98-3903. Record of Decision for the Installation and Operation of a Relocatable Over the Horizon Radar (ROTHR) System in Puerto Rico  

  • [Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
    [Notices]
    [Pages 7764-7771]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-3903]
    
    
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    DEPARTMENT OF DEFENSE
    
    Department of the Navy
    
    
    Record of Decision for the Installation and Operation of a 
    Relocatable Over the Horizon Radar (ROTHR) System in Puerto Rico
    
    AGENCY: Department of the Navy, DoD.
    
    ACTION: Notice of record of decision.
    
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    SUMMARY: The Department of the Navy announces its decision to install 
    and operate a ROTHR System in Puerto Rico.
    
    FOR FURTHER INFORMATION CONTACT: Ms. Linda Blount, Atlantic Division 
    Naval Facilities Engineering Command (Code 2032LB), 1510 Gilbert 
    Street, Norfolk, VA 23511-2699, telephone (757) 322-4892.
    
    SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision is 
    provided as follows:
        The Department of the Navy (Navy), pursuant to Section 102 (2) (c) 
    of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 
    Sec. 4321 et seq., and the regulations of the Council on Environmental 
    Quality (CEQ) that implement NEPA procedures, 40 CFR Parts 1500-1508, 
    hereby announces its decision to install and operate a ROTHR System in 
    Puerto Rico.
        The ROTHR system is a high frequency radar that provides over-the-
    horizon detection and tracking of aircraft over a wide geographic area. 
    Each complete ROTHR system is composed of three major subsystems: the 
    transmitter, receiver, and operation control center (OCC). The 
    transmitter will be installed at a site on the southwestern coast of 
    Vieques, Puerto Rico, north of the Laguna Playa Grande. The receiver 
    will be installed at a site on Fort Allen in Juana Diaz, Puerto Rico. 
    Both sites are on existing Department of Defense property. The OCC 
    functions will be accomplished at an existing facility in Chesapeake, 
    Virginia.
    
    Background
    
        In accordance with the President's National Drug Control Strategy 
    and in consonance with Presidential Decision Directive 14, the purpose 
    and need of the project is the early detection and monitoring of 
    illegal international drug activity by providing air surveillance of 
    the South American source countries of Peru, Bolivia, and Colombia. The 
    existing ROTHR systems in Virginia and Texas provide incomplete 
    coverage of the source countries, resulting in gaps that are exploited 
    by drug traffickers. Implementation of the ROTHR system in Puerto Rico 
    will complement the two existing ROTHR systems, and, with existing 
    surveillance strategies, will provide virtually complete coverage of 
    this area. Early detection and tracking will improve reaction time for 
    counter-narcotic forces.
    
    Process:
    
        In accordance with NEPA, a Notice of Intent (NOI) to Prepare an 
    Environmental Impact Statement (EIS) for Construction and Operation of 
    a ROTHR, Puerto Rico was published in the Federal Register on May 25, 
    1994. That notice described briefly the proposed action, requirements 
    for a transmitter site and a receiver site, and alternative site 
    locations identified for the transmitter on Vieques (Playa Grande, Camp 
    Garcia Airfield, and Camp Garcia East) and for the receiver in 
    southwest Puerto Rico (Lajas A and Lajas B). Public scoping meetings 
    were announced in English and Spanish in local newspapers and in direct 
    mailouts. Following these notifications, two scoping meetings were held 
    as follows:
         June 9, 1994 from 7:30 pm to 9:30 pm at the Community 
    Center in La Parguera, Lajas, PR; and
         June 11, 1994 from 10:30 am to 1:00 pm at the Municipal 
    Assembly Hall in Vieques, PR.
        A total of ten individuals provided comments at the scoping 
    meetings and three letters were received.
        On July 18, 1995, the Draft Environmental Impact Statement (DEIS) 
    for the ROTHR project was issued, and on July 24, 1995 a Notice of 
    Availability was published in the Federal Register. The document was 
    prepared in two versions, English and Spanish, and distributed to 118 
    parties including government agencies, groups, and individuals. Four 
    public hearings were held to receive comments on the DEIS, with Hector 
    Russe Martinez, Esq., President of the Puerto Rico Environmental 
    Quality Board (EQB), serving as Hearing Officer:
         November 27, 1995 hearing at the Multiple Services Center, 
    Vieques, PR.
         November 29, 1995 at the Municipal Theater, Lajas.
         December 6, 1995 at the Municipal Theater, Lajas, PR.
         December 16, 1995 at the Municipal Theater, Lajas, PR.
        The public comment period was open for the receipt of comments 
    until December 31, 1995. During the public hearings, thirty-eight 
    people spoke. Thirty-four letters from agencies, organizations, and 
    individual concerned citizens were received by the Navy pertaining to 
    the ROTHR project.
        Concerns expressed during the public review of the DEIS prompted 
    the Navy to re-evaluate potential receiver sites. A new preferred site 
    at Fort Allen in Juana Diaz, Puerto Rico was identified, and on 
    February 7, 1997, a Supplemental Draft Environmental Impact Statement 
    (SDEIS) was filed with the Environmental Protection Agency (EPA) and a 
    Notice of Availability was published in the Federal Register on 
    February 14, 1997. The document was prepared in two versions, English 
    and Spanish, and distributed to over 200 government agencies, groups, 
    and individuals.
        A public hearing was held on March 15, 1997 in Juana Diaz, with 
    Hector Russe Martinez, Esq., President of the Puerto Rico EQB, serving 
    as Hearing Officer. During the public hearing forty people spoke. The 
    public comment period was open for the receipt of comments until March 
    31, 1997. Forty-nine letters from agencies, organizations, and 
    individual concerned citizens were received by the Navy pertaining to 
    the ROTHR project.
        Issues raised at the public hearings and submitted in writing were 
    addressed in a Final EIS (FEIS). The FEIS was filed with EPA on 
    September 19, 1997 and a Notice of Availability was published in the 
    Federal Register on September 26, 1997. The document was prepared in 
    two versions, English and Spanish, and distributed to over 200 
    government agencies, groups, and individuals. The public comment period 
    was open for the receipt of new comments until October 27, 1997. A 
    total of eight written comments were received on the FEIS.
    
