Notice of Availability of a Draft Environmental Assessment and Draft Finding of No Significant Impact for Flood Control Improvements to the Arroyo Colorado Floodway, 18745-18746 [E9-9322]
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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices
annually until the island was destroyed
by a hurricane in 2005. The key once
hosted the largest royal tern and
sandwich tern nesting colonies in the
State of Florida. Because of its fragility,
small size, and to protect the migratory
birds that use the island, it is now
closed to public use year-round.
mstockstill on PROD1PC66 with NOTICES
CCP Alternatives, Including Our
Proposed Alternative
We developed three alternatives for
managing the refuges and chose
Alternative B as the proposed
alternative. A full description is in the
Draft CCP/EA. We summarize each
alternative below.
Alternative A—No Action Alternative
Under Alternative A, the no action
alternative, management of the refuges
would continue at the current level. The
refuges would continue their primary
mission of providing habitat for
wildlife. Wildlife and habitat would be
protected through a variety of
management tools, such as area
closures, predator control, law
enforcement, exotic plant control,
erosion control, and cleanup of trash.
These activities (except for the closures)
would be conducted on an
opportunistic basis or under the
direction and guidance of others.
The refuges would continue to be
managed by one full-time assistant
refuge manager, with the support of
nine staff members 100 miles away at
the Chassahowitzka NWR. The refuges
would continue to be assisted by
numerous partners in opportunistically
conducting bird and other wildlife
surveys, educating visitors, and
encouraging wildlife observation and
photography. The Service would
continue its cooperative management
agreement with the FPS to manage
Egmont Key NWR, with the State being
responsible for most public recreation
and interpretation of natural and
cultural resources, and the Service being
primarily responsible for the
management of all wildlife and habitat.
Meetings between the two agencies
would continue to be held
approximately twice a year.
Under this alternative, the existing
level of funding and staffing would be
maintained. Accordingly, some
positions would not be filled when
vacated if funds needed to be
reallocated to meet rising costs or new
priorities.
Alternative B—Proposed Alternative
Under Alternative B, the proposed
alternative, the Service would take more
of a leadership role by coordinating
and/or directing activities and decisions
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made by partners that have an impact
on the refuges, including coordinating,
directing, and conducting bird surveys
and Atlantic loggerhead sea turtle
surveys; coordinating additional bird
surveys and monitoring and conducting
research on the gopher tortoises of
Egmont Key NWR; and, with partners,
identifying, mapping, and protecting
State-listed plant species on the refuges.
The Service would promote and support
increasing the Friends Group to more
than 150 members.
Under this alternative, Service staff
dedicated to the Tampa Bay Refuges
would be increased to four full-time
permanent employees and one part-time
permanent employee, which would
include the addition of a law
enforcement officer to increase
protection of wildlife, habitat, and
visitor safety; a biological technician to
conduct bird surveys, predator and
exotic species control, and beach
renourishment activities; a public use
specialist to facilitate and create
opportunities for environmental
education, interpretation, and wildlife
observation and photography; and a
part-time administrative assistant.
Larger office space to accommodate the
increased staff along with the Friends
Group would be acquired, as well as
facilities for boat storage and use; also,
a Visitor Center would be established.
The cooperative agreement with FPS
to manage Egmont Key NWR would be
enhanced under this alternative by
establishing monthly communications
and quarterly meetings. Further, the
Service would facilitate the transfer of
the USCG property on Egmont Key to
the Service, and would establish the
Service’s interest in the Pilots
Compound property in the event the
occupancy of that property changes.
Acquisition of these lands would enable
the Service to better conserve, protect,
and manage the habitat on Egmont Key.
Alternative C
Under Alternative C, the Service
would take on an even greater
leadership role at the refuges, enhancing
and expanding the activities proposed
under Alternative B. The Service staff
dedicated to the Tampa Bay Refuges
would be increased to seven full-time
permanent employees, including two
law enforcement officers, one biological
technician, one public use specialist,
one maintenance person/equipment
operator, and an administrative
assistant. The Service would promote
and support increasing the Friends
Group to 200–300 members. Additional
equipment and facilities would be
acquired to support the staff and
increased activities on the refuges.
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18745
The additional staff members would
allow the refuges to increase the
frequency of some monitoring (e.g.,
piping plover); initiate bird research;
routinely monitor and research gopher
tortoises; enhance protection of wildlife,
habitats, and visitor safety; control
exotic and invasive vegetation on a
routine basis; and provide educational
events on a routine basis, including
weekly interpretive tours using
concessionaire(s) selected and operating
under Service contract.
Under this alternative, the Service
would own and manage all of Egmont
Key without sharing that responsibility
with FPS—an overlay state park
managed by FPS would no longer exist,
allowing the Service to manage the
island in a comprehensive manner.
Next Step
After the comment period ends, we
will analyze the comments and address
them.
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: This notice is published under
the authority of the National Wildlife Refuge
System Improvement Act of 1997, Public
Law 105–57.
