[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Notices]
[Pages 47927-47928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22553]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Intent To Prepare a Programmatic Environmental Impact Statement 
for the Chesapeake Bay Oyster Recovery Project, Virginia & Maryland

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

ACTION: Notice of intent.

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

SUMMARY: The U.S. Army Corps of Engineers (USACE), Baltimore (NAB) and 
Norfolk (NAO) Districts published a Notice of Intent (NOI) (71 FR 
14857) for the Chesapeake Bay Native Oyster Recovery study on March 24, 
2006. That NOI announced that the USACE Baltimore and Norfolk Districts 
would prepare a single, integrated Native Oyster Restoration Master 
Plan (NORMP) and Programmatic Environmental Impact Statement (PEIS) for 
native oyster recovery in the entire Chesapeake Bay (including both 
Maryland and Virginia). The USACE is undertaking native oyster recovery 
in the Chesapeake Bay to support efforts to reverse the ongoing decline 
in oyster resources throughout the Bay.
    The USACE is now announcing a major change in the timing of the 
NORMP and PEIS. The schedule for the NORMP and PEIS was delayed so that 
the document could be tiered to the ``Programmatic EIS for Oyster 
Restoration in Chesapeake Bay Including the Use of a Native and/or 
Nonnative Oyster'' (PEIS ORCB). The preferred alternative identified in 
the PEIS recommends ``using a combination of alternatives that involves 
only the native Eastern oyster (Crassostrea virginica).'' Consistent 
with the preferred alternative, the USACE will expand upon and further 
develop plans and recommendations for Chesapeake Bay native oyster 
restoration in the NORMP and PEIS.

FOR FURTHER INFORMATION CONTACT: Questions and comments about the NORMP 
and/or PEIS can be addressed to Mr. Craig Seltzer, Norfolk District 
U.S. Army Corps of Engineers, ATTN: CENAO-PM-PA, 803 Front Street, 
Norfolk, VA 23510. E-mail address: [email protected] and 
phone number: 757-201-7390 or Ms. Anna Compton, Baltimore District, 
U.S. Army Corps of Engineers, ATTN: CENAB-PL-P, 10 S. Howard Street, 
Baltimore, MD 21201. E-mail address: [email protected] and 
phone number: 410-962-4633. Please include your name and address in 
your message.

SUPPLEMENTARY INFORMATION:
    1. The Baltimore District previously published a NOI (69 FR 68887) 
for the Chesapeake Bay Native Oyster Recovery study on November 26, 
2004. That NOI indicated that the Baltimore District would prepare a 
Draft EIS for native oyster (Crassostrea virginica) recovery activities 
within Maryland waters of the Chesapeake Bay. A second NOI (71 FR 
14857) was published for the Chesapeake Bay Native Oyster Recovery 
study on March 24, 2006. That NOI announced that the USACE Baltimore 
and Norfolk Districts would prepare a single, integrated NORMP and PEIS 
for native oyster recovery in the entire Chesapeake Bay.
    2. To the fullest extent possible, the PEIS will be integrated with 
analyses and consultation required by the Fish and Wildlife 
Coordination Act of 1958, as amended; the National Historic 
Preservation Act of 1966, as amended; the Coastal Zone Management Act 
of 1972, as amended; the Endangered Species Act of 1973, as amended; 
the Marine Protection, Research and Sanctuaries Act of 1972, as 
amended; the Clean Water Act of 1977, as amended; and other applicable 
laws and regulations.
    3. The NORMP/PEIS will be written in cooperation with the local 
sponsors, the Maryland Department of Natural Resources and Virginia 
Marine Resources Commission.
    4. The NORMP/PEIS will incorporate science, policy, and experience 
from a number of sources to develop a comprehensive approach to oyster 
restoration in Maryland and Virginia. The purpose of the NORMP is to 
lay out a road map for a long-term, large-scale restoration of native 
oysters in the entire Chesapeake Bay. All suitable locations and 
techniques available for native oyster restoration will be identified 
and explored, and, if feasible, will be included in the NORMP/PEIS.
    5. Previously performed oyster restoration activities by the 
Baltimore District include the: Creation of new oyster bars and 
rehabilitation of existing non-productive bars; construction of seed 
bars for production and collection of seed oysters or ``spat''; 
planting of hatchery produced and seed bar spat on new and 
rehabilitated bars; and monitoring of implemented projects.

[[Page 47928]]

    6. Previously performed oyster restoration activities by the 
Norfolk District include: Construction of permanent oyster reef 
sanctuaries; seeding of reefs with disease resistant DEBY\TM\ strain 
oysters; adaptive management and monitoring; and managed spat-on-shell 
production areas with oysters moved to other sites in the Bay as part 
of a genetic rehabilitation stocking effort. This work is being 
conducted under the authority provided by Section 704(b) of the Water 
Resources Development Act (WRDA) of 1986, as amended.
    7. Additional public scoping meetings will not be held for the 
NORMP and PEIS. This decision was driven primarily by the fact that the 
lead agencies conducted public scoping meetings in Maryland on the 
NORMP and PEIS in 2005, prior to the decision to prepare an integrated 
Maryland-Virginia master plan. Also, during the 60-day public comment 
period following the publication of the Draft PEIS-ORCB (October 17-
December 15, 2008), lead agencies coordinated a series of public 
meetings to receive comments on the document. This document included 
the alternative of expanding native oyster restoration, which received 
much public input; therefore, this input will adequately facilitate 
scoping for this phase of the National Environmental Policy Act (NEPA) 
document development and will satisfy 40 CFR 1501.7. The USACE will 
conduct public meetings during the Draft NORMP/PEIS 45-day coordination 
and public review process scheduled for early 2011, and will include 
interested parties throughout the development of the PEIS through 
informational meetings, Web site postings, and other means.
    8. All interested federal, state, and local agencies, interested 
private and public organizations, affected Indian tribes, and 
individuals are invited to submit written comments concerning the 
NORMP/PEIS within 30 days of the date of this notice.
    9. The anticipated date of publication of the draft PEIS is March 
2011. The PEIS will be prepared in accordance with (1) NEPA of 1969, as 
amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on 
Environmental Quality for implementing the procedural provisions of 
NEPA (40 CFR parts 1500-1508), and (3) USACE Procedures for 
Implementing NEPA (33 CFR part 230).

Amy M. Guise,
Chief, Civil Project Development Branch.
[FR Doc. E9-22553 Filed 9-17-09; 8:45 am]
BILLING CODE 3710-KF-P