Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Mid-Breton Sediment Diversion, in Plaquemines Parish, Louisiana, 39892-39894 [2020-14031]
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39892
Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices
Requests for copies of the information
collection proposal should be sent to
Ms. James at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil.
Dated: June 26, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–14242 Filed 7–1–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Mid-Breton Sediment
Diversion, in Plaquemines Parish,
Louisiana
U.S. Army Corps of Engineers,
Defense Department (DoD).
ACTION: Notice of intent.
AGENCY:
The U.S. Army Corps of
Engineers (Corps), New Orleans District
(CEMVN), has received an application
for a U.S. Department of Army (DA)
permit pursuant to Section 10 of the
Rivers and Harbors Act of 1899 (Section
10), Section 404 of the Clean Water Act
(Section 404), and Section 14 of the
Rivers and Harbors Act of 1899 (Section
408), from the Coastal Protection and
Restoration Authority of Louisiana
(CPRA) to construct, maintain, and
operate the Mid-Breton Sediment
Diversion Project (Breton SD or
proposed Action).
ADDRESSES: U.S. Army Corps of
Engineers, New Orleans District, Attn:
CEMVN–ODR–E, 7400 Leake Avenue,
New Orleans, Louisiana 70118.
FOR FURTHER INFORMATION CONTACT:
Questions and scoping comments
regarding the proposed Breton SD, EIS,
and DA permit process should be
directed to Mr. Brad LaBorde at U.S.
Army Corps of Engineers, New Orleans
District, Attn: CEMVN–ODR–E, 7400
Leake Avenue, New Orleans, Louisiana
70118, by phone (504) 862–2225, or by
email at CEMVN-Midbreton@
usace.army.mil. Questions and
comments concerning the Section 408
permissions should be directed to Mr.
Jeffrey Varisco at U.S. Army Corps of
Engineers, New Orleans District, Attn:
CEMVN–PPMD, 7400 Leake Avenue,
New Orleans, Louisiana 70118, by
phone (504) 862–2853, or by email at
CEMVN-Midbreton@usace.army.mil.
Commenters will be placed on a Breton
SD mailing list unless requested
otherwise.
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SUMMARY:
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The
Breton SD is proposed to be located on
the east bank of the Mississippi River,
at approximately 68 miles above ‘‘Head
of Passes’’ and south of the Towns of
Braithwaite and Scarsdale, in
Plaquemines Parish, Louisiana. The
requested Federal action associated with
the Breton SD is authorization of the
discharge of dredged or fill material into
the Waters of the United States (Section
404) and the construction of structures
and/or work that may affect navigable
waters (Section 10), and permission to
use, occupy, and alter Corps’ Civil
Works projects (Section 408) through
the issuance of a DA Section 10/404
permit and Section 408 permission.
Based on the potential impacts, both
individually and cumulatively, Federal
authorization for the proposed Action
would constitute a ‘‘major federal
action’’. The Corps intends to prepare
an Environmental Impact Statement
(EIS) in compliance with the National
Environmental Policy Act (NEPA) as
part of its decision-making process
before rendering a decision on CPRA’s
permit application. The Corps’ decision
will be to issue, issue with modification,
or deny the requested DA permit/
permissions for the proposed Action.
The EIS will assess the potential effects
of the proposed Breton SD on the
human environment (including the
natural and physical environment and
relationship of people with that
environment) and is intended to be
sufficient in scope to address Federal,
State, and local requirements and
permit reviews, and environmental and
socioeconomic issues concerning the
proposed Action. The CEMVN DA
permit number for the Breton SD is
MVN–2018–1120–EOO.
1. Project Details. The proposed
Breton SD Project is a large-scale,
complex ecosystem restoration project
intended to convey sediment, fresh
water, and nutrients from the
Mississippi River into the Breton Sound
Basin in an effort to reduce coastal land
loss and sustain surrounding wetlands.
If constructed and operated as proposed,
CPRA would maintain a base flow up to
5,000 cubic feet per second (cfs) through
the Breton SD Structure. When the
Mississippi River gage at Belle Chasse
exceeds 450,000 cfs in flow, the Breton
SD structure would ‘‘open’’ to divert
varying volumes of sediment, fresh
water, and nutrients into the Breton
Sound Basin. Maximum discharge of the
Breton SD Structure would be 75,000
cfs, reached when the Belle Chasse gage
measures 1,000,000 cfs.
