Department of the Army, Corps of Engineers March 2011 – Federal Register Recent Federal Regulation Documents

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the New England District, U.S. Army Corps of Engineers (Corps) has prepared a Draft Environmental Impact Statement (DEIS) to evaluate a proposed establishment of public transportation service between Boston and the Cities of New Bedford and Fall River, MA. The Massachusetts Department of Transportation (MassDOT; formerly the Executive Office of Transportation and Public Works or EOT) has submitted an application for a Department of the Army permit to discharge fill material into waters of the United States (U.S.), ranging in area from approximately 10.3 to approximately 21.5 acres (depending on the alternative selected), including wetlands, incidental to the establishment of transportation infrastructure. The Notice of Intent for preparation of the DEIS was published in the Federal Register (73 FR 64927, October 31, 2008).

The U.S. Army Corps of Engineers, Mobile District (USACE) announces its intent to prepare an Environmental Impact Statement (EIS) to assess the potential environmental impacts associated with the construction and operation of a project proposed by the Mississippi State Port Authority (MSPA). As part of the NEPA process, the Mississippi Development Authority (MDA) will be a cooperating agency in the preparation of the EIS. The National Marine Fisheries Service (NMFS) has expressed interest in acting as a cooperating agency in the preparation of the EIS. The proposed project as described in the application filed on March 17, 2010, proposed filling approximately 700 acres of open-water benthic habitat. Since submittal of the application, the proposed project footprint has been modified by the MSPA to reduce the overall potential fill required for implementation and to not include any impacts to the Gulfport Harbor Federal Navigation Channel or Turning Basin. The currently proposed project involves filling of up to 400 acres of open-water bottom in the Mississippi Sound, the construction of wharfs, bulkheads, terminal facilities, container storage areas, intermodal container transfer facilities, dredging and dredged material disposal and infrastructure, and construction of a breakwater of approximately 4,000 linear feet. The proposed expanded port facility will be elevated 25 feet above sea level to provide protection against future tropical storm surge events. The EIS will evaluate the potential impacts of the proposed project, connected actions, and alternatives. The EIS will also assist the USACE in deciding whether to issue a Department of the Army permit. The purpose of this Notice of Intent (NOI) is to inform and educate the public of the proposed project; invite public participation in the EIS process; announce the plans for a public scoping meeting; solicit public comments for consideration in establishing the scope and content of the EIS; and provide notice of potential impacts to open-water benthic habitats.