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EPA to Hold Public Hearing on Yazoo Pumps Project

On March 19, 2008, the Environmental Protection Agency (EPA) published in the Federal Register the "Proposed Determination To Prohibit, Restrict, or Deny the Specification, or the Use for Specification, of an Area as a Disposal Site; Yazoo River Basin, Issaquena County, MS." Pursuant to section 404(c) of the Clean Water Act, EPA is announcing its intent to hold a public hearing regarding this Proposed Determination on April 17, 2008, at 7 p.m. at the Vicksburg Convention Center and Auditorium (Exhibit Hall A), located at 1600 Mulberry Street, Vicksburg, MS 39180.

Section 404(c) authorizes EPA to prohibit, restrict, or deny the discharge of dredged or fill material at defined sites in waters of the United States (including wetlands) whenever it determines, after notice and opportunity for public hearing, that use of such sites for disposal would have an unacceptable adverse impact on one or more of various resources, including fisheries, wildlife, municipal water supplies, or recreational areas.

Yazoo Backwater Area Project

The Yazoo Backwater Area Project is a U.S. Army Corps of Engineers Civil Works proposal designed to address flooding concerns affecting 630,000 acres of land between the Mississippi and Yazoo Rivers. The primary component of this project is a 14,000 cubic feet per second pumping station that will pump rainwater out of the Delta during high water events on the Mississippi River. The construction and operation of the proposed pumps would degrade the critical functions and values of approximately 67,000 acres of wetland resources in the Yazoo River Basin. EPA believes that these extensive hydrological modifications of wetlands in the Yazoo River Basin could have an unacceptable adverse effect on fisheries and wildlife resources.

Solicitation of Comments

EPA is seeking comment on its Proposed Determination to prohibit or restrict the use of certain waters in the Yazoo River Basin in Issaquena County, Mississippi, as disposal sites for dredged or fill material in connection with the proposed Yazoo Backwater Project. EPA is soliciting comments on issues discussed in this and in the March 19, 2008, Federal Register Notice. In particular, we request information on the likely adverse impacts to fish and wildlife values of all of the wetlands, streams, and other waters in all areas which would be affected by the construction and operation of the proposed pumping station. We also seek information pertaining to the flora, fauna, and hydrology of the Yazoo Backwater Area. All relevant data, studies, knowledge of studies, or informal observations are appropriate. Information on species or communities of regional or statewide importance would be especially useful. EPA recognizes the importance of improved flood protection for the people living and working in the Yazoo Basin, which includes low-income and minority populations. However, EPA continues to believe there are other options for flood protection that would benefit all communities within the Yazoo Backwater Area, with significantly less environmental damage. EPA is committed to participating in discussions with other Federal and State agencies, and the public, concerning the best way to provide flood protection while protecting wetlands and other natural resources.

Hearing Procedures

EPA will designate the official who will preside at the public hearing. Any person may appear at the hearing and submit oral and/or written statements or data and may be represented by counsel or other authorized representatives. The Presiding Officer will establish reasonable limits on the nature and length of time for oral presentation. There will be no cross examination of any hearing participant, although the Presiding Officer may make appropriate inquiries of any such participant.

Other Ways to Comment

In addition to providing written and/or oral comments at the public hearing, you may also provide comments through one of the other ways described in the March 19, 2008, Federal Register Notice which can be reviewed by one of the following methods. The public comment period will extend until May 5, 2008.

  1. Download a copy at: http://www.epa.gov/404c/
  2. By reviewing the Proposed Determination at EPA Region 4's offices at 61 Forsyth Street, SW; Atlanta, Georgia 30303-8960 during the Regional Office's normal hours of operation, which are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
  3. By requesting a copy of the Proposed Determination from EPA Region 4's offices at: Mr. Ronald J. Mikulak, Wetlands Regulatory Section; Wetlands, Coastal and Nonpoint Source Branch; Water Management Division; U.S. Environmental Protection Agency, Region 4; 61 Forsyth Street, SW; Atlanta, Georgia 30303-8960. The telephone number is 404-562-9233. Mr. Mikulak can also be reached via electronic mail at mikulak.ronald@epa.gov or Mr. William Ainslie, Wetlands Regulatory Section, at the same address above. The telephone number is (404) 562-9400. Mr. Ainslie can also be reached via electronic mail at ainslie.william@epa.gov

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