Notice of Intent To Prepare a Draft Environmental Impact Statement for the Town of Nags Head, Beach Nourishment Project in Dare County, NC, 16188-16190 [E9-8084]
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16188
Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices
There are no capital costs or operating
and maintenance costs associated with
this collection.
Dated: April 3, 2009.
David A. Stawick,
Secretary of the Commission, Commodity
Futures Trading Commission.
[FR Doc. E9–8017 Filed 4–8–09; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Intent To Prepare a Draft
Environmental Impact Statement/
Environmental Impact Report (DEIS/
EIR) for the Aliso Creek, Orange
County, CA
AGENCY: Department of the Army, U.S.
Army Corps of Engineers, DOD.
ACTION: Notice of intent.
SUMMARY: The purpose of the study is to
evaluate an approximately 7-mile reach
of the Aliso Creek and 1,000 feet of the
Wood Canyon tributary to Aliso Creek
located in Orange County in the Cities
of Laguna Beach, Laguna Nigel, and
Aliso Viejo, CA and unincorporated
Orange County. Much of the 7-mile
reach is located within the Aliso and
Wood Canyons Wilderness Park, which
is owned and managed by Orange
County. The focus of the project will be
on watershed improvements to restore
the creek’s dynamic function and
habitat for endangered species by
developing alternatives for ecosystem
restoration for impacted reaches of the
creek. The restoration project will focus
on revitalization of the riparian
vegetation community; establishment of
an environmental corridor to benefit
wildlife and sensitive species; creek
stabilization, and addressing flood risk
management. The 7-mile reach of Aliso
Creek is located entirely within Orange
County, CA.
DATES: Provide comments by May 10,
2009.
Submit comments to
Deborah Lamb at U.S. Army Corps of
Engineers, Los Angeles District, CESPL–
PD–RL, P.O. Box 532711, Los Angeles,
CA 90053–2325.
FOR FURTHER INFORMATION CONTACT:
Deborah Lamb, Regional Planning
Section at (213) 452–3798; fax (213)
452–4204 or e-mail at
Deborah.L.Lamb@usace.army.mil
dwashington3 on PROD1PC60 with NOTICES
ADDRESSES:
SUPPLEMENTARY INFORMATION:
1. Authorization. The proposed study
is authorized by House Document No.
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838, 76th Congress 3rd Session, dated
May 1954, which reads as follows:
‘‘Resolved by the Committee on Public
Works of the House of Representatives,
United States, that the Board of Engineers for
Rivers and Harbors is hereby requested to
review the reports on (a) San Gabriel River
and Tributaries, published as House
Document No. 838, 76th Congress, 3rd
Session; and (b) Santa Ana River and
Tributaries, published as House Document
No. 135, 81st Congress, 1st Session; and (c)
the project authorized by the Flood Control
Act of 1936 for the protection of the
metropolitan area in Orange County, with a
view toward determining the advisability of
modification of the authorized projects in the
interest of flood control and related
purposes.’’
2. Background. Aliso Creek. While
much of the Aliso Creek project area is
within an Orange County wilderness
park and within the Natural
Communities Conservation Plan/Habitat
Conservation Plan (NCCP/HCP) Nature
Reserve of Orange County (NROC), the
creek is in a highly urbanized area with
a high population concentration. As
such, Aliso Creek has numerous water
resource issues related to both human
actions and natural processes which
have raised concerns about the longterm survival of the watershed
ecosystem. Fundamental problems that
have been identified include channel
instability, degraded water quality, loss
of fish and wildlife habitat, and flood
damage. Since 1997, there has been a
multi-jurisdictional effort to address
problems within the Aliso Creek
watershed. The Aliso Creek Watershed
Management Feasibility Study,
sponsored by the U.S. Army Corps of
Engineers, Orange County, and
municipalities and water districts
within the Aliso Creek watershed
boundary, was completed in July 1999.
A wide range of technical studies have
since been completed. Re-establishment
of a healthy and sustainable watershed
environment would serve to improve
the environmental and economic
conditions of the creek, including
improving water quality, native habitat,
and reducing flood damage.
Alternatives to be considered are
those that will further reduce
degradation of the creek and the
riparian ecosystem, improve ground and
surface water quality, and reduce
adverse water quality impacts from
runoff.
