[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Notices]
[Page 79575-79576]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de02-47]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Intent To Prepare a Supplemental Draft Environmental Impact
Statement for the Port of the Americas Port Complex
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
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SUMMARY: The Port of the Americas (the applicant) is proposing the
development of a transshipment port facility. The proposal included the
development of hubs at one or more sites on the south coast of Puerto
Rico, in the Municipalities of Ponce, Pe[ntilde]uelas, and Guayanilla.
The proposed terminals would need section 10 of the Rivers and Harbors
Act, section 404 of the Clean Water Act permits and section 103 of the
Marine Protection, Research and Sanctuaries Act at one or more of the
sites.
FOR FURTHER INFORMATION CONTACT: Edwin E. Mu[ntilde]iz, (787) 729-6905/
6944, Chief, Antilles Regulatory Section, U.S. Army Corps of Engineers,
400 Fernandez Juncos Avenue, San Juan, Puerto Rico 00901.
SUPPLEMENTARY INFORMATION: On August 28, 2001, the Corps of Engineers
published a Notice of Intent to prepare a Draft Environmental Impact
Statement (DEIS) for the Las Americas Transshipment Port Complex being
proposed by the Puerto Rico Infrastructure Financing Authority (AFI)
acronym in Spanish, the original applicant. On September 20, 2002, the
Corps issued the Notice of Availability of the DEIS for the Proposed
Port of the Americas. In the DEIS, the applicant's preferred
alternative consisted in the development of terminals at the Guayanilla
and Ponce harbors to accommodate Post-Panamax vessels. In the
Guayanilla-Pe[ntilde]uelas area, this alternative would include the
following:
[sbull] Construction of a new pier with a maximum length of 6,000
feet, with support facilities capable of handling as many as four Post-
Panamax vessels;
[sbull] Discharge of fill material in approximately 110 acres of
shallow navigable waters, including approximately 12 acres of mangrove
coastal wetlands in the Punta Gotay area, for the development of
loading-unloading storage areas and other support facilities;
[sbull] Development for value-added activities of as much as 300
acres of a parcel owned by Union Carbide in Pe[ntilde]uelas adjoining
Punta Guayanilla;
[sbull] Development and/or improvements to other infrastructure
within the Guayanilla-Pe[ntilde]uelas area to operate the terminal
efficiently, including water, sewers, power, highways and communication
services.
In Ponce, the Applicant's Preferred Alternative would include:
[sbull] Expansion of the existing transshipment pier to a maximum
length of about 3,610 feet to allow simultaneous handling of as many as
two Post-Panamax vessels;
[sbull] Immediate dredging of the navigation channel and berthing
areas to a minimum depth of 45 feet and a maximum of 53 feet to allow
the navigation of Post-Panamax vessels;
[sbull] Disposal of part of the dredged material at the EPA
designated offshore disposal site south of Ponce, while reclaiming for
beneficial use for either the fill at the Guayanilla Harbor or fill at
uplands in the vicinity;
[sbull] Development of approximately 132 acres of upland adjacent
to the port for value-added activities.
The applicant (Port of the Americas) notified the Corps of
Engineers of their decision to modify their preferred alternative as
follows:
a. The elimination of the proposed fill in the Guayanilla Harbor;
b. The reduction in length of the proposed pier in the Guayanilla
Harbor to a maximum length of 3,000 feet to service Panamax vessels;
and
c. The proposal to fill approximately 70 acres of waters of the
U.S. at the Ponce harbor adjacent to the proposed expansion of pier
number 8.
Because the proposed changes are significant changes to what was
previously proposed, a Supplemental Draft Environmental Impact
Statement (S-DEIS) for the Port of the Americas Port Complex will be
prepared.