Dated: March 13, 2009.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. E9–9412 Filed 4–23–09; 8:45 am]
BILLING CODE 4310–55–P
INTERNATIONAL BOUNDARY AND
WATER COMMISSION, UNITED
STATES AND MEXICO, UNITED
STATES SECTION
Notice of Availability of a Draft
Environmental Assessment and Draft
Finding of No Significant Impact for
Flood Control Improvements to the
Arroyo Colorado Floodway
AGENCY: United States Section,
International Boundary and Water
Commission, United States and Mexico.
ACTION: Notice of Availability of Draft
Environmental Assessment (EA) and
Draft Finding of No Significant Impact
(FONSI).
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18746
Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices
SUMMARY: Pursuant to Section 102(2)(c)
of the National Environmental Policy
Act (NEPA) of 1969 (42 U.S.C. 4321 et
seq.), the Council on Environmental
Quality Final Regulations (40 CFR Parts
1500 through 1508), and the United
States Section, International Boundary
and Water Commission’s (USIBWC)
Operational Procedures for
Implementing Section 102 of NEPA,
published in the Federal Register
September 2, 1981 (46 FR 44083); the
USIBWC hereby gives notice of
availability of the Draft Environmental
Assessment and Draft FONSI for Flood
Control Improvements to the Arroyo
Colorado Floodway, which is part of the
interior floodways in the Lower Rio
Grande Flood Control Project.
FOR FURTHER INFORMATION CONTACT: Rita
Crites, Environmental Protection
Specialist, Environmental Management
Division, United States Section,
International Boundary and Water
Commission; 4171 N. Mesa, C–100; El
Paso, Texas 79902. Telephone: (915)
832–4781; e-mail: rfcrites@ibwc.gov.
DATES: The Draft EA and Draft FONSI
will be available April 27, 2009.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
Background
The Arroyo Colorado is an ancient
distributary of the Rio Grande, and it
serves as drainage for crop irrigation,
municipal wastewater returns, and as a
floodway during periods of heavy
precipitation in the Lower Rio Grande
Valley. The project area includes 2.1
miles of the Divisor Dike, and
approximately 8.4 miles of the Arroyo
Colorado north levee.
The USIBWC prepared this EA for the
proposed action to increase flood
containment capacity of the Arroyo
Colorado Levee System by raising the
elevation of this segment for improved
flood protection. This action will also
address the 100-year flood protection
criteria established by the Federal
Emergency Management Agency
(FEMA).
The beginning of this project is at the
Divisor Dike near the juncture point of
the Arroyo Colorado and the North
Floodway in Hidalgo County and the
ending is at White Ranch Road in
Cameron County, Texas.
The proposed levee rehabilitation
improvements consist of: (1) Raising the
top-of-levee elevation, (2) conducting
geotechnical investigations and testing
to determine the type and extent of any
required remediation improvements due
to slope stability, seepage, levee
settlement, and any other geotechnical
issues that may cause levee failure
during a 100-year flood event and (3)
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16:20 Apr 23, 2009
Jkt 217001
modifying, if necessary, hardware or
structures located along the levee
reaches. Any modifications will be in
compliance with the Texas Historical
Commission recommendations. The top
elevation of the levee-raising
improvements will be to provide
containment of flood flows with a
minimum freeboard of 3 feet for water
surface elevations as calculated in the
USIBWC 2003 Hydraulic Model for the
LRGFCP. Raising on the riverside of the
levee will be the most probable
alternative given the nature of the rightof-way in the area.
Alternatives
The USIBWC completed an EA of the
potential environmental consequences
of raising the Arroyo Colorado
Floodway to meet current requirements
for flood control. The EA, which
supports the Finding of No Significant
Impact, evaluated the Proposed Action
and No Action Alternative.
Availability
Single hard copies of the Final
Environmental Assessment and Final
Finding of No Significant Impact may be
obtained by request at the above
address. Electronic copies may also be
obtained from the USIBWC Home Page
at https://www.ibwc.gov/home.html.
Dated: April 17, 2009.
Robert McCarthy,
General Counsel.
[FR Doc. E9–9322 Filed 4–23–09; 8:45 am]
BILLING CODE 7010–01–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Notice is hereby given that on April
20,2009, a proposed Consent Decree in
United States of America et al. v. E.I. du
Pont de Nemours & Co., and Lucite
International, Inc., Civil Action No.
2:09–0385 was lodged with the United
States District Court for the Southern
District of West Virginia.
In this action the United States, on
behalf of the Administrator of the
United States Environmental Protection
Agency, sought injunctive relief and
civil penalties under Section 113(b) of
the Clean Air Act (‘‘Act’’), 42 U.S.C.
7413(b), for alleged violations at a
sulfuric acid regeneration plant
(‘‘Plant’’) owned by Lucite and operated
by DuPont in Belle, West Virginia. The
Complaint alleged violations of: (1) The
Prevention of Significant Deterioration
provisions of the Act, 42 U.S.C. 7470–
92; (2) the New Source Performance
Standards of the Act, 42 U.S.C. 7411; (3)
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the Title V Permit requirements of the
Act, 42 U.S.C. 7661–7661f; and (4) the
federally approved and enforceable state
implementation plan which
incorporates and/or implements the
above-listed federal regulations.
