[Federal Register Volume 72, Number 91 (Friday, May 11, 2007)]
[Notices]
[Pages 26800-26801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2338]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Availability of a Tiered Final Environmental Impact Statement 
Containing a Draft Air Quality General Conformity Determination for the 
Proposed Construction of a Dredged Material Containment Facility in the 
Patapsco River, at Masonville, Baltimore City, MD

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD.

ACTION: Notice of availability.

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SUMMARY: In accordance with requirements of the National Environmental 
Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore 
District, has prepared a Final Environmental Impact Statement (FEIS) 
for the proposed construction of a dredged material containment 
facility (DMCF) by the Maryland Port Administration (MPA). This FEIS 
was prepared as part of the submission of MPA's application for a 
Department of the Army permit to construct the facility in the Patapsco 
River, Baltimore City, MD. This application will be evaluated pursuant 
to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of 
the Clean Water Act.
    The preferred alternative is for the construction of a stone, sand, 
and cofferdam structure that would impact approximately 131 acres of 
waters of the United States, including jurisdictional wetlands. The 
structure would be initially constructed to 10 feet above the mean 
lower low water (MLLW) elevation, with a future temporary elevation to 
42 feet above MLLW, and an ultimate elevation of 36 feet above MLLW. 
The project would also include mechanical dredging of approximately 1.5 
million cubic yards of overburden material within the footprint of the 
proposed disposal site, and the placement of this material at the Hart 
Miller Island disposal site, Baltimore County, MD. On-site (Masonville 
borrow) and offsite borrow material (Seagirt borrow material and upland 
borrow) would be used for the construction of the containment facility. 
The Seagirt borrow material would come from the Seagirt Marine Terminal 
Access Channel deepening and widening project. The Draft EIS was 
advertised in the Federal Register on May 19, 2006 (71 FR 29128). A 
supplement to the Draft EIS was advertised in the Federal Register on 
June 30, 2006 (71 FR 37545). The need to prepare a Supplement was due 
to the applicant's proposal to change the source of borrow material for 
the proposed construction of the preferred alternative to include the 
use of suitable material dredged from the Seagirt Marine Terminal 
Access Channels. The FEIS evaluates the construction of a DMCF with a 
footprint of 141 acres, which includes 131 acres of tidal open water 
and wetlands. The DMCF would be constructed to an initial height of 10 
feet above MLLW and then raised to a height of 42 feet above MLLW 
before being graded to a final height of 36 feet MLLW, which would be 
the same height as the adjacent land. A detailed description of the 
proposed project and effects to the human environment are discussed in 
the FEIS for the Masonville DMCF. The FEIS outlines measures the 
applicant may implement to address impacts to air quality resulting 
from activities described in the permit application.

ADDRESSES: Please send written comments to the U.S. Army Corps of 
Engineers, Baltimore District, Attn: Mr. Jon Romeo, CENAB-OP-RMN, P.O. 
Box 1715, Baltimore, MD 21203-1715. You may submit electronic comments 
to

[[Page 26801]]

[email protected]. Your comments must be contained in the body 
of your message; please do not send attached filed. Please include your 
name and address in your message.

FOR FURTHER INFORMATION PLEASE CONTACT: Mr. Jon Romeo, (410) 962-6079.

SUPPLEMENTARY INFORMATION: The FEIS integrates analyses and 
consultation required by the National Environmental Policy Act (NEPA), 
Section 10 of the Rivers and Harbors Act of 1899, Section 401 and 
Section 404 of the Clean Water Act, Section 7 of the Endangered Species 
Act, the Clean Air Act, the U.S. Fish and Wildlife Coordination Act, 
Section 106 of the National Historic Preservation Act, and the 
Magnuson-Stevens Fishery Conservation and Management Act. All 
appropriate documentation (i.e., Section 7 and Section 106 coordination 
letters and public and agency comments) have been obtained and are 
included as part of the FEIS. In compliance with the Clean Air Act, a 
Draft Air Quality General Conformity Determination has been completed 
and is available in the FEIS for public comment. The USACE has 
preliminarily determined that the General Conformity Analysis prepared 
for the proposed Masonville Dredged Material Containment Facility 
(DMCF) dated November 17, 2006, with the compensation proposed, 
conforms to the General Conformity requirements of the Clean Air Act. A 
final determination will be made no sooner than thirty (30) days from 
the date of this notice. the decision on whether or not to issue a 
Department of the Army permit for this project will be based on an 
evaluation of the probable impact, including cumulative impacts, of the 
proposed activity on the public interest. That decision will reflect 
the national concern for both protection and utilization of important 
resources. The benefit, which may reasonably be expected to accrue from 
the proposal, will be balanced against it reasonably foreseeable 
detriments. All factors that may be relevant to the proposal are 
considered as part of the evaluation process. Factors relevant to the 
proposed project include: Conservation, economics, aesthetics, general 
environmental concerns, wetlands, cultural values, fish and wildlife 
values, flood hazards, floodplain values, land use, navigation, 
shoreline erosion and accretion, recreation, water supply and 
conservation, water and air quality, hazardous, toxic, and radioactive 
substances, threatened and endangered species, regional geology energy 
needs, food and fiber production, safety, environmental justice, 
cumulative impacts and the general needs and welfare of the public.

Vance G. Hobbs,
Chief, Maryland Section Northern.
[FR Doc. 07-2338 Filed 5-10-07; 8:45 am]
BILLING CODE 3710-41-M