,United States Department of the Interior

FISH AND WILDLIFE SERVICE

Boqueron Field Office

Carr. 30], KM 5.1, Bo. COroZCI

P.O. Box 49]

Boqueron, PR 00622

SEP 2 1 :2009

Mr. Michael A. Co16n

Field Office Director

U.S. Department of Housing and Urban

Development

San Juan Field Office

235 Federico Costa Street, Suite 200

San Juan, Puerto Rico 00918

Dear Mr. Co16n:

The p1ll1Jose of tlris letter is to renew the blanket clearance letter we provided on
December 23,2008 to your agency for certain federally sponsored projects in the
Commonwealth of Puerto Rico. This renewed blanket clearance will be effective until
September 30, 2010, and covers projects located within the Commonwealth of Puerto
Rico and the U-S- Virgin Islands. This blanket Idter is provided as technical assistance
under the Ender..8ered Species Act of1973 (87 Stat 884, as amended; 16 U.S.C_ 1531 et
seq) and the Fish and Wildlife Coordination Ac-t (48 Stat. 401) as amended; 16 U.S.C
661 et seq} The purpose ofthis blanket letter is to expedite the project evaluation
process for federally funded projects that) when evaluated, have minor impacts on
endangered species or other trust resources under our jurisdiction. Ifprojects comply
with the project criteria discussed below, no funher consultation with the Service is
needed_

Determination

Based on the nature oithe projects iliat we currently have knowledge of, habitat
characteristics and the inclusion of the following conditions, the Service has determined
that the following minor actions and projects ma.y be conducted witl1.in this blanket
clearance v.'ithout adversely affecting the recovery and survival oflisted species;

Project Criteria

1- . Street resurfacing, sidewalk reconstruction, home and emergency repairs of

existing community buildings.
2.. Rehabilitation of existing occupied single family homes and community
buildi~gs, provided that equipment storage or staging areas are not located on
 Mr. Colon 2

'Vacant p:ropertyharboring a wetland and/or forested vegetation and that the

lighting associated to the new facilities are not visible directly or indirectly
from a beach.
3. ,Demolition of dilapidated single frunily homes or community buildings,
.provided that the demolition debris is disposed of in certified receiving
facilities; equipment storage or staging areas are not located on vacant
property harboring a wetland and/or forested vegetation; ~ll1d appropriate best
management practices (BMPs) are implemented .
.4. Rebui.lding of demolished single family homes or community bu.ildings,
provided that the new construction 1S within the existing footprint of the
previolls structure and/or within pre-existing grassed or paved areas, and that
the lightillg associated to the new facilities are not visible directly Or indirectly
from a beach.
5., Activities within existing Right or'Nays (ROWs) of roads and highways,
when limited to actions that do not involve cutting native vegetation or major
earth moving; and are not located within, Or adjacent to, drainages, wetlands,
or aquatic systems. These activities include ti1e installation of potable water
and sanitary pipelines.
6. Improvement to existing recreation;al facilities, including the installation of
roofs to existing basketball courts, provided that the lighting associated to the
facilities are not visible directJy or indirectly from a beach.
7. Construction of electric underground systems in existing to\\'n5 and
communities, provided that the property is not a wetland area and the lighting
associated to the facilities are not visible directly or indirectly from a beach.
8. Construction of facilities On vacant properties covered with grasses in urban
areas, provided that the lighting associated to 'the new facilities are not visible
directly or indirectly from a beach.
9. In all si1:J.!.ations, HOD and the municipalities are expected to implement
B:MPs, where applicable) to ensure ti1atimpacts from erosion and stream
sedimentation are appropriately mini.mized.

