[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12854-12855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5123]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Notice of Intent To Prepare a Draft Environmental Impact 
Statement (EIS) for a Permit Application for the Proposed Timber Branch 
Subdivision Phase II, Near Covington, St. Tammany 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, New Orleans District, is 
initiating the preparation of an Environmental Impact Statement under 
the National Environmental Policy Act in compliance with a judicial 
order. The Environmental Impact Statement is for a Department of the 
Army permit issued under Section 404 of the Clean Water Act to install 
the infrastructure necessary to implement an approximately 82-acre 
residential development to provide single and multi-family residential 
lots in the vicinity of LA Hwy 1085 and Bricker Road, near Covington, 
Louisiana, some of the property containing regulated wetlands. The 
permit was subsequently enjoined by the United States District Court, 
Eastern District of Louisiana. Information obtained from preparation of 
this EIS will be utilized in the re-evaluation of the enjoined permit 
decision.

FOR FURTHER INFORMATION CONTACT: Questions concerning the Environmental 
Impact Statement (EIS) should be addressed to Mr. Brian Breaux at U.S. 
Army Corps of Engineers, OD-S, P.O. Box 60267, New Orleans, LA 70160-
0267, phone (504) 862-1938, fax number (504) 862-2117 or by E-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:
    1. Proposed Action. The proposed action would include land-
clearing, excavation, and deposition of fill material for site 
preparation and construction of drainage, utility and roadway 
infrastructure. Single-family and multi-family residential lots would 
then be offered for public sale. The approximately 82-acre project site 
grades through ridge and swale hardwood, mixed pine-hardwood/hardwood 
flats, pine flatwood, and pine savannah community types. Of the 82-acre 
development, 38.9 acres of pine flatwood/pine savannah wetlands would 
be directly affected by development.

[[Page 12855]]

    2. Alternatives. Reasonable alternatives to consider include the 
avoidance and minimization of impacts and the ``no action'' 
alternative.
    3. Scoping. Scoping is the process for determining the range of 
alternatives and issues to be addressed in the EIS. For this analysis, 
a public notice will be posted on the New Orleans District Web site, 
http://www.mvn.usace.army.mil/ops/regulatory/publicnotices.asp, 
requesting input on alternatives and issues to be evaluated. The public 
notice will also notify interested parties of any public scoping 
meetings that will be held in the local area. Notices will also be sent 
to local news media. All interested parties are invited to comment at 
this time.
    4. Significant Issues. An Environmental Assessment and Finding of 
No Significant Impact were completed on the subject proposal and a 
Section 404 permit issued. The permit decision was subsequently 
challenged through litigation, O'Reilly, et al. v. U.S. Army Corps of 
Engineers, U.S.D.C., E.D. of La., CA 04 0940. The decision of the court 
enjoined the permit and required preparation of an EIS. Specific issues 
identified in the decision include wildlife resources, substrate, 
wetlands, aquatic resources, mitigation, segmenting of project phases, 
and cumulative effects.
    5. Environmental Consultation and Review. Federal, State and local 
agencies will be consulted. The U.S. Fish and Wildlife Service (USFWS) 
will be consulted to assist in the documentation of existing conditions 
and assessment of effects of project alternatives through 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. The NMFS will be consulted on the effects of this proposed 
action on Essential Fish Habitat. The draft EIS (DEIS) or a notice of 
its availability will be distributed to all interested agencies, 
organizations, and individuals.
    6. Estimated Date of Availability. The DEIS is expected to be 
available not earlier than the spring of 2006.

    Dated: March 4, 2005.
Stephen E. Jeselink,
Lieutenant Colonel, U.S. Army, Deputy District Engineer.
[FR Doc. 05-5123 Filed 3-15-05; 8:45 am]
BILLING CODE 3710-02-P