[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]
BILLING CODE 3710-06-M