Interested parties are hereby notified that a request for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) has been received and will be evaluated by the New Orleans District (CEMVN). Written comments, including any objections to the proposed alteration, stating reasons therefor, are being solicited from anyone having an interest in the requested alteration. Comments must be mailed or emailed by or before the last day of the comment period and must reference the file number of this public notice. Comments will become part of the record and will be considered in the decision on the request. See below for contact information and address. The proposed action could alter the Greater New Orleans, Hurricane and Storm Damage Risk Reduction System (HSDRRS), West Bank and Vicinity, Louisiana (WBV) project, WBV-16.2 levee reach in Jefferson Parish, Louisiana.
REQUESTED ALTERATION: The proposed action consists of the construction of a levee crown straddle lift to El. +15.5 feet with 4H:1V side slopes for the WBV-16.2b earthen levee section (Figures 1-3). The work to be completed includes raising both the levee section and the associated stability berms, while also modifying and extending the existing sheet pile I-wall. This proposed project is necessary to restore and sustain the level of risk reduction at or above the required 1% annual exceedance probability elevation for 2057 and maintain it for up to ten years, as required for National Flood Insurance Program (NFIP) accreditation. The elevation required for this earthen levee section is EL.+14.0 feet (NAVD88) in year 2057. This proposed lift elevation will sustain the required level of risk reduction (one percent annual exceedance probability (AEP).
PROPOSED BORROW:
1) River Birch Borrow Area is located in Jefferson Parish, Louisiana. There are three sites owned by River Birch, Incorporated and HWY-90, LLC (Figure 4), that would eventually be utilized as a landfill. The landfill is the primary use of the site, and borrow excavation is considered a secondary use. The sites are located on Highway 90 approximately 0.7 miles west of Live Oak Boulevard in Jefferson Parish, Louisiana. This borrow site is approximately seven miles from the proposed levee work.
a. River Birch Phase 1 – The IER #19 cleared approximately 9.7 acres for excavation in 2008. This was estimated to provide approximately 20,000 cy of suitable borrow material. This site has been used by CEMVN HSDRRS contractors since 2008.
b. River Birch Phase 2 – The IER #19 cleared approximately 79.4 acres for excavation in 2008. This was estimated to provide approximately 3,500,000 cy of suitable borrow material. This site has been used by CEMVN HSDRRS contractors since 2008.
c. River Birch South Kenner Road - IER #26 cleared approximately 240 acres for excavation in 2008. There are no bottomland hardwoods or wetlands identified with this site.
2) Edgard (formerly Willow Bend) Borrow Area is located south of River Road in St. John the Baptist Parish, Louisiana. This borrow site is approximately 45 miles from the proposed levee work (Figure 4).
a. Edgard Phase I – IER #26 cleared approximately 64 acres of farmland for excavation in 2008. The site has been used by CEMVN HSDRRS contractors since 2008.
b. Edgard Phase II – IER #29 cleared approximately 496-acres of farmland for excavation in 2009. The site includes approximately 76.2 acres of non-jurisdictional bottomland hardwoods in portions of the property. The removal of BLH for this proposed action is not authorized. The site has been used by CEMVN HSDRRS contractors since 2009.
3) KV Enterprises Borrow Area (Figure 5) is located off Highway 3127 in St. Charles Parish, Louisiana. This borrow site is approximately 36 miles from the proposed levee work.
REQUESTER: The Southeast Louisiana Flood Protection Authority – West
PERMISSION AUTHORITY: The authority to grant permission for temporary or permanent use, occupation, or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project.
LOCATION OF PROPOSED ACTION: The proposed action is located within the Bayou Segnette Complex in Jefferson Parish, Louisiana. See attached figures for location details.
WRITTEN COMMENTS MAY BE MAILED TO:
Department of the Army
Corps of Engineers, New Orleans District
ATTN: Thomas Sevick (CEMVN-PDS)
7400 Leake Avenue
New Orleans, Louisiana 70118
WRITTEN COMMENTS MAY BE EMAILED TO: thomas.sevick@usace.army.mil
ALL comments must contain the full name and address of the individual commenting and must be received by the USACE by the expiration of the public notice period.
