Notice of Intent To Prepare a Draft Environmental Impact Statement for the Proposed Duke Energy Carolinas, LLC, Offshore Wind Demonstration Project Within the Pamlico Sound, Dare County, NC, 8047-8049 [2010-3494]
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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices
detailed Environmental Impact
Statement is not required. The draft
guidance clarifies that the
environmental impacts of a proposed
action may be mitigated to the point
when the agency may make a FONSI
determination, and thereby ease the
NEPA review requirements. When the
FONSI depends on successful
mitigation, however, such mitigation
requirements should be made public
and be accompanied by monitoring and
reporting. The draft guidance reinforces
and also applies to monitoring and
reporting of mitigation commitments
agencies make in an EIS and the Record
of Decision that follows. CEQ has issued
this draft guidance for 90 days of public
comment. Draft guidance documents are
now available at the Council on
Environmental Quality Web site at
https://www.nepa.gov.
Public comments are requested on or
before May 24, 2010.
February 18, 2010.
Nancy Sutley,
Chair, Council on Environmental Quality.
[FR Doc. 2010–3535 Filed 2–22–10; 8:45 am]
BILLING CODE 3125–W0–P
DEPARTMENT OF DEFENSE
Department of the Army; Army Corps
of Engineers
Notice of Intent To Prepare a Joint
Environmental Impact Statement and
Environmental Impact Report for the
Lower Walnut Creek General
Reevaluation Report
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AGENCY: Department of the Army, U.S.
Army Corps of Engineers; DOD.
ACTION: Notice of Intent.
SUMMARY: Pursuant to the National
Environmental Policy Act (NEPA) and
the California Environmental Quality
Act (CEQA), the U.S. Army Corps of
Engineers, Sacramento District (USACE)
intends to prepare a joint environmental
impact statement/environmental impact
report (EIS/EIR) for the Lower Walnut
Creek General Reevaluation Report
(LWCGRR). USACE will serve as lead
agency for compliance with NEPA, and
the Contra Costa County Flood Control
and Water Conservation District
(CCCFCWCD) will serve as lead agency
for compliance with CEQA. The
LWCGRR will evaluate alternatives,
including a locally preferred plan, for
providing flood risk management and
ecosystem restoration along the
northern portion of the Walnut Creek
watershed in the Central Coast of
California. The approximate drainage
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16:25 Feb 22, 2010
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area of the proposed action and analysis
is 180 square miles.
DATES: Written comments regarding the
scope of the environmental analysis
should be received by March 23, 2010.
ADDRESSES: Written comments
concerning this study and requests to be
included on the LWCGRR mailing list
should be submitted to Ms. Jamie
LeFevre, U.S. Army Corps of Engineers,
Sacramento District, Attn: Planning
Division (CESPK–PD–R), 1325 J Street,
Sacramento, CA 95814.
FOR FURTHER INFORMATION CONTACT: Ms.
Jamie LeFevre via telephone at (916)
557–6693, e-mail at
Jamie.M.Lefevre@usace.army.mil, or
mail at (see ADDRESSES).
SUPPLEMENTARY INFORMATION:
1. Proposed Action. USACE is
preparing an EIS/EIR to analyze the
environmental impacts associated with
a range of alternatives for providing
flood damage reduction and ecosystem
restoration along the northern portion of
the Walnut Creek watershed (Figure 1).
2. Alternatives. The EIS/EIR will
address an array of alternatives for
providing flood risk management within
the project area. Alternatives analyzed
during the investigation may include,
but are not limited to, a combination of
one or more of the following flood risk
management measures: modifying the
channel cross section and building
setback levees along the lower reaches
of the creek to recreate a larger
floodplain; increasing conveyance by
raising levees; widening channels and
floodway areas; dredging; and various
floodplain management measures.
Ecosystem restoration measures may
include, but are not limited to: restoring
riparian, wetland, and floodplain
habitats for habitat restoration and/or
providing fish passage.
3. Scoping Process.
a. A public scoping meeting will be
held to present an overview of the
LWCGRR and the EIS/EIR process, and
to afford all interested parties with an
opportunity to provide comments
regarding the scope of analysis and
potential alternatives. The public
scoping meeting will be held at the
Contra Costa County Public Works
Department at 255 Glacier Drive in
Martinez, CA on February 22, 2010,
from 4 p.m. to 8 p.m.
b. Potentially significant issues to be
analyzed in depth in the EIS/EIR
include project specific and cumulative
effects on hydraulics, wetlands and
other waters of the U.S., vegetation and
wildlife resources, special-status
species, esthetics, cultural resources,
recreation, land use, fisheries, water
quality, air quality, and transportation.