The Consent Decree resolves the
United States’s Clean Air Act claims at
the Plant by requiring that Defendants:
(i) Pay a civil penalty of $2,000,000, to
be split evenly with the State of West
Virginia; and (ii) cease operations at the
Plant by April 1, 2010, and surrender all
air permits to the State. This settlement
reflects the fact that Defendants have
decided, for independent business
reasons, to shut the Plant.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Decree. Comments should
be addressed to the Assistant Attorney
General, Environmental and Natural
Resources Division, and either e-mailed
to pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States of America et al. v. E.I. du Pont
de Nemours & Co., and Lucite
International, Inc., Civil Action No.
2:09–0385 (S.D. WV), D.J. Ref. 90–5–2–
1–09251.
The Decree may be examined at U.S.
EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19103. During the
public comment period, the Decree may
also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Decree may also be obtained by mail
from the Consent Decree Library, P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $23.25 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9–9399 Filed 4–23–09; 8:45 am]
BILLING CODE 4410–15–P
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[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Notices]
[Pages 18745-18746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9322]
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INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO,
UNITED STATES SECTION
Notice of Availability of a Draft Environmental Assessment and
Draft Finding of No Significant Impact for Flood Control Improvements
to the Arroyo Colorado Floodway
AGENCY: United States Section, International Boundary and Water
Commission, United States and Mexico.
ACTION: Notice of Availability of Draft Environmental Assessment (EA)
and Draft Finding of No Significant Impact (FONSI).
-----------------------------------------------------------------------
[[Page 18746]]
SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental
Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the Council on
Environmental Quality Final Regulations (40 CFR Parts 1500 through
1508), and the United States Section, International Boundary and Water
Commission's (USIBWC) Operational Procedures for Implementing Section
102 of NEPA, published in the Federal Register September 2, 1981 (46 FR
44083); the USIBWC hereby gives notice of availability of the Draft
Environmental Assessment and Draft FONSI for Flood Control Improvements
to the Arroyo Colorado Floodway, which is part of the interior
floodways in the Lower Rio Grande Flood Control Project.
FOR FURTHER INFORMATION CONTACT: Rita Crites, Environmental Protection
Specialist, Environmental Management Division, United States Section,
International Boundary and Water Commission; 4171 N. Mesa, C-100; El
Paso, Texas 79902. Telephone: (915) 832-4781; e-mail:
rfcrites@ibwc.gov.
DATES: The Draft EA and Draft FONSI will be available April 27, 2009.
SUPPLEMENTARY INFORMATION:
Background
The Arroyo Colorado is an ancient distributary of the Rio Grande,
and it serves as drainage for crop irrigation, municipal wastewater
returns, and as a floodway during periods of heavy precipitation in the
Lower Rio Grande Valley. The project area includes 2.1 miles of the
Divisor Dike, and approximately 8.4 miles of the Arroyo Colorado north
levee.
The USIBWC prepared this EA for the proposed action to increase
flood containment capacity of the Arroyo Colorado Levee System by
raising the elevation of this segment for improved flood protection.
This action will also address the 100-year flood protection criteria
established by the Federal Emergency Management Agency (FEMA).
The beginning of this project is at the Divisor Dike near the
juncture point of the Arroyo Colorado and the North Floodway in Hidalgo
County and the ending is at White Ranch Road in Cameron County, Texas.
The proposed levee rehabilitation improvements consist of: (1)
Raising the top-of-levee elevation, (2) conducting geotechnical
investigations and testing to determine the type and extent of any
required remediation improvements due to slope stability, seepage,
levee settlement, and any other geotechnical issues that may cause
levee failure during a 100-year flood event and (3) modifying, if
necessary, hardware or structures located along the levee reaches. Any
modifications will be in compliance with the Texas Historical
Commission recommendations. The top elevation of the levee-raising
improvements will be to provide containment of flood flows with a
minimum freeboard of 3 feet for water surface elevations as calculated
in the USIBWC 2003 Hydraulic Model for the LRGFCP. Raising on the
riverside of the levee will be the most probable alternative given the
nature of the right-of-way in the area.
Alternatives
The USIBWC completed an EA of the potential environmental
consequences of raising the Arroyo Colorado Floodway to meet current
requirements for flood control. The EA, which supports the Finding of
No Significant Impact, evaluated the Proposed Action and No Action
Alternative.
Availability
Single hard copies of the Final Environmental Assessment and Final
Finding of No Significant Impact may be obtained by request at the
above address. Electronic copies may also be obtained from the USIBWC
Home Page at https://www.ibwc.gov/home.html.
Dated: April 17, 2009.
Robert McCarthy,
General Counsel.
[FR Doc. E9-9322 Filed 4-23-09; 8:45 am]
BILLING CODE 7010-01-P