    Alternatives
    
        NEPA requires the Navy to evaluate a reasonable range of 
    alternatives. Determining an optimum location for the installation of 
    the ROTHR involved several factors including adequate coverage of the 
    intended surveillance area, potential locations for sites which would 
    meet the siting criteria, and suitable existing infrastructure.
        Puerto Rico presents the best possible siting alternative and meets 
    all the significant criteria for coverage: look angle; target area 
    coverage; suitable terrain; sufficient land area; infrastructure; 
    supportability; cost; and constructability. Additionally, Puerto Rico 
    shares with the U.S. mainland an urgent need to combat drug 
    trafficking. A federal/local interagency task force on the island is 
    actively cooperating in this task. The location of the third leg of the 
    system in Puerto Rico (in conjunction with the Texas and Virginia 
    systems) will provide mutual benefits to Puerto Rico and the mainland 
    U.S. that are in keeping with their common interest.
        During the NEPA process, the Navy analyzed the environmental 
    impacts of siting the ROTHR system in different locations in Puerto 
    Rico, including the island of Vieques. A preliminary assessment of 
    potential locations for the transmitter and receiver subsystems was 
    performed between May and November 1993 (Raytheon, October 1993). The 
    following criteria must be met for the
    
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    ROTHR system to accomplish its mission:
         The transmitter and receiver sites must be separated by 50 
    to 100 miles (mi) (80 to 160 kilometers [km]) to permit bistatic 
    operation;
         The sites must be generally level, for operational 
    purposes of the antenna array; and
         The area to the south of the antennas must be clear of 
    large or tall obstructions.
        Five potential transmitter sites were identified during the 
    preliminary assessment: four sites on Vieques Island and one site on 
    Puerto Rico. Three of the five sites were determined to be feasible: 
    Playa Grande (the selected site); Camp Garcia Airfield; and Camp Garcia 
    East. All three feasible transmitter sites are located on Navy-owned 
    property along the southern coast of Vieques Island.
        The Playa Grande Site is located on the southwestern coast, north 
    of the Laguna Playa Grande Conservation Zone. It is within the Naval 
    Ammunition Storage Detachment (NASD). The vegetation on the site 
    includes a mahogany plantation planted with saplings in 1991 and thorn/
    scrub lowland forest, mixed with dense grassland.
        The Camp Garcia Airfield site is located just west of the existing 
    Camp Garcia Headquarters and Repair Compound and is intermittently used 
    as a drop zone during training exercises. The graded area is now a 
    mixed thorn/scrub habitat with grassland, dominated by opportunistic 
    and pioneer species.
        The Camp Garcia East site is located immediately east of the 
    existing Headquarters and Repair Compound at Camp Garcia and is 
    surrounded by a fuel storage area, a sewage lagoon, equipment and 
    machinery repair facilities, and a helicopter pad. This site is 
    currently densely vegetated with thorn/scrub vegetation and mixed 
    scrub.
        Based on operational criteria, the Playa Grande Site has been 
    selected because it avoids conflicts with Camp Garcia training 
    exercises. Training exercises at Camp Garcia would not interfere with 
    ROTHR operations at the Playa Grande Site, but would have resulted in 
    periodic shutdowns of ROTHR operations at either of the two Camp Garcia 
    Sites.
        Seven potential receiver sites on Puerto Rico were initially 
    evaluated. Based on operational, environmental, and cost criteria, 
    three receiver sites (Lajas Site A, Lajas Site B, and Fort Allen) were 
    identified as feasible alternatives. Although the Fort Allen Site was 
    not initially identified as a feasible site, the development of an 
    effective shortened receiver array has allowed it to be selected for 
    the receiver site.
        The Fort Allen Site is part of a 941 acre (381 hectare) facility 
    located on the southern coast of Puerto Rico approximately 10 mi (16 
    km) east of Ponce within Juana Diaz. It is operated as a Puerto Rico 
    Army National Guard (PRARNG) facility. Secondary successional 
    vegetation dominates the receiver site. Use of this site for the 
    receiver facility has been coordinated among the Navy, the PRARNG, and 
    the US Army National Guard Bureau to ensure that there will be no 
    incompatible uses at Fort Allen.
        The use of a shorter receiver array at Fort Allen allows 
    construction to remain entirely within the boundaries of existing 
    federal property. Although the shorter receiver array will result in 
    some minor loss of performance of the system, it will still be capable 
    of performing its assigned mission. The ability to place the receiver 
    entirely on government property is an important consideration. The Fort 
    Allen Site would therefore, impact no private property, and would 
    impact less wetland area than the two Lajas sites.
        The no action alternative was also considered. Under the no action 
    alternative the ROTHR system would not be constructed in Puerto Rico. 
    While the construction and operational impacts associated with the 
    ROTHR would be avoided, this option would preclude development of radar 
    coverage beyond the range of the existing radar systems in Virginia and 
    Texas. Without the Puerto Rico system, early warning of suspicious 
    flights departing South America would not occur, thereby decreasing the 
    opportunity for federal and commonwealth agencies to intercept and 
    apprehend illegal air drug traffickers.
    