EVALUATION: This request will be reviewed pursuant to Section 408 and USACE Engineering Circular (EC) 1165-2-220, which provides policy and procedural guidance for processing requests to alter USACE civil works projects.
EVALUATION: This request will be reviewed pursuant to Section 408 and USACE Engineering Circular (EC) 1165-2-220, which provides policy and procedural guidance for processing requests to alter USACE civil works projects.
The decision whether to grant permission for the requested alteration will be based on several factors. The benefits that reasonably may be expected to accrue from the proposal will be balanced against its reasonably foreseeable detriments. Review of the requests for modification will be reviewed by a USACE technical review team considering the following factors:
1) Potential to Impair the Usefulness of the Project. Proposed alterations will be reviewed to determine whether the alteration would limit the ability of the USACE project to function as authorized, or would compromise or change any authorized project conditions, purposes, or outputs. If USACE determines that the usefulness of the authorized project would be impaired, the request will be denied.
2) Potential to be Injurious to the Public Interest. Proposed alterations will be reviewed to determine the probable impacts, including cumulative impacts, on the public interest. Factors that may be relevant to the public interest depend upon the type of USACE project being altered and may include, but are not limited to, such things as conservation, economic development, historic properties, cultural resources, environmental impacts, water supply, water quality, flood hazards, floodplains, residual risk, induced damages, navigation, shore erosion or accretion, and recreation. This evaluation will consider information received from the interested parties, including tribes, agencies, and the public. The decision whether to approve an alteration will be determined that the proposed alteration is injurious to the public interest.
3) Environmental Compliance. A decision on a Section 408 request is a Federal action and is subject to the National Environmental Policy Act (NEPA) and other environmental compliance requirements. USACE is preparing an Environmental Assessment to evaluate the potential impacts of the proposed alteration on important resources. Comments received on this public notice will be used in the evaluation. The EA will not be published for public comment as this notice fulfills NEPA requirements for public participation. Any comments regarding the proposed alteration should be submitted during the current public comment period.
While ensuring environmental compliance is the responsibility of USACE, the requester is responsible for providing all information that USACE identifies as necessary. Environmental compliance requirements that will be considered in this evaluation include but are not limited to the following:
a. Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) directs all Federal agencies to ensure that any action they authorize, fund, or carry-out does not jeopardize the continued existence of an endangered or threatened species including adverse modification of their critical habitat.
b. In accordance with Section 106 of the National Historic Preservation Act (NHPA), the USACE is required to take into account the effects of any permitted action to historic properties, which includes both archaeological resources on the surface or below ground, as well as historic buildings and structures that are listed in or are eligible for listing in the National Register of Historic Places. If determined necessary, the USACE will also consult with Indian Tribes in accordance with Section 101(d)(6)(B) of the NHPA, the USACE Tribal Consultation Policy, and Executive Order 13175, "Consultation and Coordination with Indian Tribal Governments."
c. The Coastal Zone Management Act (“CZMA”) requires that "each federal agency conducting or supporting activities directly affecting the coastal zone shall conduct or support those activities in a manner which is, to the maximum extent practicable, consistent with approved state management programs.
All factors that may be relevant to the proposal will be considered, including the potential cumulative effects associated with the proposed project. The review will consider the potential impact to the usefulness of the Federal project and whether the proposed alteration would be injurious to the public interest. Policy and legal compliance will also be considered.
USACE is soliciting comments from interested parties to evaluate the potential impacts of the proposed alteration. Comments will be considered to assess impactson the public interest factors listed above, as well as endangered species, historic properties, water quality, and general environmental effects. Comments will be used for environmental compliance coordination as required by NEPA.
COORDINATION: This public notice will be coordinated with the relevant State, Federal and Tribal entities as appropriate.
Issuance of this notice does not imply Corps of Engineers endorsement of the project as described.
If you have any questions, please contact Thomas Sevick, Project Manager, by telephone at 504-862-1959 or via email at thomas.sevick@usace.army.mil.
FOR THE DISTRICT COMMANDER:
Full Public Notice can be found
here