John H. Chafee Coastal Barrier Resources System; Okaloosa and Walton Counties, FL; Beaufort and Charleston Counties, SC; Availability of Draft Revised Boundaries and Request for Comments, 118-123 [2020-29043]
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Dated: December 29, 2020.
Madonna Baucum,
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Fish and Wildlife Service.
[FR Doc. 2020–29047 Filed 12–31–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–ES–2019–0058;
FF09E15000–FXES111609B0000–190]
John H. Chafee Coastal Barrier
Resources System; Okaloosa and
Walton Counties, FL; Beaufort and
Charleston Counties, SC; Availability
of Draft Revised Boundaries and
Request for Comments
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Coastal Barrier Resources
Reauthorization Act of 2006 requires the
Secretary of the Interior to prepare
digital versions of the John H. Chafee
Coastal Barrier Resources System
(CBRS) maps and make
recommendations for the expansion of
the CBRS. We, the U.S. Fish and
Wildlife Service, have prepared draft
revised boundaries for two existing
CBRS units in Okaloosa and Walton
Counties, Florida, and for four existing
units and two proposed new units in
Beaufort and Charleston Counties,
South Carolina. This notice announces
the availability of the proposed
boundaries for public review and
comment.
DATES:
Accessing documents: Requests for
the stakeholder outreach toolkit
described under Availability of
SUMMARY:
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Proposed Coastal Barrier Resources
System Boundaries and Related
Information, below, should be made by
February 3, 2021 to encourage any local
outreach to be conducted early in the
comment period, leaving ample time for
the public to review and submit
comments. However, requests made
after this date, within a reasonable time,
will be fulfilled.
Submitting comments: To ensure
consideration, we must receive your
written comments by March 5, 2021.
ADDRESSES: You may submit written
comments by one of the following
methods:
• Electronically: Go to the Federal eRulemaking Portal: https://
www.regulations.gov. Search for FWS–
HQ–ES–2019–0058, which is the docket
number for this notice.
• By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: Docket No. FWS–HQ–
ES–2019–0058, U.S. Fish and Wildlife
Service, 5275 Leesburg Pike, MS: PRB/
3W, Falls Church, VA 22041–3808.
We request that you send comments
by only one of the methods described
above. We will post all information
received on https://
www.regulations.gov. If you provide
personal identifying information in your
comment, you may request at the top of
your document that we withhold this
information from public review.
However, we cannot guarantee that we
will be able to do so.
FOR FURTHER INFORMATION CONTACT:
Katie Niemi, Coastal Barriers
Coordinator, via telephone at 703–358–
2071, by email at CBRA@fws.gov, or via
the Federal Relay Service at 800–877–
8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: The
Coastal Barrier Resources
Reauthorization Act of 2006 (CBRRA;
section 4 of Pub. L. 109–226) requires
the Secretary of the Interior (Secretary)
to prepare digital versions of the John H.
Chafee Coastal Barrier Resources System
(CBRS) maps and make
recommendations for the expansion of
the CBRS. We, the U.S. Fish and
Wildlife Service (Service), have
prepared draft revised boundaries for
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two existing CBRS units in Okaloosa
and Walton Counties, Florida, and for
four existing units and two proposed
new units in Beaufort and Charleston
Counties, South Carolina. This notice
announces the availability of the
proposed boundaries for public review
and comment.
Background on the Coastal Barrier
Resources System
Coastal barrier ecosystems are
inherently dynamic systems located at
the interface of land and sea. Coastal
barriers and their associated aquatic
habitat (wetlands and open water)
provide important habitat for fish and
wildlife, and serve as the mainland’s
first line of defense against the impacts
of severe storms. With the passage of the
Coastal Barrier Resources Act (CBRA) in
1982 (16 U.S.C. 3501 et seq.), Congress
recognized that certain actions and
programs of the Federal Government
have historically subsidized and
encouraged development on stormprone and highly dynamic coastal
barriers, and the result has been the loss
of natural resources; threats to human
life, health, and property; and the
expenditure of billions of tax dollars.
CBRA established the CBRS, which
originally comprised 186 geographic
units encompassing approximately
453,000 acres of relatively undeveloped
lands and associated aquatic habitat
along the Atlantic and Gulf of Mexico
coasts. The CBRS was expanded by the
Coastal Barrier Improvement Act of
1990 (CBIA; Pub. L. 101–591) to include
additional areas along the Atlantic and
Gulf of Mexico coasts, as well as areas
along the coasts of the Great Lakes, the
U.S. Virgin Islands, and Puerto Rico.
The CBRS now comprises a total of
870 geographic units, encompassing
approximately 3.5 million acres of land
and associated aquatic habitat. These
areas are depicted on a series of maps
and known as the John H. Chafee
Coastal Barrier Resources System. Most
new Federal expenditures and financial
assistance that would have the effect of
encouraging development are prohibited
within the CBRS. Development can still
occur within the CBRS, provided that
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private developers or other non-Federal
parties bear the full cost.
The CBRS includes two types of units,
System Units and Otherwise Protected
Areas (OPAs). System Units contain
areas that were relatively undeveloped
and predominantly privately owned at
the time of designation, though they
may also contain areas held for
conservation and/or recreation. Most
new Federal expenditures and financial
assistance, including Federal flood
insurance, are prohibited within System
Units. OPAs are predominantly
comprised of conservation and/or
recreation areas such as national
wildlife refuges, State and national
parks, and local and private
conservation areas, though they may
also contain private areas not held for
conservation and/or recreation. OPAs
are denoted with a ‘‘P’’ at the end of the
unit number. The only Federal spending
prohibition within OPAs is the
prohibition related to Federal flood
insurance.
The Secretary, through the Service, is
responsible for administering CBRA,
which includes maintaining the official
maps of the CBRS, determining whether
certain areas are located within the
CBRS, consulting with Federal agencies
that propose to spend funds within the
CBRS, preparing updated maps of the
CBRS, and making recommendations to
Congress regarding changes to the
CBRS. Aside from three minor
exceptions, only Congress—through
legislation—can modify the maps of the
CBRS to add or remove land. These
exceptions, which allow the Secretary to
make limited modifications to the CBRS
(16 U.S.C. 3503(c)–(e)), are for: (1)
Changes that have occurred to the CBRS
as a result of natural forces, (2)
voluntary additions to the CBRS by
property owners, and (3) additions of
excess Federal property to the CBRS.
The Service receives numerous
requests from property owners and
other interested parties who seek to
remove areas from the CBRS. When
assessing potential removals from and
additions to the CBRS, the Service
considers a set of guiding principles and
criteria which are further described
under Types of Boundary Changes,
below. The Service generally does not
recommend removals from the CBRS,
unless there is clear and compelling
evidence that a mapping error was
made. In cases where mapping errors
are found, the Service recommends
changes to the maps and works with
Congress and other interested parties to
create comprehensively revised maps
using modern digital technology.
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Coastal Barrier Resources System
Remapping Methodology
The methodology described below is
the general process through which the
Service prepares comprehensively
revised CBRS boundaries, including
those produced through this technical
correction for certain Florida and South
Carolina units. This methodology is
consistent with the methodology used
for prior comprehensive remapping
efforts, including the Service’s
Hurricane Sandy Remapping Project
(affecting nine States in the northeast)
that is described in a notice the Service
published in the Federal Register on
March 12, 2018 (83 FR 10739).
