FEMA

FINDING OF NO SIGNIFICANT IMPACT

Reconstruction of the Culebra Cargo Ferry Terminal
Culebra, Puerto Rico
FEMA-4017-HMGP-PR-0030
BACKGROUND
On August 22, 2011 Hurricane Irene made landfall near the southeast coast of Puerto Rico with sustained
winds of more than 70 mph. President Barak Obama declared a major disaster for the Commonwealth of
Puerto Rico on August 27, 2011, authorizing the Federal Emergency Management Agency (FEMA) to
provide Federal assistance in designated areas of the Commonwealth of Puerto Rico per federal disaster
declaration DR-4017-PR. This is pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974 (Stafford Act), PL 93-288, as amended. The Puerto Rico Ports Authority (PRPA), the
subrecipient, has applied to FEMAs Hazard Mitigation Grant Program (HMGP) for financial assistance for
the reconstruction of the Culebra Cargo Ferry Terminal at Sardinas Bay, and the construction of an
Auxiliary Cargo Ferry Terminal at San Ildenfonso, Ensenada Honda Bay, Culebra, Puerto Rico. The Puerto
Rico State Emergency Management Agency (PRSEMA) is the recipient partner for the proposed action.
Section 404 of the Stafford Act authorizes FEMAs Hazard Mitigation Program (HMGP) to implement longterm hazard mitigation measures after a major disaster declaration. The HMGP aims to reduce the loss of
life and property due to natural disasters and enable mitigation measures to be implemented during the
immediate recovery from a disaster. The program is authorized under Section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
This Environmental Assessment (EA) has been prepared in accordance with Section 102 of the National
Environmental Policy Act of 1969 (NEPA), the Presidents Council on Environmental Quality (CEQ)
Regulations implementing NEPA (Title 40 of the CFR, Parts 1500 to 1508). The purpose of the EA is to
analyze the potential environmental impacts of the proposed project and alternatives, including a no
action alternative, and to determine whether to prepare an Environmental Impact Statement (EIS) or a
Finding of No Significant Impact (FONSI). In accordance with above referenced regulations and FEMAs
regulations for NEPA and Directive Number: FD 108-1, Environmental and Historic Preservation Planning,
Responsibilities and Program Requirements, FEMA is required, during decision making, to fully evaluate
and consider the environmental consequences of major federal actions it funds or undertakes.

PROJECT DESCRIPTION
The Proposed Alternative is a two phase project. The first phase consists of the construction of an Auxiliary
Cargo Terminal at San Ildefonso in Ensenada Honda to provide cargo service to the municipal island of
Culebra during the construction of the second phase which entails the reconstruction of the Cargo Ferry
Terminal at Sardinas Bay. Once the construction of the Sardinas Bay is completed, the cargo operation will
relocate back to Sardinas Bay Terminal, and the Auxiliary Terminal will remain as back-up terminal. The
purpose and need of the proposed project is the reconstruction of the Culebra Cargo Ramp at Sardinas
Bay in order to ensure the integrity and continuity of a safe maritime transportation infrastructure;
including recovery after a disruptive event, such as a natural disaster, and through the construction and
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FEMA
FINDING OF NO SIGNIFICANT IMPACT
Reconstruction of the Culebra Cargo Ferry Terminal
Culebra, Puerto Rico
FEMA-4017-HMGP-PR-0030
maintenance of an Auxiliary Cargo Ferry Terminal in San Ildefonso. This situation poses a threat to the
safety of passengers and operators, to the equipment and vehicles that use the facility, and to the
continued well-being of the resident and transient population that depend upon this infrastructure for a
living.

