[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Notices]
[Pages 15121-15123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5906]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Intent To Prepare a Draft Supplemental Environmental Impact 
Statement (DSEIS) on the Mississippi River--Gulf Outlet, New Lock and 
Connecting Channels, 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 (Corps), New Orleans District 
intends to prepare a Draft Supplemental Environmental Impact Statement 
(DSEIS) to evaluate potential impacts of the construction of a 
replacement lock in the Industrial Canal located in New Orleans, LA. 
The original EIS, Main Report and Final Environmental Impact Statement 
for the Mississippi River--Gulf Outlet, New Lock and Connecting 
Channels, Louisiana (Evaluation Report and EIS) issued in March 1998 
focused on the potential impacts of construction of a new lock, 
including impacts to the local community and supporting infrastructure.

[[Page 15122]]

    After evaluating the March 1998 EIS, the Corps issued a Record of 
Decision (ROD) on December 18, 1998 selecting the location and 
construction method of the replacement lock and several additional 
project components to improve the surrounding project area. The Corps 
decision was challenged in United States District Court and the Court's 
Order on Motions for Summary Judgment was issued on October 3, 2006 as 
part of Case No. 2:03-cv-00370-EEF-KWR, United States District Court 
Eastern District of Louisiana. The Courts' decision enjoined the Corps 
from continuing with the project until additional compliance with the 
National Environmental Policy Act (NEPA) is completed. Accordingly, the 
Corps is preparing a SEIS.

DATES: The Corps plans to hold a public scoping meeting on April 4, 
2007, at 6 p.m. CST.

ADDRESSES: The meeting will be held at Holy Cross School, 4950 Dauphine 
Street, New Orleans, LA 70117.

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 
and DSEIS can be answered by: Mr. Royce Kemp, U.S. Army Corps of 
Engineers, Environmental Planning and Compliance Branch, P.O. Box 
60267, New Orleans, LA 70160-0267, by e-mail at 
[email protected], or by telephone at (504) 862-2675.

SUPPLEMENTARY INFORMATION:
    1. Project Background and Authorization. The Inner Harbor 
Navigation Canal (IHNC) connects the Mississippi River, the Gulf 
Intracoastal Waterway (GIWW), the Mississippi River--Gulf Outlet (MR-
GO), the Industrial Canal (also known as the Inner Harbor Navigation 
Canal), and Lake Pontchartrain. The existing lock, located between the 
St. Claude and Claiborne Avenue Bridges, was commissioned in 1923 to 
allow vessel traffic from the Mississippi River to Lake Pontchartrain 
and permit industrial development away from the river. During World War 
II, the GIWW was rerouted through the IHNC. Since the 1960s when a 
connection was made with the MR-GO, barge and ship traffic has greatly 
increased and the existing lock can no longer accommodate navigational 
needs efficiently through the IHNC. Because it was anticipated barge 
and ship traffic would increase, the lock replacement project was 
authorized in Chapter 112 of the River and Harbors and Flood Control 
Act of 1956 for the construction of a new lock when the existing lock 
was determined to become obsolete.
    In March of 1998, the Corps issued a Final EIS analyzing several 
alternatives and recommending construction of a new lock north of the 
Claiborne Bridge, replacement of the St. Claude Avenue Bridge, 
modification of the Claiborne Bridge, extension of the Mississippi 
River flood protection levees and floodwalls, a socio-economic 
mitigation plan, and a fish and wildlife mitigation plan. This DSEIS 
will update and supplement the 1998 Final EIS to determine if any 
significant changes are necessary to the project and to ensure 
sufficient environmental analysis of project impacts.
    2. Proposed Action. The purpose of the proposed lock construction 
is to provide more efficient navigational traffic through the IHNC by 
constructing a new, larger lock. The need for this project arises from 
the long delays in passage through the IHNC occurring from increased 
traffic and the small size of the current lock which can not 
accommodate the volume of existing and future traffic. The purpose of 
the DSEIS is to better evaluate the analysis and handling of dredged 
material generated during the construction phase, the engineering 
design of confined disposal areas, and several aspects of the project 
which may have changed since the original EIS in 1998, to include any 
significant new circumstances relevant to environmental concerns that 
have arisen since Hurricane Katrina.
    3. Alternatives. An evaluation of alternatives, including a ``No 
Action'' alternative will be done. In this DSEIS, the ``No Action'' 
alternative will be the course of action as decided upon in the 1998 
ROD and as further described in the 1998 EIS. Other alternatives will 
be determined through scoping, but are expected to include methods of 
dredging, dredged material handling and disposal alternatives, and 
construction of the lock by the cast-in-place method versus a float-in 
construction method.
    4. Scoping. The Council on Environmental Quality regulations at 40 
CFR Sec.  1501.7 require an early and open process for determining the 
scope of an EIS and for identifying significant issues related to the 
proposed action. The public will be involved in the scoping and 
evaluation process through advertisements, notices, and other means. At 
a minimum, all parties who have expressed interest in the IHNC will be 
given the opportunity to participate in this process. Federal, State 
and local agencies, and other interested groups will also be involved. 
Meetings to address discrete issues or parts or functions of the 
project area may be called. All parties are invited to participate in 
the scoping process by identifying any additional concerns on issues, 
studies needed, alternatives, procedures, and other matters related to 
the scope of the SEIS.
    a. A public scoping meeting is scheduled for (see DATES). The Corps 
will provide additional notification of the meeting time and location 
through newspaper advertisements and other means. Following a short 
presentation on the planned SEIS, verbal and written comments on the 
scope of the SEIS will be accepted. A transcript of verbal comments 
will be generated to ensure accuracy. To submit comments on the scope 
of the Mississippi River--Gulf Outlet, New Lock and Connecting 
Channels, Louisiana SEIS or to request copies of materials related to 
this effort as they become available to the public, contact: Mr. Royce 
Kemp, U.S. Army Corps of Engineers, Environmental Planning and 
Compliance Branch, P.O. Box 60267, New Orleans, LA 70160-0267, by e-
mail at [email protected], or by telephone at (504) 
862-2675.
    b. Issues. In addition to updating and supplementing the 
information from the 1998 EIS, the following issues have been 
identified for analysis in the SEIS. This list is preliminary and is 
intended to facilitate public comment on the scope of the SEIS. The 
SEIS will consider the scope of contamination of sediments to be 
dredged as a result of this project, reasonable dredging and disposal 
alternatives and associated impacts, socio-economic changes from the 
prior EIS and now since Hurricane Katrina. Furthermore, the Corps will 
ensure that environmental compliance through the NEPA process will be 
maintained with all applicable environmental laws, regulations, and 
executive orders governing associated issues such as Federally listed 
threatened and endangered species, essential fish habitats, health and 
safety, economics, general environmental concerns, wetlands and other 
aquatic resources, historic properties, fish and wildlife values, flood 
hazards, navigation, recreation, water quality, property ownership 
considerations, and, in general, the needs and welfare of the people, 
and other issues identified through scoping, public involvement, and 
interagency coordination. The Corps expects to better define the issues 
of concern and define the methods that will be used to evaluate those 
issues through the scoping process.
    c. Coordination. The proposed action is being coordinated with a 
number of Federal, state, regional, and local agencies including but 
not limited to the