    Environmental Impacts
    
        The Navy analyzed the potential impacts of the transmitter and 
    receiver alternatives for their effects on land use; socioeconomics; 
    community facilities and services; transportation; air quality and 
    noise; electromagnetic emissions; infrastructure; culture resources; 
    biological resources; water resources; topography, geology, and soils; 
    hazardous substances; and cumulative impacts. This Record of Decision 
    focuses on the major impacts that will likely result from implementing 
    the preferred alternative of installing and operating the transmitter 
    at Playa Grande, Vieques, Puerto Rico and the receiver at Fort Allen, 
    Juana Diaz, Puerto Rico.
        Installation of a transmitter at the Playa Grande Site will be 
    compatible with the mission of U.S. Naval Station, Roosevelt Roads and 
    with the Navy's Memorandum of Understanding Regarding the Island Of 
    Vieques (1983). About 22 acres (9 hectares) of an existing mahogany 
    plantation consisting of about 1,650 trees will be cleared during 
    construction of the transmitter facilities. The site will be compatible 
    with existing land uses, will be located north of the environmental 
    conservation zone, and will be away from public view. The towers and 
    wires will be backdropped by hills and mountains, and, therefore, will 
    not be readily seen from the sea.
        Fort Allen is federally owned and operated as a Puerto Rico Army 
    National Guard training facility. Installation of a receiver site at 
    Fort Allen will be compatible with the facility's mission to provide 
    training for the National Guard. The site will be away from public view 
    because the receiver towers will project a maximum of 19 ft (6 m) above 
    the ground surface, and are not expected to be visible beyond the 
    immediate area.
        While portions of the Fort Allen site are classified as prime 
    farmland if irrigated, the construction site is within an existing 
    military facility, and is not in agricultural use. Additionally, there 
    is no existing irrigation. Constructing the receiver at the Fort Allen 
    Site does not violate the objectives of the Federal Farmland Protection 
    Act.
        Temporary economic impacts on the area will result from the 
    construction activities. Construction of the facility will be timed so 
    that the facility can become operational in 1999. The estimated cost 
    for site preparation and construction at the ROTHR transmitter site is 
    approximately $5.5 million. The estimated cost for site preparation and 
    construction at the receiver facility is approximately $4.5 million. It 
    is expected that local construction workers will be employed by 
    construction contractors. Some workers may reside in temporary housing 
    during the construction period. They are not expected to remain in the 
    area once construction is completed. Once operational, the facility 
    will employ a total of 20 full-time persons at each site, who will, to 
    the maximum extent practicable, be from the existing Puerto Rico labor 
    force.
        Air quality and noise impacts for the transmitter and receiver 
    sites will be similar. There will be temporary minor increases in 
    vehicle exhaust emissions (from construction-related vehicle combustion 
    engines) and of direct emissions (from earth movement and
    
