# Release of the Notice of Availability on the Final Environmental Impact Statement (FEIS) on the Disposal and Reuse of the Military Ocean Terminal, Bayonne, NJ

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-33112

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 22, 1999
- **Citation:** 64 FR 71741

## Text

DEPARTMENT OF DEFENSE

Department of the Army

Release of the Notice of Availability on the Final Environmental
Impact Statement (FEIS) on the Disposal and Reuse of the Military Ocean
Terminal, Bayonne, NJ

AGENCY: Department of the Army, DOD.

ACTION: Notice of Availability.

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SUMMARY: This FEIS was prepared by the Army in compliance with the
National Environmental Policy Act (NEPA) of 1969 and the President's
Council on Environmental Quality. The closure of the Military Ocean
Terminal, Bayonne, New Jersey (MOTBY) was mandated in accordance with
the recommendations of the Defense Base Closure and Realignment Act of
1990, Public Law 101-510, as amended (the ``BRAC law'').

DATES: The review period for the FEIS will end on or before January 21,
2000.

ADDRESSES: Questions and/or written comments regarding the FEIS, or a
request for a copy of the document may be directed to: U.S. Army Corps
of Engineers, U.S. Army Engineer District, Mobile, ATTN: CESAM-PD (Dr.
Susan Ivester Rees), 109 St. Joseph Street, Mobile, AL 36602.

FOR FURTHER INFORMATION CONTACT: Dr. Susan Ivester Rees at 334-694-4141
or by facsimile at 334-690-2727.

SUPPLEMENTARY INFORMATION: The FEIS analyzes three alternative courses
of action with respect to the disposal and subsequent reuse of the 676-
acre (440 land acres and 236 submerged land acres) comprising the
MOTBY: (1) The no action alternative, under which the property would be
maintained in a caretaker status after closure; (2) the unencumbered
alternative, under which the Army would transfer the property without
encumbrances, such as environmental restrictions and

[[Page 71742]]

easements; and (3) the encumbered disposal alternative, under which the
Army would transfer the property with various environmental
restrictions and easements, limiting the future use of the property.
Additionally, this FEIS analyzes the potential environmental and
socioeconomic consequences of three community reuse alternative; (1)
Low intensity reuse alternative; (2) low-medium intensity reuse
alternative; and (3) medium intensity reuse alternative.
The FEIS concludes the no action alternative is not reasonable
since the closure of MOTBY is mandated by BRAC law, and the Army has no
requirement to retain the property. The FEIS also concludes that the
unencumbered disposal alternative is not feasible given environmental
conditions and legal requirements.
The Army's preferred alternative course of action is the encumbered
disposal of excess property. Possible encumbrances include: convenants
and restrictions pertaining to asbestos-containing material; lead-based
paint; floodplaints; future remedial activities after transfer,
wetlands and easements; and rights-of-way.
Community reuse of the MOTBY property is analyzed in the FEIS as a
secondary action resulting from closure and disposal by the Army. While
the Army does not control the community's reuse of the property, under
NEPA, the Army is required to analyze the reasonably foreseeable
impacts of its disposal action. The local community has established the
Bayonne Local Redevelopment Authority (BLRA) to develop and implemented
a reuse plan for the installation. Approval and implementation of the
reuse plan are within the discretion of the BLRA.
Comments on the FEIS, received during the public comment period,
will be used in preparing the Army's Record of Decision.
Copies of the FEIS have been forwarded to the EPA, other federal,
state, and local agencies; public officials; and organizations and
individuals who previously provided substantive comments in the EIS
scoping process. Copies of the FEIS are avaialble for review at the
following libraries. The Bayonne Free Public Library, 697 Avenue C,
Bayonne, NJ 07002-2806; the Jersey City Public Library, 472 Jersey
Avenue, Jersey City, NJ 07302; and the Newark Public Library, 5
Washington Street, Newark, NJ 07102.

Dated: December 14, 1999.
Raymond J. Fatz,
Deputy Assistant Secretary of the Army, (Environment, Safety and
Occupational Health) OASA (I&E).
[FR Doc. 99-33112 Filed 12-21-99; 8:45 am]
BILLING CODE 3710-08-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-33112. Public record. Not legal advice.