3. Scoping Process. a. A scoping
meeting is scheduled for 7, May 2009,
6:30pm to 8:30pm at Mission Viejo City
Council Chamber, 200 Civic Center
Mission Viejo, CA 92691, (949) 470–
3000.
For additional information on dates,
times and locations please contact
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Deborah Lamb (see ADDRESSES), or at
(213) 452–3798 or e-mail at:
deborah.l.lamb@usace.army.mil.
Potential impacts associated with the
proposed action will be evaluated.
Resource categories that will be
analyzed include: Physical
environment, geology, biological
resources, air quality, water quality,
recreational usage, aesthetics, cultural
resources, transportation, noise,
hazardous waste, socioeconomics,
safety, and sustainability.
b. Participation of affected Federal,
state and local resource agencies, Native
American groups and concerned interest
groups/individuals is encouraged in the
scoping process. Public participation
will be especially important in defining
the scope of analysis in the Draft EIS/
EIR, identifying significant
environmental issues and impact
analysis of the Draft EIS/EIR and
providing useful information such as
published and unpublished data,
personal knowledge of relevant issues
and recommending mitigation measures
associated with the proposed action.
c. Those interested in providing
information or data relevant to the
environmental or social impacts that
should be included or considered in the
environmental analysis can furnish this
information by writing to the points of
contact indicated above or by attending
the public scoping meeting. A mailing
list will also be established so pertinent
data may be distributed to interested
parties.
Dated: March 27, 2009.
Thomas H. Magness,
Colonel, U.S. Army, District Commander.
[FR Doc. E9–8107 Filed 4–8–09; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Notice of Intent To Prepare a Draft
Environmental Impact Statement for
the Town of Nags Head, Beach
Nourishment Project in Dare County,
NC
AGENCY: Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of intent.
SUMMARY: The U.S. Army Corps of
Engineers (COE), Wilmington District,
Regulatory Division, has received a
request for Department of the Army
authorization, pursuant to Section 404
of the Clean Water Act and Section 10
of the Rivers and Harbors Act of 1899,
from the Town of Nags Head to dredge
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Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices
up to 4.6 million cubic yards of beachquality sediment from an offshore
borrow source, and deposit the material
along approximately 10 miles of ocean
shoreline in the Town of Nags Head.
The applicant proposes to utilize a
self-contained hopper dredge during a
proposed construction window from
April through September to undertake
the dredging operations and discharge
the sand on the beach via submerged
pipeline. In addition, the applicant’s
proposed offshore borrow areas include
sites identified in the U.S. Army Corps
of Engineers, Wilmington District’s EIS,
entitled Final Feasibility Report and
Environmental Impact Statement on
Hurricane Protection and Beach Erosion
Control, dated September 2000.
DATES: A public scoping meeting for the
Draft Environmental Impact Statement
(DEIS) will be held at the Nags Head
Fire Station #16, at 5314 S. Croatan
Highway, Nags Head, NC 27959 on
April 28, 2009 at 3:30 p.m.
ADDRESSES: Copies of comments and
questions regarding scoping of the Draft
EIS may be addressed to: U.S. Army
Corps of Engineers, Wilmington District,
Regulatory Division—Washington
Regulatory Field Office, 107 Union
Drive, Suite 205, Washington, NC
27889, Attn: File Number SAW 2006–
40282.
FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action
and DEIS can be directed to Mr. Raleigh
Bland, Regulatory Division, telephone:
(252) 975–1616, Extension 23.
SUPPLEMENTARY INFORMATION: The
project site is located off NC Highway
12, adjacent to the Atlantic Ocean, in
the Town of Nags Head, Dare County,
North Carolina. The proposed project
totals approximately 10 miles of ocean
shoreline beginning approximately 1
mile from the town’s northern limit and
extending south to the town line
adjacent to the Cape Hatteras National
Seashore. The proposed borrow area is
located in the Atlantic Ocean
approximately 2–3 miles offshore of the
project site. The Town of Nags Head
encompasses approximately 11 miles of
ocean shoreline on a barrier island
located at the northern end of North
Carolina’s Outer Banks. The width of
the berm of the island’s dune system
varies considerably with location along
the town’s beach and with the season.