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    travel on unpaved roads) during construction of the transmitter and 
    receiver facilities. These impacts will occur only during the 
    construction process (short-term) and will not significantly degrade 
    air quality in the area over the long term. No backup generators will 
    be placed at the transmitter or receiver sites. There will be a 
    permanent minor increase in motor vehicle emissions at the transmitter 
    and receiver sites as a result of daily vehicular traffic of facility 
    employees and dust from travel on unpaved roads. These emissions will 
    be minor, however, as only a total of 20 people each will be working at 
    the transmitter and receiver sites.
        With respect to noise impacts, construction activity will result in 
    temporary increases in noise levels at the transmitter and receiver 
    sites and along adjacent roads. Vehicle and heavy equipment traffic 
    will be the primary noise sources. Blasting is required at the 
    transmitter site to remove approximately 2,000 cubic yards (cu yd) 
    (1,529 cubic meters [cu m]) of rock. Noise levels will be within noise 
    standards presented in the Puerto Rico Regulation of the Environmental 
    Quality Board for the Control of Noise Pollution, Amended Version, 
    dated February 25, 1987, pursuant to Law Number 9, of June 18, 1970. 
    Once construction is completed, operation of the system will result in 
    imperceptible increases in noise levels.
        In performing its function, the transmitter system will emit Radio 
    Frequency (RF) fields. The RF fields occur via directional Frequency 
    Modulation Continuous Wave (FM/CW) High Frequency (HF) transmissions at 
    assigned frequencies between 5 and 28 megahertz (MHZ, million cycles 
    per second). Concerns dealing with biological hazards from exposure to 
    ionizing radiation do not apply to the ROTHR transmitter system. 
    Biological effects associated with the ROTHR transmitter will be in 
    response to thermalizing absorption of RF fields, which are a portion 
    of the non-ionizing electromagnetic spectrum.
        Questions about possible ``nonthermal'' effects of RF fields have 
    been examined by the World Health Organization (WHO) at an 
    international seminar held in November 1996 on the biological effects 
    of low-level radio frequency fields. Their report concluded that 
    ``while hazards from exposure to high-level (thermal) RF fields were 
    established, no known health hazards were associated with exposure to 
    RF sources emitting fields too low to cause a significant temperature 
    rise in tissue.''
        The Department of Defense (DoD) criteria for protection of 
    personnel from exposure to RF fields are set out in DoD instruction 
    6055.11. These criteria are based upon consensus derived voluntary 
    standards developed by the Institute of Electrical and Electronics 
    Engineers (IEEE), which is a Non-Governmental Standards Organization 
    (NGSO). This standard was approved and adopted by the American National 
    Standards Institute (ANSI). The RF field emitted by the ROTHR 
    transmitter will not expose the public to levels greater than those 
    given in the ANSI/IEEE (1992) standards, and will not cause any 
    detrimental health effects. Because RF fields in the immediate area of 
    the transmitter may be higher than permissible exposure limits, public 
    access will not be allowed. A personnel exclusion fence will be 
    constructed at the transmitter antenna site to limit access and control 
    exposures. This fence will be posted with standard warning signs in 
    both English and Spanish. The personnel exclusion fence will be located 
    so that RF fields at ground level outside the exclusion fence will meet 
    DoD and ANSI/IEEE standards for uncontrolled environments.
        At the receiver facility, only the calibration antenna will produce 
    RF fields and only when the receiver equipment is being tested (about 
    two hours each week). The signals from the calibration antenna will 
    have a field power level adjacent to the antenna 1/1,000 of the power 
    level of a portable phone and 1/500 of the power level of a television.
        The receiver facility is sensitive to electromagnetic interference 
    (EMI) from sources in the vicinity of the receiver site. While no 
    buffer area extending beyond the boundary of Fort Allen will be 
    required, the Navy will coordinate with the PRARNG and US Army National 
    Guard to ensure proposed activities in the vicinity of the receiver 
    will not create interference.
        The power required to operate the transmitter site is not expected 
    to adversely impact the power supply of the island of Vieques. 
    According to the Puerto Rico Electric Power Authority (PREPA), there is 
    suitable capacity to meet this requirement. At the Playa Grande Site, 
    electrical power will be supplied by a new line constructed within a 25 
    ft (8 m) right-of-way adjacent to Route 201, impacting about 7.4 acres 
    (3 hectares) of thorn/scrub vegetation. Electrical power is currently 
    available at the Fort Allen Site. The power required to operate the 
    receiver site (500 kVA) is not expected to adversely impact the power 
    supply of the island of Puerto Rico or the local area.
        At the transmitter site during construction and operation of the 
    facility, potable water needs will be met with bottled water. A non-
    potable well will be installed for sanitary use, cleaning, and showers. 
    Impacts to local groundwater resources will be minimized by the proper 
    construction, operation, and maintenance of the groundwater well 
    system. The receiver facility at Fort Allen will use the existing 
    adequate water supply system.
        Sanitary sewer facilities are not currently available at the 
    transmitter site. A ``mound'' type subsurface soil absorption and 
    septic tank system will be installed. Sanitary sewer services at Fort 
    Allen are supplied by the on-site wastewater treatment plant.
        The wastes generated by the action are not expected to impact local 
    solid waste disposal resources. The Vieques landfill in the Bastimento 
    Ward is 10 acres (4 hectares) in size with an active life estimated at 
    17 to 20 years. Construction debris and rubble will be transported to 
    this solid waste landfill. Minimal construction debris and rubble from 
    the Fort Allen site will be transported by the construction contractor 
    to a local solid waste landfill that has sufficient capacity.
        An intensive archaeological survey was conducted in July 1996 at 
    the Playa Grande site and no significant archaeological sites were 
    located. An intensive archaeological survey was also conducted on 180 
    acres (73 hectares) at Fort Allen in July 1996. No significant 
    archaeological sites were located. A preliminary disturbance study 
    indicated that the majority of the area retained a low potential for 
    intact cultural resources, due to landscape modification. Some isolated 
    areas of moderate potential were located in the extreme western and 
    southeastern portions of the testing area. These areas appeared to have 
    been less affected by modern disturbances, but contained no pre-modern 
    materials, features, or deposits. The Puerto Rico Historic Preservation 
    Office has concurred with the Navy's finding that the installation and 
    operation of the ROTHR will have no effect on historic resources.
        No significant impacts to biological resources will occur at the 
    transmitter site. Biological impacts to the Playa Grande Site will be 
    the result of clearing vegetation and grading up to approximately 80 
    acres (32 hectares). The site occupies part of a mahogany plantation, a 
    grass/low growing herbaceous community, and a lowland forest. The 
    mahogany plantation was planted in 1991 from nursery stock.
    
