[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)]
[Notices]
[Pages 49167-49168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23358]


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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.

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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]
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