Data Mining and Research
The Service procures the best
available data and information
necessary to: (1) Determine whether the
existing CBRS unit boundaries
appropriately follow the features they
were intended to follow on-the-ground;
(2) determine the level of development
that was on-the-ground when the areas
were originally included within the
CBRS (e.g., dates of construction and
density of development); (3) identify
qualifying additions; and (4) evaluate
unit type classifications (i.e., System
Unit or OPA).
We review all applicable historical
background records of the CBRS units
(maintained by the Service), reports to
Congress, public laws, legislative
history, testimony from Congressional
hearings, Federal Register notices,
current and historical CBRS maps, the
1982 and 1994 CBRS photographic
atlases (a set of aerial photography
maintained by the Service with the
CBRS unit boundaries overlaid),
materials submitted by interested
parties and their representatives in
Congress, and other data and
information.
When necessary, we also obtain and
assess both geospatial and nongeospatial data from a variety of Federal
sources (e.g., Federal Emergency
Management Agency, National Oceanic
and Atmospheric Administration, U.S.
Army Corps of Engineers, U.S.
Department of Agriculture, Service’s
National Wetlands Inventory and refuge
programs, and U.S. Geological Survey),
as well as State, local, and
nongovernmental sources. These data
may include, but are not limited to,
current and historical aerial imagery,
natural resource and natural hazard data
(e.g., wetlands data, shoreline change
data, and flood hazard data), land
ownership and development data (e.g.,
property parcel data and construction
date information), and conservation and
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recreation area data (e.g., park and
wildlife refuge parcel boundaries,
conservation easement data, and parcel
acquisition dates). Some of these data
sets are available for download on the
internet or through specific requests to
the data steward, while others can only
be reviewed online through mappers,
websites, and/or databases.
Proposed CBRS boundaries prepared
by the Service are based upon the best
available information that the Service is
able to obtain. In some cases, there are
challenges associated with the data
mining and research process. Data may
be unavailable, unobtainable within a
reasonable time frame, incomplete,
outdated, and/or in conflict with other
data of the same type from a different
source. Construction dates and both
present and historical land ownership
information can be difficult to obtain
and validate for certain areas (in
particular, ownership information for
undeveloped wetland areas). It is also
difficult in some cases to determine
structure type and use (e.g., residential,
commercial, or other).
Initial Stakeholder Outreach
During the data mining and research
phase of the technical correction review,
the Service generally conducts outreach
with certain landowners and/or
managers of coastal barrier areas that are
‘‘otherwise protected’’ (as defined by the
CBIA), meaning within the boundaries
of an area established under Federal,
State, or local law, or held by a qualified
organization (defined under the Internal
Revenue Code (26 U.S.C. 170(h)(3)),
primarily for wildlife refuge, sanctuary,
recreational purposes, or natural
resource conservation purposes. Such
outreach is generally not conducted
with the landowners and/or managers of
areas that do not meet the definition of
‘‘otherwise protected.’’ This includes
areas zoned or regulated by State or
local governments for the purpose of
restricting the nature or density of
development, but where such regulation
does not necessarily reflect the intent of
the property owners to protect the area
for conservation and/or recreation in
perpetuity (e.g., local zoning categories
such as dune districts, inlet hazard
areas, and setback zones and areas
subject to conservation easements or
leases that have limited restrictions).
Conservation/recreation area
landowners and/or managers are
contacted during the data mining and
research phase in cases where the
following information is necessary to
prepare the proposed boundaries: (1)
The location of conservation and/or
recreation area boundaries (primarily in
cases where the CBRS unit boundary
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was intended to be coincident with that
boundary and there is conflicting
information about the parcel boundary
location), and/or (2) the acquisition
date(s) of the conservation and/or
recreation area. Additionally,
conservation/recreation area
landowners and/or managers are
contacted when the Service requires
additional information necessary to
determine the appropriate CBRS unit
type classification (i.e., System Unit or
OPA) for a particular conservation and/
or recreation area.
Given the large number of
conservation and/or recreation area
stakeholders within certain areas and
complexities associated with mapping
numerous small parcels, we generally
limit our initial outreach to those
stakeholders that own and/or manage
conservation and/or recreation areas
that are greater than approximately 10
acres in size within the existing and/or
proposed System Units. See Types of
Boundary Changes, below, for
additional information about the
mapping of conservation/recreation
areas within the CBRS.
Additional outreach to these groups
and a broader group of stakeholders is
being conducted as part of the public
review process; see Request for
Comments, below, for further
information.
Acreage Calculations
The Service calculates the acreage of
the CBRS units to help assess the areal
extent of the units and to quantify
proposed changes. The total acreage of
a CBRS unit is comprised of fastland
(land above mean high tide) and
associated aquatic habitat (wetlands and
open water). For the purpose of
calculating acreage for CBRS remapping
projects, the wetland/fastland acreage
breakdown of the units is derived from
the Service’s National Wetlands
Inventory (NWI) data. A shoreline is
delineated (as described below) to be
used in conjunction with the boundaries
of the unit to calculate acreage, and only
areas landward of this shoreline are
included in the calculation. The
associated aquatic habitat acreage
numbers include open water landward
of the coastal barrier, but not nearshore
or offshore waters seaward of the
shoreline. The offshore acreage of the
units is not calculated, because a fixed
seaward boundary for the units is
generally not drawn due to the highly
dynamic nature of the littoral zone.
Although acreage for offshore areas is
not calculated, the entire sand sharing
system on the seaward side, including
the beach and nearshore area, is
included within the CBRS units. The
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sand sharing system of coastal barriers
is normally defined by the 30-foot
bathymetric contour. In the Great Lakes
and in large coastal embayments (e.g.,
Chesapeake Bay, Delaware Bay, and
Narragansett Bay), the sand sharing
system is more limited in extent. In
these cases, the sand sharing system is
defined by the 20-foot bathymetric
contour or a line approximately 1 mile
seaward of the shoreline, whichever is
nearer the coastal barrier.
Shoreline Calculations
The Service calculates the shoreline
of the units to help assess the linear
extent of the CBRS and to facilitate the
calculation of the acreage of the units as
described above. For the purposes of
CBRS remapping projects, the Service
digitizes a shoreline boundary to
artificially close off the units along the
seaward shoreline. This shoreline
boundary generally follows the wet/dry
sand line along the seaward side of the
unit as interpreted from the base
imagery. Additionally, the shoreline
boundary spans any inlets and/or other
dividing water bodies within each unit.
In some cases, highly convoluted
shorelines are generalized. Due to the
complexities of shoreline delineations,
acreage numbers (rather than shoreline
miles) are the most reliable way to
quantify proposed changes to the CBRS
for individual units.
Types of Boundary Changes
The Service applies objective
mapping protocols, statutory criteria,
and a set of guiding principles for
assessing modifications to the CBRS. In
1982 and 1985, the Department
published guidance in the Federal
Register (47 FR 35696 (August 16, 1982)
and 50 FR 8698 (March 4, 1985)) for
delineating CBRS unit boundaries. The
Department’s Undeveloped Coastal
Barriers: Report to Congress (1982) and
Report to Congress: Coastal Barrier
Resources System (1988) and the
Service’s Final Report to Congress: John
H. Chafee Coastal Barrier Resources
System Digital Mapping Pilot Project
(2016) also contain protocols, criteria,
and guiding principles for CBRS
mapping. The different types of changes
proposed through CBRS remapping
projects include modifications to reflect
geomorphic change; alignment with
geomorphic, development, and cultural
features; additions to and removals from
the CBRS; and modifications to CBRS
boundaries in channels. Additionally,
CBRS unit type classifications (and
reclassifications) are determined
according to a standard protocol
described below.