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c. USACE will consult with the State
Historic Preservation Officer to comply
with the National Historic Preservation
Act and with the U.S. Fish and Wildlife
Service and National Marine Fisheries
Service to comply with the Endangered
Species Act. USACE is also coordinating
with the U.S. Fish and Wildlife Service
to comply with the Fish and Wildlife
Coordination Act. In addition, USACE
or CCCFCWCD will need to obtain
permits from the California Department
of Fish and Game and the San Francisco
Bay Regional Water Quality Control
Board.
d. A 45-day public review period will
be provided for all interested parties
individuals and agencies to review and
comment on the draft EIS/EIR. All
interested parties are encouraged to
respond to this notice and provide a
current address if they wish to be
notified of the draft EIS/EIR circulation.
4. Availability. The draft EIS/EIR is
currently scheduled to be available for
public review and comment in 2016.
Dated: February 8, 2010.
Thomas Chapman,
COL, EN, Commanding.
[FR Doc. 2010–3493 Filed 2–22–10; 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 Proposed Duke Energy Carolinas,
LLC, Offshore Wind Demonstration
Project Within the Pamlico Sound,
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 (USACE), 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, from
Duke Energy Carolinas, LLC, to
construct up to three (3) power
generating wind turbines within the
Pamlico Sound and to conduct research
relating to the development of future
offshore wind energy projects. This
project is located within a 3-mile square
area located approximately 7.3 miles
west of Avon and 9.1 miles north of
Frisco within the Pamlico Sound, NC. In
order to maximize exposure to
prevailing winds, the turbines will be
oriented in a northwest to southeast
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23FEN1
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8048
Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices
configuration (NW corner: Lat.
35.23.9.78 N, Long. 75.39.26.32 W/SE
corner: Lat. 35.22.4.26 N, Long.
75.38.20.80 W). Construction will
require barge-supported equipment to
install the foundations supporting the
turbines, rock aprons may be installed
to protect the base of each structure, and
an approximately 6-inch diameter
electric cable will be buried within the
bottom of Pamlico Sound for connection
to an existing, land-based substation
near the communities of either Avon,
Buxton, Frisco, or Hatteras, NC. Power
generated by this project would be
supplied to the electric grid on Hatteras
Island. The University of North Carolina
at Chapel Hill (UNC) will conduct
research on the project to evaluate water
user conflicts, ecological risks,
engineering obstacles, and measures to
mitigate the effects of the turbines on
the public.
DATES: A public scoping meeting for the
Draft Environmental Impact Statement
(DEIS) will be held at the Dare County
Justice Center, 962 Marshall C. Collins
Drive, Manteo, NC, on Thursday, March
18, 2010, beginning at 6 p.m. EST.
Written comments will be received until
April 2, 2010.
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, ATTN: File
Number SAW 2009–01880, Post Office
Box 1000, Washington, NC 27889–1000.
FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action
and DEIS may be directed to the
Regulatory Division, Mr. David Lekson,
telephone (910) 251–4595; or Ms.
Tracey Wheeler, telephone (910) 251–
4627.
SUPPLEMENTARY INFORMATION: Duke
Energy Carolinas, LLC, is an investorowned utility that serves over 2 million
customers within both North and South
Carolina. Legislation was passed in NC
to facilitate the development of this
project and UNC completed a study on
the feasibility of establishing wind
turbines in NC’s coastal waters, entitled
Coastal Wind, Energy for North
Carolina’s Future, dated June 2009. The
report includes a broad-scale analysis of
environmental, engineering, and other
issues that would likely affect wind
energy development in NC’s coastal
waters. The analysis took into account
potential conflicts with birds, bats,
marine mammals, threatened and
endangered species, fisheries, geology,
aviation and military use, recreation,
commercial fishing, cultural resources,
visual resources, and other factors.
These environmental considerations
VerDate Nov<24>2008
16:25 Feb 22, 2010
Jkt 220001
were combined with wind power,
geology and foundation analyses, and an
economic feasibility analysis to produce
a map depicting areas that are most
suitable for wind energy development
and that hold promise for future study.