Along most of the project area, the
winter berm is non-existent due to
continuing erosion processes. Dune
habitat is currently decreasing due to
excessive erosion of the base or toe of
the dunes by waves that travel
unimpeded over eroded wet beach to
directly impact dunes.
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15:28 Apr 08, 2009
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The Town of Nags Head has provided
the following information about the
purpose of the proposed project:
The purpose of the proposed project
is to nourish the island’s ocean
shoreline to restore eroded areas to a
condition that would be able to sustain
chronic erosion and the short-term
impact of storms for at least 4–5 years,
protect upland property, infrastructure,
and tax base, and widen the recreational
beach by 50–125 feet waterward of the
ordinary high water mark.
The proposed borrow area includes
portions of offshore areas identified by
the Corps of Engineers in the 2000
Federal Dare County Project. Several
sub areas have been sampled and tested
for sediment compatibility. Water
depths in the borrow area are
approximately 40–55 feet. The
anticipated optimal equipment for
excavations will include ocean-certified,
self-contained hopper dredges. Such
equipment typically excavates shallow
trenches (approximately 2–3 foot
sections) in each pass (leaving narrow
undisturbed areas at the margin of each
cut), then travels to a buoyed pipeline
anchored close to shore. Discharge to
the beach is via submerged pipeline
across the surf zone, then by way of
shore-based pipe positioned along the
dry beach. Only a small area of the
Corps borrow area will be required to
provide up to 4.6 million cubic yards of
beach quality material. The applicant is
coordinating the specific area for use in
the proposed project with the Corps
with the following understanding: (1)
The final borrow area required for the
emergency beach nourishment project
can be limited to the equivalent of a 0.9
square-mile (approximately 575 acres)
area, (2) the borrow area used will be
contiguous rather than a series of small
impact areas, (3) once used, the borrow
area will no longer be available for use,
consistent with the Dare County Project,
and (4) the borrow area will be
delineated so as to avoid ongoing
biological monitoring stations
established by the Corps in connection
with the Dare County Project. The
project will be built in approximate
1–2 mile sections, optimizing the
disposition of pipeline. Sections will be
pumped into place with the aid of
temporary dikes pushed up by
bulldozers in the surf zone. Daily
operations will impact approximately
500–1,000 linear feet of shoreline as
work progresses in either direction from
the submerged pipeline. Upon
completion of a section, the submerged
pipe and beach-building equipment will
be shifted to the next section. As
construction progresses, sections will be
graded to final contours, dressed to
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16189
eliminate low areas, and opened for use
by the public. Support equipment will
be shifted out of completed sections as
soon as practicable, so that construction
activities in a particular reach will not
disrupt normal beach use for only a
month or so at any locality. The finished
sections will be allowed to adjust to
natural processes for several months.
The final process will include the
placement of dune fencing and/or dune
plantings as needed or required.
Proposed Impacts to Wetlands and
Surface Waters: Surface waters and
jurisdictional areas have been identified
for the proposed project site. Field
reviews of the project area have revealed
that there are no vegetated freshwater or
coastal wetlands located in the project
area. The proposed project will impact
approximately 10 miles of ocean beach
shoreline and 575 acres of ocean
bottom.
Scope of Investigations: Based upon
the proposed impacts to waters of the
United States, the Town of Nags Head,
and their consultant, Coastal Science &
Engineering, has indicated to the U.S.
Army Corps of Engineers that they are
willing to pursue an Environmental
Impact Statement (EIS) for the proposed
Project. The scope of the EIS
investigation will include the following:
Alternatives analyses, affected
environment, environmental
consequences, and secondary and
cumulative environmental impacts.
Alternatives Analyses: Council on
Environmental Quality (CEQ)
regulations (40 CFR 1502.14(a)) require
an EIS to ‘‘rigorously explore and
objectively evaluate all reasonable
alternatives’’ for a proposed action. The
regulations (40 CFR 1502.14(b)) further
require that substantial treatment be
made of each alternative considered in
detail, including the proposed action.
The Town of Nags Head has identified
three alternatives for the proposed
project, including (1) no action; (2)
abandon property, retreat, and relocate;
and (3) nourish the beach. The factors
used to compare the alternatives will be
the same for each of the alternatives.