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Modifications To Reflect Geomorphic
Change
CBRA requires that the Service review
the maps of the CBRS at least once every
5 years and make modifications to the
boundaries of the units to account for
changes caused by natural forces such
as accretion and erosion (16 U.S.C.
3503(c)). This type of change can be
made by the Service administratively;
however, it is also incorporated into
comprehensive remapping efforts for
efficiency and cost-saving purposes. The
boundaries of System Units and OPAs
are modified where appropriate to
account for natural changes that have
occurred since the maps were last
updated.
Alignment With Geomorphic Features
CBRS boundaries are often intended
to follow geomorphic features such as a
shoreline or the interface between
wetlands and fastlands. This applies
mostly to System Units, though there
are many cases where OPA boundaries
follow geomorphic features. The
boundaries of System Units and OPAs
are modified where appropriate to align
with underlying geomorphic features.
Alignment With Development Features
CBRS boundaries are often intended
to follow development features, such as
the edge of a road, a bridge, or the
‘‘break-in-development’’ that existed onthe-ground when the area was included
within the CBRS. The break-indevelopment is where development
ended, immediately adjacent to the last
structure in a cluster or row of
structures, or at the property parcel
boundary of the last structure. This
applies mostly to System Units, though
there are cases where OPA boundaries
follow development features. The
boundaries of System Units and OPAs
are modified where appropriate to align
with development features.
Alignment With Cultural Features
CBRS boundaries are often intended
to follow cultural features such as roads
and political boundaries (e.g., State,
county, and town boundaries) or
conservation/recreation area
boundaries. Both System Units and
OPAs follow cultural features; however,
this applies especially to OPAs, which
often coincide with the boundaries of
the underlying conservation and/or
recreation areas (although there are
exceptions). The boundaries of System
Units and OPAs are modified where
appropriate to align with cultural
features.
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Additions to the Coastal Barrier
Resources System
In carrying out CBRS remapping
projects, the Service often finds areas of
undeveloped fastland and associated
aquatic habitat that are not currently
within the CBRS but are appropriate for
inclusion (either as additions to existing
units or as entirely new units). When
assessing whether an area may be
appropriate for addition to the CBRS,
the Service considers the following
guiding principles:
(1) Whether the area may reasonably
be considered to be a coastal barrier
feature, or related to a coastal barrier
ecosystem (this generally includes areas
that are inherently vulnerable to coastal
hazards such as flooding, storm surge,
wind, erosion, and sea level rise) and
(2) Whether inclusion of the area
within the CBRS is rationally related to
the purposes of CBRA (i.e., to minimize
the loss of human life, wasteful
expenditure of Federal revenues, and
damage to fish, wildlife, and other
natural resources).
When assessing potential additions to
the CBRS, the Service also considers the
following criteria:
(1) The level of development on-theground (i.e., whether the number of
structures or complement of
infrastructure on-the-ground exceeds
the threshold for the area to be
considered undeveloped) (16 U.S.C.
3503(g)(1)) and/or
(2) In the case of certain additions to
existing units, the location of
geomorphic, cultural, and development
features on-the-ground at the time the
adjacent area was included within the
CBRS (i.e., whether the CBRS boundary
lines on the maps precisely follow the
underlying features they were intended
to follow on-the-ground).
The boundaries of System Units and
OPAs are modified where appropriate to
add undeveloped fastland and
associated aquatic habitat to the CBRS
(either as additions to existing units or
as entirely new units). Such additions to
the CBRS are consistent with section
4(c)(3) of the 2006 Coastal Barrier
Resources Reauthorization Act, which
directs the Secretary to make
recommendations for expansion of the
CBRS. The unit type classification (i.e.,
System Unit versus OPA) is determined
according to the protocol described
below, under Coastal Barrier Resources
System Unit Type Classification.
Additionally, the Service
accommodates requests from
landowners for voluntary additions to
the CBRS or reclassifications of
conservation/recreation areas from OPA
to System Unit status. Voluntary
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additions to the CBRS can be made by
the Service administratively (16 U.S.C.
3503(d)); however, they are also
incorporated into ongoing CBRS
mapping projects like this one for
efficiency and cost-saving purposes.
Removals From the Coastal Barrier
Resources System
In carrying out CBRS remapping
projects, the Service also finds areas that
were inappropriately included within
the CBRS and constitute technical
mapping errors. When assessing
whether an area may be appropriate for
removal from the CBRS, the Service
considers the following guiding
principles:
(1) Whether the area may reasonably
be considered to be a coastal barrier
feature, or related to a coastal barrier
ecosystem (this generally includes areas
that are inherently vulnerable to coastal
hazards such as flooding, storm surge,
wind, erosion, and sea level rise) and
(2) Whether inclusion of the area
within the CBRS is rationally related to
the purposes of CBRA (i.e., to minimize
the loss of human life, wasteful
expenditure of Federal revenues, and
damage to fish, wildlife, and other
natural resources).
The Service considers a technical
mapping error to be a mistake in the
delineation of the CBRS boundaries that
was made as a result of incorrect,
outdated, or incomplete information
(often stemming from inaccuracies on
the original base maps). When assessing
whether an area may be appropriate for
removal, the Service also considers the
following criteria:
(1) The level of development on-theground at the time the area was
included within the CBRS (i.e., the
number of structures or complement of
infrastructure on-the-ground exceeded
the threshold for the area to be
considered undeveloped) (16 U.S.C.
3503(g)(1)) and/or
(2) The location of geomorphic,
cultural, and development features onthe-ground at the time the area was
included within the CBRS (i.e., the
CBRS boundary lines on the maps do
not precisely follow the underlying
features they were intended to follow
on-the-ground).
The boundaries of System Units and
OPAs are modified where appropriate to
remove areas that were inappropriately
included within the CBRS and
constitute technical mapping errors.
Modifications to Coastal Barrier
Resources System Boundaries in
Channels
In carrying out CBRS remapping
projects, the Service finds that the CBRS
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121
unit boundaries following channels in
some cases include the entire channel
and in other cases include none of the
channel within the unit. The boundaries
of System Units and OPAs are modified
where appropriate to include the entire
extent of the channel within the unit. In
cases where a System Unit and an OPA
share a coincident boundary that
follows a channel located between the
two units, the entire channel is
generally included within the System
Unit. In cases where two System Units
or two OPAs fall within a channel, the
coincident boundary is generally placed
at the center of the channel. A buffer (of
about 20 feet) is generally applied along
developed shorelines (i.e., where
structures and/or infrastructure such as
seawalls, bulkheads, and roads are very
close to and run parallel to or are
coincident with the shoreline) to ensure
that existing development and
infrastructure located on the shoreline
are not inadvertently included within
the CBRS.
Coastal Barrier Resources System Unit
Type Classification
In carrying out CBRS remapping
projects, the Service considers the
qualifying coastal barrier feature and
delineates the unit boundaries in
accordance with the protocols, criteria,
and guiding principles identified above,
regardless of whether the area is (or was
previously) owned or managed for
conservation and/or recreation. In other
words, the boundaries of both System
Units and OPAs are generally drawn
using the same protocols, criteria, and
guiding principles. The Service then
determines the unit type classification
(for proposed additions) and
reclassification (for existing units) in
accordance with the protocols below.