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    These trees are still saplings and are not currently economically 
    viable for wood product. Construction of the transmitter facility will 
    require the clearing of approximately 22 acres (9 hectares) of the 
    mahogany plantation (about 1,650 trees). As mitigation, mahogany 
    saplings will be planted between and adjacent to the trees which will 
    not be disturbed by the construction. The restriction area will be 
    cleared of vegetation and graded above the 16 ft (5 m) contour and the 
    Laguna Playa Grande Conservation Zone boundary. No construction will 
    occur within the conservation zone. Additionally soil erosion control 
    measures will ensure no indirect impacts occur to the conservation 
    zone.
        No significant impacts to biological resources will occur at the 
    receiver site. A large majority of the Fort Allen Site is densely 
    vegetated with thorn/scrub community. The 117 acre (47 hectare) site 
    consists of approximately 110 acres (45 hectares) of secondary 
    successional growth, approximately 4 acres (2 hectares) of secondary 
    successional growth/grassland mix, and approximately 3 acres (1 
    hectare) of grassland which will be cleared.
        The Navy's analysis in the FEIS indicated 0.95 acres (0.4 hectares) 
    of wetlands would be impacted as a result of the construction of the 
    receiver facility. Subsequent to issuance of the FEIS, the boundaries 
    of the wetlands area were further defined, and design revisions were 
    made. Consequently, the amount of wetlands which will be displaced is 
    now estimated at less than 0.25 acres (0.12 hectares) of which only 
    0.08 acres (0.03 hectares) will be permanent wetlands loss. There is no 
    practicable alternative to these wetlands impacts. The proposed action 
    includes all practicable measures to minimize impacts to wetlands.
        No threatened or endangered species will be impacted by 
    construction or operation of the ROTHR in Puerto Rico.
        Construction of the transmitter site will require leveling the 
    ground surface supporting the transmitter antennas. In order to meet 
    specific criteria for the designed system, approximately 10 acres (4 
    hectares) of the transmitter site must be permanently leveled. An 
    additional 70 acres (28 hectares) will be smoothed, and sloped with the 
    natural terrain toward the lagoon. This grading will result in a 
    permanent change to topography in the area of the transmitter site. To 
    meet specific criteria for the designed receiver system at the Fort 
    Allen site, approximately 117 acres (47 hectares) will be permanently 
    leveled and the soil will be redistributed. Best management practices, 
    controls, and procedures will be utilized at the construction sites to 
    reduce the potential for stormwater runoff.
        Based on available information and limited field surveys, there is 
    no evidence of hazardous waste contamination at the transmitter site. 
    Based on environmental site investigations performed by the U.S. Army 
    over the past three years, 3 potential areas of concern (AOCs) were 
    found to be within the receiver site boundary. Additional site 
    inspections and a geophysical survey performed by the U.S. Navy during 
    the fall of 1996 revealed several suspect features at two of the AOCs. 
    However, based on results of a human health risk evaluation, the site 
    was determined to be a suitable location for the ROTHR receiver array.
        The Puerto Rico Planning Board has concurred that the ROTHR project 
    is consistent with the Puerto Rican Coastal Zone Management Plan.
        The potential effects of the proposed construction of the ROTHR 
    system have been evaluated in accordance with the requirements of 
    Executive Order 12898, Environmental Justice. The direct and indirect 
    effects of the proposed ROTHR system are not expected to significantly 
    affect human health or the environment. The proposed action will not 
    cause adverse environmental or economic impacts to the general 
    population or, specifically, to any groups or individuals from minority 
    or low-income populations. No residences will be directly impacted. In 
    addition, publication of the newspaper notice announcing the 
    availability of the environmental impact statement allowed the total 
    public (including minority and low-income individuals and populations) 
    the opportunity to comment on the proposed action. The EIS and all 
    notices were published in both English and Spanish to maximize public 
    awareness of the proposal.
        The existing ROTHR systems in Virginia and Texas provide incomplete 
    coverage of the South American source countries, Peru, Bolivia, and 
    Colombia, resulting in gaps that are exploited by drug traffickers. 
    Implementation of the ROTHR system in Puerto Rico, which will 
    complement the two existing ROTHR systems, will provide virtually 
    complete coverage of this area. The action can, therefore, be regarded 
    as having a cumulatively positive effect, since the project will be an 
    essential component in the curtailment of drug trafficking, which is a 
    top priority of the U.S. Government and the Commonwealth of Puerto 
    Rico.
        No significant cumulative impacts to human health, land use, 
    socioeconomic, community facilities and services, transportation, 
    infrastructure, air quality, noise, and natural or cultural resources 
    are anticipated.
    
    Mitigation
    
        To prevent potential adverse effects to human health at the 
    transmitter site, a fence will surround the antennas and groundscreen 
    area. The fence, demarking a ``Personnel Exclusion Area,'' will be 
    conspicuously marked with warning signs in both Spanish and English. 
    The fence will be located at a safe distance from the transmitter 
    antennas so that no harmful effects could occur to humans. The safe 
    distance for setting the fence will be determined by measurement of the 
    RF fields and reference to the maximal permissible exposure levels as 
    defined in DoD instruction 6055.11 and ANSI/IEEE standards (1992). 
    Measurements of electromagnetic fields and currents will be conducted 
    by qualified engineers. In the unlikely event that the initial 
    measurements indicate that the ANSI/IEEE standards are not being met, 
    the Navy will adjust the fence location, as needed. If measurements 
    taken at the southernmost position of the proposed fence exceed the 
    standards, then the Navy will reduce power levels to achieve 
    compliance. The Navy will reduce the power versus move the fence 
    because of a Navy commitment to avoid any construction in the 
    conservation zone, which lies to the south of the site. In the event 
    the Navy must reduce the power level, the ROTHR will still be able to 
    effectively accomplish its mission. The Navy will also work with the 
    Puerto Rico EQB to ensure a suitable third party takes part in the 
    initial system testing.
        RF fields also generate potential hazards to Electro-Explosive 
    Devices (EED) or Cartridge Actuated Devices (CAD) found in aircraft. An 
    exclusion zone will extend to 700 ft (213 m) above ground level. This 
    airspace should be avoided by all untested aircraft equipped with EED-
    or CAD-actuated systems that are exposed. The existence of this EED 
    zone will be published as a Notice to Airmen (NOTAM) on aeronautical 
    charts and contained in flight information publications handled by the 
    FAA.
        Some modern aircraft controls and navigation systems are comprised 
    of electronic devices. The potential exists for induced currents from 
    electromagnetic fields to cause these devices to malfunction or produce 
    erroneous data. Transmitter electromagnetic emissions will not 
    interfere with Instrument Landing Systems (ILS) or aircraft navigation 
    and control systems that are beyond 700 ft (213 m) of the transmitter 
    antennas. To
    