Affected Environment: CEQ
regulations (40 CFR 1502.15) require the
EIS to describe the environment of the
areas to be affected or created by the
alternatives under consideration. The
data and analysis shall be
commensurate with the importance of
the impact. Based upon preliminary
evaluation of the proposed Project, it
appears the primary areas of
environmental concern will focus on the
use of a hopper dredge during the warm
weather season and the potential effect
on marine and threatened and
endangered resources.
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16190
Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices
In preparation for the EIS, the
following studies have been completed
or are ongoing for the proposed Project:
• Meetings with Federal and State
regulatory and resource agencies (2005
to present).
• DA application and Draft
Environmental Impact Statement (2006).
• Data compilations and surveys
including, but not limited to littoral
processes, cultural resources, biological
surveys, sediment characteristics,
economic, draft Essential Fish Habitat,
hopper dredge protocol, and a
Biological Assessment (2006 to present).
• Public Notice (2006).
• Federal Project Comparison (2007).
• SEPA (2007).
• Biological Opinion/USFWS (2008).
• EFH Assessment/NMFS (2008).
• State SEPA Record of Decision
(2009).
Environmental Consequences: CEQ
regulations (40 CFR 1502.16) state the
EIS will include the environmental
impacts of the alternatives including the
proposed action, any adverse
environmental effects which cannot be
avoided should the proposal be
implemented, the relationship between
short-term uses of man’s environment
and the maintenance and enhancement
of long-term productivity, and any
irreversible or irretrievable
commitments of resources which would
be involved in the proposal should it be
implemented. The EIS will identify and
disclose the direct impacts of the
proposed project and study a reasonable
number of alternatives on the following:
topography, geology, soils, climate,
biotic communities, wetlands, fish and
wildlife resources, endangered and
threatened species, hydrology, water
resources and water quality,
floodplains, hazardous materials, air
quality, noise, aesthetics, recreational
resources, historical and cultural
resources, socio-economic, land use,
public health and safety, energy
requirements and conservation, natural
or non-renewable resources, drinking
waters, and environmental justice.
Secondary and Cumulative
Environmental Impacts: Cumulative
impacts result from the incremental
impact of the proposed action when
added to past, present, and reasonably
foreseeable future actions, regardless of
what agency or person undertakes the
action. Geographic Information System
(GIS) data and mapping will be used to
evaluate and quantify secondary and
cumulative impacts of the proposed
Project with particular emphasis given
to waters and marine resources.
Mitigation: CEQ regulations (40 CFR
1502.14, 1502.16, and 1508.20) require
the EIS to include appropriate
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15:28 Apr 08, 2009
Jkt 217001
mitigation measures, if applicable. The
USACE has adopted, through the CEQ,
a mitigation policy which embraces the
concepts of ‘‘no net loss of wetlands’’
and project sequencing. The purpose of
this policy is to restore and maintain the
chemical, biological, and physical
integrity of ‘‘Waters of the United
States,’’ specifically wetlands.
Mitigation of wetland impacts has been
defined by the CEQ to include:
avoidance of impacts (to wetlands),
minimizing impacts, rectifying impacts,
reducing impacts over time, and
compensating for impacts (40 CFR
1508.20). Each of these aspects
(avoidance, minimization, and
compensatory mitigation) must be
considered in sequential order. As part
of the EIS, if applicable, the applicant
will develop a compensatory mitigation
plan detailing the methodology and
approach to compensate for unavoidable
impacts to waters of the U.S.
NEPA/SEPA Preparation and
Permitting: Because the proposed Nags
Head project requires approvals from
Federal and State agencies under both
the National Environmental Policy Act
(NEPA) and the State Environmental
Policy Act (SEPA), a joint Federal and
State Environmental Impact Statement
(EIS) will be prepared. The U.S. Army
Corps of Engineers will serve as the lead
agency for the process. The EIS will be
the NEPA document for the Corps of
Engineers (404 permit) and the SEPA
document for the State of North
Carolina (401 permit).
Based on the size, complexity, and
potential impacts of the proposed
project, the Applicant has been advised
by the U.S. Army Corps of Engineers to
identify and disclose the environmental
impacts of the proposed project in an
Environmental Impact Statement (EIS).