The unit type classification (i.e.,
System Unit versus OPA) is based on
whether or not the unit was
predominantly held for conservation
and/or recreation at the time of
designation, and is modified where
appropriate and practicable. Such unit
type modifications for areas that are
currently within the CBRS are referred
to as ‘‘reclassifications.’’ The
reclassified areas are either added to an
existing adjacent unit of the same type
or assigned a new unit number. The
following considerations are applied for
unit type classification and
reclassification.
Areas Not Held for Conservation/
Recreation Within Otherwise Protected
Areas
Areas that are not held for
conservation/recreation may be
included within OPAs if they are: (1)
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Interspersed with and/or adjacent to a
larger conservation/recreation area, and
(2) located in coastal barrier areas that
were undeveloped according to CBRA’s
statutory development criteria (16
U.S.C. 3503(g)(1)) at the time they were
included within the CBRS (or are
currently undeveloped in the case of
proposed additions). Additionally,
privately held inholdings (developed or
undeveloped private tracts that are
contained within the exterior
boundaries of the conservation and/or
recreation area) may also be included
within OPAs.
Conservation/Recreation Areas Within
System Units
Areas Held for Conservation/Recreation
Prior to CBRS Designation
Areas that are held for conservation/
recreation may be included within
System Units if they are: (1)
Interspersed with and/or adjacent to a
larger area that is not held for
conservation/recreation and (2)
undeveloped according to CBRA’s
statutory development criteria (16
U.S.C. 3503(g)(1)) at the time they were
included within the CBRS (or are
currently undeveloped in the case of
proposed additions).
For conservation/recreation areas
greater than 10 acres, the Service
coordinates with the landowners (or
managers) to seek their concurrence on
inclusion of their area within the
System Unit. If the owners do not
concur with System Unit status, the
Service classifies such areas as OPAs to
the extent practicable. However, minor
conservation/recreation areas (fastlands
and wetlands smaller than 10 acres) and
certain areas of open water would be
impractical from a mapping perspective
to delineate separately as OPAs and
therefore may be included within
System Units. Outreach is generally not
conducted for these minor areas during
the initial stakeholder outreach phase of
the project (described above under
Coastal Barrier Resources System
Remapping Methodology). Descriptions
of such ‘‘minor’’ areas within System
Units are included in the set of unit
summaries that describe the Service’s
proposed changes to the CBRS. See
Availability of Proposed Coastal Barrier
Resources System Boundaries and
Related Information, below, for
information on where to access the unit
summaries.
The Service’s records indicate that
some conservation/recreation areas were
intentionally added to the CBRS as
System Units in the past. The Service
generally does not seek concurrence
from conservation/recreation area
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owners (regardless of size) when there is
evidence of such prior intent, including
letters from the stakeholder in the
Service’s records indicating that the
organization supported inclusion of the
property within the System Unit in the
past, or records of specific changes to
the Department’s recommended maps
made by the Congressional committees
that reviewed them prior to their
enactment.
Areas Held for Conservation/Recreation
After Area Designated as CBRS
If an area is dedicated to conservation
and/or recreation after its initial
inclusion within a System Unit, it is
generally not reclassified to an OPA.
Proposed Modifications to the CBRS
The Service has prepared draft
revised boundaries that propose
modifications to the CBRS in Florida
and South Carolina in accordance with
the methodology described above. The
proposed revisions would remove areas
that were inappropriately included
within the CBRS in the past and add
areas that meet CBRA’s criteria for
inclusion within the CBRS (16 U.S.C.
3503(g)(1)). The proposed revisions
would also reclassify certain areas from
System Unit to OPA, and vice versa.
A summary of metrics associated with
the proposed changes by county/State is
provided below. More detailed
information regarding the specific
proposed changes to each unit is
available in a set of unit summaries. See
Availability of Proposed Coastal Barrier
Resources System Boundaries and
Related Information, below, for
information on where to access the unit
summaries.
Okaloosa and Walton Counties, Florida
The Service has prepared
comprehensively revised proposed
boundaries for Moreno Point Unit P32/
P32P in Okaloosa and Walton Counties,
Florida. The proposed boundaries for
the Florida units would remove 17 acres
from the CBRS (14 acres of fastland and
3 acres of associated aquatic habitat)
and add 57 acres to the CBRS (7 acres
of fastland and 50 acres of associated
aquatic habitat). The proposed
boundaries would remove 31 structures
from the CBRS and add no structures to
the CBRS.
Beaufort County and Charleston
Counties, South Carolina
The Service has prepared
comprehensively revised proposed
boundaries for Morris Island Complex
M06 in Charleston County, South
Carolina, and for Harbor Island Unit
M11, St. Phillips Unit M12, and
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Hunting Island Unit SC–09P in Beaufort
County, South Carolina. The proposed
boundaries include two proposed new
OPAs, Morris Island Complex M06P and
St. Phillips Unit M12P, which are
within the vicinity of the existing units
in Beaufort and Charleston Counties.
These proposed new units are
comprised entirely of areas that are not
currently contained within the CBRS.
The proposed boundaries for the
South Carolina units would remove 13
acres from the CBRS (all fastland) and
add 9,956 acres to the CBRS (593 acres
of fastland and 9,363 acres of associated
aquatic habitat). The proposed
boundaries would remove nine
structures from the CBRS and add one
structure to the CBRS.
Proposed Additions to the Coastal
Barrier Resources System
The draft revised boundaries for the
Florida and South Carolina units would
make additions to the CBRS (including
the creation of two new units) that are
consistent with a directive in section 4
of the 2006 CBRRA concerning
recommendations for expansion of the
CBRS. The proposed boundaries are
based upon the best data available to the
Service at the time the areas were
reviewed. Our assessment indicated that
any new areas proposed for addition to
the CBRS were relatively undeveloped
at the time the proposed boundaries
were created.
CBRA (16 U.S.C. 3503(g)) requires
that we consider the following criteria
when assessing the development status
of a potential addition to the CBRS: (1)
Whether the density of development is
less than one structure per 5 acres of
land above mean high tide (which
generally suggests eligibility for
inclusion within the CBRS); and (2)
whether there is existing infrastructure
consisting of a road, with a reinforced
road bed, to each lot or building site in
the area; a wastewater disposal system
sufficient to serve each lot or building
site in the area; electric service for each
lot or building site in the area; and a
fresh water supply for each lot or
building site in the area (which
generally suggests ineligibility for
inclusion within the CBRS).
If, upon review of the proposed
boundaries, interested parties find that
any areas proposed for addition to the
CBRS are currently developed
(according to the criteria codified at 16
U.S.C. 3503(g)), they may submit
supporting documentation of such
development to the Service during this
public comment period. For any areas
proposed for addition to the CBRS, we
will consider the density of
development and level of infrastructure
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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
on-the-ground as of the close of the
comment period (see DATES, above).
Request for Comments
Section 4 of the 2006 CBRRA requires
the Secretary to provide an opportunity
for the submission of public comments.
We invite the public to review and
comment on the proposed CBRS
boundaries for CBRS Units P32/P32P,
M06/M06P, M11, M12/M12P, and SC–
09P. The Service is specifically
notifying the following stakeholders
concerning the availability of the
proposed boundaries: The Chair and
Ranking Member of the House of
Representatives Committee on Natural
Resources; the Chair and Ranking
Member of the Senate Committee on
Environment and Public Works; the
members of the Senate and House of
Representatives for the affected areas;
the Governors of Florida and South
Carolina; organizations that own (or
manage) land held for conservation and/
or recreation within the existing and
proposed units (where such ownership
information and mailing addresses were
publicly available); other appropriate
Federal, State, and local officials; and
appropriate nongovernmental
organizations.