The proposed Breton SD gated intake
would impact the Mississippi River
batture on the east bank, or left
SUPPLEMENTARY INFORMATION:
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descending bank, of the Mississippi
River, at approximately 68 miles above
‘‘Head of Passes’’ and extend eastward,
with the conveyance structure and
guide levees extending through the
Mississippi River Levee, Louisiana
Highway 39, and the non-Federal back
levee south of the Towns of Braithwaite
and Scarsdale, Louisiana. The Breton
SD structure would terminate at the
outfall channel which would initially
widen to convey sediment, fresh water,
and nutrients into Breton Sound Basin
with a pilot channel connecting to River
Aux Chenes.
If constructed as proposed, the Breton
SD footprint would directly impact
approximately 309 acres of
jurisdictional wetlands and
approximately 52 acres of waters of the
U.S. The proposed Breton SD operation
will result in additional impacts, to the
Breton Sound Basin where the current
landscape is expected to be altered via
diversion-related processes such as
channelization, accretion, and delta
formation. According to CPRA, the area
to be potentially impacted within the
Breton Sound Basin encompasses 5,277
acres of existing jurisdictional wetlands
and 2,225 acres of waters of the U.S.
The Corps requires compensatory
mitigation to offset unavoidable impacts
to jurisdictional wetlands and other
aquatic resources. CPRA proposes this
project as a large scale ecosystem
restoration that is self-mitigating.
CEMVN will assess whether
compensatory mitigation is required as
part of the EIS process and permit
review.
The proposed Breton SD project
would directly and/or indirectly impact
multiple CEMVN Civil Works projects,
including but not limited to projects
within the Mississippi Rivers and
Tributaries Program such as the
Mississippi River Levee and the
Mississippi River (federal navigation)
Ship Channel.
CPRA submitted a complete joint
permit application to CEMVN and the
Louisiana Department of Natural
Resources for the proposed Breton SD
on March 11, 2019; it was advertised on
joint public notice on March 19, 2019.
Following a review of the permit
application, joint public notice
comments, related sediment diversion
sources, and based on a preliminary
assessment of the environmental
impacts, CEMVN determined that an
EIS is required due to the proposed
Action’s potential to significantly
impact the quality of the human
environment on July 31, 2019. Since
that decision, an independent thirdparty contractor was selected to draft
the EIS on behalf of CEMVN, and
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Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices
CEMVN, CPRA, and the Cooperating
Agencies (identified below), developed
the proposed Breton SD purpose and
need (identified in the following
paragraph), selected hydraulic modeling
inputs and parameters, and identified a
preliminary range of alternatives
(identified below).
The established Breton SD purpose
and need is as follows: The purpose of
the proposed Action is to reconnect and
re-establish the deltaic sediment
deposition process between the
Mississippi River and the Breton Sound
Basin through a large-scale sediment
diversion that is consistent with the
Louisiana Coastal Master Plan (LCMP)
and delivers sediment, freshwater, and
nutrients to create, preserve, restore,
and sustain wetlands to counteract the
effects of natural and man-made
disturbances, such as the Deep Water
Horizon oil spill. The proposed Action
is needed to serve as a long-term,
resilient, sustainable strategy to reduce
land loss rates and sustain and restore
wetlands altered by natural and manmade disturbances in the Breton Sound
Basin.
2. Scoping Process. Public Scoping
meetings will be held virtually,
accessible by phone and internet. The
Corps invites all affected federal, state,
and local agencies, affected Native
American Tribes, other interested
parties, and the general public to
participate in the NEPA process during
development of the EIS. The purpose of
the public scoping process is to provide
information to the public, narrow the
scope of analysis to significant
environmental issues, serve as a
mechanism to solicit agency and public
input on alternatives and issues of
concern, and ensure full and open
participation in scoping for the Draft
EIS. To ensure that all the issues related
to the proposed Breton SD are
addressed, the Corps will conduct
virtual public scoping meeting(s) to
which agencies, organizations, and
members of the general public are
invited to present comments or
suggestions with regard to the range of
actions, alternatives, and potential
impacts to be considered in the EIS.