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    prevent the accidental disruption of aircraft controls and instruments 
    in the airspace of the transmitter site, a NOTAM will be published 
    through the FAA advising aircraft to stay clear of the affected 
    airspace, so that safe separation distances will be maintained between 
    all aircraft and the transmitter antennas (airspace restrictions for 
    commercial EEDs, are actually larger than this area and therefore only 
    one NOTAM will be published for the EED restricted airspace).
        The high frequency (HF) radio spectrum is utilized by numerous 
    licensed users in the Fixed and Broadcast Service frequency bands. To 
    prevent ROTHR transmissions from interfering with other users of the HF 
    spectrum, ROTHR will be licensed to transmit on a ``not-to-interfere'' 
    basis. The ROTHR system will not transmit in the licensed frequency 
    bands of the Broadcast Services (emergency, amateur, commercial, etc.) 
    in the region of the transmitter site. These frequencies will be 
    permanently blocked out within the ROTHR control system. In the 
    available frequency bands, ROTHR will avoid interference by continually 
    monitoring the HF spectrum for unused frequencies. Transmissions will 
    only occur at frequencies that have been monitored and determined to be 
    clear of activity. If an interference does occur between ROTHR and 
    another HF user, a formal complaint can be filed through the FCC to 
    resolve further conflicts.
        The total wetlands impact of 0.25 acres will be offset by the 
    construction of approximately 7618 linear feet of new ditch, 
    approximately 4 feet deep and 6 feet wide. The area of ditch bottom 
    (1.05 acres) will rapidly evolve to a state of equal wetland function-
    and-value to the displaced wetland. Therefore, in accordance with the 
    Navy No-Net-Loss-of-Wetlands-Policy, an effective ratio of 4:1 
    compensatory mitigation will be achieved on site.
        Relative to potential for bird strikes at the transmitter, along 
    the antenna support wires, 3 in (7.6 cm) diameter white ceramic 
    insulators will be placed at approximately 15 foot (4.6 m) intervals to 
    break up the cable sections, making them less conductive for 
    electricity. These ceramic insulators will make the wires more visible 
    to birds than unmarked electrical wires. The support wires extend from 
    the structures to the ground in a vast network and are more visible 
    than electrical wires which are generally parallel with the horizon, 
    and, therefore, should reduce potential effects from bird strikes.
        The Laguna Playa Grande is located approximately 300 ft (91 m) 
    south of the transmitter site. Laguna Playa Grande Conservation Zone is 
    one of seven zones established by the Navy as a result of the 1983 MOU 
    regarding the island of Vieques between the Navy and the Commonwealth 
    of Puerto Rico. The cleared area outside the fenceline for construction 
    of the transmitter facility will be located above the 16 ft (5 m) 
    contour of the Laguna Playa Grande Conservation Zone boundary, and, 
    therefore, the Conservation Zone will be avoided. In addition, best 
    management practices for erosion control at the transmitter site will 
    be implemented to avoid indirect impact. These will include the use of 
    silt fences, diversion ditches, and sedimentation basins.
        To diminish light potentially reaching the beach, the Navy, where 
    possible, will orient outside lights away from the beach. Additionally, 
    the Navy will use low-pressure sodium vapor luminaries (LPS) which emit 
    only yellow light, and which have been demonstrated to have minimal 
    effect on sea turtle adults or the ability of hatchlings to find the 
    sea. These two measures in concert will mitigate potential effects on 
    sea turtles.
        About 22 acres (9 hectares) of the mahogany plantation will be 
    impacted by construction of the transmitter facility at the Playa 
    Grande Site. Planting of mahogany saplings in a suitable location will 
    be conducted as mitigation. The mahogany trees will be planted between 
    and adjacent to the trees which will not be disturbed by the 
    construction. The replacement mahogany trees will be purchased under a 
    guaranteed contract so that the supplier will be responsible for 
    replacement of any trees that die.
        During construction of the transmitter facility on Vieques, 
    including roadway relocation and parking lot construction, soils will 
    be exposed to rain and wind. Best management practices for sediment and 
    erosion control will be used at the transmitter site to ensure that a 
    majority of the eroded sediments are prevented from entering the Laguna 
    Playa Grande. Details of the project specific soil erosion control 
    plans are included in the FEIS.
        The receiver site is in the 100-year floodplain. Design 
    considerations to reduce obstructions to the water flow and to prevent 
    damage to the receiver system are specified in the FEIS.
        Measures to minimize the impact of construction of the receiver 
    array, related support facilities, and clear zones will be taken in 
    areas where contaminants have been detected at Fort Allen. These 
    measures are outlined below and will be included in the project health 
    and safety plan, and soil erosion control plan.
         Surface and subsurface debris encountered during 
    construction will be removed and disposed of in an appropriate manner. 
    The debris, such as old tent canvases and bags of refuse, will be 
    collected and disposed offsite in landfills. The Navy will perform any 
    testing required prior to landfill disposal.
         Debris removal will be limited to the intrusive ground 
    activities required for the construction of the ROTHR antenna array and 
    will be supervised by an environmental engineer.
         Construction activities will be conducted in a way to 
    minimize windborne dust. Appropriate health and safety measures will be 
    implemented to protect workers from inhalation or ingestion of dust.
         Appropriate measures will be taken to minimize the 
    potential for overland flow of runoff and associated sediment from the 
    site (i.e., areas will not be flooded during construction, or if 
    required temporary containment ponds will be built).
         The area will be revegetated as soon as feasible after 
    construction to minimize soil erosion due to wind or precipitation. 
    Native vegetation will be planted if the speed of natural revegetation 
    processes allows excessive opportunities for soil erosion.
    