SUMMARY OF POTENTIAL IMPACTS AND MITIGATION

There would be a minor effect on soils and topography due to construction, and there would be no effect
on geology. Construction would result in minor, short-term, adverse impacts related to noise and traffic,
but these would be minimized through adherence to local regulations. There would be no adverse impacts
to marine traffic during the construction period, since both passenger and cargo ferries will keep their
current schedule.
There would be no impacts associated to hazardous materials at the project site, neither with project is
expected to generate hazardous wastes. Construction activity would result in emissions of air pollutants
and greenhouse gases, but emissions would be temporary and localized, with negligible impacts on air
quality in the project area and few receptors in the zone due to prevailing trade winds and convection
currents. By implementing best management practices (BMP), impacts on air quality would be negligible
and there would be no long-term effects on air quality. Temporary minor effect on water quality due to
re-suspension of sediments is expected during cargo ferry operation. Implementation of BMP, and
docking maneuvering protocol would limit the reach of suspended sediments and would protect the
existing desalination plant intake at San Ildefonso in case it comes back in operation after ten inoperative
years.
There would be no adverse effect to threatened or endangered species or critical habitat during
construction and operation of the facilities by implementing conservation measures required by resource
agencies. Moderate impact to historic properties from construction activity is expected. The project is
conditioned to the implementation of the three protective measures: adequate buffer zone to protect
historic structures; avoidance of potential impacts to historic elements; and supervision by Secretary of
Interior (SOI) qualified professional. Negligible impact on climate change is expected. Potential impacts
from climate change (sea level rise) upon the project area have been incorporated in the design.
The reconstruction of the Culebra Cargo Ramp and the Auxiliary Cargo Ferry Terminal is in accordance
with the objectives of the Puerto Rico Coastal Management Program for infrastructure and conservation
of natural areas. No impacts to wetlands are expected, as the ferry terminal location lies in a previously
developed area. No impact to flood elevations is expected and the proposed project cannot fulfil its
intended use anywhere but in a floodplain.
The project area contains low income and minority populations and although there would be minor, shortterm, adverse, construction-related impacts, there would be no potential for disproportionately high
impacts on environmental justice communities. The project would result in long term beneficial effects
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FEMA
FINDING OF NO SIGNIFICANT IMPACT
Reconstruction of the Culebra Cargo Ferry Terminal
Culebra, Puerto Rico
FEMA-4017-HMGP-PR-0030
for entire project area, including minority and low-income populations, public services, and public health
and service by providing safe and efficient and reliable cargo and passenger port facilities.

PUBLIC INVOLVEMENT
An electronic copy of the EA was made available by email request and for download at
http://www.prpa.gov.pr. The public was invited to submit written comments by mail to: FEMA Region II,
26 Federal Plaza, New York, NY 10278, Attn: EHP Reconstruction of the Culebra Cargo Ferry Terminal EA
Comments Project EA Comments, or via e-mail at [email protected].
This EA reflects the evaluation and assessment of the federal government, the decision maker for the
federal action; however, FEMA has taken into consideration any substantive comments received during
the public review period to inform the final decision regarding grant approval and project implementation.

PERMITS & PROJECT CONDITIONS

The subrecipient, PRPA is responsible for obtaining all applicable federal, state, and local permits and
other authorizations for project implementation prior to construction and for adherence to all permit
conditions. Any substantive change to the approved scope of work would require re-evaluations by FEMA
for compliance with NEPA and other laws and Executive Orders (EOs). The subrecipient must also adhere
to the following conditions during project implementation. Failure to comply with grant conditions may
jeopardize federal funding:
1. Excavated soil and waste materials will be managed and disposed of in accordance with applicable
local, state and federal regulations. If contaminated materials are discovered during construction
activities, the work will cease until the appropriate procedures and permits are implemented.
2. The recipient and subrecipient agreed to the following conservation measures as conditions for
the construction in both locations and the operation of the auxiliary cargo port as result of
consultation with National Marine Fisheries Service (NMFS):
a. Turbidity barriers will be installed around in-water work areas prior to commencement of
any pile-driving activities to contain any sediment suspended during pile-driving.
b. A Spill Prevention Control and Countermeasures Plan will be implemented to prevent
hydraulic fluid, diesel, and other potential pollutants from heavy equipment from
entering surface waters. The final plan must be approved by the U. S. Coast Guard (USCG)
to ensure it is adequate to prevent contamination of surface waters due to accidental
spills from vessels and facility operation.
c. A Turbidity Monitoring Plan and Erosion and Sedimentation Control Plan will be finalized
in coordination with NMFS prior to commencement of any construction activities. The
Erosion and Sedimentation Control Plan will be implemented for sediment and erosion
control during construction of the upland sections of the San Idelfonso Auxiliary Cargo
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FEMA
FINDING OF NO SIGNIFICANT IMPACT
Reconstruction of the Culebra Cargo Ferry Terminal
Culebra, Puerto Rico
FEMA-4017-HMGP-PR-0030

d.

e.

f.
g.
h.

i.

j.

k.

l.
m.