Project and public scoping meeting
information, including information as to
where, when, and how to participate
and submit scoping comments as well
as other opportunities for public
involvement, will be available on
CEMVN’s website at: https://
www.mvn.usace.army.mil/Missions/
Regulatory/Permits/Mid-BretonSediment-Diversion-EIS/ and https://
www.mvn.usace.army.mil/Missions/
Regulatory/Public-Notices/. Notification
of Breton SD virtual scoping meetings
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will also be available via press releases,
special public notices, and on CEMVN’s
social media platforms.
3. Federal Authority. The EIS will
disclose the context and intensity of
environmental impacts, including
direct, indirect, and cumulative
impacts, of the proposed Action as
required under the Council of
Environmental Quality’s (CEQ) National
Environmental Policy Act (NEPA)
regulations at 40 CFR parts 1500–1508
and the Department of the Army’s (DA)
NEPA regulations at 33 CFR part 325,
appendix B. A reasonable range of
alternatives will be determined and
significant issues related to the
proposed Action will be identified
during agency and public scoping. As
explained below, a preliminary range of
alternatives has been developed. The
EIS will address the Public Interest
Review requirements of the DA
permitting process (33 CFR parts 320–
332), as well as the requirements of the
Clean Water Act Section 404(b)(1)
guidelines (40 CFR part 230). The EIS
will inform the CEMVN decisionmaking processes for Section 10 (33
U.S.C. 403), Section 404 (33 U.S.C.
1344), and Section 408 (33 U.S.C. 408).
Under Section 10/Section 404, the
District Engineer issues permits for the
discharge of dredged and/or fill material
into the waters of the U.S. and for work
in navigable water in the U.S., to
include installation and maintenance of
structures based on the public interest
review and Section 404(b)(1) Clean
Water Act guidelines.
Under Section 408, the Corps of
Engineers reviews requests to use,
occupy, alter or modify existing Corps
of Engineers projects. The decision
whether to grant a Section 408
permission for such use, occupation or
alteration is based on whether the
proposed Action would be injurious to
the public interest and whether it would
impair the usefulness of affected Corps
of Engineers projects.
The proposed Action is subject to
Executive Order 13807 of August 15,
2017 titled ‘‘Establishing Discipline and
Accountability in the Environmental
Review and Permitting Process for
Infrastructure Projects’’ and Title 41 of
the Fixing America’s Surface
Transportation Act (FAST–41) (42
U.S.C. 4370m, et seq.). Project
milestones established via a
Coordinated Project Plan will be
maintained and updated quarterly on
the Federal Permitting Dashboard.
Interested parties can monitor project
milestones at: https://
www.permits.performance.gov/
permitting-projects/mid-bretonsediment-diversion.
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39893
At this time, Cooperating Agencies on
the EIS include the: Environmental
Protection Agency (EPA), Department of
Interior’s U.S. Fish and Wildlife Service
(USFWS), National Oceanic and
Atmospheric Administration’s National
Marine Fisheries Service (NMFS), U.S.
Department of Agriculture’s Natural
Resources Conservation Service (NRCS),
U.S. Coast Guard (USCG), Advisory
Council on Historic Preservation
(ACHP), Louisiana’s Historic
Preservation Office (SHPO), and
Louisiana’s Department of
Transportation and Development
(LADOTD).
4. Alternatives. The EIS will address
a reasonable range of alternatives based
on the proposed Breton SD’s purpose
and need. CEMVN, through consultation
with Cooperating Agencies and CPRA,
has identified a preliminary range of
alternatives to evaluate in greater detail
in the EIS. Prospective alternatives were
developed from, but not limited to,
Breton SD public notice comments,
Mid-Barataria Sediment Diversion
scoping comments, existing studies
prepared under the Coastal Wetlands
Planning, Protection, and Restoration
Act (CWPPRA) Program and Louisiana
Coastal Area (LCA) Program, including
the LCA Medium Diversion at Myrtle
Grove with Dedicated Dredging
Feasibility Study and the LCA Medium
Diversion at White Ditch Feasibility
Study, and the 2017 Louisiana Coastal
Master Plan. CEMVN’s preliminary
range of alternatives is a sediment
diversion with maximum flows of
35,000 cfs, 75,000 cfs (CPRA’s preferred
alternative), and 115,000 cfs. Each of the
three sediment diversion alternatives
will be evaluated with two base flow
alternatives, 2,500 cfs and 5,000 cfs.