Within the EIS, the Applicant will
conduct a thorough environmental
review, including an evaluation of a
reasonable number of alternatives. After
distribution and review of the Draft EIS
and Final EIS, the Applicant
understands that the U.S. Army Corps of
Engineers will issue a Record of
Decision (ROD) for the project. The ROD
will document the completion of the EIS
process and will serve as a basis for
permitting decisions by Federal and
State agencies.
Jefferson M. Ryscavage,
Colonel, U.S. Army, District Commander.
[FR Doc. E9–8084 Filed 4–8–09; 8:45 am]
BILLING CODE 3720–58–P
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DEPARTMENT OF EDUCATION
Notice of Proposed Information
Collection Requests
AGENCY:
Department of Education.
The Director, Information
Collection Clearance Division,
Regulatory Information Management
Services, Office of Management, invites
comments on the proposed information
collection requests as required by the
Paperwork Reduction Act of 1995.
SUMMARY:
DATES: Interested persons are invited to
submit comments on or before June 8,
2009.
Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The Director,
Information Collection Clearance
Division, Regulatory Information
Management Services, Office of
Management, publishes that notice
containing proposed information
collection requests prior to submission
of these requests to OMB. Each
proposed information collection,
grouped by office, contains the
following: (1) Type of review requested,
e.g., new, revision, extension, existing
or reinstatement; (2) Title; (3) Summary
of the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
Reporting and/or Recordkeeping
burden. OMB invites public comment.
The Department of Education is
especially interested in public comment
addressing the following issues: (1) Is
this collection necessary to the proper
functions of the Department; (2) will
this information be processed and used
in a timely manner; (3) is the estimate
of burden accurate; (4) how might the
Department enhance the quality, utility,
and clarity of the information to be
collected; and (5) how might the
Department minimize the burden of this
collection on the respondents, including
through the use of information
technology.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Notices]
[Pages 16188-16190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8084]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Intent To Prepare a Draft Environmental Impact
Statement for the Town of Nags Head, Beach Nourishment Project in Dare
County, NC
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (COE), Wilmington District,
Regulatory Division, has received a request for Department of the Army
authorization, pursuant to Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act of 1899, from the Town of Nags
Head to dredge
[[Page 16189]]
up to 4.6 million cubic yards of beach-quality sediment from an
offshore borrow source, and deposit the material along approximately 10
miles of ocean shoreline in the Town of Nags Head.
The applicant proposes to utilize a self-contained hopper dredge
during a proposed construction window from April through September to
undertake the dredging operations and discharge the sand on the beach
via submerged pipeline. In addition, the applicant's proposed offshore
borrow areas include sites identified in the U.S. Army Corps of
Engineers, Wilmington District's EIS, entitled Final Feasibility Report
and Environmental Impact Statement on Hurricane Protection and Beach
Erosion Control, dated September 2000.
DATES: A public scoping meeting for the Draft Environmental Impact
Statement (DEIS) will be held at the Nags Head Fire Station
16, at 5314 S. Croatan Highway, Nags Head, NC 27959 on April
28, 2009 at 3:30 p.m.
ADDRESSES: Copies of comments and questions regarding scoping of the
Draft EIS may be addressed to: U.S. Army Corps of Engineers, Wilmington
District, Regulatory Division--Washington Regulatory Field Office, 107
Union Drive, Suite 205, Washington, NC 27889, Attn: File Number SAW
2006-40282.
FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
and DEIS can be directed to Mr. Raleigh Bland, Regulatory Division,
telephone: (252) 975-1616, Extension 23.
SUPPLEMENTARY INFORMATION: The project site is located off NC Highway
12, adjacent to the Atlantic Ocean, in the Town of Nags Head, Dare
County, North Carolina. The proposed project totals approximately 10
miles of ocean shoreline beginning approximately 1 mile from the town's
northern limit and extending south to the town line adjacent to the
Cape Hatteras National Seashore. The proposed borrow area is located in
the Atlantic Ocean approximately 2-3 miles offshore of the project
site. The Town of Nags Head encompasses approximately 11 miles of ocean
shoreline on a barrier island located at the northern end of North
Carolina's Outer Banks. The width of the berm of the island's dune
system varies considerably with location along the town's beach and
with the season. Along most of the project area, the winter berm is
non-existent due to continuing erosion processes. Dune habitat is
currently decreasing due to excessive erosion of the base or toe of the
dunes by waves that travel unimpeded over eroded wet beach to directly
impact dunes.
