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potential impacts of ocean dumping dioxin-contaminated sediments. The EA did 

 not review ail alternatives available to the Port Authority, including in-storage 

 vessels. Finally, the economic impact on the fishing industry was not fully 

 considered. 



The PN for this project declared that public "comments are used in the 

 preparation of an Environmental Assessment and/or an Environmental Impact 

 Statement pursuant to the National Environmental Policy Act (NEPA)". Upon 

 review of the permit's record before the public comment period ended. EDF 

 discovered a memorandum that the Chief of Western Permits Section had made a 

 preliminary determination that the decision on this application would not require 

 preparation of an environmental impact statement. It wasn't until the permit was 

 issued on January 6. 1993 that the Environmental Assessment was issued in the 

 permit's "Statement of Findings ". Within that Statement of Findings, a Finding 

 of No Significant Impact (FONSI) was announced and an EIS was declared not 

 be necessary. This appears to be in contradiction to the Corps" own regulations, 

 which requires that a FONSI shall be prepared for a proposed action. ..for which 

 an EIS will not be prepared and that the Public Notice is supposed to indicate the 

 availability of the EA/FONSI 39 . This sequence of events did not take place and 

 the public did not have opportunity to know exactly what the Corps' decision 

 was until after the permit had been issued. More importantly, the public did not 

 have the benefit of the Environmental Assessment discussion of potential 

 environmental impacts in the context of the public review process. 



Additionally, the Council on Environmental Quality requires public review 

 of FONSIs under four circumstances. They include (a) if a proposal is a 

 borderline case. i.e. when there is a reasonable argument for preparation of an 

 EIS; (b) if it is an unusual case, a new kind of action, or a precedent setting case 

 such as a first intrusion or even a minor development into a pristine area; (c) 

 when there is scientific controversy over the proposal; or (d) when it involves a 

 proposal which is or closely similar to one which normally requires preparation of 

 an EIS. 



Although the request had been made in public comments and oral 

 testimony for an EIS or SEIS to be conducted, the Corps rejected that request 

 and issued the FONSI. Currently, the National Marine Fisheries Service is on the 

 record as wanting an EIS conducted 40 . In summary, it is apparent that an EIS 



,9 33 CFR 230.11 -- Finding of No Significant Impact 



""NMFS February 2 letter to Mr. Sidamon-Eristoff, Administrator of Region 

 II EPA 



26 



