[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Notices]
[Pages 38394-38395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19023]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Intent To Prepare a Draft Environmental Impact Statement (DEIS)
To Evaluate a Permit Application by The Port Authority of New York and
New Jersey To Construct and Operate a Confined Dredged Material
Disposal Facility (Sub-Channel Disposal Cells) in Newark Bay, NJ
AGENCY: U.S. Corps of Engineers, DoD.
ACTION: Notice of Intent.
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SUMMARY: The Port Authority of New York and New Jersey has submitted an
application for a Department of the Army (DA) permit to construct and
operate a confined dredged material disposal facility by constructing
disposal cells beneath the existing Federal Navigation Channel (Project
No. 64) in Newark Bay. The creation of a facility for the disposal of
dredged material by dredging and discharging of dredged material into
waters of the United States requires a Department of the Army Permit
pursuant to Section 10 of the Rivers and Harbors Appropriation Act of
1899 (33 U.S.C. 403), Section 404 of the Clean Water Act (33 U.S.C.
1344), and Section 103 of the Marine Protection, Research and
Sanctuaries Act (33 U.S.C. 1413). An Environmental Impact Statement
(EIS) will assist the U.S. Army Corps of Engineers (USACE) in
determining whether to issue a permit for the project under these
authorities. This determination will take place in accordance with the
USACE policies and procedures for implementing the National
Environmental Policy Act (NEPA) (42 U.S.C. 4332), as set forth at Title
33 of the Code of Federal Regulations (CFR) Part 230, and for review of
applications for DA permits, set forth at 33 CFR Part 325. This notice
of intent is published as required by the President's Council on
Environmental Quality regulations implementing NEPA, set forth at 40
CFR parts 1500-1508.
[[Page 38395]]
FOR FURTHER INFORMATION CONTACT:
Mr. Joseph J. Seebode, Chief, Regulatory Branch, New York District
Corps of Engineers, 26 Federal Plaza, Room 1937, New York, New York
10278-0090, Telephone (212) 264-3996.
SUPPLEMENTARY INFORMATION:
1. Project Description
The project proposed by the applicant, the Port Authority of New
York and New Jersey, would provide a subaqueous site for confined
disposal of material dredged from the Port of New York and New Jersey.
The proposed work would include dredging sediment from areas ranging
form approximately 10 to 30 acres within the footprint of the existing
Federal Navigation Channel in Newark Bay, for the purpose of
constructing sub-channel disposal cells. Cell sizes and capacities
would vary depending upon their exact locations. The maximum proposed
cell depth would be approximately 90 feet below mean low water (MLW),
or to bedrock, if bedrock is encountered at a shallower depth. Cell
capacities would be approximately 75% of the volume of dredged
sediment, based upon an anticipated 1.2 ``bulking factor''. Cells would
be constructed on an as needed basis, but only one (1) cell would be
operational at any time. Up to 20 cells are proposed for construction
with a total capacity of approximately 10,000,000 cubic yards.
Accumulated surface and near-surface sediment dredged during
construction, which has been exposed to contemporary or historic
sources of contamination, would be disposed of at the Newark Bay
Confined Disposal Facility or in a previously constructed cell.
Underlying sediment would be utilized for some type of beneficial use,
such as remediation material at the Historic Area Restoration Site
(HARS) off Sandy Hook, New Jersey, construction material for
restoration or remediation projects, or in wetland creation/enhancement
projects in the New York-New Jersey region.
The proposed cells would be filled to 2.5 feet below the authorized
channel depth, through restricted point source discharges of dredged
materials from the Port of New York and New Jersey. Natural
sedimentation would return the site to the authorized channel depth.
2. Alternatives
Decision options available to the District Engineer are issue the
permit, issue the permit with modifications or conditions, or deny the
permit. In addition to the no action alternative, the alternatives to
be considered within the EIS will include the following:
a. Alternative sites and site configurations for subaqueous
disposal of dredged material.
b. Alternative methods of dredged material disposal:
(1) Containment Islands and Areas (land extension).
(2) Upland Disposal.
(3) Wetland Creation.
(4) Incineration and other decontamination technologies.
(5) Disposal at independent contractor's option.
3. EIS Scoping
As part of the EIS scoping process, comments on the proposed scope
of the EIS will be accepted until the expiration of 45 calendar days
after the publication of this Notice of Intent in the Federal Register.
All comments should be addressed to the indicated contact person. In
addition to receiving written comments, the USACE will receive oral
comments during a public scoping meeting to be scheduled during the
latter part of the scoping period. Formal notice of this meeting will
be made through mailings and/or legal notices in newspapers.
4. Public Participation in the EIS Process
Creation of the EIS process will provide opportunities for full
participation by interested state and local agencies, as well as other
interested organizations and the general public. These opportunities
will include public meetings and information sessions. All interested
parties are encouraged to submit their names and addresses to the
contact person indicated above for inclusion on the EIS distribution
list and any related public notices.
5. Federal Agency Participation in the EIS Process
Full opportunity for federal agency participation will be provided.
Federal agencies with an interest in this EIS effort are invited to
participate as cooperating agencies pursuant to 40 CFR 1501.6.
Interested federal agencies are requested to indicate their desire to
participate to the contact person.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 98-19023 Filed 7-15-98; 8:45 am]
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