Other reasonable alternatives may be
developed based on comments received
through the NEPA scoping process.
5. Potentially Significant Issues. The
EIS will analyze the potential impacts
on the human and natural environment
resulting from the project. The scoping,
public involvement, and interagency
coordination processes will help
identify and define the range of
potential significant issues that will be
considered. Important resources and
issues to be evaluated in the EIS could
include, but are not limited to, the
direct, indirect, and cumulative effects
on tidal wetlands and other waters of
the U.S.; aquatic resources; commercial
and recreational fisheries; wildlife
resources; essential fish habitat; water
quality; cultural resources; geology and
soils including agricultural land and
prime and unique farmland; hydrology
and hydraulics; air quality; marine
mammals; threatened and endangered
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Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices
species and their critical habitats;
navigation and navigable waters;
induced flooding; employment and
incomes; land use; property values; tax
revenues; population and housing;
community and regional growth;
environmental justice; community
cohesion; public services; recreation;
transportation and traffic; utilities and
community service systems; and
cumulative effects of related projects in
the study area.
6. Environmental Consultation and
Review. The proposed Action is being
coordinated with a number of federal,
state, regional, and local agencies. In
accordance with relevant environmental
laws and regulations, CEMVN will
consult with the following agencies:
USFWS under the Fish and Wildlife
Coordination Act; USFWS and NMFS
under the Endangered Species Act;
NMFS under the Magnuson-Stevens
Fishery Conservation and Management
Act; and, the ACHP, Louisiana SHPO,
and the appropriate Tribal Historic
Preservation Officers under the National
Historic Preservation Act and integrated
NHPA/EIS process.
On March 15, 2018, NMFS issued a
Marine Mammal Protection Act
(MMPA) waiver pursuant to Title II,
Section 20201 of the Bipartisan Budget
Act of 2018 and Section 101(a)(3)(A) of
the MMPA for the Mid-Barataria
Sediment Diversion, Mid-Breton Sound
Sediment Diversion, and Calcasieu Ship
Channel Salinity Control Measures.
7. Availability. The draft EIS is
presently scheduled to be available for
public review and comment on
November 9, 2022. All comments
received throughout the review process
will become part of the project file for
the proposed Breton SD project and will
be subject to public release.
Edward E. Belk, Jr.,
Director of Programs.
[FR Doc. 2020–14031 Filed 7–1–20; 8:45 am]
BILLING CODE 3720–58–P
ELECTION ASSISTANCE COMMISSION
Sunshine Act Meetings
U.S. Election Assistance
Commission.
ACTION: Sunshine Act Notice; Notice of
Public Hearing Agenda.
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AGENCY:
Public Hearing: U.S. Election
Assistance Commission Standards
Board Annual Meeting.
DATES: Friday, July 24, 2020 1:30 p.m.–
3:30p.m. Eastern.
ADDRESSES:
Virtual via Zoom.
SUMMARY:
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The hearing is open to the public and
will be livestreamed on the U.S.
Election Assistance Commission
YouTube Channel: https://
www.youtube.com/channel/
UCpN6i0g2rlF4ITWhwvBwwZw.
FOR FURTHER INFORMATION CONTACT:
Kristen Muthig, Telephone: (202) 897–
9285, Email: kmuthig@eac.gov.
SUPPLEMENTARY INFORMATION:
Purpose: In accordance with the
Government in the Sunshine Act
(Sunshine Act), Public Law 94–409, as
amended (5 U.S.C. 552b), the U.S.
Election Assistance Commission (EAC)
will conduct a virtual annual meeting of
the EAC Standards Board to discuss the
proposed Voluntary Voting System
Guidelines (VVSG) 2.0 Requirements as
submitted by the Technical Guidelines
Development Committee (TGDC).
Agenda: The U.S. Election Assistance
Commission (EAC) Standards Board
will hold their 2020 Annual Meeting
primarily to discuss the proposed VVSG
2.0 Requirements. This meeting will
include a question and answer
discussion between board members.
Staff from NIST and the EAC will be
available to answer questions, and
provide information on the VVSG
process and the proposed VVSG 2.0
Requirements.
