Notice of Intent To Prepare a Draft Tiered Environmental Impact Statement for the New York and New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study, 51392-51395 [2022-18029]

Agencies

• DEPARTMENT OF DEFENSE
• United States Army Corps of Engineers

[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51392-51395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18029]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army, U.S. Army Corps of Engineers


Notice of Intent To Prepare a Draft Tiered Environmental Impact 
Statement for the New York and New Jersey Harbor and Tributaries 
Coastal Storm Risk Management Feasibility Study

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of intent.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the requirements of the National Environmental 
Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) New York 
District is preparing an integrated Draft Feasibility

[[Page 51393]]

Report/Tiered Environmental Impact Statement (EIS) for the New York and 
New Jersey Harbor and Tributaries Coastal Storm Risk Management 
Feasibility Study (NYNJHATS). The study is assessing the feasibility of 
coastal storm risk management alternatives to be implemented within the 
defined study area with a specific emphasis on the New York and New 
Jersey Harbor, including Upper and Lower Bays, Newark Bay, Raritan Bay, 
Sandy Hook Bay, Jamaica Bay, Gravesend Bay, Sheepshead Bay, as well as 
other Bays, the tidally affected stretches of the Passaic and 
Hackensack Rivers, and the Hudson River to Troy, New York, as well as 
numerous other tributaries that discharge into New York Harbor. This is 
the third Notice of Intent to be published for this study.

DATES: Comments and suggestions must be submitted by September 21, 
2022.

ADDRESSES: Pertinent information about the study can be found at: 
https://www.nan.usace.army.mil/NYNJHATS. Interested parties are welcome 
to send written comments and suggestions concerning the scope of issues 
to be evaluated within the Draft Tiered EIS to Cheryl R. Alkemeyer, 
NEPA Lead, Environmental Analysis Branch, Watershed Section, Planning 
Division, U.S. Army Corps of Engineers, New York District. Mail: Cheryl 
R. Alkemeyer, USACE Planning Environmental 17-421 c/o PSC Mail Center, 
26 Federal Plaza, New York, NY 10278; phone: (917) 790-8723; email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Questions about the overall NYNJHAT 
Study should be directed to Bryce Wisemiller, Project Manager, U.S. 
Army Corps of Engineers, New York District, Programs and Project 
Management Division, Civil Works Programs Branch. Mail: Bryce W. 
Wisemiller, USACE Programs and Project Management 17-401, c/o PSC Mail 
Center, 26 Federal Plaza, New York, NY 10278; Phone: (917) 790-8307; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

1. Background and Purpose and Need for Proposed Action

    In 2012, Hurricane Sandy caused considerable loss of life, 
extensive damage to development, and massive disruption to the North 
Atlantic Coast. The effects of this storm were particularly severe 
because of its tremendous size and the timing of its landfall during 
spring high tide. Twenty-six states were impacted by Hurricane Sandy, 
and disaster declarations were issued in 13 states. New York and New 
Jersey were the most severely impacted states, with the greatest damage 
and most fatalities in the New York Metropolitan Area. Flood depths due 
to the storm surge were as much as nine feet in Manhattan, Staten 
Island, and other low-lying areas within the New York Metropolitan 
Area. At the time, Hurricane Sandy was the second costliest hurricane 
in the nation's history and the largest storm of its kind to hit the 
U.S. east coast. The storm exposed vulnerabilities associated with 
inadequate coastal storm risk management measures and lack of defense 
to critical transportation and energy infrastructure.
    On January 29, 2013, President Obama signed into law the Disaster 
Relief Appropriations Act of 2013 (Public Law [Pub. L.] 113-2), to 
assist in the recovery in the aftermath of Hurricane Sandy. The USACE 
North Atlantic Division was authorized by Public Law 113-2 to commence 
the North Atlantic Coast Comprehensive Study (NACCS) to investigate 
coastal storm risk management strategies for areas impacted by the 
storm. In January 2015, USACE completed the NAACS, which identified 
high-risk areas on the Atlantic Coast warranting further investigation 
for flood risk management solutions. The NYNJHAT focus area was one of 
the three focus areas identified, along with the Nassau County Back 
Bays and the New Jersey Back Bays studies. USACE is authorized under 
Public Law 84-71, June 15, 1955 (69 Stat. 132), as modified, to conduct 
an investigation into potential coastal storm risk management solutions 
within the NYNJHAT study area.
    The USACE New York District, in partnership with the New York State 
Department of Environmental Conservation (NYSDEC) and the New Jersey 
Department of Environmental Protection (NJDEP) as the non-federal 
sponsors, are undertaking this study. In addition, the City of New York 
and the New York State Department of State are non-federal partners. 
The Feasibility Cost Sharing Agreement (FCSA) was executed on July 15, 
2016 between the USACE New York District, the NYSDEC, and NJDEP.

