Document pmMzBdegv6mBDXObN16akjqbw

Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) This report includes only factual information gained by documentation, onsite observations, and/or onsite interviews. Inspector Name(s) Seika Robinson Time In 11:15 AM Start Date June 11, 2024 Time Out 1:00 PM End Date June 11, 2024 Inspector's Organization US EPA Region 2, Water Division, Water Management Branch, Wetlands Protection Section Organization Requesting Inspection (if different) N/A Inspection Type Case Development Inspection Status Original Site Name Hotel Media Luna Site Address* Tax Parcel 196-000-009-39 City* Comero County* Comero State* PR Zip Code* 00782 Mailing Address* KM 1.7 Barrio Sector Media Luna, PR-167 City* Comero County* Comer State* PR Zip Code* 00782 Latitude* 18.247537 Longitude* -66.203618 Estimated Size of Site (acres) 51.28 Signature Inspector SEIKA ROBINSON Supervisor Signature Is there a home on the site? Yes Digitally signed by SEIKA ROBINSON Date Date: 2024.07.22 14:53:16 -04'00' Digitally signed by MARCO FINOCCHIARO Date: 2024.07.23 12:57:27 -04'00' Date No July 22, 2024 7/23/24 Effective August 2020 Page 1 of 5 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Hotel Media Luna Start Date June 11, 2024 End Date June 11, 2024 Inspection Purpose Initial site visit Presentation of Inspector Credentials Opening Conference Name and Title (Use N/A if owner/operator not available to join the inspection) Inspectors, Seika Robinson and Sofa Olivero Lora presented credentials the day of the inspection to Luis A. Burgos Sanchez, Administrator of Hotel Media Luna (hereinafter as "HML"), Irvin Rivera Gonzlez of the Municipality of Comero (hereinafter as the "Municipality"), and Rafel Reyes Baiz of Comero Sand and Gravel Corp (hereinafter as "Comero Sand"), the Site Operator. Opening Conference Name of person authorizing access if applicable Luis A. Burgos Sanchez, Administrator of Hotel Media Luna authorized access to the property via email prior to the site visit and again during the time of the visit. Notes from Opening Conference EPA explained the purpose of the inspection, EPA and the U.S. Army Corps of Engineers (hereinafter as the "Corps") role with regulating wetlands under the Clean Water Act Section 404 (hereinafter as the "CWA"), and what areas would be inspected. HML informed EPA that HML leased the property from the Municipality and that there was a contractor, Comero Sand, doing the work by the Ro de la Plata. HML explained that the hotel that is operating on the property has no involvement with the activities EPA is investigating. Access Issues if Any Describe N/A Inspection Observations and Sample Collection Site Owner/Site Operator/Responsible Party (Name, title and contact information) Site Owner: Municipality of Comero, Irvin Rivera Gonzlez, oacomerio@gmail.com, redessocialescomerio@gmail.com Site Operator: Comero Sand and Gravel Corp, Rafel Reyes Baiz, Site Operator, comeriosandandgravelcorp@gmail.com, 939-416-7646 Additional Persons Present at Inspection N/A General Site Characteristics (layout of property, etc.) The property is approximately 51.28 acres in size. The majority of the property runs along a portion of the western bank of the Ro de la Plata which drains into the Atlantic Ocean. Both the Ro de la Plata and the Atlantic Ocean are waters of the United States. The site is being utilized for a Hotel Media Luna, a hotel with amenities. Purpose and Need for Discharge of Dredged and/or Fill Material According to the Municipality and Comero Sand, the earth moving work is for a commercial rock and earthen material harvesting operation occuring below the ordinary high water mark of the Ro de la Plata. Effective August 2020 Page 2 of 5 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Hotel Media Luna Start Date June 11, 2024 End Date June 11, 2024 Site Overview (Past inspections, site description, permits, etc.) There are no known Corps wetland permits for any activities on site or Jurisdictional Determinations for the Site. The surrounding area is utilized for a hotel named "Hotel Media Luna" and its amenities. The HML is not the owner of the property nor the operator of the activities being inspected by EPA. Scope of Inspection (Areas inspected or not inspected) EPA walked along the bank of the Ro de la Plata where recent earth moving work occurred on the north eastern portion of the property. EPA surveyed the area where earth moving work occurred to the furthest extent possible with a GPS system. See Attachment A for a map containing details of the inspection findings. Effective August 2020 Page 3 of 5 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Hotel Media Luna Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) Temperatures were in the 80s (degrees in F); sunny; wet season Start Date June 11, 2024 End Date June 11, 2024 Field Work Conducted During the inspection, EPA collected GPS data (see Attachment A) and photographs (see Attachment B). Observations were recorded with the understanding that the inspection occurred during the wet season. Upon entering the site, EPA met with Luis A. Burgos Sanchez, Administrator of HML. EPA had previously been in contact with Mr. Burgos prior to the site visit to discuss access to the property and the area. Mr. Burgos led us to an area where the hotel is constructing amenities such as a go cart track and arcade. HML explained to EPA that the construction of the hotel amenities is not related to the work being conducted in the Ro de la Plata. HML also stated to EPA that HML is neither the owner of the property nor the operator of the activities occurring within and along the Ro de la Plata that EPA is investigating. Mr. Burgos then lead EPA to the bank of the Ro de la Plata where earth moving work had