The Service is generally not notifying
individual private property owners
concerning the availability of the
proposed boundaries (except for
individuals who have specifically
contacted us in the past concerning a
technical correction request). However,
the Service encourages local officials to
distribute the ‘‘Dear Interested Party’’
notification letter included in the
stakeholder outreach toolkit, described
below under Availability of Proposed
Coastal Barrier Resources System
Boundaries and Related Information, to
affected property owners in their
communities.
Interested parties may submit written
comments and accompanying data as
described in ADDRESSES, above.
Comments regarding specific CBRS
unit(s) should reference the appropriate
unit number(s) and unit name(s). We
must receive comments on or before the
date listed above in DATES.
Following the close of the comment
period, we will review all comments we
receive on the proposed boundaries and
make adjustments to the boundaries, as
appropriate, based on information
received through public comments,
updated aerial imagery, CBRA criteria,
and objective mapping protocols. We
will then prepare final recommended
maps to be submitted to Congress. The
final recommended maps will become
effective only if they are adopted by
Congress through legislation.
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Availability of Proposed Coastal
Barrier Resources System Boundaries
and Related Information
DEPARTMENT OF THE INTERIOR
The CBRS Projects Mapper (an online
interface for the public to view the
proposed boundaries and obtain
information about the proposed
changes) and unit summaries
(containing historical changes and
proposed changes to the individual
units) can be accessed from the
Service’s website at https://
www.fws.gov/cbra. A shapefile of the
proposed CBRS boundaries, which can
be used with GIS software, is also
available for download. The shapefile is
best viewed using the base imagery to
which the boundaries were drawn; the
base imagery sources and dates are
included in the metadata for the
shapefile. The Service is not responsible
for any misuse or misinterpretation of
the shapefile. You may submit a public
comment using one of the methods
listed above in ADDRESSES.
Additionally, a stakeholder outreach
toolkit (comprising unit summaries, a
shapefile of the draft revised
boundaries, and a ‘‘Dear Interested
Party’’ notification letter) will be made
available to local officials upon request.
Local officials may use this toolkit to
increase awareness of the project within
their communities. Local officials may
contact the individual identified in FOR
FURTHER INFORMATION CONTACT, above,
for more information regarding the
toolkit. We recommend that any local
community officials who want to use
the outreach toolkit request it as soon as
possible to allow outreach activities to
occur in time for the public to submit
comments before the comment period
closes (see DATES).
Interested parties who are unable to
access the proposed boundaries or other
information online may contact the
individual identified in FOR FURTHER
INFORMATION CONTACT, above, and
reasonable accommodations will be
made.
[FWS–HQ–NWRS–2020–N155;
FXRS12630900000/FF09R81000; OMB
Control Number 1018–New]
123
Fish and Wildlife Service
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; U.S. Fish and Wildlife
Service Concessions
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
Gary Frazer,
Assistant Director for Ecological Services,
U.S. Fish and Wildlife Service.
In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing a new
information collection in use without an
OMB Control Number.
DATES: Interested persons are invited to
submit comments on or before February
3, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under Review—Open for
Public Comments’’ or by using the
search function. Please provide a copy
of your comments to the Service
Information Collection Clearance
Officer, U.S. Fish and Wildlife Service,
MS: PRB/PERMA (JAO/3W), 5275
Leesburg Pike, Falls Church, VA 22041–
3803 (mail); or by email to Info_Coll@
fws.gov. Please reference OMB Control
Number 1018—Concessions in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT:
Madonna L. Baucum, Service
Information Collection Clearance
Officer, by email at Info_Coll@fws.gov,
or by telephone at (703) 358–2503.
Individuals who are hearing or speech
impaired may call the Federal Relay
Service at 1–800–877–8339 for TTY
assistance. You may also view the
information collection request (ICR) at
https://www.reginfo.gov/public/do/
PRAMain.
[FR Doc. 2020–29043 Filed 12–31–20; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 4333–15–P
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SUMMARY:
In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), we
provide the general public and other
Federal agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
E:\FR\FM\04JAN1.SGM
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Agencies
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 118-123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29043]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-ES-2019-0058; FF09E15000-FXES111609B0000-190]
John H. Chafee Coastal Barrier Resources System; Okaloosa and
Walton Counties, FL; Beaufort and Charleston Counties, SC; Availability
of Draft Revised Boundaries and Request for Comments
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coastal Barrier Resources Reauthorization Act of 2006
requires the Secretary of the Interior to prepare digital versions of
the John H. Chafee Coastal Barrier Resources System (CBRS) maps and
make recommendations for the expansion of the CBRS. We, the U.S. Fish
and Wildlife Service, have prepared draft revised boundaries for two
existing CBRS units in Okaloosa and Walton Counties, Florida, and for
four existing units and two proposed new units in Beaufort and
Charleston Counties, South Carolina. This notice announces the
availability of the proposed boundaries for public review and comment.
DATES:
Accessing documents: Requests for the stakeholder outreach toolkit
described under Availability of Proposed Coastal Barrier Resources
System Boundaries and Related Information, below, should be made by
February 3, 2021 to encourage any local outreach to be conducted early
in the comment period, leaving ample time for the public to review and
submit comments. However, requests made after this date, within a
reasonable time, will be fulfilled.
Submitting comments: To ensure consideration, we must receive your
written comments by March 5, 2021.
ADDRESSES: You may submit written comments by one of the following
methods:
Electronically: Go to the Federal e-Rulemaking Portal:
https://www.regulations.gov. Search for FWS-HQ-ES-2019-0058, which is
the docket number for this notice.
By hard copy: Submit by U.S. mail or hand-delivery to:
Public Comments Processing, Attn: Docket No. FWS-HQ-ES-2019-0058, U.S.
Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB/3W, Falls
Church, VA 22041-3808.
We request that you send comments by only one of the methods
described above. We will post all information received on https://www.regulations.gov. If you provide personal identifying information in
your comment, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers
Coordinator, via telephone at 703-358-2071, by email at [email protected],
or via the Federal Relay Service at 800-877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: The Coastal Barrier Resources
Reauthorization Act of 2006 (CBRRA; section 4 of Pub. L. 109-226)
requires the Secretary of the Interior (Secretary) to prepare digital
versions of the John H. Chafee Coastal Barrier Resources System (CBRS)
maps and make recommendations for the expansion of the CBRS. We, the
U.S. Fish and Wildlife Service (Service), have prepared draft revised
boundaries for two existing CBRS units in Okaloosa and Walton Counties,
Florida, and for four existing units and two proposed new units in
Beaufort and Charleston Counties, South Carolina. This notice announces
the availability of the proposed boundaries for public review and
comment.
Background on the Coastal Barrier Resources System
Coastal barrier ecosystems are inherently dynamic systems located
at the interface of land and sea. Coastal barriers and their associated
aquatic habitat (wetlands and open water) provide important habitat for
fish and wildlife, and serve as the mainland's first line of defense
against the impacts of severe storms. With the passage of the Coastal
Barrier Resources Act (CBRA) in 1982 (16 U.S.C. 3501 et seq.), Congress
recognized that certain actions and programs of the Federal Government
have historically subsidized and encouraged development on storm-prone
and highly dynamic coastal barriers, and the result has been the loss
of natural resources; threats to human life, health, and property; and
the expenditure of billions of tax dollars.