The Town of Nags Head has provided the following information about
the purpose of the proposed project:
The purpose of the proposed project is to nourish the island's
ocean shoreline to restore eroded areas to a condition that would be
able to sustain chronic erosion and the short-term impact of storms for
at least 4-5 years, protect upland property, infrastructure, and tax
base, and widen the recreational beach by 50-125 feet waterward of the
ordinary high water mark.
The proposed borrow area includes portions of offshore areas
identified by the Corps of Engineers in the 2000 Federal Dare County
Project. Several sub areas have been sampled and tested for sediment
compatibility. Water depths in the borrow area are approximately 40-55
feet. The anticipated optimal equipment for excavations will include
ocean-certified, self-contained hopper dredges. Such equipment
typically excavates shallow trenches (approximately 2-3 foot sections)
in each pass (leaving narrow undisturbed areas at the margin of each
cut), then travels to a buoyed pipeline anchored close to shore.
Discharge to the beach is via submerged pipeline across the surf zone,
then by way of shore-based pipe positioned along the dry beach. Only a
small area of the Corps borrow area will be required to provide up to
4.6 million cubic yards of beach quality material. The applicant is
coordinating the specific area for use in the proposed project with the
Corps with the following understanding: (1) The final borrow area
required for the emergency beach nourishment project can be limited to
the equivalent of a 0.9 square-mile (approximately 575 acres) area, (2)
the borrow area used will be contiguous rather than a series of small
impact areas, (3) once used, the borrow area will no longer be
available for use, consistent with the Dare County Project, and (4) the
borrow area will be delineated so as to avoid ongoing biological
monitoring stations established by the Corps in connection with the
Dare County Project. The project will be built in approximate 1-2 mile
sections, optimizing the disposition of pipeline. Sections will be
pumped into place with the aid of temporary dikes pushed up by
bulldozers in the surf zone. Daily operations will impact approximately
500-1,000 linear feet of shoreline as work progresses in either
direction from the submerged pipeline. Upon completion of a section,
the submerged pipe and beach-building equipment will be shifted to the
next section. As construction progresses, sections will be graded to
final contours, dressed to eliminate low areas, and opened for use by
the public. Support equipment will be shifted out of completed sections
as soon as practicable, so that construction activities in a particular
reach will not disrupt normal beach use for only a month or so at any
locality. The finished sections will be allowed to adjust to natural
processes for several months. The final process will include the
placement of dune fencing and/or dune plantings as needed or required.
Proposed Impacts to Wetlands and Surface Waters: Surface waters and
jurisdictional areas have been identified for the proposed project
site. Field reviews of the project area have revealed that there are no
vegetated freshwater or coastal wetlands located in the project area.
The proposed project will impact approximately 10 miles of ocean beach
shoreline and 575 acres of ocean bottom.
Scope of Investigations: Based upon the proposed impacts to waters
of the United States, the Town of Nags Head, and their consultant,
Coastal Science & Engineering, has indicated to the U.S. Army Corps of
Engineers that they are willing to pursue an Environmental Impact
Statement (EIS) for the proposed Project. The scope of the EIS
investigation will include the following: Alternatives analyses,
affected environment, environmental consequences, and secondary and
cumulative environmental impacts.
Alternatives Analyses: Council on Environmental Quality (CEQ)
regulations (40 CFR 1502.14(a)) require an EIS to ``rigorously explore
and objectively evaluate all reasonable alternatives'' for a proposed
action. The regulations (40 CFR 1502.14(b)) further require that
substantial treatment be made of each alternative considered in detail,
including the proposed action. The Town of Nags Head has identified
three alternatives for the proposed project, including (1) no action;
(2) abandon property, retreat, and relocate; and (3) nourish the beach.
The factors used to compare the alternatives will be the same for each
of the alternatives.
Affected Environment: CEQ regulations (40 CFR 1502.15) require the
EIS to describe the environment of the areas to be affected or created
by the alternatives under consideration. The data and analysis shall be
commensurate with the importance of the impact. Based upon preliminary
evaluation of the proposed Project, it appears the primary areas of
environmental concern will focus on the use of a hopper dredge during
the warm weather season and the potential effect on marine and
threatened and endangered resources.
