UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2



### APR 

## 2 2 2005

Edwin Mufiiz Director U.S. Fish and Wildlife Service P.O. Box 491 Boqueron, PR 00622

Dear Mr. Mufiiz: 290 BROADWAY NEWYORK, NY 10007-1866

This letter is sent as a follow up to our telephone conversation to provide U.S. Fish and Wildlife Service (the Service) with a formal opportunityto comment on the modification to the designations ofthe ocean dredged material disposal sites around Puerto Rico (at 40 CFR 228.16) that are being contemplatedbyU.S. Environmental Protection Agency (EPA) before they are published inthe FederalRegister. Bythis letter, we request the Service's concurrence that this Regulatory modification is not likelytojeopardize the continued existence ofany endangered orthreatened species or result in the destruction

or adverse modification ofhabitat ofsuch species entrusted to the Service under the Endangered Species Act.
Currently, each ofthe five ocean dredged material disposal sites around Puerto Rico (Arecibo Harbor, PR; Mayaguez Harbor, PR; Ponce Harbor, PR; San JuanHarbor, PR; Yabucoa Harbor, PR) is restricted to receive only materials 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 ofthe harbor entrance). The contemplated rule change would
remove the geographic restrictions from the sites' designations. This action has notbeen initiated inresponse to any immediate need; rather, EPAbelieves that this action is appropriate at this time to proactively provide flexibility to coastal managers in meeting any eventual dredged material management needs that may arise due to emergencies (e.g., posthurricane) and/orpotential future development activities in areas outside the harbors currentlyprovided for bythe Regulations.

Itis important to emphasize that the proposed modification does not alter any ofthe other requirements ofthe Regulations governing ocean disposal ofdredged material. No dredged material will be approved for disposal at the sites unless ithas been shown to be suitable for ocean disposal (i.e., conforms with the testing requirements of40 CFR 227.6 and 40 CFR227.27). In addition, all disposal activity mustbe conducted in accordance with the approved Site Management and Monitoring Plan (SMMP) for each site and any other special restrictions deemed necessary bythe U.S. Army Corps ofEngineers and EPA. Becausenone ofthese otherprotections would be changed, only the same types of

Internet Address (URL) o http://www.epa.gov Recycled/Recyclable •Printed with Vegetable Oil Based lnlts 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 notbeing taken in response to any specific request. Therefore, it is difficult to project how much additional volume might be disposed at the site. It is possible that the modifications maynot 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 of-dredged material managed at the sites compare to projections used to evaluate impacts for the original EIS process supporting designation ofthe sites.

SanJuan Harbor, PRhas been the only site to receive dredged material since its designation. 930,000 cubic yards (cy) were originallyprojectedto be disposed biennially at San Juan Harbor, PR ODJYIDS. Since 2000, approximately 2.4 million cyhas been disposed; the majority ofthis material was derived from 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 SanJuan 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 biennialbasis. There has been no recent dredging inthe remaining harbors having disposal sites. Therefore, despite major improvement projects planned for Ponce and Yabucoa Harbors, 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 Harbor will be less than the 53,500 cyprojected to be disposed biennially at that site. Based onthis analysis, EPA does not believe that the proposed action will increase volumes disposed at the site to amounts exceeding those originallyprojected for the sites and therefore does notpresent
concerns beyond those considered in the original NEPA evaluations.

EPA anticipates that there will be a limit on the radius ofpotential users which might pursue disposing dredged material at any given site based on the cost to benefit aspects associated with using the site to dispose ofmaterial from particularprojects. Itis difficult however, to project where additional projects wouldbe located. EPA anticipates that increased usage is most likely at the Yabucoa Harbor, PR site. Emergency dredging of Fajardo Harborwas 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 concem to sensitive habitats and trust resources beyond those considered inthe 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 opportunity is providedto the Service dming the public and Agency comment period that is required before issuance ofany USACE 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 CPR 228.5(e). Beyond this, however, EPA's evaluation ofdata and modeling results indicates that past disposal operations at the San Juan Harbor, PR ODMDS have not resulted in unacceptable orunreasonable 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, EPAbelieves 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.

In light ofthe above factors, EPArequests the concurrence ofU.S. Fish and Wildlife Service that the proposed action as described is not likelytojeopardize the continued existence ofany endangered orthreatened species orresult in the destruction or adverse modification ofhabitat ofsuch species. Please provide us with your determination before May 15, 2005. Ifyou have any questions about the proposed action orEPA's assessment ofpotential impacts to ESA species, please do not hesitate to contact Mark Reiss at (212) 637-3799.



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