[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Notices]
[Pages 19361-19363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08413]


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

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Supplemental Notice of Intent To Prepare a Draft Environmental 
Impact Statement (DEIS) for the Proposed Mid-Barataria Sediment 
Diversion, in Plaquemines Parish, Louisiana

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

ACTION: Notice of intent.

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

SUMMARY: The Coastal Protection and Restoration Authority of Louisiana 
(CPRA) has requested approval from the U.S. Army Corps of Engineers, 
New Orleans District (USACE-MVN) to construct, maintain, and operate a 
sediment diversion structure off the right descending bank of the 
Mississippi River, at approximately 60.7 miles above ``Head of Passes'' 
in Plaquemines Parish, Louisiana. The proposed project, referred to as 
the Mid-Barataria Sediment Diversion (MBSD), would be designed to 
deliver sediment, freshwater, and nutrients from the Mississippi River 
into Barataria Basin. USACE-MVN intends to serve as the lead federal 
agency in preparing an Environmental Impact Statement (EIS) in 
accordance with the National Environmental Policy Act (NEPA). At this 
time, Cooperating Agencies on the EIS includes the: Environmental 
Protection Agency (EPA), Department of the Interior (DOI), National 
Oceanic and Atmospheric Administration (NOAA), National Marine 
Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and 
U.S. Department of Agriculture (USDA). The EIS for CPRA's proposed MBSD 
project will inform a permit decision for a Department of Army (DA) 
permit pursuant to Section 404 of the Clean Water Act (Section 404) and 
Section 10 of the Rivers and Harbors Act of 1899 (Section 10), and 
permissions under Section 14 of the Rivers and Harbors Act of 1899 
(Section 408). In addition to informing USACE-MVN's decisions, the EIS 
will inform decisions made by the Deepwater Horizon Natural Resource 
Damage Assessment Louisiana Trustee Implementation Group (NRDA LA TIG) 
regarding restoration evaluation and related funding decisions relevant 
to the Deepwater Horizon natural resource damage settlement, any 
decision by the National Oceanic and Atmospheric Administration's 
National Marine Fisheries Service (NOAA NMFS) that may be required 
under the Marine Mammal Protection Act (MMPA), and any additional 
regulatory or permit

[[Page 19362]]

processes that may be required for the MBSD Project, to the extent 
practicable. USACE-MVN filed an original Notice of Intent (NOI) to 
prepare a DEIS for the MBSD project which was published in the Federal 
Register on October 4, 2013 (78 FR 61843). This Supplemental NOI serves 
to supplement the original NOI to update the MBSD project details, 
contact information for the proposed MBSD project, scoping provisions, 
and other pertinent information.

FOR FURTHER INFORMATION CONTACT: Questions concerning the DA permit 
process should be directed to Mr. Brad LaBorde at U.S. Army Corps of 
Engineers, New Orleans District, Attn: CEMVN-OD-SE, 7400 Leake Avenue, 
New Orleans, LA 70118, by phone (504) 862-2225, or by email at [email protected]. Questions and comments concerning the 
Section 408 permissions should be directed to Mr. Brad Inman at U.S. 
Army Corps of Engineers, New Orleans District, Attn: CEMVN-PM-P, 7400 
Leake Avenue, New Orleans, LA 70118, by phone (504) 862-2124, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:
    1. Proposed Action. CPRA describes the MBSD project as a large 
scale, complex ecosystem restoration project. When operated, a maximum 
nominal design flow of 75,000 cubic feet per second of sediment-laden 
water would be diverted from the Mississippi River into the Barataria 
Basin to reconnect and re-establish the natural or deltaic sediment 
deposition process between the Mississippi River and the Barataria 
Basin by delivering sediment, freshwater, and nutrients to reduce land 
loss and maintain and sustain wetlands. The sediment diversion would be 
approximately 1 to 2 miles long and primary features would include a 
gated diversion structure, a conveyance channel, and a potential back 
structure (for flood protection). The secondary features of the 
diversion would include a pump station or other mean of forced 
drainage, bridge or culvert crossing at Louisiana Highway 23, concrete 
side walls, earthen guide levees, scour protection and erosion control, 
and culverted road crossings. Under Section 10 and Section 404, the 
District Engineer will render a permit decision for the discharge of 
dredged and/or fill material into the waters of the U.S., as well as 
work, to include the installation and maintenance of structures, in 
navigable waters of the U.S., based on the public interest review and 
Section 404(b)(1) Clean Water Act guidelines. Under 33 U.S.C. 408, the 
Chief of Engineers reviews the potential impacts associated with 
proposals, operation or construction of which use, alter or modify 
existing USACE-MVN projects based on whether the project would be 
injurious to the public interest and the potential for the proposed 
project to impair existing or future Civil Works projects. If 
constructed as proposed, the MBSD footprint would directly impact 52.3 
acres of jurisdictional wetlands and 4.5 acres of waters of the U.S. 
The MBSD project footprint would also impact and require the potential 
relocation of numerous public utilities and facilities. In addition, 
the MBSD project would directly and/or indirectly impact multiple 
USACE-MVN projects, including but not limited to, projects within the 
Mississippi River & Tributaries Program; the Mississippi River (federal 
navigation) Ship Channel, the Gulf to Baton Rouge, Louisiana project; 
and the future New Orleans to Venice (NOV) Hurricane Protection Levee 
project.
    2. Alternatives. The EIS will address an array of alternatives 
based on the project purpose and need. USACE must identify the 
``overall'' project purpose, evaluate practicable alternatives, and 
determine whether the project is water dependent. Some alternatives 
will be considered from, but not limited to, existing studies including 
the Coastal Wetlands Planning, Protection, and Restoration Act (CWPPRA) 
Program, Louisiana Coastal Area (LCA) Ecosystem Restoration Study, LCA 
Medium Diversion at Myrtle Grove with Dedicated Dredging Feasibility 
Study, the State and non-governmental organizations (NGOs) Myrtle Grove 
Delta Building Diversion Modeling Effort in Support of LCA Medium 
Diversion at Myrtle Grove with Dedicated Dredging, the 2012 Louisiana 
Coastal Master Plan (LCMP), and the 2017 LCMP. The LA TIG may develop 
alternatives based on considerations under the Oil Pollution Act (OPA) 
NRDA restoration planning process and associated decision-making. 
Alternatives for purposes of any additional regulatory or permitting 
processes also would be developed and evaluated to the extent 
practical. Other alternatives may be developed through the NEPA scoping 
process.
    3. Scoping. Scoping is the NEPA process utilized for seeking public 
involvement in determining the range of alternatives and significant 
issues to be addressed in the EIS USACE-MVN invites full public 
participation to promote open communication on the issues surrounding 
the proposed action. The public will be involved in the scoping and 
evaluation process through advertisements, notices, and other means. 
Project information will also be available on USACE-MVN's Web site at: 
http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/. All individuals, organizations, 
NGOs, affected Indian tribes, and local, state, and Federal agencies 
that have an interest are urged to participate in the scoping process. 
Public scoping meeting(s) will be held to present information to the 
public and to receive comments from the public. The date, time, and 
location of the scoping meeting(s) will be announced once determined on 
the USACE-MVN public notice Web page (http://www.mvn.usace.army.mil/Missions/Regulatory/Public-Notices/) and in any other forms deemed 
appropriate. Comments will also be accepted via email or postal mail; 
USACE-MVN will provide information to the public as to where, when, and 
how to submit comments. Scoping meetings may happen in coordination 
with NOAA and the NRDA LA TIG in order to present to the public, 
solicit comments and inform other required authorizations and 
collaborative restoration evaluation involving the proposed project.
    4. Potentially Significant Issues. The EIS will analyze the 
potential impacts on the human and natural environment resulting from 
the project. The scoping, public involvement, and interagency 
coordination processes will help identify and define the range of 
potential significant issues that will be considered. Important 
resources and issues evaluated in the EIS could include, but are not 
limited to, the direct, indirect, and cumulative effects on tidal 
wetlands and other waters of the U.S.; aquatic resources; commercial 
and recreational fisheries; wildlife resources; essential fish habitat; 
water quality; cultural resources; geology and soils including 
agricultural land and prime and unique farmland; hydrology and 
hydraulics; air quality; marine mammals; threatened and endangered 
species and their critical habitat; net impacts on ecosystem services; 
navigation and navigable waters; induced flooding; employment; land 
use; property values; tax revenues; population and housing; community 
and regional growth; environmental justice; community cohesion; public 
services; recreation; transportation and traffic; utilities and 
community service systems; and cumulative effects of related projects 
in the study area. USACE-MVN will also consider issues identified and 
comments made throughout scoping, public involvement, and interagency