Board members will also review
FACA Board membership guidelines
and policies with EAC Associate
Counsel and receive a general update
about the EAC from the Executive
Director. The Board will also elect a
new member to the Executive Board
Committee and consider amendments to
the Bylaws.
Background: The VVSG 2.0
Requirements were published for a 90day public comment period that
concluded on June 22, 2020. The first
VVSG public hearing on March 27, 2020
covered an introduction to the VVSG
process as well a high-level overview of
the proposed VVSG 2.0 requirements. A
recording of the hearing is available on
the EAC’s website. The second public
hearing on May 6, 2020 addressed the
importance of VVSG 2.0 at the state and
local level, and the consideration of
accessibility and security in VVSG 2.0.
A recording of the second hearing is
available on the EAC’s website. The
third public hearing on May 20, 2020
included discussions with voting
system manufacturers and voting system
testing labs. A recording of the third
hearing is available on the EAC’s
website. The EAC Board of Advisors
held their annual meeting to discuss the
VVSG 2.0 on June 16, 2020. A recording
of the hearing is available on the EAC’s
website.
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The TGDC unanimously approved to
recommend VVSG 2.0 Requirements on
February 7, 2020, and sent the
Requirements to the then EAC Acting
Executive Director via the Director of
the National Institute of Standards and
Technology (NIST), in the capacity of
the Chair of the TGDC on March 9,
2020. Upon adoption, the VVSG 2.0
would become the fifth iteration of
national level voting system standards.
The Federal Election Commission
published the first two sets of federal
standards in 1990 and 2002. The EAC
then adopted Version 1.0 of the VVSG
on December 13, 2005. In an effort to
update and improve version 1.0 of the
VVSG, on March 31, 2015, the EAC
commissioners unanimously approved
VVSG 1.1.
The full agenda will be posted in
advance on the EAC website: https://
www.eac.gov.
Status: This hearing will be open to
the public.
Amanda Joiner,
Associate Counsel, U.S. Election Assistance
Commission.
[FR Doc. 2020–14428 Filed 6–30–20; 4:15 pm]
BILLING CODE 6820–KF–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RM98–1–000]
Records Governing Off-the-Record
Communications; Public Notice
This constitutes notice, in accordance
with 18 CFR 385.2201(b), of the receipt
of prohibited and exempt off-the-record
communications.
Order No. 607 (64 FR 51222,
September 22, 1999) requires
Commission decisional employees, who
make or receive a prohibited or exempt
off-the-record communication relevant
to the merits of a contested proceeding,
to deliver to the Secretary of the
Commission, a copy of the
communication, if written, or a
summary of the substance of any oral
communication.
Prohibited communications are
included in a public, non-decisional file
associated with, but not a part of, the
decisional record of the proceeding.
Unless the Commission determines that
the prohibited communication and any
responses thereto should become a part
of the decisional record, the prohibited
off-the-record communication will not
be considered by the Commission in
reaching its decision. Parties to a
proceeding may seek the opportunity to
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]]>Agencies
[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Notices]
[Pages 39892-39894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14031]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Mid-Breton Sediment Diversion, in Plaquemines Parish,
Louisiana
AGENCY: U.S. Army Corps of Engineers, Defense Department (DoD).
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps), New Orleans District
(CEMVN), has received an application for a U.S. Department of Army (DA)
permit pursuant to Section 10 of the Rivers and Harbors Act of 1899
(Section 10), Section 404 of the Clean Water Act (Section 404), and
Section 14 of the Rivers and Harbors Act of 1899 (Section 408), from
the Coastal Protection and Restoration Authority of Louisiana (CPRA) to
construct, maintain, and operate the Mid-Breton Sediment Diversion
Project (Breton SD or proposed Action).
ADDRESSES: U.S. Army Corps of Engineers, New Orleans District, Attn:
CEMVN-ODR-E, 7400 Leake Avenue, New Orleans, Louisiana 70118.
FOR FURTHER INFORMATION CONTACT: Questions and scoping comments
regarding the proposed Breton SD, EIS, and DA permit process should be
directed to Mr. Brad LaBorde at U.S. Army Corps of Engineers, New
Orleans District, Attn: CEMVN-ODR-E, 7400 Leake Avenue, New Orleans,
Louisiana 70118, by phone (504) 862-2225, or by email at [email protected]. Questions and comments concerning the Section
408 permissions should be directed to Mr. Jeffrey Varisco at U.S. Army
Corps of Engineers, New Orleans District, Attn: CEMVN-PPMD, 7400 Leake
Avenue, New Orleans, Louisiana 70118, by phone (504) 862-2853, or by
email at [email protected]. Commenters will be placed on a
Breton SD mailing list unless requested otherwise.
