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Intent To Prepare a Legislative Environmental Impact Statement, for the Proposed Mississippi River--Gulf Outlet Deep Draft De- Authorization (3-D), LA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 13, 2007 (Volume 72, Number 71)]
[Notices]
[Page 18641-18643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap07-46]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Intent To Prepare a Legislative Environmental Impact Statement,
for the Proposed Mississippi River--Gulf Outlet Deep Draft De-
Authorization (3-D), LA
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
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SUMMARY: This notice of intent (NOI) is for the Mississippi River--Gulf
Outlet (MRGO) 3-D Project. This notice of intent addresses the
Federally authorized navigation channel located in southeastern Louisiana.
FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
and Legislative Environmental Impact Statement can be answered by: Mr.
Sean P. Mickal, 504 862-2319, CEMVN-PM-RS, P.O. Box 60267, New Orleans,
LA 70160-0267.
SUPPLEMENTARY INFORMATION: The MRGO is a Federally-authorized 36-foot
deep, 500-foot bottom width waterway which allows deep-draft access to
New Orleans area port facilities via a shorter route than using the
Mississippi River. Congress authorized MRGO channel
[[Page 18642]]
construction in the River and Harbor Act of 1956. Public Law 84-445, 70
Stat. 65 states: ``Be it enacted by the Senate and House of
Representatives of the United States of America Congress assembled,
that the existing project for the Mississippi River, Baton Rouge to the
Gulf of Mexico, is hereby modified to provide for the Mississippi
River-Gulf Outlet to be constructed under the direction of the
Secretary of the Army and supervision of the Chief of Engineers,
substantially in accordance with the recommendation of the Chief of
Engineers contained in House Document 245, Eighty-Second Congress, at
an estimated cost of $88,000,000 * * .*''
The LEIS would accompany the MRGO 3-D report to Congress being
prepared to aid in identifying a comprehensive plan for de-authorizing
deep-draft navigation on the MRGO from the Gulf Intracoastal Waterway
(GIWW) to the Gulf of Mexico. Public Law 109-234, the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006, reads in part: ``* * * the Secretary of
the Army, acting through the Chief of Engineers, utilizing $3,300,000
of the funds provided herein shall develop a comprehensive plan, at
full Federal expense, to de-authorize deep-draft navigation on the
Mississippi River-Gulf Outlet, Louisiana, extending from the Gulf of
Mexico to the Gulf Intracoastal Waterway: Provided further, That, not
later than 6 months after the date of enactment of this Act, the
Secretary shall submit an interim report to Congress comprising the
plan: Provided further, That the Secretary shall refine the plan, if
necessary, to be fully consistent, integrated, and included in the
final report to be issued in December 2007 for the Louisiana Coastal
Protection and Restoration Plan.''
1. Proposed Action and Reasonable Alternatives: Congress has
directed the Secretary of the Army, acting through the Chief of
Engineers, to plan for de-authorization of deep-draft navigation on the
MRGO. Congress has authorized the United States Army Corps of Engineers
(USACE) to prepare a comprehensive plan to de-authorize deep-draft
navigation on the MRGO channel and has also encouraged the USACE to
identify any measures for hurricane and storm damage reduction. An
Interim Report titled, Mississippi River Gulf Outlet, Deep-Draft De-
Authorization, Interim Report to Congress, was submitted to Congress in
December 2006. The Interim Report compared options for a comprehensive
plan for de-authorization of deep-draft navigation on the MRGO. The
Final Report and LEIS would identify a tentatively selected plan and
that tentatively selected plan would be integrated with the on-going
Louisiana Coastal Protection and Restoration Study (LACPR).
Alternative 1 (Interim Report Option 2a)--Construct a Dam across
the MRGO at Bayou La Loutre: The existing Congressional authorization
for the MRGO channel would either be modified or a new authorization
would be recommended to de-authorize deep-draft navigation and
construct a dam. No additional Federal funds would be appropriated to
maintain any navigation channel on the MRGO between the GIWW and the
Gulf of Mexico; except authority may be requested to maintain existing
wetland protection features along the MRGO. The dam would be
constructed just south of Bayou La Loutre and would tie in with the
southern Bayou La Loutre Ridge to completely block the MRGO channel.
The structure would not allow passage of vessels traveling the length
of the MRGO. Relic features, such as jetties and aids to navigation,
would be considered for removal and/or reapplication. Construction of
the closure would be completed within two years of authorization,
pending receipt of Congressional appropriations.