[[Page 16190]]
In preparation for the EIS, the following studies have been
completed or are ongoing for the proposed Project:
Meetings with Federal and State regulatory and resource
agencies (2005 to present).
DA application and Draft Environmental Impact Statement
(2006).
Data compilations and surveys including, but not limited
to littoral processes, cultural resources, biological surveys, sediment
characteristics, economic, draft Essential Fish Habitat, hopper dredge
protocol, and a Biological Assessment (2006 to present).
Public Notice (2006).
Federal Project Comparison (2007).
SEPA (2007).
Biological Opinion/USFWS (2008).
EFH Assessment/NMFS (2008).
State SEPA Record of Decision (2009).
Environmental Consequences: CEQ regulations (40 CFR 1502.16) state
the EIS will include the environmental impacts of the alternatives
including the proposed action, any adverse environmental effects which
cannot be avoided should the proposal be implemented, the relationship
between short-term uses of man's environment and the maintenance and
enhancement of long-term productivity, and any irreversible or
irretrievable commitments of resources which would be involved in the
proposal should it be implemented. The EIS will identify and disclose
the direct impacts of the proposed project and study a reasonable
number of alternatives on the following: topography, geology, soils,
climate, biotic communities, wetlands, fish and wildlife resources,
endangered and threatened species, hydrology, water resources and water
quality, floodplains, hazardous materials, air quality, noise,
aesthetics, recreational resources, historical and cultural resources,
socio-economic, land use, public health and safety, energy requirements
and conservation, natural or non-renewable resources, drinking waters,
and environmental justice.
Secondary and Cumulative Environmental Impacts: Cumulative impacts
result from the incremental impact of the proposed action when added to
past, present, and reasonably foreseeable future actions, regardless of
what agency or person undertakes the action. Geographic Information
System (GIS) data and mapping will be used to evaluate and quantify
secondary and cumulative impacts of the proposed Project with
particular emphasis given to waters and marine resources.
Mitigation: CEQ regulations (40 CFR 1502.14, 1502.16, and 1508.20)
require the EIS to include appropriate mitigation measures, if
applicable. The USACE has adopted, through the CEQ, a mitigation policy
which embraces the concepts of ``no net loss of wetlands'' and project
sequencing. The purpose of this policy is to restore and maintain the
chemical, biological, and physical integrity of ``Waters of the United
States,'' specifically wetlands. Mitigation of wetland impacts has been
defined by the CEQ to include: avoidance of impacts (to wetlands),
minimizing impacts, rectifying impacts, reducing impacts over time, and
compensating for impacts (40 CFR 1508.20). Each of these aspects
(avoidance, minimization, and compensatory mitigation) must be
considered in sequential order. As part of the EIS, if applicable, the
applicant will develop a compensatory mitigation plan detailing the
methodology and approach to compensate for unavoidable impacts to
waters of the U.S.
NEPA/SEPA Preparation and Permitting: Because the proposed Nags
Head project requires approvals from Federal and State agencies under
both the National Environmental Policy Act (NEPA) and the State
Environmental Policy Act (SEPA), a joint Federal and State
Environmental Impact Statement (EIS) will be prepared. The U.S. Army
Corps of Engineers will serve as the lead agency for the process. The
EIS will be the NEPA document for the Corps of Engineers (404 permit)
and the SEPA document for the State of North Carolina (401 permit).
Based on the size, complexity, and potential impacts of the
proposed project, the Applicant has been advised by the U.S. Army Corps
of Engineers to identify and disclose the environmental impacts of the
proposed project in an Environmental Impact Statement (EIS). Within the
EIS, the Applicant will conduct a thorough environmental review,
including an evaluation of a reasonable number of alternatives. After
distribution and review of the Draft EIS and Final EIS, the Applicant
understands that the U.S. Army Corps of Engineers will issue a Record
of Decision (ROD) for the project. The ROD will document the completion
of the EIS process and will serve as a basis for permitting decisions
by Federal and State agencies.
Jefferson M. Ryscavage,
Colonel, U.S. Army, District Commander.
[FR Doc. E9-8084 Filed 4-8-09; 8:45 am]
BILLING CODE 3720-58-P