SUPPLEMENTARY INFORMATION: The Breton SD is proposed to be located on
the east bank of the Mississippi River, at approximately 68 miles above
``Head of Passes'' and south of the Towns of Braithwaite and Scarsdale,
in Plaquemines Parish, Louisiana. The requested Federal action
associated with the Breton SD is authorization of the discharge of
dredged or fill material into the Waters of the United States (Section
404) and the construction of structures and/or work that may affect
navigable waters (Section 10), and permission to use, occupy, and alter
Corps' Civil Works projects (Section 408) through the issuance of a DA
Section 10/404 permit and Section 408 permission. Based on the
potential impacts, both individually and cumulatively, Federal
authorization for the proposed Action would constitute a ``major
federal action''. The Corps intends to prepare an Environmental Impact
Statement (EIS) in compliance with the National Environmental Policy
Act (NEPA) as part of its decision-making process before rendering a
decision on CPRA's permit application. The Corps' decision will be to
issue, issue with modification, or deny the requested DA permit/
permissions for the proposed Action. The EIS will assess the potential
effects of the proposed Breton SD on the human environment (including
the natural and physical environment and relationship of people with
that environment) and is intended to be sufficient in scope to address
Federal, State, and local requirements and permit reviews, and
environmental and socioeconomic issues concerning the proposed Action.
The CEMVN DA permit number for the Breton SD is MVN-2018-1120-EOO.
1. Project Details. The proposed Breton SD Project is a large-
scale, complex ecosystem restoration project intended to convey
sediment, fresh water, and nutrients from the Mississippi River into
the Breton Sound Basin in an effort to reduce coastal land loss and
sustain surrounding wetlands. If constructed and operated as proposed,
CPRA would maintain a base flow up to 5,000 cubic feet per second (cfs)
through the Breton SD Structure. When the Mississippi River gage at
Belle Chasse exceeds 450,000 cfs in flow, the Breton SD structure would
``open'' to divert varying volumes of sediment, fresh water, and
nutrients into the Breton Sound Basin. Maximum discharge of the Breton
SD Structure would be 75,000 cfs, reached when the Belle Chasse gage
measures 1,000,000 cfs.
The proposed Breton SD gated intake would impact the Mississippi
River batture on the east bank, or left descending bank, of the
Mississippi River, at approximately 68 miles above ``Head of Passes''
and extend eastward, with the conveyance structure and guide levees
extending through the Mississippi River Levee, Louisiana Highway 39,
and the non-Federal back levee south of the Towns of Braithwaite and
Scarsdale, Louisiana. The Breton SD structure would terminate at the
outfall channel which would initially widen to convey sediment, fresh
water, and nutrients into Breton Sound Basin with a pilot channel
connecting to River Aux Chenes.
If constructed as proposed, the Breton SD footprint would directly
impact approximately 309 acres of jurisdictional wetlands and
approximately 52 acres of waters of the U.S. The proposed Breton SD
operation will result in additional impacts, to the Breton Sound Basin
where the current landscape is expected to be altered via diversion-
related processes such as channelization, accretion, and delta
formation. According to CPRA, the area to be potentially impacted
within the Breton Sound Basin encompasses 5,277 acres of existing
jurisdictional wetlands and 2,225 acres of waters of the U.S.
The Corps requires compensatory mitigation to offset unavoidable
impacts to jurisdictional wetlands and other aquatic resources. CPRA
proposes this project as a large scale ecosystem restoration that is
self-mitigating. CEMVN will assess whether compensatory mitigation is
required as part of the EIS process and permit review.
The proposed Breton SD project would directly and/or indirectly
impact multiple CEMVN Civil Works projects, including but not limited
to projects within the Mississippi Rivers and Tributaries Program such
as the Mississippi River Levee and the Mississippi River (federal
navigation) Ship Channel.