Alternative 2 (Interim Report Option 2a (phased))--Construct a Dam
across the MRGO at Bayou La Loutre in Two Phases (Construct a Weir in
Phase I; convert Weir to a full-closure dam in Phase II when depth of
any portion of the channel measures 14 feet or less): The existing
Congressional authorization for the MRGO channel would either be
modified or a new authorization would be recommended to de-authorize
deep-draft navigation and construct a dam. No additional Federal funds
would be appropriated to maintain any navigation channel on the MRGO
between the GIWW and the Gulf of Mexico; except authority may be
requested to maintain existing wetland protection features along the
MRGO. A dam would be constructed just south of Bayou La Loutre in two
phases and would tie in with the southern Bayou La Loutre Ridge to
totally block the MRGO channel. The first phase would be construction
of a dam containing a weir 125-feet wide by 14 feet deep (The weir
would be set at 14 feet to allow safe passage of 12-foot draft
vessels). Once any reach of the channel shoaled in to a depth of less
than 14-feet, the second phase of construction would begin. It is
estimated that some reaches of the MRGO would become impassible to
vessels greater than a 12-foot draft in approximately 2014. The second
phase of construction would complete total closure of the MRGO by
closing the weir. The completed structure would not allow passage of
vessels traveling the length of the MRGO. Relic features, such as
jetties and aids to navigation, would be considered for removal and/or
reapplication. Phase one construction of the closure would be completed
within two years of receipt of Congressional appropriations; and phase
two would be completed when the depth of the navigation channel is less
than 14 feet deep and Congressional appropriations are provided.
Alternative 3 (Interim Report Option 3)--Cease All MRGO Navigation
Channel Operations and Maintenance Dredging: The existing Congressional
authorization for the MRGO channel would either be modified or a new
authorization would be recommended to de-authorize deep-draft
navigation. No additional Federal funds would be appropriated to
maintain any navigation channel on the MRGO between the GIWW and the
Gulf of Mexico; except authority may be requested to maintain existing
wetland protection features along the MRGO. Relic features, such as
jetties and aids to navigation, would be considered for removal and/or
reapplication. Under this option, commercial and recreational shallow-
draft vessels could still use the MRGO until the navigation channel
shoals in to a depth prohibiting navigation. It is estimated that some
reaches of the MRGO would become impassible to vessels greater than a
12-foot draft by approximately 2014.
2. Stakeholder Involvement: Stakeholder involvement for this
proposed action is integral to the project. Interested parties,
concerned citizens, other state and Federal agencies, and private and
not for profit or non-governmental organizations are strongly
encouraged to participate in the development of the proposed action.
Stakeholder meetings would be held throughout project development.
Meeting announcements would be made as information becomes available.
3. Significant Issues: The list of important resources and issues
that would be evaluated in the EIS include, but are not limited to
tidally influenced coastal wetlands (marshes and swamps), fisheries
resources, wildlife resources, essential fish habitat, water quality,
air quality, threatened and endangered species, recreation resources,
and cultural resources. Socioeconomic items that would be evaluated in
the EIS include navigation, business and industrial activity,
employment, and community cohesion.
[[Page 18643]]
4. Interagency Coordination and Cooperation: The following agencies
have been informally invited to participate in the study on the LEIS:
Minerals Management Service, National Marine Fisheries Service, Natural
Resources Conservation Service, U.S. Environmental Protection Agency,
U.S. Fish and Wildlife Service, U.S. Geological Service, Louisiana
Department of Environmental Quality, Louisiana Department of Natural
Resources, and the Louisiana Department of Wildlife and Fisheries. The
U.S. Fish and Wildlife Service would provide a Fish and Wildlife
Coordination Act Report. Coordination would be maintained with the U.S.
Fish and Wildlife Service and the National Marine Fisheries Service
regarding threatened and endangered species under their respective
jurisdictional responsibilities. Coordination would be maintained with
the National Marine Fisheries Service regarding essential fish habitat.
Coordination would be maintained with the Natural Resources
Conservation Service regarding prime and unique farmlands. Coordination
would be maintained with the Advisory Counsel on Historic Preservation
and the State Historic Preservation Officer. The Louisiana Department
of Natural Resources would be consulted regarding consistency with the
Coastal Zone Management Act. The Louisiana Department of Wildlife and
Fisheries would be contacted concerning potential impacts to Natural
and Scenic Streams.
5. Environmental Consultation and Review: The U.S. Fish and
Wildlife Service (USFWS) would be assisting in the documentation of
existing conditions and assessment of effects of project alternatives
through Fish and Wildlife Coordination Act consultation procedures. The
USFWS would also provide a Fish and Wildlife Coordination Act report.
Consultation would also be accomplished with the USFWS and the National
Marine Fisheries Service (NMFS) concerning threatened and endangered
species and their critical habitat. The NMFS would be consulted on the
effects of this proposed action on Essential Fish Habitat. The draft
EIS or a notice of its availability would be distributed to all
interested agencies, organizations, and individuals.
6. Public Scoping Meeting: Scoping meetings are not required (40
CFR 1506.8 Proposals for legislation (b)(1)) when preparing a LEIS.
However, as indicated in Section 2, Stakeholder Involvement, an
intensive public engagement program would continue throughout the study
to solicit input from affected or interested parties.
7. Estimated Date of Availability: The earliest date the LEIS is
expected to be available is May of 2007.
Dated: April 4, 2007.
Richard P. Wagenaar,
Colonel, U.S. Army, District Commander.
[FR Doc. E7-7086 Filed 4-12-07; 8:45 am]
BILLING CODE 3710-84-P