[[Page 19363]]

coordination. USACE-MVN expects to better define the issues of concern 
and the methods that will be used to evaluate those issues through the 
scoping process.
    5. Environmental Consultation and Review. USACE-MVN anticipates 
developing an EIS that meets NEPA requirements of several federal 
agencies evaluating whether to authorize and/or fund the proposed 
project. At this time the cooperating agencies includes: EPA, DOI, 
NOAA, NMFS, USFWS, and USDA. Other federal interests in the development 
of the EIS include those related to NMFS's obligations under the MMPA 
and the NRDA LA TIG Federal trustees' obligations under OPA NRDA 
regulations, Final Programmatic Damage Assessment and Restoration Plan 
and Final Programmatic Environmental Impact Statement, and the Consent 
Decree entered into in In re: Oil Spill by the Oil Rig ``Deepwater 
Horizon'' In the Gulf of Mexico. In addition to the federal interests 
noted above for general development of the EIS, USFWS will assist in 
documenting existing conditions and assessing effects of project 
alternatives through the Fish and Wildlife Coordination Act 
consultation procedures. Consultation will be accomplished with USFWS 
and NMFS concerning threatened and endangered species and their 
critical habitat per the Endangered Species Act. NMFS will be consulted 
regarding the effects of this proposed action on Essential Fish Habitat 
per the Magnuson-Stevens Fisheries Conservation and Management Act. 
USACE-MVN anticipates CPRA will submit an application for an incidental 
take authorization to NMFS in accordance with the MMPA.
    Questions regarding consultation or compliance requirements 
described herein, will be directed to the appropriate jurisdictional 
agency.
    6. The USACE-MVN will consult with the Louisiana State Historic 
Preservation Officer (SHPO) and the appropriate Tribal Historic 
Preservation Officers (THPO), per the National Historic Preservation 
Act.
    7. Availability. The DEIS is presently scheduled to be available 
for public review and comment by April 30, 2020. All comments received 
throughout the review process will become part of the administrative 
record for the proposed MBSD project and subject to public release.
    8. NRDA LA TIG NOI: The Deepwater Horizon NRDA LA TIG has published 
a Notice of Initiation of Restoration Planning that seeks to facilitate 
public involvement and streamline future processes by specifically 
seeking public comment on a controlled river diversion in Barataria 
Basin, such as the MBSD, in a future Restoration Plan under OPA. To 
facilitate the potential consideration of the MBSD under OPA, it is the 
intent of the NRDA LA TIG Trustees to assist the USACE in the 
preparation of the EIS for the Mid-Barataria Sediment Diversion.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2017-08413 Filed 4-26-17; 8:45 am]
 BILLING CODE 3720-58-P