CBRA established the CBRS, which originally comprised 186
geographic units encompassing approximately 453,000 acres of relatively
undeveloped lands and associated aquatic habitat along the Atlantic and
Gulf of Mexico coasts. The CBRS was expanded by the Coastal Barrier
Improvement Act of 1990 (CBIA; Pub. L. 101-591) to include additional
areas along the Atlantic and Gulf of Mexico coasts, as well as areas
along the coasts of the Great Lakes, the U.S. Virgin Islands, and
Puerto Rico.
The CBRS now comprises a total of 870 geographic units,
encompassing approximately 3.5 million acres of land and associated
aquatic habitat. These areas are depicted on a series of maps and known
as the John H. Chafee Coastal Barrier Resources System. Most new
Federal expenditures and financial assistance that would have the
effect of encouraging development are prohibited within the CBRS.
Development can still occur within the CBRS, provided that
[[Page 119]]
private developers or other non-Federal parties bear the full cost.
The CBRS includes two types of units, System Units and Otherwise
Protected Areas (OPAs). System Units contain areas that were relatively
undeveloped and predominantly privately owned at the time of
designation, though they may also contain areas held for conservation
and/or recreation. Most new Federal expenditures and financial
assistance, including Federal flood insurance, are prohibited within
System Units. OPAs are predominantly comprised of conservation and/or
recreation areas such as national wildlife refuges, State and national
parks, and local and private conservation areas, though they may also
contain private areas not held for conservation and/or recreation. OPAs
are denoted with a ``P'' at the end of the unit number. The only
Federal spending prohibition within OPAs is the prohibition related to
Federal flood insurance.
The Secretary, through the Service, is responsible for
administering CBRA, which includes maintaining the official maps of the
CBRS, determining whether certain areas are located within the CBRS,
consulting with Federal agencies that propose to spend funds within the
CBRS, preparing updated maps of the CBRS, and making recommendations to
Congress regarding changes to the CBRS. Aside from three minor
exceptions, only Congress--through legislation--can modify the maps of
the CBRS to add or remove land. These exceptions, which allow the
Secretary to make limited modifications to the CBRS (16 U.S.C. 3503(c)-
(e)), are for: (1) Changes that have occurred to the CBRS as a result
of natural forces, (2) voluntary additions to the CBRS by property
owners, and (3) additions of excess Federal property to the CBRS.
The Service receives numerous requests from property owners and
other interested parties who seek to remove areas from the CBRS. When
assessing potential removals from and additions to the CBRS, the
Service considers a set of guiding principles and criteria which are
further described under Types of Boundary Changes, below. The Service
generally does not recommend removals from the CBRS, unless there is
clear and compelling evidence that a mapping error was made. In cases
where mapping errors are found, the Service recommends changes to the
maps and works with Congress and other interested parties to create
comprehensively revised maps using modern digital technology.
Coastal Barrier Resources System Remapping Methodology
The methodology described below is the general process through
which the Service prepares comprehensively revised CBRS boundaries,
including those produced through this technical correction for certain
Florida and South Carolina units. This methodology is consistent with
the methodology used for prior comprehensive remapping efforts,
including the Service's Hurricane Sandy Remapping Project (affecting
nine States in the northeast) that is described in a notice the Service
published in the Federal Register on March 12, 2018 (83 FR 10739).
Data Mining and Research
The Service procures the best available data and information
necessary to: (1) Determine whether the existing CBRS unit boundaries
appropriately follow the features they were intended to follow on-the-
ground; (2) determine the level of development that was on-the-ground
when the areas were originally included within the CBRS (e.g., dates of
construction and density of development); (3) identify qualifying
additions; and (4) evaluate unit type classifications (i.e., System
Unit or OPA).
We review all applicable historical background records of the CBRS
units (maintained by the Service), reports to Congress, public laws,
legislative history, testimony from Congressional hearings, Federal
Register notices, current and historical CBRS maps, the 1982 and 1994
CBRS photographic atlases (a set of aerial photography maintained by
the Service with the CBRS unit boundaries overlaid), materials
submitted by interested parties and their representatives in Congress,
and other data and information.
When necessary, we also obtain and assess both geospatial and non-
geospatial data from a variety of Federal sources (e.g., Federal
Emergency Management Agency, National Oceanic and Atmospheric
Administration, U.S. Army Corps of Engineers, U.S. Department of
Agriculture, Service's National Wetlands Inventory and refuge programs,
and U.S. Geological Survey), as well as State, local, and
nongovernmental sources. These data may include, but are not limited
to, current and historical aerial imagery, natural resource and natural
hazard data (e.g., wetlands data, shoreline change data, and flood
hazard data), land ownership and development data (e.g., property
parcel data and construction date information), and conservation and
recreation area data (e.g., park and wildlife refuge parcel boundaries,
conservation easement data, and parcel acquisition dates). Some of
these data sets are available for download on the internet or through
specific requests to the data steward, while others can only be
reviewed online through mappers, websites, and/or databases.
Proposed CBRS boundaries prepared by the Service are based upon the
best available information that the Service is able to obtain. In some
cases, there are challenges associated with the data mining and
research process. Data may be unavailable, unobtainable within a
reasonable time frame, incomplete, outdated, and/or in conflict with
other data of the same type from a different source. Construction dates
and both present and historical land ownership information can be
difficult to obtain and validate for certain areas (in particular,
ownership information for undeveloped wetland areas). It is also
difficult in some cases to determine structure type and use (e.g.,
residential, commercial, or other).
Initial Stakeholder Outreach
During the data mining and research phase of the technical
correction review, the Service generally conducts outreach with certain
landowners and/or managers of coastal barrier areas that are
``otherwise protected'' (as defined by the CBIA), meaning within the
boundaries of an area established under Federal, State, or local law,
or held by a qualified organization (defined under the Internal Revenue
Code (26 U.S.C. 170(h)(3)), primarily for wildlife refuge, sanctuary,
recreational purposes, or natural resource conservation purposes. Such
outreach is generally not conducted with the landowners and/or managers
of areas that do not meet the definition of ``otherwise protected.''
This includes areas zoned or regulated by State or local governments
for the purpose of restricting the nature or density of development,
but where such regulation does not necessarily reflect the intent of
the property owners to protect the area for conservation and/or
recreation in perpetuity (e.g., local zoning categories such as dune
districts, inlet hazard areas, and setback zones and areas subject to
conservation easements or leases that have limited restrictions).
Conservation/recreation area landowners and/or managers are
contacted during the data mining and research phase in cases where the
following information is necessary to prepare the proposed boundaries:
(1) The location of conservation and/or recreation area boundaries
(primarily in cases where the CBRS unit boundary
[[Page 120]]
was intended to be coincident with that boundary and there is
conflicting information about the parcel boundary location), and/or (2)
the acquisition date(s) of the conservation and/or recreation area.
Additionally, conservation/recreation area landowners and/or managers
are contacted when the Service requires additional information
necessary to determine the appropriate CBRS unit type classification
(i.e., System Unit or OPA) for a particular conservation and/or
recreation area.
