[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Pages 43090-43092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18439]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Intent to Prepare a Draft Environmental Impact Statement for the 
Ca[ntilde]o Mart[iacute]n Pe[ntilde]a Rehabilitation Project Being 
Proposed by the Puerto Rico Highway and Transportation Authority

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD.

ACTION: Notice of intent.

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SUMMARY: The Puerto Rico Highway and Transportation Authority (PRHTA) 
is proposing the rehabilitation of Ca[ntilde]o Mart[iacute]n 
Pe[ntilde]a (CMP) in the Municipality of San Juan, Puerto Rico. The 
proposal includes the dredging of CMP, the establishment of 
conservation strip and greenway on the CMP banks, the construction of a 
vehicular, pedestrian, and cyclist transportation corridor parallel to 
CMP and its conservation strips, relocation of approximately 1,100 
structures, construction of a sanitary sewer and storm water system and 
improvements to existing systems, and improvements to the potable water 
distribution system. Portions of the project would need a permit under 
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean 
Water Act permits.

FOR FURTHER INFORMATION CONTACT: Edwin E. Mu[ntilde]iz, (787) 729-6905/
6944, Chief, Antilles Regulatory Section, U.S. Army Corps of Engineers, 
400 Fern[aacute]ndez Juncos Avenue, San Juan, PR 00901.

SUPPLEMENTARY INFORMATION: On May 2001, the Planning Division of 
Jacksonville, Corps of Engineers (Corps), prepared a report titled 
Dredging of

[[Page 43091]]

