[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Notices]
[Pages 39892-39894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14031]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Notice of Intent To Prepare an Environmental Impact Statement for 
the Proposed Mid-Breton Sediment Diversion, in Plaquemines Parish, 
Louisiana

AGENCY: U.S. Army Corps of Engineers, Defense Department (DoD).

ACTION: Notice of intent.

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SUMMARY: The U.S. Army Corps of Engineers (Corps), New Orleans District 
(CEMVN), has received an application for a U.S. Department of Army (DA) 
permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 
(Section 10), Section 404 of the Clean Water Act (Section 404), and 
Section 14 of the Rivers and Harbors Act of 1899 (Section 408), from 
the Coastal Protection and Restoration Authority of Louisiana (CPRA) to 
construct, maintain, and operate the Mid-Breton Sediment Diversion 
Project (Breton SD or proposed Action).

ADDRESSES: U.S. Army Corps of Engineers, New Orleans District, Attn: 
CEMVN-ODR-E, 7400 Leake Avenue, New Orleans, Louisiana 70118.

FOR FURTHER INFORMATION CONTACT: Questions and scoping comments 
regarding the proposed Breton SD, EIS, and DA permit process should be 
directed to Mr. Brad LaBorde at U.S. Army Corps of Engineers, New 
Orleans District, Attn: CEMVN-ODR-E, 7400 Leake Avenue, New Orleans, 
Louisiana 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. Jeffrey Varisco at U.S. Army 
Corps of Engineers, New Orleans District, Attn: CEMVN-PPMD, 7400 Leake 
Avenue, New Orleans, Louisiana 70118, by phone (504) 862-2853, or by 
email at [email protected]. Commenters will be placed on a 
Breton SD mailing list unless requested otherwise.

SUPPLEMENTARY INFORMATION: The Breton SD is proposed to be located on 
the east bank of the Mississippi River, at approximately 68 miles above 
``Head of Passes'' and south of the Towns of Braithwaite and Scarsdale, 
in Plaquemines Parish, Louisiana. The requested Federal action 
associated with the Breton SD is authorization of the discharge of 
dredged or fill material into the Waters of the United States (Section 
404) and the construction of structures and/or work that may affect 
navigable waters (Section 10), and permission to use, occupy, and alter 
Corps' Civil Works projects (Section 408) through the issuance of a DA 
Section 10/404 permit and Section 408 permission. Based on the 
potential impacts, both individually and cumulatively, Federal 
authorization for the proposed Action would constitute a ``major 
federal action''. The Corps intends to prepare an Environmental Impact 
Statement (EIS) in compliance with the National Environmental Policy 
Act (NEPA) as part of its decision-making process before rendering a 
decision on CPRA's permit application. The Corps' decision will be to 
issue, issue with modification, or deny the requested DA permit/
permissions for the proposed Action. The EIS will assess the potential 
effects of the proposed Breton SD on the human environment (including 
the natural and physical environment and relationship of people with 
that environment) and is intended to be sufficient in scope to address 
Federal, State, and local requirements and permit reviews, and 
environmental and socioeconomic issues concerning the proposed Action. 
The CEMVN DA permit number for the Breton SD is MVN-2018-1120-EOO.
    1. Project Details. The proposed Breton SD Project is a large-
scale, complex ecosystem restoration project intended to convey 
sediment, fresh water, and nutrients from the Mississippi River into 
the Breton Sound Basin in an effort to reduce coastal land loss and 
sustain surrounding wetlands. If constructed and operated as proposed, 
CPRA would maintain a base flow up to 5,000 cubic feet per second (cfs) 
through the Breton SD Structure. When the Mississippi River gage at 
Belle Chasse exceeds 450,000 cfs in flow, the Breton SD structure would 
``open'' to divert varying volumes of sediment, fresh water, and 
nutrients into the Breton Sound Basin. Maximum discharge of the Breton 
SD Structure would be 75,000 cfs, reached when the Belle Chasse gage 
measures 1,000,000 cfs.
    The proposed Breton SD gated intake would impact the Mississippi 
River batture on the east bank, or left descending bank, of the 
Mississippi River, at approximately 68 miles above ``Head of Passes'' 
and extend eastward, with the conveyance structure and guide levees 
extending through the Mississippi River Levee, Louisiana Highway 39, 
and the non-Federal back levee south of the Towns of Braithwaite and 
Scarsdale, Louisiana. The Breton SD structure would terminate at the 
outfall channel which would initially widen to convey sediment, fresh 
water, and nutrients into Breton Sound Basin with a pilot channel 
connecting to River Aux Chenes.
    If constructed as proposed, the Breton SD footprint would directly 
impact approximately 309 acres of jurisdictional wetlands and 
approximately 52 acres of waters of the U.S. The proposed Breton SD 
operation will result in additional impacts, to the Breton Sound Basin 
where the current landscape is expected to be altered via diversion-
related processes such as channelization, accretion, and delta 
formation. According to CPRA, the area to be potentially impacted 
within the Breton Sound Basin encompasses 5,277 acres of existing 
jurisdictional wetlands and 2,225 acres of waters of the U.S.
    The Corps requires compensatory mitigation to offset unavoidable 
impacts to jurisdictional wetlands and other aquatic resources. CPRA 
proposes this project as a large scale ecosystem restoration that is 
self-mitigating. CEMVN will assess whether compensatory mitigation is 
required as part of the EIS process and permit review.
    The proposed Breton SD project would directly and/or indirectly 
impact multiple CEMVN Civil Works projects, including but not limited 
to projects within the Mississippi Rivers and Tributaries Program such 
as the Mississippi River Levee and the Mississippi River (federal 
navigation) Ship Channel.
    CPRA submitted a complete joint permit application to CEMVN and the 
Louisiana Department of Natural Resources for the proposed Breton SD on 
March 11, 2019; it was advertised on joint public notice on March 19, 
2019. Following a review of the permit application, joint public notice 
comments, related sediment diversion sources, and based on a 
preliminary assessment of the environmental impacts, CEMVN determined 
that an EIS is required due to the proposed Action's potential to 
significantly impact the quality of the human environment on July 31, 
2019. Since that decision, an independent third-party contractor was 
selected to draft the EIS on behalf of CEMVN, and

