[Federal Register Volume 66, Number 167 (Tuesday, August 28, 2001)]
[Notices]
[Pages 45288-45290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21698]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


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)

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of intent.

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SUMMARY: AFI is proposing the development of the Las Americas 
Transshipment Port Complex in Puerto Rico. The proposal includes the 
development of hubs at one or more sites on the south coast of Puerto 
Rico, in the Municipalities of Ponce, Penuelas, and Guayanilla. At the 
proposed site(s), the proposed terminals would need Section 10 of the 
Rivers and Harbors Act and Section 404 of the Clean Water Act permits. 
There is a possibility that permits pursuant to Section 103 of the 
Marine Protection, Research and Sanctuaries Act may be required for at 
one or more sites.

FOR FURTHER INFORMATION CONTACT: Edwin E. Muniz, (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: In September 1999, the Corps of Engineers 
published a report titled Preliminary Transshipment Port Assessment for 
Puerto Rico. This study was performed at the request of the Puerto Rico 
Ports Authority (PRPA). This report includes a preliminary assessment 
of alternative sites for a potential new transshipment port to be 
located in Puerto Rico. The sites considered were locations that have 
the potential to support deep-draft navigation and associated 
facilities. A total of thirteen sites were considered. The assessment 
was based on available information combined with the professional 
knowledge of the Corps of Engineers, Jacksonville District staff, in 
the planning of waterway systems and associated port development. The 
assessment was considered preliminary in nature, and it was not 
prepared to be used as the sole source of information from which to 
make a final site selection. Nevertheless, the assessment made a 
recommendation on the most suitable sites. The assessment also 
recommended further studies that will help provide the additional 
detailed information required for making a more informed decision 
concerning the most appropriate location for a future transshipment 
site.
    AFI is proposing the development of the Las Americas Transshipment 
Port Complex in Puerto Rico. The proposal includes the development of 
hubs at one or more sites on the south coast of Puerto Rico, in the 
Municipalities of Ponce, Penuelas and Guayanilla. AFI stated that a 
transshipment port complex would represent a major infrastructure 
development for all Puerto Rico, especially in the south coast of the 
island.
    In the development of a transshipment port complex, there would be 
considerable dredge and fill activities in the proposed project area, 
impacting significant wetlands and other special aquatic sites, and 
other resources. The proposed action may significantly affect the 
pattern and type of land use (industrial, commercial, agricultural, 
recreational, residential) and/or growth and distribution of 
population, may have significant adverse effects on wetlands, including 
indirect and cumulative effects, or any major part of a structure or 
facility constructed or operated under the proposed action may be 
located in wetlands. Also, the proposed action may significantly affect 
threatened and endangered species or their habitats identified in the 
Department of the Interior's list.
    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 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.

[[Page 45289]]