Duke Energy’s stated purpose of the
project is to construct and operate a
demonstration wind energy facility in
the coastal waters of North Carolina in
order to evaluate the ecological risks,
engineering obstacles, and potential
mitigation measures associated with
water-based wind energy development
in North Carolina. If commercial-scale
wind energy development is deemed to
be feasible, this demonstration project
will also provide research data that can
be used in development of future wind
power projects.
Proposed Impacts to Wetlands and
Surface Waters: Issues to be addressed
include, but are not limited to, potential
adverse impacts to navigation, high
quality tidal and non-tidal coastal
wetlands, designated outstanding
resource waters, endangered species,
essential fish habitat, other fish and
wildlife resources, military operations,
commercial and recreational fishing
interests, U.S. Coast Guard interests,
tourism, aesthetics, and traditional and
future public use of the Pamlico Sound.
Scope of Investigations: Based upon
the proposed impacts to navigable
waters of the United States, including
wetlands, Duke Energy has been advised
by the USACE that an Environmental
Impact Statement (EIS) should be
prepared for the proposed project. The
scope of the EIS investigation will
include the following: Alternatives
analyses, Affected environment,
Environmental consequences,
Secondary and Cumulative
Environmental Impacts, and
Compensatory Mitigation.
Alternatives analyses: Council on
Environmental Quality (CEQ)
regulations (40 CFR 1502.14(a)) require
an environmental impact statement
(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 proposed project and a reasonable
number of alternatives, including the no
action alternative and constructing the
wind turbines and ancillary facilities in
other areas within and outside of
eastern NC, will be evaluated and
compared in the EIS. 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
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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
navigable waters, benthic and watercolumn estuarine resources, coastal
wetlands and other aquatic resource
functions and values including
mitigation of such losses.
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.
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
data and mapping will be used to
evaluate and quantify secondary and
cumulative impacts of the proposed
project with particular emphasis given
to navigable waters, benthic and watercolumn estuarine resources, and
wetlands.
Mitigation: CEQ regulations (40 CFR
1502.14, 1502.16, and 1508.20) require
the EIS to include appropriate
mitigation measures. 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, the applicant will develop a
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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices
compensatory mitigation plan detailing
the methodology and approach to
compensate for unavoidable impacts to
waters of the United States, including
wetlands.
Based on the size, complexity, and
potential impacts of the proposed
project, Duke Energy has been advised
by the USACE 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
USACE 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, EN, Commanding.
[FR Doc. 2010–3494 Filed 2–22–10; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Air University Board of Visitors
Meeting
Bao-Anh Trinh,
YA–3, Air Force Federal Register Liaison
Officer.
ACTION: Notice of Meeting of the Air
University Board of Visitors.
mstockstill on DSKH9S0YB1PROD with NOTICES
[FR Doc. 2010–3504 Filed 2–22–10; 8:45 am]
Under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C., Appendix, as amended),
the Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.150, the Department of
Defense announces that the Air
University Board of Visitors’ meeting
will take place on Monday, March 30th,
2010, from 11 a.m. to 12 p.m. The
meeting will be a conference call
meeting and the conference number is
334–953–1945. The purpose and agenda
of this meeting is to provide
independent advice and
recommendations on matters pertaining
to the proposal of a Ph.D. degree at Air
University. Pursuant to 5 U.S.C. 552b, as
amended, and 41 CFR 102–3.155 all
sessions of the Air University Board of
Visitors’ meeting will be open to the
public. Any member of the public
wishing to provide input to the Air
University Board of Visitors should
submit a written statement in
accordance with 41 CFR 102–3.140(c)
and section 10(a)(3) of the Federal
Advisory Committee Act and the
procedures described in this paragraph.
SUMMARY:
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16:25 Feb 22, 2010
Jkt 220001
Written statements can be submitted to
the Designated Federal Officer at the
address detailed below at any time.
Statements being submitted in response
to the agenda mentioned in this notice
must be received by the Designated
Federal Officer at the address listed
below at least five calendar days prior
to the meeting which is the subject of
this notice. Written statements received
after this date may not be provided to
or considered by the Air University
Board of Visitors until its next meeting.
The Designated Federal Officer will
review all timely submissions with the
Air University Board of Visitors’ Board
Chairperson and ensure they are
provided to members of the Board
before the meeting that is the subject of
this notice. Additionally, any member of
the public wishing to attend this
meeting should contact either person
listed below at least five calendar days
prior to the meeting for information on
base entry passes.
