[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78338-78339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30368]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Notice of Availability of the Final 1999 Programmatic 
Environmental Impact Statement for the Dredged Material Management Plan 
for the Port of New York and New Jersey

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

ACTION: Updated information on the original Notice of Availability 
listing.

-----------------------------------------------------------------------

SUMMARY: The responsible lead agency is the U.S. Army Corps of 
Engineers--New York District (District). The Dredged Material 
Management Plan (DMMP) project area is in the Port of New York/New 
Jersey and includes the New York Bight Apex, the Lower Bay Complex 
(Lower Bay, Raritian and Sandy Hook Bays), the Upper Bay Complex 
(Hudson and East Rivers, Kill Van Kull, and Newark Bay), and the lands 
contiguous to these water bodies for a radius of approximately 20 
miles. The study area approximates the boundaries of the Port Authority 
of New York and New Jersey (PANY/NJ). The Final Programmatic 
Environmental Impact Statement (PEIS) that was listed in the October 
31, 2008 Federal Register (73 FR 64944) completed the NEPA process, 
laying out the goals and generic impacts of the alternatives considered 
in preparing the overall DMMP. This finalized PEIS includes Appendix 
(D) which lists the comments received during the draft PEIS comment 
period. Comments, if warranted, were incorporated into the main text of 
the final PEIS as well.
    It should be noted that the DMMP outlines a series of goals and an 
overall master plan on meeting the dredged material needs of the Port 
through 2062. Its alternatives analysis is, as of necessity, generic in 
nature, identifying potential concerns, generic impacts and overall 
issues to be considered in greater site-specific detail before 
implementing any alternative in a given location. As such, it does not 
recommend or prioritize any site-specific alternative, but clearly sets 
out the process to be followed should any of the alternatives be 
implemented. Since no sustentative changes or addition of new 
alternatives to the DMMP have been identified that would alter the 
discussion or conclusion of generic impacts in the FPEIS, a 
supplemental PEIS was not deemed warranted. However, separate 2005 and 
2008 DMMP Update reports are available tracking the progress in meeting 
the DMMP goals and a copy of

[[Page 78339]]

the latest update is included with the Final PEIS as Appendix A. As 
individual site-specific projects are initiated to implement various 
DMMP goals individual NEPA and/or permit documents will continue to be 
prepared by the implementing agencies.

DATES: The formal comment period for the Final PEIS has been extended 
to February 1, 2009. Comments received will be considered by the 
District in decision-making for the Final PEIS's Record of Decision.

ADDRESSES: Additional requests for the DMMP and Final PEIS can be made 
by post card to the following address: U.S. Army Corps of Engineers, 
New York District, Planning Division-Environmental Analysis Branch, 
Jacob K. Javits Federal Building, 26 Federal Plaza--Room 2151, New 
York, NY 10278-0090.

FOR FURTHER INFORMATION CONTACT: Christopher Ricciardi, Ph.D., 
Environmental Coordinator can be contacted at (917) 790-8630 or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Several authorities exist to conduct 
navigation studies and maintain the New York Harbor, these include the 
Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401-466n), the 
Federal Water Pollution Control Act of 1972 (Clean Water Act-CWA), and 
the Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA). 
With respect to the preparation of the DMMP, District planning guidance 
stated in EC1165-2-200 requires each district to maintain 
responsibility for preparation of long-term plans to maintain 
navigation projects.
    The New York/New Jersey Harbor encompasses approximately two-dozen 
separately authorized and maintained Federal navigation channels. These 
projects, which range in authorized depth from 8-50 feet, combined with 
privately operated berthing areas have historically generated 2-4 
million cubic yards of dredged material annually from maintenance of 
required depths. Further, several of these channels are either under 
construction or in the planning phase for deepening in the upcoming 
years to accommodate larger vessels that will need to use the Port. The 
construction of these deeper channels will generate substantial amounts 
of dredged material. The 2008 DMMP Update seeks to identify options to 
manage the material generated from both the Federal and non-Federal 
maintenance and deepening of the Port through the year 2065.
    The District held scoping meetings with the public on this plan 
during February and April 1997. A Notice of Intent (NOI) to produce a 
PEIS including an outline of the scope was published in the Federal 
Register on February 24, 1998. Subsequently, meetings on the topics to 
be covered in the Draft PEIS were held during April 1998. Written 
comments were considered in the promulgation of the Draft PEIS.
    After distribution of the Draft PEIS to the public during September 
1999, four public meetings on the document were held during November 
1999. Written comments and taped verbal statements gathered at these 
meetings, letters and e-mails received during the comment period were 
considered in the promulgation of the Final PEIS.
    The DMMP also considered the Harbor Estuary Program (HEP) and its 
Comprehensive Conservation and Management Plan (CCMP) that was signed 
by the agencies with responsibilities for the Port and its environment. 
Further, for the last several years the New York/New Jersey Regional 
Dredging Team (RDT), comprised of representatives from the District, 
PANY/NJ, the States of NY and NJ, and the USEPA, has been meeting 
monthly to discuss current and future needs and disposal/management 
options. The RDT will continue to coordinate in order to keep abreast 
of current and developing placement opportunities and technologies as 
the DMMP is implemented.
    The 2008 DMMP Update and Final 1999 PEIS are available on CD in PDF 
format and are downloadable through the District's Web page: http://www.nan.usace.army.mil/business/prjlinks/dmmp/index.htm.
    Printed copies of the DMMP and Final PEIS are also available upon 
request.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
 [FR Doc. E8-30368 Filed 12-19-08; 8:45 am]
BILLING CODE 3720-58-P