Given the large number of conservation and/or recreation area
stakeholders within certain areas and complexities associated with
mapping numerous small parcels, we generally limit our initial outreach
to those stakeholders that own and/or manage conservation and/or
recreation areas that are greater than approximately 10 acres in size
within the existing and/or proposed System Units. See Types of Boundary
Changes, below, for additional information about the mapping of
conservation/recreation areas within the CBRS.
Additional outreach to these groups and a broader group of
stakeholders is being conducted as part of the public review process;
see Request for Comments, below, for further information.
Acreage Calculations
The Service calculates the acreage of the CBRS units to help assess
the areal extent of the units and to quantify proposed changes. The
total acreage of a CBRS unit is comprised of fastland (land above mean
high tide) and associated aquatic habitat (wetlands and open water).
For the purpose of calculating acreage for CBRS remapping projects, the
wetland/fastland acreage breakdown of the units is derived from the
Service's National Wetlands Inventory (NWI) data. A shoreline is
delineated (as described below) to be used in conjunction with the
boundaries of the unit to calculate acreage, and only areas landward of
this shoreline are included in the calculation. The associated aquatic
habitat acreage numbers include open water landward of the coastal
barrier, but not nearshore or offshore waters seaward of the shoreline.
The offshore acreage of the units is not calculated, because a fixed
seaward boundary for the units is generally not drawn due to the highly
dynamic nature of the littoral zone.
Although acreage for offshore areas is not calculated, the entire
sand sharing system on the seaward side, including the beach and
nearshore area, is included within the CBRS units. The sand sharing
system of coastal barriers is normally defined by the 30-foot
bathymetric contour. In the Great Lakes and in large coastal embayments
(e.g., Chesapeake Bay, Delaware Bay, and Narragansett Bay), the sand
sharing system is more limited in extent. In these cases, the sand
sharing system is defined by the 20-foot bathymetric contour or a line
approximately 1 mile seaward of the shoreline, whichever is nearer the
coastal barrier.
Shoreline Calculations
The Service calculates the shoreline of the units to help assess
the linear extent of the CBRS and to facilitate the calculation of the
acreage of the units as described above. For the purposes of CBRS
remapping projects, the Service digitizes a shoreline boundary to
artificially close off the units along the seaward shoreline. This
shoreline boundary generally follows the wet/dry sand line along the
seaward side of the unit as interpreted from the base imagery.
Additionally, the shoreline boundary spans any inlets and/or other
dividing water bodies within each unit. In some cases, highly
convoluted shorelines are generalized. Due to the complexities of
shoreline delineations, acreage numbers (rather than shoreline miles)
are the most reliable way to quantify proposed changes to the CBRS for
individual units.
Types of Boundary Changes
The Service applies objective mapping protocols, statutory
criteria, and a set of guiding principles for assessing modifications
to the CBRS. In 1982 and 1985, the Department published guidance in the
Federal Register (47 FR 35696 (August 16, 1982) and 50 FR 8698 (March
4, 1985)) for delineating CBRS unit boundaries. The Department's
Undeveloped Coastal Barriers: Report to Congress (1982) and Report to
Congress: Coastal Barrier Resources System (1988) and the Service's
Final Report to Congress: John H. Chafee Coastal Barrier Resources
System Digital Mapping Pilot Project (2016) also contain protocols,
criteria, and guiding principles for CBRS mapping. The different types
of changes proposed through CBRS remapping projects include
modifications to reflect geomorphic change; alignment with geomorphic,
development, and cultural features; additions to and removals from the
CBRS; and modifications to CBRS boundaries in channels. Additionally,
CBRS unit type classifications (and reclassifications) are determined
according to a standard protocol described below.
Modifications To Reflect Geomorphic Change
CBRA requires that the Service review the maps of the CBRS at least
once every 5 years and make modifications to the boundaries of the
units to account for changes caused by natural forces such as accretion
and erosion (16 U.S.C. 3503(c)). This type of change can be made by the
Service administratively; however, it is also incorporated into
comprehensive remapping efforts for efficiency and cost-saving
purposes. The boundaries of System Units and OPAs are modified where
appropriate to account for natural changes that have occurred since the
maps were last updated.
Alignment With Geomorphic Features
CBRS boundaries are often intended to follow geomorphic features
such as a shoreline or the interface between wetlands and fastlands.
This applies mostly to System Units, though there are many cases where
OPA boundaries follow geomorphic features. The boundaries of System
Units and OPAs are modified where appropriate to align with underlying
geomorphic features.
Alignment With Development Features
CBRS boundaries are often intended to follow development features,
such as the edge of a road, a bridge, or the ``break-in-development''
that existed on-the-ground when the area was included within the CBRS.
The break-in-development is where development ended, immediately
adjacent to the last structure in a cluster or row of structures, or at
the property parcel boundary of the last structure. This applies mostly
to System Units, though there are cases where OPA boundaries follow
development features. The boundaries of System Units and OPAs are
modified where appropriate to align with development features.
Alignment With Cultural Features
CBRS boundaries are often intended to follow cultural features such
as roads and political boundaries (e.g., State, county, and town
boundaries) or conservation/recreation area boundaries. Both System
Units and OPAs follow cultural features; however, this applies
especially to OPAs, which often coincide with the boundaries of the
underlying conservation and/or recreation areas (although there are
exceptions). The boundaries of System Units and OPAs are modified where
appropriate to align with cultural features.
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Additions to the Coastal Barrier Resources System
In carrying out CBRS remapping projects, the Service often finds
areas of undeveloped fastland and associated aquatic habitat that are
not currently within the CBRS but are appropriate for inclusion (either
as additions to existing units or as entirely new units). When
assessing whether an area may be appropriate for addition to the CBRS,
the Service considers the following guiding principles:
(1) Whether the area may reasonably be considered to be a coastal
barrier feature, or related to a coastal barrier ecosystem (this
generally includes areas that are inherently vulnerable to coastal
hazards such as flooding, storm surge, wind, erosion, and sea level
rise) and
(2) Whether inclusion of the area within the CBRS is rationally
related to the purposes of CBRA (i.e., to minimize the loss of human
life, wasteful expenditure of Federal revenues, and damage to fish,
wildlife, and other natural resources).
When assessing potential additions to the CBRS, the Service also
considers the following criteria:
(1) The level of development on-the-ground (i.e., whether the
number of structures or complement of infrastructure on-the-ground
exceeds the threshold for the area to be considered undeveloped) (16
U.S.C. 3503(g)(1)) and/or
(2) In the case of certain additions to existing units, the
location of geomorphic, cultural, and development features on-the-
ground at the time the adjacent area was included within the CBRS
(i.e., whether the CBRS boundary lines on the maps precisely follow the
underlying features they were intended to follow on-the-ground).
The boundaries of System Units and OPAs are modified where
appropriate to add undeveloped fastland and associated aquatic habitat
to the CBRS (either as additions to existing units or as entirely new
units). Such additions to the CBRS are consistent with section 4(c)(3)
of the 2006 Coastal Barrier Resources Reauthorization Act, which
directs the Secretary to make recommendations for expansion of the
CBRS. The unit type classification (i.e., System Unit versus OPA) is
determined according to the protocol described below, under Coastal
Barrier Resources System Unit Type Classification.
Additionally, the Service accommodates requests from landowners for
voluntary additions to the CBRS or reclassifications of conservation/
recreation areas from OPA to System Unit status. Voluntary additions to
the CBRS can be made by the Service administratively (16 U.S.C.
3503(d)); however, they are also incorporated into ongoing CBRS mapping
projects like this one for efficiency and cost-saving purposes.