FOR FURTHER INFORMATION CONTACT: Dr.
Dorothy Reed, Federal Designated
Officer, Air University Headquarters, 55
LeMay Plaza South, Maxwell Air Force
Base, Alabama 36112–6335, telephone
(334) 953–5159 or Mrs. Diana Bunch,
Alternate Federal Designated Officer,
same address, telephone (334) 953–
4547.
BILLING CODE 5001–05–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Air University Board of Visitors
Meeting
ACTION: Notice of Meeting of the Air
University Board of Visitors.
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C., Appendix, as amended),
the Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.150, the Department of
Defense announces that the Air
University Board of Visitors’ meeting
will take place on Monday, April 19th,
2010, from 8 a.m.–5 p.m., and Tuesday,
April 20th, 2010, from 8 a.m.–8 p.m.
The meeting will be held in the Air
University Commander’s Conference
Room located in building 836. Please
contact Dr. Dorothy Reed, 334–953–
5159 for further details of the meeting
location.
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8049
The purpose of this meeting is to
provide independent advice and
recommendations on matters pertaining
to the educational, doctrinal, and
research policies and activities of Air
University. The agenda will include
topics relating to the policies, programs,
and initiatives of Air University
educational programs.
Pursuant to 5 U.S.C. 552b, as
amended, and 41 CFR 102–3.155 all
sessions of the Air University Board of
Visitors’ meeting will be open to the
public. Any member of the public
wishing to provide input to the Air
University Board of Visitors should
submit a written statement in
accordance with 41 CFR 102–3.140(c)
and section 10(a)(3) of the Federal
Advisory Committee Act and the
procedures described in this paragraph.
Written statements can be submitted to
the Designated Federal Officer at the
address detailed below at any time.
Statements being submitted in response
to the agenda mentioned in this notice
must be received by the Designated
Federal Officer at the address listed
below at least five calendar days prior
to the meeting which is the subject of
this notice. Written statements received
after this date may not be provided to
or considered by the Air University
Board of Visitors until its next meeting.
The Designated Federal Officer will
review all timely submissions with the
Air University Board of Visitors’ Board
Chairperson and ensure they are
provided to members of the Board
before the meeting that is the subject of
this notice. Additionally, any member of
the public wishing to attend this
meeting should contact either person
listed below at least five calendar days
prior to the meeting for information on
base entry passes.
FOR FURTHER INFORMATION CONTACT: Dr.
Dorothy Reed, Federal Designated
Officer, Air University Headquarters, 55
LeMay Plaza South, Maxwell Air Force
Base, Alabama 36112–6335, telephone
(334) 953–5159 or Mrs. Diana Bunch,
Alternate Federal Designated Officer,
same address, telephone (334) 953–
4547.
Bao-Anh Trinh,
YA–3, Air Force Federal Register Liaison
Officer.
[FR Doc. 2010–3502 Filed 2–22–10; 8:45 am]
BILLING CODE 5001–05–P
DEPARTMENT OF EDUCATION
Notice of Proposed Information
Collection Requests
AGENCY:
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Department of Education.
23FEN1
]]>Agencies
[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8047-8049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3494]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Intent To Prepare a Draft Environmental Impact
Statement for the Proposed Duke Energy Carolinas, LLC, Offshore Wind
Demonstration Project Within the Pamlico Sound, 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 (USACE), 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, from Duke Energy Carolinas,
LLC, to construct up to three (3) power generating wind turbines within
the Pamlico Sound and to conduct research relating to the development
of future offshore wind energy projects. This project is located within
a 3-mile square area located approximately 7.3 miles west of Avon and
9.1 miles north of Frisco within the Pamlico Sound, NC. In order to
maximize exposure to prevailing winds, the turbines will be oriented in
a northwest to southeast
[[Page 8048]]
configuration (NW corner: Lat. 35.23.9.78 N, Long. 75.39.26.32 W/SE
corner: Lat. 35.22.4.26 N, Long. 75.38.20.80 W). Construction will
require barge-supported equipment to install the foundations supporting
the turbines, rock aprons may be installed to protect the base of each
structure, and an approximately 6-inch diameter electric cable will be
buried within the bottom of Pamlico Sound for connection to an
existing, land-based substation near the communities of either Avon,
Buxton, Frisco, or Hatteras, NC. Power generated by this project would
be supplied to the electric grid on Hatteras Island. The University of
North Carolina at Chapel Hill (UNC) will conduct research on the
project to evaluate water user conflicts, ecological risks, engineering
obstacles, and measures to mitigate the effects of the turbines on the
public.