Pursuant to section 10 of the Rivers and Harbors Act structures the
Corps of Engineers has regulatory authority over structures and/or work
in or affecting navigable waters of the United States. Under section
404 of the Clean Water Act, the Corps of Engineers has regulatory
authority to permit the discharge of dredged or fill material into
wetlands and other waters of the United States. Also, under section 103
of the Marine Protection, Research and Sanctuaries Act, the Corps of
Engineers has regulatory authority over the transportation of dredged
material for the purpose of dumping it in ocean waters at dumping sites
designated under 40 CFR part 228. The guidelines pursuant to section
404(b) of the act require that impacts to the aquatic environment be
avoided and minimized to the extent practicable. Permit
[[Page 79576]]
applications for the transportation of dredged material for the purpose
of dumping it in ocean waters will be evaluated to determine whether
the proposed dumping will unreasonably degrade or endanger human
health, welfare, amenities, or the marine environment, ecological
systems or economic potentialities.
In determining whether to issue a permit, the Corps must also
comply with other requirements including, but not limited to, the
Endangered Species Act, the National Environmental Policy Act, the
Coastal Zone Management Act, the Magnunson-Stevens Fishery Conservation
and Management Act Section 401 of the Clean Water Act, and other
applicable Federal laws. Modifying land for new uses also involves
zoning, land use planning, water management, and other regulatory/
planning requirements at the local, Commonwealth, and Federal level.
Issues: During the scoping process for the preparation of the DEIS,
several issues of relevance associated with the development of the PTA
were identified. These issues were evaluated in detail in the DEIS for
each of the alternatives considered, including the no-action
alternative. Each issue was evaluated in terms of a list of measurement
indicators to complete a thorough evaluation of the environmental
impacts associated with each issue. The following issues were evaluated
in detail as part of this DEIS; Fish and Wildlife Resources; Marine
Resources/Special Aquatic Sites; Essential Fish Habitat; Threatened or
Endangered Species; Ecologically Sensitive Areas; Wetlands, Coastal
Zone; Flooding, Water and Sediment Quality; Air Quality; Cultural
Resources; Socio-Economic Impacts; Hazardous, Toxic, and Radioactive
Wastes; Dredging and Disposal of Dredged Material; Navigation;
Infrastructure; Marine Currents; and Noise. The DEIS evaluated the
potential direct, indirect, and cumulative environmental consequences.
As a result of the comments provided by the resource agencies in
reviewing the DEIS, the new applicant's preferred alternative is being
developed. The same issues identified in the scoping process for the
DEIS will be considered in the S-DEIS. However, the Corps of Engineers
will consider any additional scoping issues provided to us.
Scoping: On October 31, 2002, the Corps of Engineers and the
applicant met with Federal and Commonwealth resources agencies to
discuss the alternative to discharge fill in Ponce. As result of the
comments provided by the resource agencies in reviewing the DEIS, the
new applicant's preferred alternative is being developed. The Corps of
Engineers may hold additional scoping meeting(s) with Federal and State
Agencies. At this time, there are no plans for a public scoping
meeting. If a public scoping meeting is held by the Corps of Engineers,
it will be announced. In addition Federal, State and local agencies, as
well as interested private organizations and individuals are encouraged
to suggest additional issues not listed above for consideration to
submit comments.
Public Involvement: We invite the participation of affected
Federal, State, and local agencies, and other interested private
organizations and individuals that have additional issues not listed
above to submit written comments to the information contact provided in
this notice no later than 30 days from the date of this notice.
Coordination: The proposed action is being coordinated with a
number of Federal, Commonwealth, and local agencies including but not
limited to the following: U.S. Fish and Wildlife Service, National
Marine Fisheries Service, U.S. Environmental Protection Agency, U.S.
Coast Guard, Puerto Rico Department of Natural and Environmental
Resources, Puerto Rico Environmental Quality Board, Puerto Rico
Planning Board, Puerto Rico State Historic Preservation Officer, and
other agencies as previously identified in scoping, public involvement,
and agency coordination.
Other Environmental Review and Consultation: The proposed action
would involve evaluation for compliance with guidelines pursuant to
section 404(b) of the Clean Water Act, public interest review,
application for Water Quality Certification pursuant to section 401 of
the Clean Water Act, and determination of Coastal Zone Management Act
consistency.
S-DEIS Preparation: We estimate that the S-DEIS will be available
to the public on or about March 14, 2003.
Dated: December 17, 2002.
John R. Hall,
Chief, Regulatory Division.
[FR Doc. 02-32816 Filed 12-27-02; 8:45 am]