[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45831-45832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21372]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Intent To Prepare a Draft Supplemental Environmental Impact 
Statement for the Louisiana Coastal Area (LCA)--Louisiana, Modification 
of Davis Pond Diversion Project

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 (USACE) intends to prepare a 
supplemental environmental impact statement (EIS) for the Louisiana 
Coastal Area (LCA)--Louisiana, Modification of Davis Pond Diversion 
Project. This modification project will be designed to increase wetland 
restoration outputs. This supplemental EIS will be tiered off of the 
programmatic final EIS for the Louisiana Coastal Area (LCA)--Louisiana, 
Ecosystem Restoration Study, November 2004, and the final EIS for the 
LCA--Louisiana, Freshwater Diversion to Barataria and Breton Sound 
Basins Study, September 1984. The record of decision (ROD) for the 
programmatic final EIS was signed on November 18, 2005 and the ROD for 
the freshwater diversion final EIS was signed on July 16, 1987.

DATES: A scoping meeting is planned for October 6, 2009, see 
SUPPLEMENTARY INFORMATION section for scoping meeting location.

FOR FURTHER INFORMATION CONTACT: Questions concerning the draft 
supplemental EIS should be addressed to Michael T. Brown, CEMVN-PM-RP, 
P.O. Box 60267, New Orleans, LA 70160-0267; telephone: (504) 862-1570; 
fax: (504) 862-2088; or by email: [email protected].

SUPPLEMENTARY INFORMATION:
    1. Authority. This supplemental EIS will be tiered off of the 
programmatic final EIS for the LCA--Louisiana, Ecosystem Restoration 
Study, November 2004 and the final EIS for the LCA--Louisiana, 
Freshwater Diversion to

[[Page 45832]]

Barataria and Breton Sound Basins Study, September 1984. The Water 
Resources Development Act of 2007 (WRDA 2007) authorized fifteen 
projects under the LCA program. The authority includes requirements for 
comprehensive planning, program governance, implementation, and other 
program components. The LCA restoration program will facilitate the 
implementation of critical restoration features and essential science 
and technology demonstration projects, increase the beneficial use of 
dredged material and determine the need for modification of selected 
existing projects to support coastal restoration objectives. The LCA 
near-term plan includes fifteen elements authorized for implementation 
contingent upon meeting certain reporting requirements. Specifically, 
Section 7006 (e)(1)(D) instructs the Secretary of the Army to carry out 
the following project referred to in the restoration plan: (D) 
Modification of Davis Pond Diversion at a total cost of $64,200,000. 
The Congressional language further directs completion of a feasibility 
report of the Chief of Engineers, and subsequent submission to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate.
    2. Proposed Action. The Modification of Davis Pond Diversion 
Project would increase wetland restoration outputs in the Barataria 
Basin. The objective of this modification project is to: Maximize the 
use of the existing diversion structure for the purpose of decreasing 
wetland loss and increasing habitat quality.
    3. Alternatives. Restoration measures being considered include 
changing the structure's operational plan to flow at maximum capacity; 
to flow at 5,000 cubic feet per second (cfs) on average; and to include 
pulsing (fully opening the structure's gates during a rise in the 
Mississippi River to maximize suspended sediment delivery). Other 
possible alternatives include physical land modifications to divert 
water to areas that currently do not receive diversion flows; marsh 
restoration; and measures to increase native vegetation and submerged 
aquatic vegetation. Alternative plans will be developed through various 
combinations of restoration measures that best meet the study goals and 
objectives and is determined to be cost-effective, environmentally 
acceptable and technically feasible.
    4. Public Involvement. Public involvement, an essential part of the 
supplemental EIS process, is integral to assessing the environmental 
consequences of the proposed action and improving the quality of the 
environmental decision making. The public includes affected and 
interested Federal, state, and local agencies, Indian tribes, concerned 
citizens, stakeholders, and other interested parties. Public 
participation in the supplemental EIS process will be strongly 
encouraged, both formally and informally, to enhance the probability of 
a more technically accurate, economically feasible, and socially and 
politically acceptable supplemental EIS. Public involvement will 
include but is not limited to: Information dissemination; 
identification of problems, needs and opportunities; idea generation; 
public education; problem solving; providing feedback on proposals; 
evaluation of alternatives; conflict resolution by consensus; public 
and scoping notices and meetings; public, stakeholder and advisory 
groups consultation and meetings; and making the supplemental EIS and 
supporting information readily available in conveniently located 
places, such as libraries and on the world wide web.
    5. Scoping. Scoping, an early and open process for identifying the 
scope of significant issues related to the proposed action to be 
addressed in the supplemental EIS, will be used to: (a) Identify the 
affected public and agency concerns; (b) facilitate an efficient 
supplemental EIS preparation process; (c) define the issues and 
alternatives that will be examined in detail in the supplemental EIS; 
and (d) save time in the overall process by helping to ensure that the 
draft supplemental EIS adequately addresses relevant issues. The public 
scoping meeting is scheduled for October 6, 2009 at 6:00 p.m. at 
Cytec's Tom Call Pavilion, 10800 River Road, Waggaman, Louisiana. A 
Scoping Meeting Notice will also be mailed to all interested parties in 
September 2009. Additional meetings could be held, depending upon 
public interest and if it is determined that further public 
coordination is warranted.
    6. Coordination. The USACE and the U.S. Fish and Wildlife Service 
(USFWS) have formally committed to work together to conserve, protect, 
and restore fish and wildlife resources while ensuring environmental 
sustainability of our Nation's water resources under the January 22, 
2003, Partnership Agreement for Water Resources and Fish and Wildlife. 
The USFWS will provide a Fish and Wildlife Coordination Act Report. 
Coordination will be maintained with the USFWS and the National Marine 
Fisheries Service (NMFS) regarding threatened and endangered species 
under their respective jurisdictional responsibilities. Coordination 
will be maintained with the NMFS regarding essential fish habitat. 
Coordination will be maintained with the Natural Resources Conservation 
Service regarding prime and unique farmlands. The U.S. Department of 
Agriculture will be consulted regarding the ``Swampbuster'' provisions 
of the Food Security Act. Coordination will be maintained with the U.S. 
Environmental Protection Agency concerning compliance with Executive 
Order 12898, ``Federal Action to Address Environmental Justice in 
Minority Populations and Low-Income Populations.'' Coordination will be 
maintained with the Advisory Counsel on Historic Preservation and the 
State Historic Preservation Officer. The Louisiana Department of 
Natural Resources will be consulted regarding consistency with the 
Coastal Zone Management Act. The Louisiana Department of Wildlife and 
Fisheries will be consulted concerning potential impacts to Natural and 
Scenic Streams.
    7. Availability of Draft Supplemental EIS. The earliest that the 
draft supplemental EIS will be available for public review would be in 
spring of 2011. The draft supplemental EIS or a notice of availability 
will be distributed to affected Federal, state, and local agencies, 
Indian tribes, and other interested parties.

    Dated: August 27, 2009.
Alvin B. Lee,
Colonel, US Army, District Commander.
[FR Doc. E9-21372 Filed 9-3-09; 8:45 am]
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