[Federal Register: December 22, 2008 (Volume 73, Number 246)]
[Notices]
[Page 78338-78339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de08-61]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Availability of the Final 1999 Programmatic
Environmental Impact Statement for the Dredged Material Management Plan
for the Port of New York and New Jersey
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Updated information on the original Notice of Availability
listing.
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SUMMARY: The responsible lead agency is the U.S. Army Corps of
Engineers--New York District (District). The Dredged Material
Management Plan (DMMP) project area is in the Port of New York/New
Jersey and includes the New York Bight Apex, the Lower Bay Complex
(Lower Bay, Raritian and Sandy Hook Bays), the Upper Bay Complex
(Hudson and East Rivers, Kill Van Kull, and Newark Bay), and the lands
contiguous to these water bodies for a radius of approximately 20
miles. The study area approximates the boundaries of the Port Authority
of New York and New Jersey (PANY/NJ). The Final Programmatic
Environmental Impact Statement (PEIS) that was listed in the October
31, 2008 Federal Register (73 FR 64944) completed the NEPA process,
laying out the goals and generic impacts of the alternatives considered
in preparing the overall DMMP. This finalized PEIS includes Appendix
(D) which lists the comments received during the draft PEIS comment
period. Comments, if warranted, were incorporated into the main text of
the final PEIS as well.
It should be noted that the DMMP outlines a series of goals and an
overall master plan on meeting the dredged material needs of the Port
through 2062. Its alternatives analysis is, as of necessity, generic in
nature, identifying potential concerns, generic impacts and overall
issues to be considered in greater site-specific detail before
implementing any alternative in a given location. As such, it does not
recommend or prioritize any site-specific alternative, but clearly sets
out the process to be followed should any of the alternatives be
implemented. Since no sustentative changes or addition of new
alternatives to the DMMP have been identified that would alter the
discussion or conclusion of generic impacts in the FPEIS, a
supplemental PEIS was not deemed warranted. However, separate 2005 and
2008 DMMP Update reports are available tracking the progress in meeting
the DMMP goals and a copy of
[[Page 78339]]
the latest update is included with the Final PEIS as Appendix A. As
individual site-specific projects are initiated to implement various
DMMP goals individual NEPA and/or permit documents will continue to be
prepared by the implementing agencies.
DATES: The formal comment period for the Final PEIS has been extended
to February 1, 2009. Comments received will be considered by the
District in decision-making for the Final PEIS's Record of Decision.
ADDRESSES: Additional requests for the DMMP and Final PEIS can be made
by post card to the following address: U.S. Army Corps of Engineers,
New York District, Planning Division-Environmental Analysis Branch,
Jacob K. Javits Federal Building, 26 Federal Plaza--Room 2151, New
York, NY 10278-0090.
FOR FURTHER INFORMATION CONTACT: Christopher Ricciardi, Ph.D.,
Environmental Coordinator can be contacted at (917) 790-8630 or by e-
mail at christopher.g.ricciardi@usace.army.mil.
SUPPLEMENTARY INFORMATION: Several authorities exist to conduct
navigation studies and maintain the New York Harbor, these include the
Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401-466n), the
Federal Water Pollution Control Act of 1972 (Clean Water Act-CWA), and
the Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA).
With respect to the preparation of the DMMP, District planning guidance
stated in EC1165-2-200 requires each district to maintain
responsibility for preparation of long-term plans to maintain
navigation projects.
The New York/New Jersey Harbor encompasses approximately two-dozen
separately authorized and maintained Federal navigation channels. These
projects, which range in authorized depth from 8-50 feet, combined with
privately operated berthing areas have historically generated 2-4
million cubic yards of dredged material annually from maintenance of
required depths. Further, several of these channels are either under
construction or in the planning phase for deepening in the upcoming
years to accommodate larger vessels that will need to use the Port. The
construction of these deeper channels will generate substantial amounts
of dredged material. The 2008 DMMP Update seeks to identify options to
manage the material generated from both the Federal and non-Federal
maintenance and deepening of the Port through the year 2065.
The District held scoping meetings with the public on this plan
during February and April 1997. A Notice of Intent (NOI) to produce a
PEIS including an outline of the scope was published in the Federal
Register on February 24, 1998. Subsequently, meetings on the topics to
be covered in the Draft PEIS were held during April 1998. Written
comments were considered in the promulgation of the Draft PEIS.
After distribution of the Draft PEIS to the public during September
1999, four public meetings on the document were held during November
1999. Written comments and taped verbal statements gathered at these
meetings, letters and e-mails received during the comment period were
considered in the promulgation of the Final PEIS.
The DMMP also considered the Harbor Estuary Program (HEP) and its
Comprehensive Conservation and Management Plan (CCMP) that was signed
by the agencies with responsibilities for the Port and its environment.
Further, for the last several years the New York/New Jersey Regional
Dredging Team (RDT), comprised of representatives from the District,
PANY/NJ, the States of NY and NJ, and the USEPA, has been meeting
monthly to discuss current and future needs and disposal/management
options. The RDT will continue to coordinate in order to keep abreast
of current and developing placement opportunities and technologies as
the DMMP is implemented.
The 2008 DMMP Update and Final 1999 PEIS are available on CD in PDF
format and are downloadable through the District's Web page: http://
www.nan.usace.army.mil/business/prjlinks/dmmp/index.htm.
Printed copies of the DMMP and Final PEIS are also available upon
request.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. E8-30368 Filed 12-19-08; 8:45 am]
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