2. Study Area

    The study area encompasses approximately 2,150 square miles and 
includes parts of Bergen, Passaic, Morris, Essex, Hudson, Union, 
Somerset, Middlesex, and Monmouth Counties in New Jersey and 
Rensselaer, Albany, Columbia, Greene, Duchess, Ulster, Putnam, Orange, 
Westchester, Rockland, Bronx, New York, Queens, Kings, Richmond, and 
Nassau Counties in New York. The study area extends upstream on the 
Hudson River to the federal lock and dam at Troy, New York, the Passaic 
River to the Dundee Dam, and the Hackensack River to the Oradell 
Reservoir, and numerous other smaller tidally influenced tributaries to 
the harbor.

3. USACE Decision Making

    As required by the Council on Environmental Quality's Principles, 
Requirements and Guidelines for Water and Land Related Resources 
Implementation Studies all reasonable alternatives to the proposed 
federal action that meet the purpose and need will be considered in the 
Draft Tiered EIS. The focused array of alternatives formulated range 
from harbor-wide coastal storm risk management methods to land-based, 
perimeter methods, with three alternatives between. All alternatives 
are anticipated to also include complementary nonstructural measures 
and natural and nature-based features as appropriate and feasible. To 
be conservative, all other ongoing studies and projects by USACE and 
other agencies that can reasonably be expected to be funded and 
approved for construction by early 2023 are assumed to be in place as 
part of this study's assumed future ``without project'' condition.
    NEPA requires federal agencies, including USACE, to consider the 
potential environmental impacts of their proposed actions and any 
reasonable alternatives before undertaking a major federal action, as 
defined by 40 CFR 1508.18. Due to the complexity and size of the 
project the EIS will be conducted in two stages or tiers. Tiering, 
which is defined in 40 CFR 1508.28, is a means of making the 
environmental review process more efficient by allowing parties to 
``eliminate repetitive discussions of the same issues and to focus on 
the actual issues suitable for decision at each level of environmental 
review'' (40 CFR 1502.20).
    A tiered review consists of two stages: a broad-level review and 
subsequent specific detailed reviews. The broad-level review identifies 
and evaluates the issues that can be fully addressed and resolved, 
notwithstanding possible limited knowledge of the project. In addition, 
it establishes the standards, constraints, and processes to be followed 
in the specific detailed reviews. As proposed alternatives are 
developed and refined, incorporating a higher level of detail, the 
specific detailed reviews evaluate the remaining issues based on the 
policies established in the broad-level review. Together, the broad-
level review and all specific

[[Page 51394]]

detailed reviews will collectively comprise a complete environmental 
review addressing all required elements.
    A full Tier 1 and Tier 2 EIS analysis consistent with USACE 
guidance and policy will be performed for this project and will include 
a public comment period and public engagement for the respective drafts 
to elicit and incorporate public input into the EISs. The Tier 1 EIS 
will be completed as part of the feasibility study, with the Tier 2 EIS 
being done if and when the project advances to the next phase of 
development, the preconstruction, engineering and design phase. Tiering 
NEPA expedites the resolution of big-picture issues so that subsequent 
studies can focus on project-specific impacts and issues. Tiering also 
allows environmental analyses for each Tier 2 project to be conducted 
closer in time to the actual construction phase, or as funds become 
available for construction.

4. Public Participation

    USACE, NYSDEC, and NJDEP hosted three agency workshop meetings in 
January and February 2017, with representatives from over 100 federal 
and state agencies, as well as representatives from local agencies and 
towns. The purpose of those meetings was to receive input on the scope 
of the study, the problems, needs, opportunities and constraints for 
the study, and to identify additional stakeholders and areas of 
unaddressed coastal storm risk.
    USACE initially announced the preparation of an integrated 
Feasibility Report/Tiered EIS for study in the February 13, 2018 
Federal Register. The 45-day NEPA scoping period (July 6-August 20, 
2018) was extended to November 5, 2018 based on requests from elected 
officials and the public. Nine public NEPA scoping meetings were held 
throughout the study area. Subsequent to the publication of the 
February 13, 2018 NOI, the NYNJHATS was granted an exemption from the 
requirement to complete the feasibility study within 3 years, as 
required in section 1001(a) of the Water Resources Reform and 
Development Act of 2014. This exemption was granted on October 31, 2018 
on an interim basis, and allowed for an additional 15 months to 
complete the Draft Integrated Feasibility Report and Tier 1 EIS. 
Therefore, in order to align the revised study schedule with the 
Council on Environmental Quality's NEPA Implementing Regulations (40 
CFR parts 1500-1508), a Notice to Withdraw the original NOI was 
published in the February 13, 2019 Federal Register.
    To further provide the public with study information prior to the 
draft report, an Interim Report was released on February 19, 2019 that 
detailed the preliminary economic, environmental, engineering and other 
analyses performed to date for the above referenced alternatives. Eight 
public meetings related to the Interim Report were held. USACE 
published a second NOI in the January 13, 2020 Federal Register but 
shortly after its publication the study was substantially curtailed due 
to lack of funding. A second Notice to Withdraw was published in the 
Federal Register on June 1, 2020. In October of 2021 the study was 
restarted with the resumption of federal funding and USACE is preparing 
for the release of a Draft Tiered EIS in late September of 2022. 
Comments, concerns and information submitted to USACE during the 
scoping period and since the Interim Report's release are being 
evaluated and considered during the development of the Draft Tiered 
EIS.

