FINDING OF NO SIGNIFICANT IMPACT AND ENVIRONMENTAL ASSESSMENT OPERATIONS AND MAINTENANCE DREDGING AND PLACEMENT OF DREDGED MATERIAL TOLEDO HARBOR LUCAS COUNTY, OHIO DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers Buffalo District 1776 Niagara Street Buffalo, NY 14207-3199 April 2009 PUBLIC REVIEW PERIOD ENDS: ________________ FINDING OF NO SIGNIFICANT IMPACT (FONSI) OPERATIONS AND MAINTENANCE DREDGING AND PLACEMENT OF DREDGED MATERIAL TOLEDO HARBOR LUCAS COUNTY, OHIO The U.S. Army Corps of Engineers (USACE), Buffalo District has assessed the environmental impacts of the routine maintenance dredging activities at Toledo Harbor in accordance with the National Environmental Policy Act (NEPA) of 1969 and has determined a Finding of No Significant Impact (FONSI). The attached Environmental Assessment (EA) presents the results of the environmental analysis. The primary purpose of the EA is to update previous environmental documentation prepared for the dredging and dredged material placement activities at Toledo Harbor. The quality of Toledo Harbor sediments has improved to the point that the majority of the dredged material now meets U.S. Environmental Protection Agency (USEPA)/USACE guidelines for open-lake placement. Consequently, this EA addresses an increase in the quantity of material being placed in the open-lake. Toledo Harbor is located near the southwest shore of Lake Erie at the mouth of the Maumee River at the city of Toledo, Lucas County, Ohio. Appendix EA-A of the attached EA contains figures and maps depicting the Federal navigation project at Toledo Harbor. Federal navigation channels in the project area include the 18-mile Lake Approach Channel in Maumee Bay and Western Basin of Lake Erie and 7-mile River Channel in the Maumee River. These harbor channels are regularly maintenance-dredged to accommodate efficient and safe deep-draft commercial navigation. The Selected Plan is to annually dredge Toledo Harbor Federal navigation channels and manage the dredged material based on a determination as to whether it meets applicable USEPA/USACE guidelines for open-lake placement. Such a determination reflects the appropriate Federal responsibility for dredged material management. Recent sampling, testing and evaluation of sediments to be dredged from Toledo Harbor Federal navigation channels indicates that the majority of the sediments meet Federal guidelines for open-lake placement, except for those located in the River Mile 2 reach of the River Channel, which would continue to be placed in a Federal confined disposal facility (CDF). The placement of this dredged material at the designated open-lake area in the Western Basin of Lake Erie is appropriate because it would not have an unacceptable adverse impact on the aquatic ecosystem either individually or in combination with known and/or probable impacts of other activities affecting the ecosystem. The Selected Plan involves dredging of shoals within Toledo Harbor Federal navigation channels to authorized depths and widths, with the dredging of up to an additional one-foot of material to ensure adequate depth. The method of dredging would be mechanical or hydraulic, and depend on the private Contractor performing the work. The appropriate environmental window for dredging of Toledo Harbor would be coordinated with the Ohio Department of Natural Resources (ODNR). ODNR recommends dredging and placement activities take place only between July 1 through March 15 across all Toledo Harbor Federal navigation channels. A maximum of 1,250,000 cubic yards of material dredged from the harbor (except for that dredged from the River Mile 2) would be placed at the existing two-square mile open-lake placement area in the Western Basin of Lake Erie, located just north of the Lake Approach Channel near Lake Mile 11. Dredged material discharge will be restricted to the northeast portion of this area. The total volume of material to be dredged reflects typical annual dredging requirements of approximately 850,000 cubic yards, and may also include dredging required to remove shoals not dredged in previous years due to reduced funding were funding to become available. An estimated 100,000 cubic yards of sediments dredged from the River Mile 2 reach, which does not meet Federal guidelines for open-lake placement, would be placed in the existing USACE confined disposal facility (CDF) 3 - Cell 2 located at the mouth of the Maumee River. The majority (over 90%) of the material being placed in the open-lake in the Western Basin of Lake Erie is derived from the Lake Approach Channel, which is also located in the Western Basin. Pursuant to Section 401 of the Clean Water Act, the Ohio Environmental Protection Agency (OEPA) granted Water Quality Certification (WQC) for the placement