[[Page 39893]]

CEMVN, CPRA, and the Cooperating Agencies (identified below), developed 
the proposed Breton SD purpose and need (identified in the following 
paragraph), selected hydraulic modeling inputs and parameters, and 
identified a preliminary range of alternatives (identified below).
    The established Breton SD purpose and need is as follows: The 
purpose of the proposed Action is to reconnect and re-establish the 
deltaic sediment deposition process between the Mississippi River and 
the Breton Sound Basin through a large-scale sediment diversion that is 
consistent with the Louisiana Coastal Master Plan (LCMP) and delivers 
sediment, freshwater, and nutrients to create, preserve, restore, and 
sustain wetlands to counteract the effects of natural and man-made 
disturbances, such as the Deep Water Horizon oil spill. The proposed 
Action is needed to serve as a long-term, resilient, sustainable 
strategy to reduce land loss rates and sustain and restore wetlands 
altered by natural and man-made disturbances in the Breton Sound Basin.
    2. Scoping Process. Public Scoping meetings will be held virtually, 
accessible by phone and internet. The Corps invites all affected 
federal, state, and local agencies, affected Native American Tribes, 
other interested parties, and the general public to participate in the 
NEPA process during development of the EIS. The purpose of the public 
scoping process is to provide information to the public, narrow the 
scope of analysis to significant environmental issues, serve as a 
mechanism to solicit agency and public input on alternatives and issues 
of concern, and ensure full and open participation in scoping for the 
Draft EIS. To ensure that all the issues related to the proposed Breton 
SD are addressed, the Corps will conduct virtual public scoping 
meeting(s) to which agencies, organizations, and members of the general 
public are invited to present comments or suggestions with regard to 
the range of actions, alternatives, and potential impacts to be 
considered in the EIS. Project and public scoping meeting information, 
including information as to where, when, and how to participate and 
submit scoping comments as well as other opportunities for public 
involvement, will be available on CEMVN's website at: https://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Breton-Sediment-Diversion-EIS/ and http://www.mvn.usace.army.mil/Missions/Regulatory/Public-Notices/. Notification of Breton SD virtual scoping meetings 
will also be available via press releases, special public notices, and 
on CEMVN's social media platforms.
    3. Federal Authority. The EIS will disclose the context and 
intensity of environmental impacts, including direct, indirect, and 
cumulative impacts, of the proposed Action as required under the 
Council of Environmental Quality's (CEQ) National Environmental Policy 
Act (NEPA) regulations at 40 CFR parts 1500-1508 and the Department of 
the Army's (DA) NEPA regulations at 33 CFR part 325, appendix B. A 
reasonable range of alternatives will be determined and significant 
issues related to the proposed Action will be identified during agency 
and public scoping. As explained below, a preliminary range of 
alternatives has been developed. The EIS will address the Public 
Interest Review requirements of the DA permitting process (33 CFR parts 
320-332), as well as the requirements of the Clean Water Act Section 
404(b)(1) guidelines (40 CFR part 230). The EIS will inform the CEMVN 
decision-making processes for Section 10 (33 U.S.C. 403), Section 404 
(33 U.S.C. 1344), and Section 408 (33 U.S.C. 408).
    Under Section 10/Section 404, the District Engineer issues permits 
for the discharge of dredged and/or fill material into the waters of 
the U.S. and for work in navigable water in the U.S., to include 
installation and maintenance of structures based on the public interest 
review and Section 404(b)(1) Clean Water Act guidelines.
    Under Section 408, the Corps of Engineers reviews requests to use, 
occupy, alter or modify existing Corps of Engineers projects. The 
decision whether to grant a Section 408 permission for such use, 