5. Lead and Cooperating Agencies

    USACE is the lead federal agency for the preparation of this Tiered 
EIS in order to meet the requirements of the NEPA and the NEPA 
Implementing Regulations of the President's Council on Environmental 
Quality (40 CFR 1500-1508). The following agencies have accepted the 
invitation to be Cooperating Agencies: U.S. Coast Guard, the U.S. 
Environmental Protection Agency, the U.S. Fish and Wildlife Service, 
the National Marine Fisheries Service, the National Park Service, and 
the Federal Emergency Management Agency. The preparation of a Tiered 
EIS will be coordinated with New York State, New Jersey State, the City 
of New York, and local municipalities with discretionary authority 
relative to the proposed actions.

6. Proposed Action and Study Alternatives

    Early in the study and during the scoping period, USACE engaged 
with stakeholders and the public to seek input on the purpose and need 
and the proposed study alternatives. Six alternatives, including the No 
Action Alternative, were identified, and will be presented in the Draft 
Integrated Feasibility Report/Tiered EIS: Alternative 1--No Action 
Alternative; Alternative 2--NY/NJ Harbor-Wide Gate/Beach Restoration; 
Alternative 3a--Multiple Bay/Basin Gate/Floodwall/Levee; Alternative 
3b--Multiple Bay/Basin Gate/Floodwall/Levee; Alternative 4--Single 
Water Body gate/Floodwall/Levee; and, Alternative 5--Perimeter Only 
Solutions. Additional information on the Action Alternatives can be 
found on the NYNJHATS website at https://www.nan.usace.army.mil/NYNJHATS.

7. Study Schedule

    The current NYNJHAT Study schedule anticipates a release of the 
Draft Integrated Feasibility Report/Tiered EIS in September 2022, with 
a public review and comment period occurring between September--
December 2022. The Agency Decision Milestone is anticipated to occur in 
April 2023, with a Final Integrated Feasibility Report/Tiered EIS 
scheduled for January 2024 and a Chief of Engineers Report currently 
approved to be completed no later than June 2024.

8. Anticipated Impacts, Permits, and Authorizations

    An EIS is required when impacts are anticipated to be significant 
to one or more resources as a result of a federal action. The Draft 
Tiered EIS will analyze the full range of direct, indirect, and 
cumulative impacts of the alternatives to include effects from 
construction and operation of tide gates and storm surge barriers, 
levees, floodwalls, seawalls, deployable traffic and pedestrian gates 
as well as several other structural and non-structural measures as well 
as natural and nature-based features where appropriate and feasible. 
Potentially significant issues to be analyzed include impacts to waters 
of the United States (including wetlands), aquatic resources, and 
endangered and threatened species and their habitats. Other impacts 
that will be analyzed include hydrology and water quality, air quality, 
land use, navigation, cultural resources, aesthetics, environmental 
justice, community cohesion, recreation, transportation and traffic, 
and community services. Anticipated permits and authorizations will 
depend on the selected Action Alternative and may include a need for 
mutual acceptability with the Department of Interior for measures 
located on National Park Service land. In addition, many other federal, 
state, and local authorizations will be required for the Project. 
Applicable federal laws include the Endangered Species Act, Magnuson-
Stevens Fishery Conservation and Management Act, Marine Mammals 
Protection Act, Rivers and Harbors Act, Clean Water Act, and the 
Coastal Zone Management Act. USACE is also conducting government-to-
government Tribal consultations.
    USACE has chosen to use the NEPA process to fulfill its obligations 
under the National Historic Preservation Act (NHPA). While USACE's 
obligations

[[Page 51395]]

under the NEPA and the NHPA are independent, the regulations 
implementing section 106 of the NHPA, at 36 CFR 800.8(c) allow the NEPA 
process and documentation to substitute for various aspects of the NHPA 
review. This process is intended to improve efficiency, promote 
transparency and accountability, and support a broadened discussion of 
potential effects that a project could have on the human environment. 
During preparation of the Draft Tiered EIS USACE will ensure that the 
NEPA process will fully meet all NHPA obligations.
    USACE invites all affected federal, state and local agencies, 
affected Native American Tribes, and other interested parties, and the 
general public to comment on the scope of this Draft Tiered EIS and to 
provide input into the potential significant impacts associated with 
the alternatives. Additional information including the Interim Report 
can be viewed at the study website: https://www.nan.usace.army.mil/NYNJHATS.

    Dated: August 16, 2022.
Reinhard W. Koenig,
Programs Director, North Atlantic Division.
[FR Doc. 2022-18029 Filed 8-19-22; 8:45 am]
BILLING CODE 3720-58-P