[[Page 15123]]

following: U.S. Fish and Wildlife Service, National Marine Fisheries 
Service, U.S. Environmental Protection Agency, Louisiana Department of 
Environmental Quality, State Historic Preservation Officer, and other 
agencies as identified in scoping, public involvement, and agency 
coordination. The Corps invites Federal agencies, American Indian 
Tribal Nations, state and local governments, and other interested 
private organizations and parties to attend the public scoping meeting 
and to comment on the scope of the planned Mississippi River--Gulf 
Outlet, New Lock and Connecting Channels, Louisiana SEIS.
    d. Other Environmental Review and Consultation. The proposed action 
will involve an evaluation for compliance with all applicable 
guidelines pursuant to section 404(b) of the Clean Water Act. This 
review will involve a detailed evaluation of all practicable 
alternatives to the handling and disposal of the dredged material 
generated from this project.
    e. Agency Role. The Corps will provide extensive information and 
assistance on the resources to be impacted, mitigation measures, and 
alternatives. Although the Corps does not plan to invite any Federal 
agencies to be cooperating agencies, we expect to receive input and 
critical information from the U.S. Environmental Protection Agency, the 
U.S. Fish and Wildlife Service and other Federal, state, and local 
agencies.
    5. Public Scoping Meeting. The Corps plans to hold a public scoping 
(see DATES and ADDRESSES).
    Special Accommodations: This meeting place is physically accessible 
to people with disabilities. Requests for sign language interpretation 
or other auxiliary aids should be directed to Royce Kemp, (504) 862-
2675 (voice) or (504) 862-2088 (fax), at least 5 business days prior to 
the meeting date.
    6. Estimated Date of Availability. It is estimated that the Draft 
SEIS will be available to the public in July 2008. At least one 
additional public meeting will be held at that time, during which the 
public will be provided the opportunity to comment on the Draft SEIS 
before it becomes final.

    Dated: March 19, 2007.
Richard P. Wagenaar,
Colonel, U.S. Army, District Engineer.
[FR Doc. E7-5906 Filed 3-29-07; 8:45 am]
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