Limitations

Actiol".S that do not meet the above criteria., such as actions requiring placement of fill,
disturbance, or modification to land outside of an existing access road or ROW; actions
that occur on vacant property harboring a wetland andlor forest vegetation; actions .
requiring excavation, clearing of native vegetation, Or alteration of StOilll water drainage
patterns; or actions that require lighting which em be directly or indirectly seen from a
beach, must be individually coordinated through the Calibbean Field Office and will be
evaluated on a case~by-case basis to assess possi.ble adverse effects under the Endangered
Species Act of 1973 (87 Stat. 884 as amended; 16 U.S.C. 1531 et seq.), the Fish and
j

Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), and
Migratory Bird Treaty Act (16 U.S.C. 703, et seq.). In addition~ actions in sites with
knovm contarnination should be individually coordinated with the Caribbean Field
Office.
Mr. Colon 3

Recommendations

The Service encourages your agency to enhance the conservation of our trust resources,
i.e. listed species,wetlands, aquatic habitats, migratory birds and marine mammals. We
therefore provide the following recommendations that have proven to help in this way.

Water Crossing Structures

1. Use ofbQtiomless culverts or single span bridges instead of traditional box or

Rep culverts or any other water crossing structure that impacts the stream
bottom,particularly in streams whichsnpport native fish. The use of bottomless
culverts or a short span bridge would provide a more stable crossing and not alter
the stream habitat. However, if bottomless structures Or bridges are not feasible
due to cost Or engineering constraints, we recommend the following criteria be
used to maintain good habitat ill the streams:

a. The stream should not be widened to fit the bridge since this caJ.l1ead to
sedimentation during low flows and possible bank erosion during high flows.
Rather the bridge should be designed to fit the stream channel at the point of
crossing. Culverts should be sized to carry natural bank full flow. Additional
flow can be captured by culverts placed at a higher elevation so as not to
impact bank full flows.
b. Bridge abutments,wingwalls or any other structures should not intrude
into the active stream charmeL
c. All culvert footings must be COutltersunk into the stream channel at both
the invert and outlet ends at a minimum of 10% of the culvert height This
will align the water crossiJ.1g structun:. -with the slope of the stream.
d. Waterways must no be blocked as to impede the free movement afwater
and fish. Materials moved during construction, such as grubbing, earth fills,
and earth cut materials must not be piled where they can fall back into the
stream and block the drainage courses.
e. Appropriate erosion and/or sedimentation controls measures are to be
undertaken to protect water quality w1til riverbanks are re-vegetated. It has
been our experience that appropriate erosion and or sediment control measures
are not implemented properly by project contractors. In order to function
properly, silt fences need to be buried 6" (proper depth is marked by a line on
the silt fence) and supported at regular intervals by wood stakes (see
enclosure). For that reason we are recommending that the enclosed dra\ving
ofproper silt fence installation is inc1u.ded in all final project construction
plans .
. f. Upon completion of a water crossing construction, any temporary fill,
must be removed from the construction area and disposed in a landfill.
 Mr. Colon 4

. The.S~ry.:ic~ reserves the right to revoke or modify this clearance if:

1. New infom~ation reveals that the categories of work covered in ibis

blanket clearance may affect 1i::>ted species or designated critical habitat in
a mmmer, or to an extent, not previously considered.
2. . The categories of work included in this blanket clearance are subsequently
modified to include activities not considered in this review.
3. New species are listed or critical habitat designated that may be affected.

It is oW mission to work with others, to conserve, protect and enhance fish~ wildlift: and
plants and their habitats for the continuing benefit of our people.

To obtainadditiollal infonnation on tlueatened and endangered species; you may visit our
website http://w\vw.fws.gov/caribbeaniES and where you will also fi.nd the Map of
Species by Municipality and the Map of Critical Habitat. This map provides inionnation
on the species/habitat relations within a municipality and could provide the applicants an
insight if the proposed action is covered under this blanket letter or may affect a species
thus the project requiring individual review.

A request for renewal of this blanket clearance should be submitted to the Caribbean
Field Office at least 30 days prior to the expiration date and will be effective for a period
of one year. The request will include the types of projects to be considered. A report
with the number and types of actiol1s during the year should be submitted by the end of
the permit period. If you have any additional question regarding this blanket clearance,
please do not hesitate to contact Marelisa Rivera, Endangered Species Coordinator, at
787-851-7297 extension 231.

Sincerely yours,

HL.4t·.?;
~.vin E. fuif
Field Supervis r
Caxibbean Field Office

Mtr
CC: OCAM, San Juan
Office of Federal Funds) 78 Municipalities of Puerto Rico
PRFAA
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