occupation or alteration is based on whether the proposed Action would 
be injurious to the public interest and whether it would impair the 
usefulness of affected Corps of Engineers projects.
    The proposed Action is subject to Executive Order 13807 of August 
15, 2017 titled ``Establishing Discipline and Accountability in the 
Environmental Review and Permitting Process for Infrastructure 
Projects'' and Title 41 of the Fixing America's Surface Transportation 
Act (FAST-41) (42 U.S.C. 4370m, et seq.). Project milestones 
established via a Coordinated Project Plan will be maintained and 
updated quarterly on the Federal Permitting Dashboard. Interested 
parties can monitor project milestones at: https://www.permits.performance.gov/permitting-projects/mid-breton-sediment-diversion.
    At this time, Cooperating Agencies on the EIS include the: 
Environmental Protection Agency (EPA), Department of Interior's U.S. 
Fish and Wildlife Service (USFWS), National Oceanic and Atmospheric 
Administration's National Marine Fisheries Service (NMFS), U.S. 
Department of Agriculture's Natural Resources Conservation Service 
(NRCS), U.S. Coast Guard (USCG), Advisory Council on Historic 
Preservation (ACHP), Louisiana's Historic Preservation Office (SHPO), 
and Louisiana's Department of Transportation and Development (LADOTD).
    4. Alternatives. The EIS will address a reasonable range of 
alternatives based on the proposed Breton SD's purpose and need. CEMVN, 
through consultation with Cooperating Agencies and CPRA, has identified 
a preliminary range of alternatives to evaluate in greater detail in 
the EIS. Prospective alternatives were developed from, but not limited 
to, Breton SD public notice comments, Mid-Barataria Sediment Diversion 
scoping comments, existing studies prepared under the Coastal Wetlands 
Planning, Protection, and Restoration Act (CWPPRA) Program and 
Louisiana Coastal Area (LCA) Program, including the LCA Medium 
Diversion at Myrtle Grove with Dedicated Dredging Feasibility Study and 
the LCA Medium Diversion at White Ditch Feasibility Study, and the 2017 
Louisiana Coastal Master Plan. CEMVN's preliminary range of 
alternatives is a sediment diversion with maximum flows of 35,000 cfs, 
75,000 cfs (CPRA's preferred alternative), and 115,000 cfs. Each of the 
three sediment diversion alternatives will be evaluated with two base 
flow alternatives, 2,500 cfs and 5,000 cfs. Other reasonable 
alternatives may be developed based on comments received through the 
NEPA scoping process.
    5. 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 to be 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

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species and their critical habitats; navigation and navigable waters; 
induced flooding; employment and incomes; 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.
    6. Environmental Consultation and Review. The proposed Action is 
being coordinated with a number of federal, state, regional, and local 
agencies. In accordance with relevant environmental laws and 
regulations, CEMVN will consult with the following agencies: USFWS 
under the Fish and Wildlife Coordination Act; USFWS and NMFS under the 
Endangered Species Act; NMFS under the Magnuson-Stevens Fishery 
Conservation and Management Act; and, the ACHP, Louisiana SHPO, and the 
appropriate Tribal Historic Preservation Officers under the National 
Historic Preservation Act and integrated NHPA/EIS process.
    On March 15, 2018, NMFS issued a Marine Mammal Protection Act 
(MMPA) waiver pursuant to Title II, Section 20201 of the Bipartisan 
Budget Act of 2018 and Section 101(a)(3)(A) of the MMPA for the Mid-
Barataria Sediment Diversion, Mid-Breton Sound Sediment Diversion, and 
Calcasieu Ship Channel Salinity Control Measures.
    7. Availability. The draft EIS is presently scheduled to be 
available for public review and comment on November 9, 2022. All 
comments received throughout the review process will become part of the 
project file for the proposed Breton SD project and will be subject to 
public release.

Edward E. Belk, Jr.,
Director of Programs.
[FR Doc. 2020-14031 Filed 7-1-20; 8:45 am]
BILLING CODE 3720-58-P