[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Notices]
[Pages 79575-79576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32816]


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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]
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