    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.
    Alternatives: AFI has presented three alternatives for the 
development of a transshipment port in Puerto Rico. These alternatives 
are as follows:
    Alternative 1: Immediate development of a deep draft navigation 
harbor at the Guayanilla and Ponce Bays to accommodate Post-Panamax 
vessels at both ports. In the Guayanilla Bay this alternative would 
entail the construction of a 6,000 feet long pier with support 
facilities capable of handling as many as four Post-Panamax vessels at 
Punta Guayanilla Peninsula; the discharge of fill material in 
approximately 110 acres of navigable waters in the Punta Gotay area, 
Punta Guayanilla Peninsula, for the development of loading-unloading 
storage area and other support facilities; the development of a 480 
acre parcel owned by Union Carbide in Penuelas adjoining Punta 
Guayanilla (where a petrochemical complex previously operated and 
recently selected by the Environmental Protection Agency for inclusion 
in the Brownfield RCRA Program) for added value activities 
(approximately 10 acres of wetlands would be filled for the development 
of value-added activities); and the development and/or improvement of 
other infrastructure within the Guayanilla Harbor needed to operate the 
Port efficiently. In Ponce this alternative would consist in the 
expansion of the existing piers to a length of about 3,000 feet to 
allow simultaneous handling of as many as two Post-Panamax vessels; the 
immediate dredging of the navigation channel and berthing areas to a 
minimum depth of 45 feet to allow the navigation of Post-Panamax 
vessels and the disposal of the dredged material at either the EPA 
designated ocean disposal site and/or uplands; and the development of a 
90 acres of land adjacent to the port for value-added activities.
    Alternative 2: Immediate development of a deep draft navigation 
harbor at the Guayanilla to handle Post-Panamax vessels and immediate 
improvements to the Port of Ponce to handle Panamax-class vessels and 
eventual dredging (5 to 10 years) of the navigation channel and 
berthing areas to further allow the Port of Ponce to handle Post-
Panamax vessels. In the Guayanilla Bay this alternative would entail 
the construction of a 6,000 feet long pier with support facilities 
capable of handling as many as four Post-Panamax vessels at Punta 
Guayanilla Peninsula; the discharge of fill material in approximately 
110 acres of navigable waters in the Punta Gotay area, Punta Guayanilla 
Peninsula, for the development of loading-unloading storage area and 
other support facilities; the development of a 480 acre parcel owned by 
Union Carbide in Penuelas adjoining Punta Guayanilla (where a 
petrochemical complex previously operated and recently selected by the 
Environmental Protection Agency for inclusion in the Brownfield RCRA 
program) for added value activities (approximately 10 acres of wetlands 
would be filled for the development of value-added activities); and the 
development and/or improvement of other infrastructure within the 
Guayanilla Harbor needed to operate the Port efficiently. In Ponce, 
this alternative would consist of the expansion of the existing piers 
to a length of about 3,000 feet to initially allow Panamax-type vessels 
and eventually Post-Panamax vessels; the development of a 90 acres of 
land adjacent to the port for value-added activities; and the eventual 
or long-term dredging (5 to 10 years) of the navigation channel and 
berthing areas to a minimum depth of 45 feet to allow the navigation of 
Post-Panamax vessels and the disposal of the dredged material at either 
the EPA designated ocean disposal site and/or uplands.
    Alternative 3: Immediate development of a deep draft navigation 
harbor at the Guayanilla to handle Post-Panamax vessels and immediate 
rehabilitation of the Port of Ponce to handle Panamax-class vessels. In 
the Guayanilla Bay this alternative would entail the construction of a 
6,000 feet long pier with support facilities capable of handling as 
many as four Post-Panamax vessels at Punta Guayanilla Peninsula; the 
discharge of fill material in approximately 110 acres of navigable 
waters in the Punta Gotay area, Punta Guayanilla Peninsula, for the 
development of loading-unloading storage area and other support 
facilities; the development of a 480 acre parcel owned by Union Carbide 
in Penuelas adjoining Punta Guayanilla (where a petrochemical complex 
previously operated and recently selected by the Environmental 
Protection Agency for inclusion in the Brownfield RCRA Program) for 
added value activities (approximately 10 acres of wetlands would be 
filled for the development of value-added activities); and the 
development and/or improvement of other infrastructure within the 
Guayanilla Harbor needed to operate the Port efficiently. In Ponce, 
this alternative would consist of the expansion of the existing piers 
to a length of about 3,000 feet to allow of Panamax-type vessels; and 
the development of a 90 acres of land adjacent to the port for value-
added activities.
    In addition to the above alternatives, the no action alternative 
and alternatives identified in the Corps of Engineers Preliminary 
Transshipment Port Assessment For Puerto Rico would also be considered, 
as well as any other alternative identified during scoping process.
    Issues: The EIS will consider impacts on protected species, health, 
conservation, economics, aesthetics, general environmental concerns, 
wetlands (and other aquatic resources), historic properties, fish and 
wildlife values, flood hazards, floodplain values, land use, 
navigation, shoreline erosion and accretion, recreation, water supply 
and conservation, water quality, energy needs, safety, food and fiber 
production, mineral needs, considerations of property ownership, and, 
in general, the needs and welfare of the people, and other issues 
identified through scoping, public involvement, and interagency 
coordination.
    Scoping: On April 4, 2001, AFI conducted a transshipment port 
complex scoping technical meeting with Federal and state Agencies. 
Additional scoping meeting(s) will be held by the Corps of Engineers 
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 strongly encouraged to suggest additional alternatives 
for consideration and otherwise submit comments on the scope of the 
DEIS.
    Public Involvement: We invite the participation of affected 
Federal, state, and local agencies, and other interested private 
organizations and individuals by submitting written comments to the 
information contact provided in this notice.
    Coordination: The proposed action is being coordinated with a 
number of

[[Page 45290]]

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 
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.
    DEIS Preparation: We estimate that the DEIS will be available to 
the public on or about November 15, 2001.

    Dated: August 20, 2001.
John R. Hall,
Chief, Regulatory Division.
[FR Doc. 01-21698 Filed 8-27-01; 8:45 am]
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