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

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 [email protected] 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]

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