    Comments Received on the FEIS
    
        A total of eight comment letters were received on the FEIS. Two 
    letters merely reiterated comments previously submitted on the DEIS and 
    SDEIS and identified no new issues. The Environmental Protection Agency 
    (EPA) submitted a letter stating that EPA did not anticipate that the 
    project will cause any significant adverse environmental impacts, 
    provided that the Navy follows the identified mitigation measures. EPA 
    expressed no concerns with the project as proposed.
        The U.S. Department of Interior (DOI) expressed continued concern 
    over the potential for impacts to the Laguna Playa Grande and 
    surrounding mangroves from increased sedimentation. They requested that 
    best management practices for sediment and erosion control be 
    incorporated into the project plans and specifications prior to request 
    for bids. They also recommended that storm water management measures 
    should be installed during and prior to completion of the construction 
    process, with the purpose of reducing pollutants in storm water 
    discharged after construction is completed. In addition to soil 
    stabilization and structural practices, they recommended that a 
    vegetated buffer be established adjacent to the
    
    [[Page 7770]]
    
    project boundary to further minimize runoff into the lagoon. As stated 
    in the FEIS, the sedimentation and soil erosion control plan is the 
    responsibility of the construction contractor, subject to Navy review 
    and EQB approval. However, the Navy will encourage the contractor to 
    use soil stabilization and structural practices, as appropriate. 
    Additionally, the design includes erosion and sediment control 
    measures, both during construction and as a permanent facility upon 
    completion of the project. During construction, a series of silt dams 
    will be provided to control the site runoff. A sediment basin will also 
    be installed during the first phase of construction, before land 
    clearing begins. All of the site drainage is directed toward this 
    approximately 10 acre basin. The basin will remain in place after 
    construction. A vegetated buffer was not included as part of the 
    project since all site drainage will be directed toward the basin, and 
    there will be no sheet flow into the lagoon. However, as previously 
    stated, no clearing will occur below the 5 meter contour, therefore, 
    existing vegetation adjacent to the lagoon will be maintained.
        DOI also recommended that soil erosion control measures be 
    implemented at the Fort Allen receiver site in order to restrict 
    sediments and other contaminants from entering the on site wetlands and 
    adjacent water bodies. A sedimentation and soil erosion control plan 
    for the Fort Allen receiver site will be prepared by the construction 
    contractor. As with the Playa Grande transmitter site, the plan will be 
    subject to Navy review and EQB approval.
        DOI also requested that the Navy consider using Swan Flight 
    Diverters (spiral vibration dampers) or similar devices at the 
    transmitter to minimize bird strikes, and requested an opportunity to 
    review plans for their installation. The Navy will investigate the 
    possibility of using these devices, and will coordinate with the U.S. 
    Fish and Wildlife Service Caribbean Office. DOI also recommended that 
    the Navy direct lights away from the beach and use low-pressure sodium 
    vapor luminaries for all light sources that may affect sea turtles. As 
    previously stated, the Navy will direct lights away from the beach, if 
    possible, and will use low-pressure sodium vapor luminaries for all 
    exterior lighting. DOI's additional comments on the mahogany forest 
    mitigation were previously addressed in the FEIS.
        Four letters were received from private citizens and citizen 
    groups, and focused on issues related to the Navy's compliance with 
    Article 4(C) of the Puerto Rico Public Policy Act (Act No. 9) and the 
    Navy's adherence to direction provided by the Puerto Rico Environmental 
    Quality Board (EQB) based on its review of the Navy's NEPA 
    documentation. Article 4(C) of Act No. 9 and implementing regulations 
    establish the environmental review requirements that Commonwealth 
    government entities must follow when proposing a project or granting 
    necessary approvals before a project may proceed. The Commonwealth 
    process is comparable to that required of Federal government entities 
    under NEPA.
        The Navy voluntarily complied with Article 9 and solicited EQB 
    review and comment on the project's NEPA documentation for two 
    purposes. First, under NEPA, the Navy must solicit comments from 
    appropriate State and local agencies that are authorized to develop and 
    enforce environmental standards. Second, as recognized in the Navy's 
    NEPA documentation, Commonwealth permits and other regulatory approvals 
    will be required for the project. When issuing these permits and 
    approvals, Commonwealth government entities must comply with Act No. 9 
    requirements. EQB regulations allow a Commonwealth government entity to 
    comply with Act No. 9 by ``adopting'' a Federal EIS prepared for a 
    project. In an effort to ensure that the adoption process could be 
    utilized, the Navy has coordinated with EQB from the early stages of 
    the EIS development to guarantee that the procedural requirements of 
    Act No. 9 were followed.
        EQB issued a resolution on September 16, 1997. The resolution 
    offered EQB's comments on the project SDEIS and certified that the 
    SDEIS complied with all requirements of Article 4(C) of Act No. 9. 
    Motions for Reconsideration of this resolution were considered by the 
    EQB, and on December 16, 1997 the Board determined that the Motions 
    were ``without cause'' and reaffirmed its decision that the 
    environmental document submitted by the Navy was in conformance with 
    Article 4(C) of Act No. 9.
        The four letters received from private citizens and citizen groups 
    expressed concerns that the Navy prematurely issued the FEIS prior to 
    completion of the administrative appeals process under Act. No. 9. 
    Under NEPA, the Navy may publish a notice of availability of an FEIS 
    once it receives and analyzes comments on a draft document and 
    addresses in the FEIS those comments that are relevant. The FEIS 
    prepared by the Navy addressed comments made by the public and agencies 
    during the public participation process. For Act No. 9 compliance, EQB 
    regulations require that an FEIS for a proposed project be made 
    available for public review and that notice of the availability be 
    published. This notice may be published upon receipt of EQB comments on 
    the environmental documentation.
        As noted above, the EQB resolution offering their comments was 
    issued on September 16, 1997. Distribution of the FEIS to the public 
    began on September 19, 1997; and the Notice of Availability of the FEIS 
    was published in local newspapers on September 27, 1997. There is no 
    Commonwealth statutory or regulatory requirement to delay issuance of 
    the FEIS until completion of the administrative appeals process.
        Accordingly, with respect to publication of the notice of 
    availability of the FEIS, the Navy has complied with both NEPA and Act 
    No. 9 requirements.
        The letters also expressed concern that the Navy did not properly 
    discuss the findings of EQB's consultant, Dr. Arthur Guy. The Navy did 
    include in the FEIS a summary of Dr. Guy's recommendations (p. 10-77). 
    Although Dr. Guy's calculations for Radio Frequency Radiation (RFR) 
    levels exceed the ANSI/IEEE standards for some scenarios, he 
    acknowledges in the report that the calculations are conservative and 
    that the projections do not account for attenuation resulting from a 
    variety of factors. Dr. Guy also acknowledges in the report that his 
    theoretical analysis represents a worst case scenario. The Navy's 
    analysis of anticipated field strength values indicates that the ANSI/
    IEEE standards will be met at the proposed fence location. Dr. Guy 
    states that it will be necessary to conduct actual field measurements 
    to determine if the facility is in compliance with ANSI/IEEE. As stated 
    previously, in the unlikely event that the initial measurements 
    indicate that the ANSI/IEEE standards are not being met, the Navy will 
    adjust the fence location, as needed. If measurements taken at the 
    southernmost portion of the proposed fence exceed the standards, the 
    Navy will reduce power levels to achieve compliance. The Navy will 
    reduce the power versus move the fence because of a Navy commitment to 
    avoid any construction in the conservation zone, which lies to the 
    south of the site. In the event the Navy must reduce the power level, 
    the ROTHR will still be able to effectively accomplish its mission.
        Finally, commenters questioned whether EPA's concerns about 
    wetlands and impacts on the Playa Grande Conservation Zone in Vieques 
    had been resolved. As previously indicated, the
    