Port portion of the project in order to minimize the potential transport of land-based
contaminants, including sediments, to nearshore waters. The Turbidity Monitoring Plans
will be implemented for monitoring turbidity levels outside the turbidity barriers in
Sardinas and San Idelfonso to ensure that sediment resuspension and transport outside
the in-water construction footprint at each site is minimal. In the event that these plans
are modified in a manner that causes an effect on the Endangered Species Act (ESA) listed
species or designated critical habitats not considered in NMFS Biological Opinion,
reinitiating of ESA Section 7 consultation for the project may be necessary.
Divers will backfill spud holes once the construction barge changes position. A new
stormwater system will be constructed to collect and treat the first flush from each rain
event at the new San Idelfonso Auxiliary Cargo Port facility.
Turbidity barriers shall be constructed of a material that prevents entanglement by sea
turtles and marine mammals. These barriers must be properly secured and regularly
monitored to avoid entrapment of sea turtles and marine mammals.
Compliance with NMFSs Sea Turtle and Smalltooth Sawfish Construction Conditions
(dated March, 23, 2006)
Compliance with NMFSs Vessel Strike Avoidance Measures and Reporting for Mariners
(revised February 7, 2008)
A protocol for the approach and departure from the auxiliary ferry terminal at San
Idelfonso will be required for ferry captains. The protocol will emphasize the need for
slow speed (8-10 knots) inside Ensenada Honda in part to reduce propeller impacts to
seagrass and corals at the entrance to the bay and at the new facility.
A 100-meter (m) safety zone will be established for monitoring for sea turtles during pile
driving activities in both locations. A trained vessel crew will monitor and report
observations of sea turtles within a 100-m radius of the pile driving barge. NMFS will be
notified of sea turtle sightings. If a sea turtle is sighted within a 100-m radius of the pile
driving activity, the activity will cease until the turtle moves out of the exclusion zone and
has not been sighted for 30 minutes.
The auger drilling method will be used to install steel pile casings at the San Idelfonso site
in Ensenada Honda. A double casing system will be required for pile driving in Sardinas
Bay.
An Underwater Noise Monitoring Plan will be implemented for all pile-driving activities.
The final plan will be coordinated with NMFS prior to commencement of any in-water
construction activities.
In-water construction work will occur during daylight hours only.
The subrecipient has reported that a Quit Claim Deed will be finalized in coordination with
the U.S. Fish and Wildlife Service (USFWS) because of the auxiliary cargo ports location
within a portion of the Culebra Island National Wildlife Refuge. The deed will restrict use
to temporary operations during the reconstruction of the existing cargo facilities in
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FEMA
FINDING OF NO SIGNIFICANT IMPACT
Reconstruction of the Culebra Cargo Ferry Terminal
Culebra, Puerto Rico
FEMA-4017-HMGP-PR-0030

3.

4.

5.

6.