Ca[ntilde]o Mart[iacute]n Pe[ntilde]a, Project Design Report and 
Environmental Impact Statement (EIS). This study was performed under 
the Support for Others Program at the request of the Puerto Rico 
Department of Natural and Environmental Resources (DNER). This report 
included a description of the study area's problems, several dredging 
and disposal alternatives, a detailed design for the sponsor's 
preferred alternative and a preliminary draft EIS of the recommended 
project. A partial list of relevant previous studies performed by 
private firms and governmental agencies in the project area is included 
in the report. The Project Design Report considered four alternatives 
that would vary in the size and shape of the channel. According to this 
report, these alternatives were evaluated on the basis of their 
construction method and cost, environmental impacts, real estate 
requirements, impacts to bridges and utilities, disposal of dredged 
material, project operation and maintenance, tidal flow capacity, and 
the recreation and navigation potential. These alternatives are as 
follows:
    Alternative 1: Considered dredging a trapezoidal earth channel with 
a width between 150 to 230 feet and 10 feet depth. It would require the 
dredging of approximately 550,000 cubic yards of mixed materials from 
the CMP. The proposed channel dredging would follow the existing CMP 
channel alignment beginning at San Jos[eacute] Lagoon and extends for 
about 11,600 feet to end west of the Luis Mu[ntilde]oz Rivera Avenue 
Bridge.
    Alternative 2: Considered vertical concrete piles with connecting 
concrete panel walls with earth bottom with a width between 150 to 230 
feet and 10 feet depth. It would require the dredging of approximately 
750,000 cubic yards of mixed materials from the CMP. The proposed 
channel dredging would follow the existing CMP channel alignment 
beginning at San Jos[eacute] Lagoon and extends for about 11,600 feet 
to end west of the Luis Mu[ntilde]oz Rivera Avenue Bridge.
    Alternative 3: Consisted of a very limited channel clean up, 
cutting a trapezoidal channel section of 70 feet width by 3.5 feet deep 
and constructing a maintenance access road along the eastern half of 
CMP. It would require the dredging of about 25,000 cubic yards of mixed 
materials from the CMP. The proposed channel dredging would follow the 
existing CMP channel alignment beginning at San Jos[eacute] Lagoon and 
extends for about 11,200 feet to end west of the Luis Mu[ntilde]oz 
Rivera Avenue Bridge.
    Alternative 4: Similar to Alternative 2 with some modifications, 
this was the recommended alternative. It consisted of a rectangular 
channel with vertical bulkhead system. This project would require the 
dredging of approximately 750,000 cubic yards of mixed material along 
the existing channel between the bridge of Luis Mu[ntilde]oz Rivera 
Avenue and the San Jos[eacute] Lagoon to provide a variable width of 
between 150 and 230 feet, and a depth of 10 feet. A transition from 
channel depth of 10 feet to a depth of 6 feet would be provided where 
the channel reaches San Jos[eacute] Lagoon. This alternative requires 
replacement of existing bridges at Luis Mu[ntilde]oz Rivera and Barbosa 
Avenues.
    All of these alternatives would require the relocation of people, 
houses, and utilities in the area as well as the acquisition and 
relocation of some structures along the channel alignment. The no-
action alternative was also considered in the project Design Report. 
The report stated that no-action alternative would lead to further 
environmental degradation of the San Juan Bay Estuary, to a complete 
blockage of the channel by garbage and debris accumulation and 
continued construction of structures on the filled up waterway, and to 
continue the social stress associated with frequent flooding, 
deteriorated air and water quality, and life threatening health 
hazards.
    The report also evaluated three alternatives for the disposal of 
the dredged material, in terms of their proximity to the project area, 
special handling, transportation requirements, environmental benefits, 
environmental impacts, and their overall cost. The disposal 
alternatives were as follows: (1) Ocean disposal; (2) land disposal; 
(3) and in-bay disposal. The study recommended in-bay disposal to fill 
two of the largest deep holes located at Los Corozos and San 
Jos[eacute] Lagoons.
    The PRHTA is now the lead from the Commonwealth of Puerto Rico for 
the proposed rehabilitation of CMP in the Municipality of San Juan, PR. 
The firm Moffatt and Nichol Engineers on behalf of the PRHTA prepared 
the document titled ``Cano Mart[iacute]in Pena Waterway Improvements'' 
dated December 2002, where the above-mentioned alternatives presented 
in the document Dredging of Cano Mart[iacute]in Pena, Project Design 
Report and Environmental Impact Statement were also reviewed. This 
document evaluated an additional alternative, it consisted of a 
rectangular 10 feet deep channel with realignment and vertical steel 
bulkhead system. The proposed channel width at straight and minor bends 
sections is 180 feet. The proposed channel alignment follows the 
existing CMP channel from the Laguna San Jos[eacute] to the existing 
oxbow, crosses the peninsula and ends west of the Luis Munoz Rivera 
Avenue Bridge, a distance of approximately 10,500 feet. The recommended 
alternative in this report is the same as the recommended alternative 
presented in the report prepared by the Corps in May 2001.
    The PRHTA's proposal includes the following elements:
    a. Dredging the CMP in the segment between the bridge on Munoz 
Rivera Avenue and the San Jos[eacute] Lagoon. Approximately 750,000 
cubic yards of dredge material would be removed to widen the CMP to a 
variable width of between 150 and 250 feet, and a depth of 10 feet.
    b. Discharge of fill material over open waters and/or wetlands.
    c. A conservation strip and greenway at the CMP banks, which will 
include mangrove mitigation, trails and recreational areas that will 
allow pedestrians to interact with the CMP.
    d. Construction of a vehicular, pedestrian and cyclist 
transportation corridor parallel to the CMP and its conservation 
strips.
    e. Relocation of approximately 1,100 structures (family homes and 
small businesses) that would be affected by the proposed project.
    f. Construction of a sanitary sewer and storm water system to 
eliminate the disposal of wastewater into the CMP. Improvements of 
existing systems to correct the interconnections between storm water 
and sewer systems.
    g. Improvements to the potable water distribution system within the 
perimeter of influence of the project.
    The primary purpose of this project is the environmental 
restoration of the eastern portion of CMP, which includes restoring the 
water flow between the San Jos[eacute] Lagoon and the San Juan Bay. It 
would also benefit eight low-income communities surrounding the CMP. 
However, the proposed action would cause significant impacts, including 
individual and cumulative effects to the mangroves-wetlands, and 
aquatic resources, human environment, and type of land use (residential 
and commercial). The public health or safety could be affected since 
the sediments to be dredged in the CMP were determined to be polluted. 
Also, the proposed project could impact cultural resources. No 
endangered or threatened species are known to exist within the project 
area.
    Pursuant to Section 10 of the Rivers and Harbors Act the Corps 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 has

[[Page 43092]]

regulatory authority to permit the discharge of dredged or fill 
material into wetlands and other waters of the United States. 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.
    In determining whether to issue a permit, the Corps must consider 
the 404(b)(1) guidelines, a public interest review and 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 Management 
Act; section 401 of the Clean Water Act; and other applicable Federal 
laws. Modifying land for new uses may also involve zoning, land use 
planning, water management, and other regulatory/planning requirements 
at the local, commonwealth, and Federal level.
    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.
    Scooping: The PRHTA has conducted numerous citizen involvement 
activities and have held several meetings with representatives of 
concerned Federal, State, and local agencies. At this time, there are 
no plans for a public scoping meeting, if the Corps holds a public 
scoping meeting, 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 
draft EIS.
    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 
contact information provided in 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 Office, 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.
    Draft EIS Preparation: We estimate that the DEIS will be available 
to the public on or about January 15, 2004.

Luz D. Ortiz,
Army Federal Register Liaison Officer.
[FR Doc. 03-18439 Filed 7-11-03; 8:45 am]
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