[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48602-48603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12577]


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

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Intent To Prepare an Environmental Impact Statement (EIS) for a 
Letter Report for the Wilmington Harbor, North Carolina Project, New 
Hanover and Brunswick Counties, North Carolina

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

ACTION: Notice of intent (NOI) to Prepare an Environmental Impact 
Statement (EIS) for the Wilmington Harbor, North Carolina Project.

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

SUMMARY: The North Carolina State Ports Authority (NCSPA) prepared a 
feasibility study pursuant to section 203 of the Water Resources 
Development Act of 1986, as amended, and in [February 2020] submitted 
that study to the Assistant Secretary of the Army for Civil Works 
(ASA(CW)) for review for the purpose of determining whether the study, 
and the process under which the study was developed, comply with 
Federal laws and regulations applicable to feasibility studies of water 
resources development project. This notice advises the public that the 
U.S. Army Corps of Engineers (Corps), at the direction of the ASA(CW), 
intends to prepare an Environmental Impact Statement (EIS) to address 
conditions for implementation of section 203 studies authorized for 
construction pursuant to section 403 of Water Resources Development Act 
of 2020. The ASA(CW)'s review of the NCSPA's study identified that 
National Environmental Policy Act and environmental compliance 
activities must be completed prior to implementation of the project. 
The NCSPA described the purpose of the project to be evaluated in the 
EIS as deepening and widening of the Wilmington Harbor Navigation 
Project. The USACE, as the lead federal agency, has determined the 
proposed action may significantly affect the quality of the human 
environment and seeks comments regarding the identification of 
potential alternatives, information, and analyses relevant to the 
report to improve navigation, beneficial use of dredge material, and to 
assess the potential social, economic, and environmental impacts of the 
proposed action.

DATES: Written comments must be submitted by July 22, 2024.

ADDRESSES: Written comments regarding the proposed EIS scope should be 
submitted to: U.S. Army Corps of Engineers, Wilmington District; ATTN: 
Wilmington Harbor 403, 69 Darlington Avenue, Wilmington, North Carolina 
28403. Individuals who would like to provide comments electronically 
should submit comments by email to: [email protected]. 
Comments may also be submitted online using the public comment tool 
found on the project website: https://www.saw.usace.army.mil/Missions/Navigation/Dredging/Wilmington-Harbor-403-Letter-Report-and-EIS/.

FOR FURTHER INFORMATION CONTACT: Andrea Stolba at (910) 882-4936 or 
email at [email protected].

SUPPLEMENTARY INFORMATION: 
    1. Background. An Integrated section 203 Study and Environmental 
Report for potential navigation improvements to the Wilmington Harbor 
Federal navigation channel serving the Port of Wilmington, North 
Carolina was prepared in 2020 by the NCSPA under the authority of 
section 203 of the WRDA of 1986, as amended. The study area was the 
existing Wilmington Harbor federal navigation channel that originates 
offshore and extends approximately 38 miles from entrance channel in 
the Atlantic Ocean and up the Cape Fear River to the City of 
Wilmington, North Carolina where it serves the Port of Wilmington. The 
navigation improvements proposed in the 2020 report were conditionally 
authorized by Section 403 of the WRDA of 2020: Authorization of 
Projects Based on Feasibility Studies Prepared by Non-Federal 
Interests. The section 203 authorization for the navigation 
improvements project, Wilmington Harbor, North Carolina, is conditioned 
upon the resolution of comments set forth in the ASA(CW)'s review 
assessment, dated May 17, 2020. An EIS evaluation of the proposed 
project effects on the human environment is required to address several 
comments from the ASA(CW)'s review assessment.
    2. Purpose and Need for the Proposed Action. The purpose of the 
proposed action is to contribute to national economic development (NED) 
by addressing transportation inefficiencies for the forecasted vessel 
fleet, consistent with protecting the Nation's environment. The need 
for the proposed action is to address the constraints that contribute 
to inefficiencies in the existing navigation system's ability to safely 
serve forecasted vessel fleet and cargo types and volumes.
    3. Preliminary Action Alternatives. The USACE has identified two 
preliminary action alternatives for inclusion in the EIS: 47-foot and 
46-foot deepening alternatives. The 47- foot alternative was 
conditionally authorized in section 403 of WRDA 2020 and would result 
in the channel deepening to -47 feet MLLW from the Anchorage Basin 
through the Lower Swash Reach (Mid-River) and to -49 feet MLLW in the 
ocean bar reaches and an extended and realigned entrance channel; and 
channel widening in some reaches. The 46-foot alternative would result 
in the channel deepening to -46 feet MLLW from the Anchorage Basin 
through the Lower Swash Reach (Mid-River) and to -48 feet MLLW in the 
ocean bar reaches and an extended and realigned entrance channel; and 
channel widening in some Reaches.
    Dredged material management for the preliminary action alternatives 
was proposed to be placed in the Wilmington Ocean Dredged Material 
Disposal Site; however, the USACE will also evaluate beneficial use of 
dredged material.
    Construction of any action alternative may be accomplished through 
mechanical (e.g., clamshell) and hydraulic (e.g., cutterhead and 
hooper) dredge equipment, and may require blasting in reaches where 
hard rock is encountered.
    A no action alternative will also be evaluated in the EIS, which 
provides for the existing authorization channel depth of -38 feet MLLW 
at the Anchorage Basin, -42 feet MLLW in the Mid-River reaches, and -44 
feet MLLW through the ocean bar reaches and entrance channel.
    4. Summary of Expected Impacts. The USACE conducted an early 
scoping comment period for the proposed federal action in June 2023 and 
received public comments on anticipated effects to resources resulting 
from the proposed action. Additionally, the USACE has been coordinating 
on potential resources to be evaluated through outreach to stakeholders 
since the June 2023 public comment period. The USACE will evaluate 
potential effects to