Sardinas Bay and, upon completion of the reconstruction of the existing facilities, use only
in the event that the facility in Sardinas Bay is damaged or inoperable or cannot be used
due to inclement weather or another emergency.
n. A monitoring plan will be implemented to assess the condition of ESA-listed corals at the
entrance to Ensenada Honda and seagrass beds outside the construction footprint at San
Idelfonso before and after the construction and operation of the auxiliary cargo port
facilities. The plan is meant to determine whether the construction and operation of the
auxiliary cargo port results in impacts to ESA-listed corals and green sea turtle critical
habitat in order to develop additional minimization measures for any future temporary
cargo operations at this facility. The final plan will be coordinated with NMFS prior to
commencement of any in-water construction activities.
o. A Coral Transplant Plan, including the transplant of 4 colonies of ESA-listed lobed star
corals, will be implemented prior to commencement of any in-water construction at the
San Idelfonso site. ESA-listed corals and other coral species are on the piles of the existing
dock at the San Idelfonso site. All corals will be removed and relocated to a recipient site
or sites determined in coordination with Department of Natural and Environmental
Resources (DNER) and NMFS.
p. The coral transplant and monitoring plan shall be finalized and implemented by recipient
and sub-recipient in coordination with NMFS prior to commencement of any in-water
construction activities. The plan shall include detailed procedures and measures for coral
colony removal and transplant from the in-water construction footprint, as well as
monitoring requirements. The 4 lobed star coral colonies on the piles of the existing pier
at San Ildefonso shall be relocated to a recipient site or sites selected in Ensenada Honda
as part of the finalization of the plan and shall be monitored to determine transplant
success.
The U.S. Army Corps of Engineers (USACE) or FEMA must provide NMFS with all data collected as
part of additional pre-construction benthic surveys, coral transplant activities, and the
implementation of monitoring of monitoring plans. This information can be submitted to
[email protected]
with
copy
to
the
Consultation
Biologist
([email protected]). Data reports should be submitted within 30 calendar days of
completion of surveys, transplant, and monitoring events.
During the period of construction, the recipient and subrecipient must follow the Ensenada Honda
Navigational Channel Entrance ESA Corals & Fish Monitoring Plan to evaluate and avoid impacts
of intensive ferry activities upon the reef located at the entrance of Ensenada Honda.
The recipient and subrecipient are responsible to carry out an Assessment of Requirements for
Additional Navigational Aids for Ensenada Honda to evaluate the potential conflicts of
recreational vessels and the navigation channel that may require additional ATONs.
The recipient and subrecipient are responsible of implementing the following conditions during
construction as required by the Puerto Rico State Historic Preservation Office (PRSHPO):
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FEMA
FINDING OF NO SIGNIFICANT IMPACT
Reconstruction of the Culebra Cargo Ferry Terminal
Culebra, Puerto Rico
FEMA-4017-HMGP-PR-0030
a. adequate buffer zone to protect historic structures
b. avoidance of potential impacts to historic elements
c. supervision by SOI qualified professional
7. In the event that any archaeological resources are uncovered, the recipient and subrecipient will
immediately halt construction activities in the vicinity of the discovery, secure the site, and take
reasonable measures to avoid or minimize harm to the finds. The recipient and subrecipient will
immediately inform FEMA of any archaeological findings and FEMA will consult with PRSHPO.
Construction work cannot resume until FEMA completes consultation and appropriate measures
have been taken to ensure that the project is in compliance with the National Historic
Preservation Act and other applicable Federal and State regulations.
8. The recipient and subrecipient must meet any project-specific conditions developed and agreed
upon between FEMA and with the environmental planning or historic preservation resource and
regulatory agencies during consultation and coordination.
9. The recipient and subrecipient are responsible for obtaining and complying with all required local,
State and Federal permits and its approvals.

FINDINGS
In accordance with NEPA and DHS Directive 108-1, FEMA has determined that the proposed action will
have no significant adverse impact on the quality of the human environment. As a result of this FONSI, an
Environmental Impact Statement will not be prepared, and the proposed project as described in the EA
may proceed. This FONSI serves as the final public notice for the proposed project.