    [[Page 7771]]
    
    EPA has concluded that the project will not cause any significant 
    adverse environmental impacts.
        The remaining issues identified in the comment letters dealing with 
    the effectiveness of the system, use of ANSI/IEEE standards, compliance 
    with the 1983 MOU, impacts to the mahogany trees, environmental justice 
    and the potential for cumulative impacts have been previously addressed 
    in the FEIS and require no further discussion.
    
    Conclusion
    
        Existing ROTHR systems in Virginia and Texas have already 
    demonstrated the ability to reliably detect, track, and aid in the 
    interception of light civil aircraft of the type used by drug 
    traffickers. However, the Virginia and Texas ROTHR systems and other 
    surveillance methods provide incomplete coverage of the South American 
    source countries, resulting in gaps that are exploited by drug 
    traffickers. Early detection and tracking provided by the Puerto Rico 
    ROTHR will improve reaction time of counter-narcotic forces, increasing 
    their efficiency and effectiveness.
        Although the no action alternative would result in no environmental 
    impacts, the minimal impacts associated with construction at the 
    selected locations, as well as the benefits which will result from the 
    ROTHR, make the selected alternative the environmentally preferred 
    alternative.
        Questions regarding the Environmental Impact Statement prepared for 
    this action may be directed to: Commander, Atlantic Division Naval 
    Facilities Engineering Command, 1510 Gilbert Street, Norfolk, VA 23511-
    2699 (Attention: Ms. Linda Blount, Code 2032LB), telephone (757) 322-
    4892, E-mail blountld@efdlant.navfac.navy.mil or fax (757) 322-4894.
    
        Dated: February 11, 1998.
    Duncan Holaday,
    Deputy Assistant Secretary of the Navy (Installations and Facilities).
        Dated: February 11, 1998.
    Lou Rae Langevin,
    Lt, JAGC, USN, Alternate Federal Register Liaison Officer.
    [FR Doc. 98-3903 Filed 2-13-98; 8:45 am]
    BILLING CODE 3810-FF-P
    
    
    

Document Information

Published:
02/17/1998
Department:
Navy Department
Entry Type:
Notice
Action:
Notice of record of decision.
Document Number:
98-3903
Pages:
7764-7771 (8 pages)
PDF File:
98-3903.pdf