[Federal Register Volume 78, Number 193 (Friday, October 4, 2013)]
[Notices]
[Pages 61843-61844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24234]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Intent To Prepare an Environmental Impact Statement:
Department of the Army Permit Application Pursuant to the Clean Water
Act and Rivers and Harbors Act and Permissions Under the Coastal
Protection and Restoration Authority of Louisiana for the Mid-Barataria
Sediment Diversion, Plaquemines Parish, LA
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of Intent.
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SUMMARY: The U.S. Army Corps of Engineers (USACE) intends to prepare an
Environmental Impact Statement (EIS) to inform a decision relative to
the request for a Department of the Army (DA) permit pursuant to
Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers
and Harbors Act, and permissions under 33 U.S.C. Section 408, to the
Coastal Protection and Restoration Authority (CPRA) for their proposed
action on the Mid-Barataria Sediment Diversion (MBSD). The EIS will be
used to ensure compliance with the National Environmental Policy Act
(NEPA) and as a basis for both the permit decision and the Section 408
permissions.
The DA permit and the 408 permissions are two separate processes
with different authorities analyzed by different mission areas
(including Regulatory and Civil Works) inside the USACE. Under Section
404 of the CWA and Section 10 of the Rivers and Harbors Act, the
District Engineer permits the discharge of dredged or fill material
into waters of the United States as well as work, to include the
installation and maintenance of structures, in navigable waters of the
U.S., if the discharge meets the requirements of the Environmental
Protection Agency's 404(b)(1) guidelines, and the proposal is
determined to not be contrary to the overall public interest. Under 33
U.S.C. 408, the Chief of Engineers grants permission to alter, modify,
or impair an existing USACE project if it is not injurious to the
public interest and does not impair the usefulness of such work. The
project involves structural crossings of the Federal Mississippi River
and Tributaries (MR&T) Levee and the future New Orleans to Venice (NOV)
Hurricane Protection Levee and could impact the Mississippi River
Navigation Channel, Davis Pond Freshwater Diversion as well as other
Federal projects. USACE Regulatory and Civil Works will coordinate on
all aspects of the production of the EIS.
ADDRESSES: Written comments and suggestions should be addressed to Mr.
Nathan Dayan at USACE, CEMVN-PDN-CEP, P.O. Box 60267, New Orleans, LA
70118-0267, by phone (504) 862-2530, or by email at [email protected]. Request to be placed on the mailing list
should be mailed to this address.
FOR FURTHER INFORMATION CONTACT: Questions on the DA permit should be
directed to: Mr. Robert Tewis by phone (504) 862-2041 or at the email
above. Questions on the 408 permissions should be directed to: Mr.
Nathan Dayan (see ADDRESSES) or at the email above.
SUPPLEMENTARY INFORMATION:
1. Authority: Section 14 of the Rivers and Harbors Act of 1899 (33
U.S.C. 408); Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C
403); Section 404 of the Clean Water Act (33 U.S.C. 1344); and, Section
102 of the National Environmental Policy Act (42 U.S.C. 4332).
2. Proposed Action. The USACE will prepare an EIS to analyze the
impacts of diverting sediment-laden Mississippi River water into the
Mid-Barataria Basin by CPRA. This permit request is proposed to re-
establish a connection between the Mississippi River and the Basin to
build, sustain, and maintain land. CPRA is proposing to construct the
diversion intake through the levee on the west side of the Mississippi
River at approximately river mile 60.7, in Plaquemines Parish, LA, and
the diversion outfall through the future NOV Hurricane Protection Levee
into the Mid-Barataria Basin to allow sediment laden water from the
Mississippi River to flow into the Barataria Basin.
3. Alternatives. The EIS will address an array of alternatives to
re-establish a connection between the Mississippi River and the Basin.
Some alternatives will be brought forward from existing studies and
projects including the Coastal Wetlands Planning, Protection and
Restoration Act (CWPPRA) Program, Louisiana Coastal Area (LCA)
Ecosystem Restoration Study, LCA Medium Diversion at Myrtle Grove
(MDMG) with Dedicated Dredging Feasibility Study, the State/Non-
governmental Organization (NGO) Myrtle Grove Delta Building Diversion
Modeling Effort in Support of LCA Medium Diversion at Myrtle Grove with
Dedicated Dredging, the 2012 Louisiana Coastal Master Plan, and
alternatives developed through the NEPA scoping process.
4. Scoping. Scoping is the process utilized for determining the
range of alternatives and significant issues to be addressed in the
EIS. The USACE invites full public participation to promote open
communication on the issues surrounding the proposed action. All
individuals, organizations, NGOs, and local, state, and Federal
agencies that have an interest are urged to participate in the NEPA
scoping process. Public scoping meeting(s) will be held to present
information to the public and to receive comments from the public.
Public scoping meetings for both processes will be conducted jointly.
The dates, times and locations of the scoping meetings will be
determined in conjunction with CPRA at a later date and announced
through local media channels as well as Regulatory public notice Web
site--http://www.mvn.usace.army.mil/Missions/Regulatory/PublicNotices.aspx.
5. Significant issues. The EIS will analyze the potential social,
economic, and natural environmental impacts resulting from the proposed
project. Important resources and issues that will be evaluated in the
EIS could include but would not be limited to effects on tidal wetlands
and other waters of the U.S.; aquatic resources; commercial and
recreational fisheries; wildlife resources; essential fish habitat;
water quality; cultural resources; geology and soils including
agricultural and prime/unique
[[Page 61844]]
farmland; hydrology and hydraulic; air quality; threatened and
endangered species and critical habitat. Socioeconomic issues include
navigation; induced flooding; land use; property values, tax revenues;
population and housing, community and regional growth; environmental
justice (effect on minorities and low income populations), community
cohesion; public services, recreation, transportation and traffic,
utilities and community service systems and cumulative effects of
related projects in the study area.
6. Environmental Consultation and Review. The U.S. Fish and
Wildlife Service (Service) will assist in documenting existing
conditions and assessing effects of project alternatives through the
Fish and Wildlife Coordination Act consultation procedures.
Consultation will be accomplished with the USFWS and the National
Marine Fisheries Service (NMFS) concerning threatened and endangered
species and their critical habitat per the Endangered Species Act. The
NMFS will be consulted regarding the effects of this proposed action on
Essential Fish Habitat per the Magnuson-Stevens Act. The USACE will
consult with the State Historic Preservation Officer per the National
Historic Preservation Act.
7. Availability. The draft EIS is estimated to be available for
public review and comment no sooner than the spring of 2015. At that
time a 45-day public review period will be provided for individuals and
agencies to review and comment on the DEIS. All interested parties are
encouraged to respond to this notice and provide a current address if
they wish to be notified of the DEIS circulation.
Dated: September 26, 2013.
Richard L. Hansen,
Colonel, U.S. Army District Commander.
[FR Doc. 2013-24234 Filed 10-3-13; 8:45 am]
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