occurred. EPA took a GPS survey of the area, to the furthest extent possible, where earth moving work and vegetative clearing had occurred (see Attachment A for EPA survey area). EPA observed construction machinery along the bank of the river. No active mechanized work was occurring at the time of the visit. The Ro de la Plata was observed flowing north along the eastern border of the property. After conducting the survey, EPA and Mr. Burgos met with the Irvin Rivera Gonzlez, the mayor of the Municipality of Comero at the HML arcade area to discuss the Municipality's role with the earthmoving work in the Ro de la Plata. From there, EPA, Mr. Burgos and Mr. Rivera went to a nearby facility where Comero Sand processes the extracted material from the Ro de la Plata. At the facility, EPA met with Rafel Reyes Baiz of Comero Sand and Site Manager for the Ro de la Plata work EPA inspected. The Municipality and Comero Sand confirmed that HML is neither the owner of the property nor the operator of the activities EPA is investigating. Closing Conference Documents Received and/or Requested During the Inspection N/A Compliance Assistance Provided (If any) EPA recommended to the Municipality and Comero Sand to consult with the Corps on the possible need for CWA permits for the work being conducted below the ordinary high water mark of the Ro de la Plata. Observations Relayed to Site Owner/Operator N/A Actions Taken by Owner/Operator During the Inspection (If any) N/A Potential Issues of Concern Including Regulatory Citations Potential areas of earth moving work conducted within jurisdictional waters may be present on the site. Effective August 2020 Page 4 of 5 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Hotel Media Luna Maps and Sketches Photographs (including location) and Photo Log Other (SSIP, Wetlands Delineation Forms, etc.) Attachments* Attachment A: Map with GPS Data; Attachment B: Photolog Additional Notes None Start Date June 11, 2024 End Date June 11, 2024 Effective August 2020 Page 5 of 5 Attachment A: Map with GPS Data Attachment B: Photolog CWA 404 Inspection Hotel Media Luna Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico June 11, 2024 Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:38 Photographer: Sofa Olivero Lora Photo ID: P6111005 Description: Within the bank, below ordinary high water of the Rio de la Plata, earth moving work and fill material was observed along with trash debris. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:38 Photographer: Sofa Olivero Lora Photo ID: P6111007 Description: Earth moving work and fill material was observed. Construction machinery was observed parked within the area where earth moving work had occurred. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:39 Photographer: Sofa Olivero Lora Photo ID: P6111010 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. Construction machinery was observed parked within the area where earth moving work had occurred. The red arrow shows the direction of flow of the Ro de la Plata. Date: June 11, 2024 Time: 11:40 Photographer: Sofa Olivero Lora Photo ID: P6111012 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:40 Photographer: Sofa Olivero Lora Photo ID: P6111013 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:42 Photographer: Sofa Olivero Lora Photo ID: P6111016 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:42 Photographer: Sofa Olivero Lora Photo ID: P6111017 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed along with trash debris. Construction machinery was observed parked within the area where earth moving work had occurred. The red arrow shows the direction of flow of the Ro de la Plata. Date: June 11, 2024 Time: 11:48 Photographer: Sofa Olivero Lora Photo ID: P61110018 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:48 Photographer: Sofa Olivero Lora Photo ID: P6111019 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. Construction machinery was observed parked within the area where earth moving work had occurred. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:49 Photographer: Sofa Olivero Lora Photo ID: P6111020 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed along with trash debris. Construction machinery was observed parked within the area where earth moving work had occurred. Mud cracks were observed within the area of work. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:51 Photographer: Sofa Olivero Lora Photo ID: P6111021 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. Approximately 18 inches of fill material as measured from the bottom of the bank. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:51 Photographer: Sofa Olivero Lora Photo ID: P6111022 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. Approximately 18 inches of fill material as measured from the bottom of the bank. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:54 Photographer: Sofa Olivero Lora Photo ID: P6111025 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed along with trash debris. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico Date: June 11, 2024 Time: 11:54 Photographer: Sofa Olivero Lora Photo ID: P6111026 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed along with trash debris. Construction machinery was observed parked within the area where earth moving work had occurred. Mud cracks were observed within the area of work. The red arrow shows the direction of flow of the Ro de la Plata. Date: June 11, 2024 Time: 11:57 Photographer: Sofa Olivero Lora Photo ID: P6111030 Description: Within the bank of the Rio de la Plata, earth moving work and fill material was observed. The red arrow shows the direction of flow of the Ro de la Plata. Tax Parcel 196-000-009-39 in the Municipality of Comero, Puerto Rico