of 360,000 and 840,000 cubic yards of dredged material at the open-lake area in calendar years 2008 and 2009, respectively. Alternatives to the Selected Plan were considered in this evaluation, but it was ultimately determined that no practicable alternative to open-lake placement of dredged material currently exists. The “No Action” alternative was also considered but dismissed since it would not address the navigation needs and a viable alternative was identified. Upland (landfill) placement of the material was determined to be technically infeasible and economically nonviable. Several beneficial use of dredged material studies are currently being evaluated and are in various phases of study through the Buffalo District’s Regional Sediment Management (RSM) Program. However, at this time none of these studies have progressed to the point that they are ready to be implemented. There is currently no placement area outside the aquatic ecosystem available to the USACE that is accessible, economically feasible, and can accommodate the quantity of dredged material necessary to maintain the Federal navigation channels at Toledo Harbor on an annual basis and at a reasonable Federal cost. Analysis has shown that the project is not a major Federal action which would result in significant adverse impacts on the quality of the human environment. Public coordination to date has not revealed any areas of significant environmental controversy that have not been sufficiently addressed. Based on these factors, it has been determined that an Environmental Impact Statement will not be required. Those who may have information that may alter this assessment and lead to a reversal of this decision should notify me within 30 days. If no comments that would alter this finding are received within the 30-day review period, or after such comments are sufficiently addressed, this FONSI will be signed and filed with the project documentation. Date _______________ Daniel B. Snead, P.E. Lieutenant Colonel, U.S. Army District Commander OPERATIONS AND MAINTENANCE DREDGING AND PLACEMENT OF DREDGED MATERIAL TOLEDO HARBOR LUCAS COUNTY, OHIO TABLE OF CONTENTS SECTION Page SECTION 1 – PURPOSE AND AUTHORITY 1 SECTION 2 – NEED FOR THE PROPOSED ACTION 1 SECTION 3 – PROPOSED PROJECT AND ALTERNATVE CONSIDERATIONS 3 SECTION 4 – AFFECTED ENVIRONMENT 7 SECTION 5 – ENVIRONMENTAL IMPACTS 17 SECTION 6 – COMPLIANCE WITH ENVIRONMENTAL PROTECTION REQUIREMENTS 27 SECTION 7 – REFERENCES 29 ENVIRONMENTAL ASSESSMENT APPENDICES EA-A – TABLES AND FIGURES 35 EA-B – CLEAN WATER ACT SECTION 404(a) PUBLIC NOTICE AND 404(b)(1) EVALUATION REPORT 49 EA-C – COASTAL MANAGEMENT PROGRAM CONSISTENCY DETERMINATION 125 EA-D – CORRESPONDENCE 137 OPERATIONS AND MAINTENANCE DREDGING AND PLACEMENT OF DREDGED MATERIAL TOLEDO HARBOR LUCAS COUNTY, OHIO ENVIRONMENTAL ASSESSMENT SECTION 1: PURPOSE AND AUTHORITY 1.1 PURPOSE - The purpose of this Environmental Assessment (EA) is to provide sufficient information on the potential environmental effects of the subject action, as proposed by the U.S. Army Corps of Engineers (USACE), Buffalo District. Analysis of the potential effects of the proposed project will determine if the project is a major Federal action significantly affecting the quality of the human environment. This EA facilitates compliance with the National Environmental Policy Act (NEPA) of 1969 and includes discussion of the need for the action, the affected environment, a description of the proposed action and alternatives, its environmental impacts, environmental compliance, and a list of agencies, interested groups and individuals consulted. 1.2 AUTHORITY - The existing Federal navigation project at Toledo Harbor, including its operation and maintenance, was authorized by the River and Harbor Acts of 1899, 1910, 1935, 1950, 1954, 1958 and 1960. SECTION 2: NEED FOR THE PROPOSED ACTION 2.1 INTRODUCTION - The primary purpose and scope of this EA is to address an increase in the quantity of Toledo Harbor dredged material to be placed at the existing authorized open-lake placement area in the Western Basin of Lake Erie. This increase in quantity is attributable to a determination that most of this dredged material is now suitable for open-lake placement, as well as a potential increase in dredging to address a backlog of sediment in Toledo Harbor Federal navigation channels. Associated with the increased open-lake placement of this material is a decrease in the quantity of material that was hitherto placed into existing confined disposal facilities (CDFs) constructed by the USACE at Toledo Harbor. 2.2 NEED FOR ACTION - The identified problems at Toledo Harbor are shoaling of the authorized Federal navigation channels and the subsequent reduction in navigable depths for deep-draft commercial