CPRA submitted a complete joint permit application to CEMVN and the
Louisiana Department of Natural Resources for the proposed Breton SD on
March 11, 2019; it was advertised on joint public notice on March 19,
2019. Following a review of the permit application, joint public notice
comments, related sediment diversion sources, and based on a
preliminary assessment of the environmental impacts, CEMVN determined
that an EIS is required due to the proposed Action's potential to
significantly impact the quality of the human environment on July 31,
2019. Since that decision, an independent third-party contractor was
selected to draft the EIS on behalf of CEMVN, and
[[Page 39893]]
CEMVN, CPRA, and the Cooperating Agencies (identified below), developed
the proposed Breton SD purpose and need (identified in the following
paragraph), selected hydraulic modeling inputs and parameters, and
identified a preliminary range of alternatives (identified below).
The established Breton SD purpose and need is as follows: The
purpose of the proposed Action is to reconnect and re-establish the
deltaic sediment deposition process between the Mississippi River and
the Breton Sound Basin through a large-scale sediment diversion that is
consistent with the Louisiana Coastal Master Plan (LCMP) and delivers
sediment, freshwater, and nutrients to create, preserve, restore, and
sustain wetlands to counteract the effects of natural and man-made
disturbances, such as the Deep Water Horizon oil spill. The proposed
Action is needed to serve as a long-term, resilient, sustainable
strategy to reduce land loss rates and sustain and restore wetlands
altered by natural and man-made disturbances in the Breton Sound Basin.
2. Scoping Process. Public Scoping meetings will be held virtually,
accessible by phone and internet. The Corps invites all affected
federal, state, and local agencies, affected Native American Tribes,
other interested parties, and the general public to participate in the
NEPA process during development of the EIS. The purpose of the public
scoping process is to provide information to the public, narrow the
scope of analysis to significant environmental issues, serve as a
mechanism to solicit agency and public input on alternatives and issues
of concern, and ensure full and open participation in scoping for the
Draft EIS. To ensure that all the issues related to the proposed Breton
SD are addressed, the Corps will conduct virtual public scoping
meeting(s) to which agencies, organizations, and members of the general
public are invited to present comments or suggestions with regard to
the range of actions, alternatives, and potential impacts to be
considered in the EIS. Project and public scoping meeting information,
including information as to where, when, and how to participate and
submit scoping comments as well as other opportunities for public
involvement, will be available on CEMVN's website at: https://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Breton-Sediment-Diversion-EIS/ and https://www.mvn.usace.army.mil/Missions/Regulatory/Public-Notices/. Notification of Breton SD virtual scoping meetings
will also be available via press releases, special public notices, and
on CEMVN's social media platforms.
3. Federal Authority. The EIS will disclose the context and
intensity of environmental impacts, including direct, indirect, and
cumulative impacts, of the proposed Action as required under the
Council of Environmental Quality's (CEQ) National Environmental Policy
Act (NEPA) regulations at 40 CFR parts 1500-1508 and the Department of
the Army's (DA) NEPA regulations at 33 CFR part 325, appendix B. A
reasonable range of alternatives will be determined and significant
issues related to the proposed Action will be identified during agency
and public scoping. As explained below, a preliminary range of
alternatives has been developed. The EIS will address the Public
Interest Review requirements of the DA permitting process (33 CFR parts
320-332), as well as the requirements of the Clean Water Act Section
404(b)(1) guidelines (40 CFR part 230). The EIS will inform the CEMVN
decision-making processes for Section 10 (33 U.S.C. 403), Section 404
(33 U.S.C. 1344), and Section 408 (33 U.S.C. 408).
Under Section 10/Section 404, the District Engineer issues permits
for the discharge of dredged and/or fill material into the waters of
the U.S. and for work in navigable water in the U.S., to include
installation and maintenance of structures based on the public interest
review and Section 404(b)(1) Clean Water Act guidelines.
Under Section 408, the Corps of Engineers reviews requests to use,
occupy, alter or modify existing Corps of Engineers projects. The
decision whether to grant a Section 408 permission for such use,
occupation or alteration is based on whether the proposed Action would
be injurious to the public interest and whether it would impair the
usefulness of affected Corps of Engineers projects.