APPROVED:

JOHN P DAWSON

Digitally signed by JOHN P DAWSON

DN: c=US, o=U.S. Government, ou=Department of
Homeland Security, ou=FEMA, ou=People, cn=JOHN
P DAWSON,
0.9.2342.19200300.100.1.1=0350831370.FEMA.1
Date: 2016.10.11 12:36:45 -05'00'

John Dawson

________, 2016

FEMA Region II Regional Environmental Officer Representative

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FEMA
FINDING OF NO SIGNIFICANT IMPACT
Reconstruction of the Culebra Cargo Ferry Terminal
Culebra, Puerto Rico
FEMA-4017-HMGP-PR-0030
Comments Received and FEMAs Response
Comment
Response
FEMA Office of Chief Counsel (OCC) suggested The 8-Step form is a standard FEMA document
explaining yes boxes checked in the 8-Step form. that is used in routine reviews when elaboration
on the analysis is not essential to the
determination. As the docks are defined by 44 CFR
Part 9 as functionally dependent and a
significant part of the islands infrastructure,
floodplain analysis was identified as not
necessitating extensive analysis.
FEMA OCC suggested that check boxes in the 8- The substantive response to these steps is
Step form for steps 6 and 7 should be checked.
addressed by the EA itself, however all check
boxes in Step 6 should reflect yes responses.
Step 7 is addressed by the EA public notice.
FEMA OCC suggested multiple minor editorial Suggestions are taken as advisory and do not
comments on the EA for grammar and constitute substantive or significant comments to
terminology.
limit issuance of this FONSI.
Center for Biological Diversity, on behalf of A preliminary EA was available through PRPA at
CORALations, requested an extension of comment two locations for general public access since May
period until October 30, 2017, suggested learning 26, 2015. PRPA had installed posters in both
of the call for public comments only recently.
English and Spanish at the Fajardo and Culebra
Ferry Terminals.
Center for Biological Diversity, on behalf of The Public Notice for the Final EA was posted on
CORALations, commented that the 15-day September 2, 2016 in a major circulation
comment period did not specify the date newspaper, El Nuevo Dia, both in English and
documents were posted or how the posting was Spanish versions. The public notice specified
shared with the public.
where the environmental assessments could be
viewed in person as well as the location on the
PRPA website, prior to the publication of the
notice.
Center for Biological Diversity, on behalf of The Final EA was posted at the Culebra City Hall
CORALations, suggested that documents made and at the Culebra Museum of History in addition
available to the public were missing pages, to a copy held at the PRPA office in San Juan. The
referencing page numbers from an environmental comment appears to refer to pages from the
assessment written by Atkins.
preliminary EA posted May 26, 2015 at the City
Hall and the Culebra Public Library. The Final EA
was thoroughly reviewed and edited for content
and completeness by FEMA and PRPA prior to
posting as well as by FEMA Office of Chief Counsel
prior to the issuance of this FONSI.
Center for Biological Diversity, on behalf of The Final EA is primarily written in English,
CORALations, commented that the documents at however multiple appendices are in Spanish, the
located at the library were in English only and public notices were issued in English and Spanish
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FEMA
FINDING OF NO SIGNIFICANT IMPACT
Reconstruction of the Culebra Cargo Ferry Terminal
Culebra, Puerto Rico
FEMA-4017-HMGP-PR-0030
suggested that this limits the ability of lowincome, environmental justice, Spanish speaking
community
members
from
contributing
meaningful public participation as well as placing
a burden on CORALations to translate the
information.

summarizing key information from the EA, and the

posters containing important information about
the proposed project and the EA located at the
ferry terminals are in both English and Spanish.
The absence of the proposed project is expected
to be a greater hardship on Culebra residents and
would be inconsistent with the principles of
environmental justice. FEMA does not find this
comment, in itself, to represent an extraordinary
circumstance sufficient to extend the comment
period.
Center for Biological Diversity, on behalf of The Puerto Rico Planning Board issued a public
CORALations, commented that there was no notice on February 18, 2015 requesting public
announcement by the Mayor of Culebra and that comment. Comments received May 8, 2015 from
Puerto Ricos planning board coastal zone the Center for Biological Diversity and
consistency indicated that there had been no CORALations were incorporated into the Final EA.
public hearings yet.
Center for Biological Diversity, on behalf of The Public Notice on the Final EA was published on
CORALations, suggested that the island-wide black September 2, 2016. The 15 days period ended
out prevented them from contacting the local September 17, 2016 or four days before the island
FEMA office for more information.
wide power outage of September 21st.

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