[[Page 48603]]

hydrology and hydraulics, groundwater, water quality (dissolved oxygen, 
temperature, and salinity), air quality, cultural and historical 
resources, wetlands, endangered species and habitat, and aquatic 
resources. Additionally, the USACE will evaluate the potential social 
effects of the proposed action, including environmental justice issues.
    5. Anticipated Permits and Other Authorizations. The USACE is 
anticipating that the proposed action would require a permit pursuant 
to section 401 of the Clean Water Act (CWA). While the USACE does not 
process and issue permits for its own activities, pursuant to 33 CFR 
336.1, the USACE does provide an analysis of the discharge of dredged 
or fill material under all applicable substantive legal requirements, 
including application of the section 404(b)(1) guidelines of the CWA. 
Other environmental review and consultation requirements include, but 
are not limited to, the National Historic Preservation Act, Clean Air 
Act, Endangered Species Act, Fish and Wildlife Coordination Act, 
Coastal Zone Management Act, Magnuson-Steven Fisheries Conservation 
Management Act, Marine Protection Research and Sanctuaries Act, and, if 
applicable, the Marine Mammal Protection Act.
    6. Schedule. The USACE will use input provided by Federal, state, 
and local government agencies, Tribal Nations, other interested 
parties, and the general public in the preparation of the Draft EIS. 
The USACE has developed a preliminary schedule for the publication of 
the Draft EIS. The Draft EIS is anticipated to be made available for 
review in Fall 2025. The Draft EIS will be filed with the U.S. 
Environmental Protection Agency (EPA) and will be available for public 
comment for 45 days from the date the EPA publishes its Federal 
Register notice. The USACE will provide public notification of the 
availability of the Draft EIS. If a Record of Decision is approved and 
signed, it will be no earlier than 30 days after the published Final 
EIS.
    7. Scoping Process. The USACE will be soliciting public comments on 
the scope of the EIS through July 12, 2024. During the scoping period, 
the USACE invites federal, state, and local agencies, Tribal Nations, 
other interested parties, and the general public to participate in the 
scoping process to present comments regarding the range of actions, 
alternatives, and potential impacts to be considered in the EIS, 
including comments regarding opportunities for beneficial use of 
dredged material. The purpose of the scoping process is to provide 
information to the public, to serve as a mechanism to solicit full and 
open agency and public input on alternatives and identification of 
significant issues to be analyzed in the EIS.
    The USACE will host public meetings to provide information and 
provide opportunity for submission of comments. Four virtual public 
meetings will be held in June 2024 each focusing on a different topic. 
All virtual meeting links will be advertised on the USACE's project 
website at https://www.saw.usace.army.mil/Missions/Navigation/Dredging/Wilmington-Harbor-403-Letter-Report-and-EIS/. Virtual meeting 
information posted on the project website will include meeting times, 
agendas, and instructions for joining the meeting. An in-person public 
open house will be held at Sunset Park Elementary School, 613 Alabama 
Avenue, Wilmington, NC 28401 on June 13, 2024, from 3:00 to 7:00 p.m.
    Written comments regarding the proposed EIS scope may be submitted 
by mail to: U.S. Army Corps of Engineers, Wilmington District; ATTN: 
Wilmington Harbor 403, 69 Darlington Avenue, Wilmington, North Carolina 
28403, or by email to: [email protected]. Comments may 
also be submitted online using the public comment tool found on the 
project website: https://www.saw.usace.army.mil/Missions/Navigation/Dredging/Wilmington-Harbor-403-Letter-Report-and-EIS/.
    All comments received will become part of the administrative record 
and are subject to public release under the Freedom of Information Act.

Daniel H. Hibner,
Brigadier General, USA, Commanding.
[FR Doc. 2024-12577 Filed 6-6-24; 8:45 am]
BILLING CODE 3720-58-P