY NEWYORK, NY 10007-1866

NOAA Fisheries, CaribbeanField Office Habitat ConservationDivision P.O. Box 3323 Lajas, PR 00667-3323

Dear Dr. Carrubba:

This letteris sent as a follow up to ourtelephone conversation to provideNOAA National Marine Fisheries Service (the Service) with a formal opportunity to comment on the modification to the designations ofthe ocean dredged material disposal sites around Puerto Rico (at 40 CFR 228.16) that are being contemplated byU.S. Environmental Protection Agency (EPA) before they are published inthe FederalRegister. Bythis letter, we request the Service's concurrence that this Regulatorymodification is not likely to result in the destruction or adverse modification ofEssential Fish Habitat ofspecies entrusted to the Service under the Magnuson-Stevens Fishery Conservation and Management Act. Currently, each ofthe five ocean dredged material disposal sites around Puerto Rico (Arecibo Harbor, PR; Mayaguez Harbor, PR; Ponce Harbor, PR; San Juan Harbor, PR; YabucoaHarbor, PR) is restricted to receive onlymaterials from within the confines of the harbor for which it is named (San Juan Harbor, PR can also receive material from
areas within 20 miles oftheharbor entrance). The contemplated rule change would
remove the geographic restrictions fi:om the sites' designations. This action has notbeen initiated in response to any immediate need; rather, EPAbelieves that this action is appropriate at this time to proactivelyprovide flexibility to coastal managers in meeting any eventual dredged material management needs that may arise due to emergencies (e.g., posthurricane) and/or potential future development activities in areas outside the harbors currentlyprovided for bythe Regulations.

It is important to emphasize that the proposed modification does not alter any ofthe other requirements ofthe Regulations goveming ocean disposal ofdredged material. No dredged mate1ial will be approved for disposal at the sites unless it has been shown to be suitable for ocean disposal (i.e., conforms with the testing requirements of40 CFR227.6 and 40 CFR 227.27). In addition, all disposal activity mustbe conducted in accordance withthe approved Site Management and Monitoring Plan (SMMP) for each site and any other special restrictions deemed necessarybythe U.S. Army Corps ofEngineers and EPA. Becausenone ofthese other protections wouldbe changed, onlythe same types of

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable •Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paperdredged material will be eligible for disposal; EPA does not believe that this Action warrants additional environmental concern.
This Regulatory action is not being taken in response to any specific request. Therefore, it is difficult to projecthow much additional volume mightbe disposed at the site. Itis possible that the modifications may not even cause any actual increase because ofthe expense ofocean disposal testing and transportation. However, EPAhas examined the recent history ofusage ofthe sites to determine how volumes ofdredged material managed at the sites compare to projections used to evaluate impacts for the original EIS process supporting designation ofthe sites.
San Juan Harbor, PRhas been the only site to receive dredged material since its designation. 930,000 cubic yards (cy) were originallyprojected to be disposedbiennially at SanJuan Harbor, PR ODMDS. Since 2000, approximately 2.4 million cyhas been disposed; the majority ofthis material was derived :fi·om deepening and widening ofthe federal navigation channels and from construction ofthe Rio Puerto Nuevo flood control project. Less than 800,000 cywere maintenance dredged material and therefore we would anticipate this to approximate the future amount ofmaterial from San Juan Harbor that will require management at the site. Eighty thousand cy ofsediment was most recently dredged from Arecibo Harbor (used for beach nourishment); whereas 150,000 cy was projected on a biennial basis. There has beenno recent dredging inthe remaining harbors having disposal sites. Therefore, despite major improvementprojects planned for Ponce and YabucoaHarbors, we anticipate that the continuing dredged material maintenance needs will be less than the 250,000 (to 290,000) cy and 150,000 cy projected to be disposed biennially at the two sites, respectively. Similarly, EPA anticipates that future maintenance needs in Mayaguez Harborwill be less than the 53,500 cyprojected to be disposed biennially at that site. Based onthis analysis, EPA does notbelieve that the proposed action will increase volumes disposed at the site to amounts exceeding those originallyprojected for the sites and therefore does not present concerns beyond those considered in the original NEPA evaluations.

EPA anticipates that there will be a limit onthe radius ofpotential users which might pursue disposing dredged material at any given site based onthe cost to benefit aspects associated with using the site to dispose ofmaterial from particularprojects. It is difficult however, to projectwhere additionalprojects would be located. EPA anticipates that increased usage is most likely at the YabucoaHarbor, PR site. Emergency dredging of Fajardo Harbor was necessary after Hurricane Georges passed over Puerto Rico (1998). There also couldbe dredged material management needs arising from re-development of Roosevelt Roads Naval Station and territories east ofPuerto Rico itself. Transit of loaded barges from additional areas could present an additional environmental concern to sensitive habitats and trust resources beyond those considered in the EIS supporting the initial site designations. While EPArecognizes this additional potential for concern, we wish to reassure the Service that there will be an opportunityto establish restrictions on routes and methods oftransportation to minimize any impacts to trust resources before anypermit or authorization is issued for disposal at the site. This opportunityis providedto the Service during the public and Agency comment period that is required before issuance ofanyUSACE permit or authorization ofany federal dredging project.
Several ofthe sites affected bythis proposed modification are currentlybeing used or are beingplanned for use for disposal ofdredged materials. This generally makes them preferable to more pristine sites that have eithernot been used orhave been used in the
more distant past. See 40 CFR 228.5(e). Beyond this, however, EPA's evaluation ofdata and modelingresults indicates that past disposal operations at the SanJuan Harbor, PR ODMDS have not resulted 

### in unacceptable or unreasonable environmental degradation, and that there should be no significant adverse cumulative environmental effects from continuing to use the site on a long-term basis. EPA anticipates that the same will betrue for the other sites; there is no reason to believe that the additional material that maybe disposed as a result ofthis modification would change that determination. Furthermore, EPA believes that enabling management ofthe additional dredged materials at monitored designated sites restricts impacts to those areas and minimizes the potential for using other discharge strategies with potentially greater impacts to the marine environment. As such, EPA believes that the proposed rule would afford additional protection ofaquatic organisms at individual, population, community, or ecosystem levels ofecological structures.
Inlight ofthe above factors, EPArequests the concurrence ofthe Service that the proposed action as described is not likely to result in the destruction or adverse modification ofEssential Fish Habitat ofspecies entrusted to the Service under the Magnuson-Stevens Fishery Conservation and Management Act. Please provide us with your determination before May 15,2005. Ifyou have any questions about the proposed action orEPA's assessment ofpotential impacts to Essential Fish Habitat, please do not hesitate to contactMar · eiss at (212) 637-3799. 

# /

..--J-

..:/ I

.·

### ~~ / .·· ......----: .' 

### z_lfank

____

## -Y9li;

# ?ts~-----··----------·--------·--·· '/•

.**-·~** 

### /

.. . / / 

### -.,_
.- / • 1: /

. "\ /

. 1

. . ' 

### I

# Dou~l~s lj

# Team~e~ier**Dred~~aterial** Management Team

Diviskin ofEnvironmental Planning and Protection