[Federal Register: September 10, 1999 (Volume 64, Number 175)] [Notices] [Page 49167-49168] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10se99-69] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Availability of the Draft Programmatic Environmental Impact Statement (dPEIS) for the Dredged Material Management Plan (DMMP) for the Port of New York/New Jersey (PANY/NJ) AGENCY: U.S. Army Corps of Engineers, New York District, DOD. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The responsible lead agency is the U.S. Army Engineer District New York. The DMMP project area is in and surrounds the Port of New York/New Jersey and includes the New York Bight Apex, the Lower Bay Complex, which includes the Lower Bay, Raritian and Sandy Hook Bays, the Upper Bay Complex which includes the Hudson and East Rivers, Kill Van Kull, and Newark Bay, and the lands contiguous to these water bodies for a radius of approximately 20 miles. The document contains three reports the dPEIS, the DMMP, and the Technical Appendix for the DMMP. The dPEIS explores the available options and the Recommended Course of Action identified in the DMMP. DATES: Written comments received within 45 days of the publication of the Environmental Protection Agency's Notice of Availability in the Federal Register will be considered by the Corps in decision-making for the final PEIS. FOR FURTHER INFORMATION CONTACT: Questions regarding the scoping process or requests for the draft Programmatic Environmental Impact Statement may be directed to Mr. Robert J. Kurtz, EIS Coordinator, U.S. Army Corps of Engineers, Planning Division-Technical Services, New York District, Jacob K. Javits Federal Building, New York, New York 10278- 0090, (212) 264-2230. SUPPLEMENTARY INFORMATION: Several authorities exist to conduct navigation studies and maintain the New York Harbor, these include the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401-466n), the Federal Water Pollution Control Act of 1972 (Clean Water Act--CWA), and the Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA). With respect to the preparation of the DMMP, Corps planning guidance stated in EC1165-2-200 requires each district to maintain responsibility for preparation of long-term plans to accomplish the mission defined in the above documents. The linked problems associated with dredging in the Port are that sedimentation creates shallow depths, [[Page 49168]] and a substantial volume of the material to be dredged contains contaminants at levels that may limit disposal options. The Port of New York/New Jersey has an ambient average depth of about 19 feet. Vessel draft for many years has exceeded this depth, requiring dredging. Furthermore the draft of modern vessels continue to increase. Currently, the newest vessels have drafts in excess of 50 feet. The shallow harbor requires continued dredging and even deepening of channels to accommodate deeper draft vessels. The current estimate for annual dredging averages in excess of 8.2 million cubic yards through 2010. This figure includes both maintenance and new work projects. The second problem is caused by anthropogenic (human generated) industrial activity that adds pollutants to the Port sediments. Currently, between 67 and 75% of the annual dredging volume may contain contaminants at concentrations that require special sites and handling to dispose of the dredged material to protect the marine and estuarine environment and biota. The Port is a vital economic and environmental resource to the entire region and the nation. Dredging must occur in order that the Port of New York/New Jersey (PANY/NJ) remain a viable port for shipping in the future. Failure to do this, risks the loss of some 166,600 jobs and over $25 billion in commerce per year. There is also an opportunity to develop plans to safely place dredged material while investigating means of protecting and restoring the Port of New York/New Jersey's estuary. The Port stakeholders have met monthly under the Dredged Material Management Integration Work Group (DMMIWG) for the last several years. This work group represents the Federal and state governments including regulatory and government resources agencies, the State of New York and New Jersey, the Port Authority of the Port of New York/New Jersey, Port users and involved stakeholder organizations. Its purpose has been to provide a forum for input to the planning process for the DMMP, and to coordinate that effort. This effort includes the Harbor Estuary Plan (HEP) and its Comprehensive Conservation and Management Plan (CCMP) signed by all the major agencies with responsibilities for the port and its environment. In addition to this, formal group meetings are held monthly among port planners (NYD, PANY/ NJ, States of NY and NJ) to discuss future needs and disposal/ management options for the long-term. Other meetings have been held with local interested parties including working groups assembled by the borough presidents of Brooklyn and Staten Island. The Corps of Engineers has held scoping meetings with the public on this plan. Public meetings included poster sessions on various options and the overall planning process during February through April 1997. Scoping meetings that included posters explaining the scope of the EIS, followed by question/answer periods and the opportunity to make taped statements, were held during April 1998. Written comments were also solicited and gathered at these meetings. Notices of public meetings held in 1997 and 1998 were sent out to agencies, and to more than 2,000 public officials, repositories and members of the public. Additionally, a Notice of Intent to produce a PEIS including an outline of the scope was published in the Federal Register on February 24, 1998. Two reports were circulated prior to the public meetings. The reports are the Interim Report (October 1996) and the Status Report (December 1997). Written comments to these reports, along with verbal comments at the meetings, were considered in revising the EIS scope, and addressing public concerns in the PEIS and DMMP. Simeon Hook, Acting Chief, Planning Division. [FR Doc. 99-23358 Filed 9-9-99; 8:45 am] BILLING CODE 3710-06-M