The proposed Action is subject to Executive Order 13807 of August
15, 2017 titled ``Establishing Discipline and Accountability in the
Environmental Review and Permitting Process for Infrastructure
Projects'' and Title 41 of the Fixing America's Surface Transportation
Act (FAST-41) (42 U.S.C. 4370m, et seq.). Project milestones
established via a Coordinated Project Plan will be maintained and
updated quarterly on the Federal Permitting Dashboard. Interested
parties can monitor project milestones at: https://www.permits.performance.gov/permitting-projects/mid-breton-sediment-diversion.
At this time, Cooperating Agencies on the EIS include the:
Environmental Protection Agency (EPA), Department of Interior's U.S.
Fish and Wildlife Service (USFWS), National Oceanic and Atmospheric
Administration's National Marine Fisheries Service (NMFS), U.S.
Department of Agriculture's Natural Resources Conservation Service
(NRCS), U.S. Coast Guard (USCG), Advisory Council on Historic
Preservation (ACHP), Louisiana's Historic Preservation Office (SHPO),
and Louisiana's Department of Transportation and Development (LADOTD).
4. Alternatives. The EIS will address a reasonable range of
alternatives based on the proposed Breton SD's purpose and need. CEMVN,
through consultation with Cooperating Agencies and CPRA, has identified
a preliminary range of alternatives to evaluate in greater detail in
the EIS. Prospective alternatives were developed from, but not limited
to, Breton SD public notice comments, Mid-Barataria Sediment Diversion
scoping comments, existing studies prepared under the Coastal Wetlands
Planning, Protection, and Restoration Act (CWPPRA) Program and
Louisiana Coastal Area (LCA) Program, including the LCA Medium
Diversion at Myrtle Grove with Dedicated Dredging Feasibility Study and
the LCA Medium Diversion at White Ditch Feasibility Study, and the 2017
Louisiana Coastal Master Plan. CEMVN's preliminary range of
alternatives is a sediment diversion with maximum flows of 35,000 cfs,
75,000 cfs (CPRA's preferred alternative), and 115,000 cfs. Each of the
three sediment diversion alternatives will be evaluated with two base
flow alternatives, 2,500 cfs and 5,000 cfs. Other reasonable
alternatives may be developed based on comments received through the
NEPA scoping process.
5. Potentially Significant Issues. The EIS will analyze the
potential impacts on the human and natural environment resulting from
the project. The scoping, public involvement, and interagency
coordination processes will help identify and define the range of
potential significant issues that will be considered. Important
resources and issues to be evaluated in the EIS could include, but are
not limited to, the direct, indirect, and cumulative effects on tidal
wetlands and other waters of the U.S.; aquatic resources; commercial
and recreational fisheries; wildlife resources; essential fish habitat;
water quality; cultural resources; geology and soils including
agricultural land and prime and unique farmland; hydrology and
hydraulics; air quality; marine mammals; threatened and endangered
[[Page 39894]]
species and their critical habitats; navigation and navigable waters;
induced flooding; employment and incomes; land use; property values;
tax revenues; population and housing; community and regional growth;
environmental justice; community cohesion; public services; recreation;
transportation and traffic; utilities and community service systems;
and cumulative effects of related projects in the study area.
6. Environmental Consultation and Review. The proposed Action is
being coordinated with a number of federal, state, regional, and local
agencies. In accordance with relevant environmental laws and
regulations, CEMVN will consult with the following agencies: USFWS
under the Fish and Wildlife Coordination Act; USFWS and NMFS under the
Endangered Species Act; NMFS under the Magnuson-Stevens Fishery
Conservation and Management Act; and, the ACHP, Louisiana SHPO, and the
appropriate Tribal Historic Preservation Officers under the National
Historic Preservation Act and integrated NHPA/EIS process.
On March 15, 2018, NMFS issued a Marine Mammal Protection Act
(MMPA) waiver pursuant to Title II, Section 20201 of the Bipartisan
Budget Act of 2018 and Section 101(a)(3)(A) of the MMPA for the Mid-
Barataria Sediment Diversion, Mid-Breton Sound Sediment Diversion, and
Calcasieu Ship Channel Salinity Control Measures.
7. Availability. The draft EIS is presently scheduled to be
available for public review and comment on November 9, 2022. All
comments received throughout the review process will become part of the
project file for the proposed Breton SD project and will be subject to
public release.
Edward E. Belk, Jr.,
Director of Programs.
[FR Doc. 2020-14031 Filed 7-1-20; 8:45 am]
BILLING CODE 3720-58-P
