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

Federal RegisterMar 31, 1999

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DEPARTMENT OF DEFENSE

Department of the Army

Release of the Notice of Availability on the Draft Environmental

Impact Statement (DEIS) 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 DEIS 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

[[Page 15354]]

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 DEIS will end 45 days after

publication of the NOA in the Federal Register by the U.S.

Environmental Protection Agency (EPA).

ADDRESSES: Questions and/or written comments regarding the DEIS, or a

request for a copy of the document may be directed to: U.S. Army Corps

of Engineers, ATTN: Dr. Susan Ivester Rees, U.S. Army Engineer

District, Modile (CESAM-PD), 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 DEIS analyzes three alternative courses

of action with respect to the disposal and subsequent reuse of the 676

acres (440 land acres and 236 submerged land acres) comprising the

Military Ocean Terminal, Bayonne (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 easements; and (3) the encumbered

disposal alternative, under which the Army would transfer the property

with various environmental restrictions and easement, limiting the

future use of the property. Additionally, this DEIS analyzes the

potential environmental and socioeconomic consequences of three

community reuse alternatives: (1) low intensity reuse alternative; (2)

Low-medium intensity reuse alternative; and (3) medium intensity reuse

alternative.

The DEIS 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 DEIS 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: covenants

and restrictions pertaining to asbestos-containing material; lead-based

paint; floodplains; future remedial activities after transfer; wetlands

and easements; and rights-of-way.

Community reuse of the MOTBY property is analyzed in the DEIS 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 implement a

reuse plan for the installation. Approval and implementation of the

reuse plan are within the discretion of the BLRA.

A public meeting will be held during the 45-day DEIS comment period

to afford the public the opportunity to provide oral and written

comments on the DEIS. The location and time of the meeting will be

announced in local newspapers at least 15 days prior to the meeting.

Verbal comments made at the public meeting and written comments

received during the comment period will be used in the preparation of

the Final EIS and Record of Decision.

Copies of the DEIS 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 DEIS are available 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: March 25, 1999.

Raymond J. Fatz,

Deputy Assistant Secretary of the Army, (Environment, Safety and

Occupational Health), OASA(I&E).

[FR Doc. 99-7865 Filed 3-30-99; 8:45 am]

BILLING CODE 3710-08-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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