DATES: A public scoping meeting for the Draft Environmental Impact
Statement (DEIS) will be held at the Dare County Justice Center, 962
Marshall C. Collins Drive, Manteo, NC, on Thursday, March 18, 2010,
beginning at 6 p.m. EST. Written comments will be received until April
2, 2010.
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, ATTN: File Number SAW 2009-01880, Post
Office Box 1000, Washington, NC 27889-1000.
FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
and DEIS may be directed to the Regulatory Division, Mr. David Lekson,
telephone (910) 251-4595; or Ms. Tracey Wheeler, telephone (910) 251-
4627.
SUPPLEMENTARY INFORMATION: Duke Energy Carolinas, LLC, is an investor-
owned utility that serves over 2 million customers within both North
and South Carolina. Legislation was passed in NC to facilitate the
development of this project and UNC completed a study on the
feasibility of establishing wind turbines in NC's coastal waters,
entitled Coastal Wind, Energy for North Carolina's Future, dated June
2009. The report includes a broad-scale analysis of environmental,
engineering, and other issues that would likely affect wind energy
development in NC's coastal waters. The analysis took into account
potential conflicts with birds, bats, marine mammals, threatened and
endangered species, fisheries, geology, aviation and military use,
recreation, commercial fishing, cultural resources, visual resources,
and other factors. These environmental considerations were combined
with wind power, geology and foundation analyses, and an economic
feasibility analysis to produce a map depicting areas that are most
suitable for wind energy development and that hold promise for future
study.
Duke Energy's stated purpose of the project is to construct and
operate a demonstration wind energy facility in the coastal waters of
North Carolina in order to evaluate the ecological risks, engineering
obstacles, and potential mitigation measures associated with water-
based wind energy development in North Carolina. If commercial-scale
wind energy development is deemed to be feasible, this demonstration
project will also provide research data that can be used in development
of future wind power projects.
Proposed Impacts to Wetlands and Surface Waters: Issues to be
addressed include, but are not limited to, potential adverse impacts to
navigation, high quality tidal and non-tidal coastal wetlands,
designated outstanding resource waters, endangered species, essential
fish habitat, other fish and wildlife resources, military operations,
commercial and recreational fishing interests, U.S. Coast Guard
interests, tourism, aesthetics, and traditional and future public use
of the Pamlico Sound.
Scope of Investigations: Based upon the proposed impacts to
navigable waters of the United States, including wetlands, Duke Energy
has been advised by the USACE that an Environmental Impact Statement
(EIS) should be prepared for the proposed project. The scope of the EIS
investigation will include the following: Alternatives analyses,
Affected environment, Environmental consequences, Secondary and
Cumulative Environmental Impacts, and Compensatory Mitigation.
Alternatives analyses: Council on Environmental Quality (CEQ)
regulations (40 CFR 1502.14(a)) require an environmental impact
statement (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 proposed project and a reasonable number of alternatives, including
the no action alternative and constructing the wind turbines and
ancillary facilities in other areas within and outside of eastern NC,
will be evaluated and compared in the EIS. 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 navigable waters, benthic and
water-column estuarine resources, coastal wetlands and other aquatic
resource functions and values including mitigation of such losses.
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.
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 data and mapping will be used to evaluate and quantify secondary
and cumulative impacts of the proposed project with particular emphasis
given to navigable waters, benthic and water-column estuarine
resources, and wetlands.
Mitigation: CEQ regulations (40 CFR 1502.14, 1502.16, and 1508.20)
require the EIS to include appropriate mitigation measures. 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, the applicant will
develop a
[[Page 8049]]
compensatory mitigation plan detailing the methodology and approach to
compensate for unavoidable impacts to waters of the United States,
including wetlands.
Based on the size, complexity, and potential impacts of the
proposed project, Duke Energy has been advised by the USACE 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
USACE 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, EN, Commanding.
[FR Doc. 2010-3494 Filed 2-22-10; 8:45 am]
BILLING CODE 3720-58-P