Removals From the Coastal Barrier Resources System
In carrying out CBRS remapping projects, the Service also finds
areas that were inappropriately included within the CBRS and constitute
technical mapping errors. When assessing whether an area may be
appropriate for removal from the CBRS, the Service considers the
following guiding principles:
(1) Whether the area may reasonably be considered to be a coastal
barrier feature, or related to a coastal barrier ecosystem (this
generally includes areas that are inherently vulnerable to coastal
hazards such as flooding, storm surge, wind, erosion, and sea level
rise) and
(2) Whether inclusion of the area within the CBRS is rationally
related to the purposes of CBRA (i.e., to minimize the loss of human
life, wasteful expenditure of Federal revenues, and damage to fish,
wildlife, and other natural resources).
The Service considers a technical mapping error to be a mistake in
the delineation of the CBRS boundaries that was made as a result of
incorrect, outdated, or incomplete information (often stemming from
inaccuracies on the original base maps). When assessing whether an area
may be appropriate for removal, the Service also considers the
following criteria:
(1) The level of development on-the-ground at the time the area was
included within the CBRS (i.e., the number of structures or complement
of infrastructure on-the-ground exceeded the threshold for the area to
be considered undeveloped) (16 U.S.C. 3503(g)(1)) and/or
(2) The location of geomorphic, cultural, and development features
on-the-ground at the time the area was included within the CBRS (i.e.,
the CBRS boundary lines on the maps do not precisely follow the
underlying features they were intended to follow on-the-ground).
The boundaries of System Units and OPAs are modified where
appropriate to remove areas that were inappropriately included within
the CBRS and constitute technical mapping errors.
Modifications to Coastal Barrier Resources System Boundaries in
Channels
In carrying out CBRS remapping projects, the Service finds that the
CBRS unit boundaries following channels in some cases include the
entire channel and in other cases include none of the channel within
the unit. The boundaries of System Units and OPAs are modified where
appropriate to include the entire extent of the channel within the
unit. In cases where a System Unit and an OPA share a coincident
boundary that follows a channel located between the two units, the
entire channel is generally included within the System Unit. In cases
where two System Units or two OPAs fall within a channel, the
coincident boundary is generally placed at the center of the channel. A
buffer (of about 20 feet) is generally applied along developed
shorelines (i.e., where structures and/or infrastructure such as
seawalls, bulkheads, and roads are very close to and run parallel to or
are coincident with the shoreline) to ensure that existing development
and infrastructure located on the shoreline are not inadvertently
included within the CBRS.
Coastal Barrier Resources System Unit Type Classification
In carrying out CBRS remapping projects, the Service considers the
qualifying coastal barrier feature and delineates the unit boundaries
in accordance with the protocols, criteria, and guiding principles
identified above, regardless of whether the area is (or was previously)
owned or managed for conservation and/or recreation. In other words,
the boundaries of both System Units and OPAs are generally drawn using
the same protocols, criteria, and guiding principles. The Service then
determines the unit type classification (for proposed additions) and
reclassification (for existing units) in accordance with the protocols
below.
The unit type classification (i.e., System Unit versus OPA) is
based on whether or not the unit was predominantly held for
conservation and/or recreation at the time of designation, and is
modified where appropriate and practicable. Such unit type
modifications for areas that are currently within the CBRS are referred
to as ``reclassifications.'' The reclassified areas are either added to
an existing adjacent unit of the same type or assigned a new unit
number. The following considerations are applied for unit type
classification and reclassification.
Areas Not Held for Conservation/Recreation Within Otherwise Protected
Areas
Areas that are not held for conservation/recreation may be included
within OPAs if they are: (1)
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Interspersed with and/or adjacent to a larger conservation/recreation
area, and (2) located in coastal barrier areas that were undeveloped
according to CBRA's statutory development criteria (16 U.S.C.
3503(g)(1)) at the time they were included within the CBRS (or are
currently undeveloped in the case of proposed additions). Additionally,
privately held inholdings (developed or undeveloped private tracts that
are contained within the exterior boundaries of the conservation and/or
recreation area) may also be included within OPAs.
Conservation/Recreation Areas Within System Units
Areas Held for Conservation/Recreation Prior to CBRS Designation
Areas that are held for conservation/recreation may be included
within System Units if they are: (1) Interspersed with and/or adjacent
to a larger area that is not held for conservation/recreation and (2)
undeveloped according to CBRA's statutory development criteria (16
U.S.C. 3503(g)(1)) at the time they were included within the CBRS (or
are currently undeveloped in the case of proposed additions).
For conservation/recreation areas greater than 10 acres, the
Service coordinates with the landowners (or managers) to seek their
concurrence on inclusion of their area within the System Unit. If the
owners do not concur with System Unit status, the Service classifies
such areas as OPAs to the extent practicable. However, minor
conservation/recreation areas (fastlands and wetlands smaller than 10
acres) and certain areas of open water would be impractical from a
mapping perspective to delineate separately as OPAs and therefore may
be included within System Units. Outreach is generally not conducted
for these minor areas during the initial stakeholder outreach phase of
the project (described above under Coastal Barrier Resources System
Remapping Methodology). Descriptions of such ``minor'' areas within
System Units are included in the set of unit summaries that describe
the Service's proposed changes to the CBRS. See Availability of
Proposed Coastal Barrier Resources System Boundaries and Related
Information, below, for information on where to access the unit
summaries.
The Service's records indicate that some conservation/recreation
areas were intentionally added to the CBRS as System Units in the past.
The Service generally does not seek concurrence from conservation/
recreation area owners (regardless of size) when there is evidence of
such prior intent, including letters from the stakeholder in the
Service's records indicating that the organization supported inclusion
of the property within the System Unit in the past, or records of
specific changes to the Department's recommended maps made by the
Congressional committees that reviewed them prior to their enactment.
Areas Held for Conservation/Recreation After Area Designated as CBRS
If an area is dedicated to conservation and/or recreation after its
initial inclusion within a System Unit, it is generally not
reclassified to an OPA.
Proposed Modifications to the CBRS
The Service has prepared draft revised boundaries that propose
modifications to the CBRS in Florida and South Carolina in accordance
with the methodology described above. The proposed revisions would
remove areas that were inappropriately included within the CBRS in the
past and add areas that meet CBRA's criteria for inclusion within the
CBRS (16 U.S.C. 3503(g)(1)). The proposed revisions would also
reclassify certain areas from System Unit to OPA, and vice versa.
A summary of metrics associated with the proposed changes by
county/State is provided below. More detailed information regarding the
specific proposed changes to each unit is available in a set of unit
summaries. See Availability of Proposed Coastal Barrier Resources
System Boundaries and Related Information, below, for information on
where to access the unit summaries.
Okaloosa and Walton Counties, Florida
The Service has prepared comprehensively revised proposed
boundaries for Moreno Point Unit P32/P32P in Okaloosa and Walton
Counties, Florida. The proposed boundaries for the Florida units would
remove 17 acres from the CBRS (14 acres of fastland and 3 acres of
associated aquatic habitat) and add 57 acres to the CBRS (7 acres of
fastland and 50 acres of associated aquatic habitat). The proposed
boundaries would remove 31 structures from the CBRS and add no
structures to the CBRS.
Beaufort County and Charleston Counties, South Carolina
The Service has prepared comprehensively revised proposed
boundaries for Morris Island Complex M06 in Charleston County, South
Carolina, and for Harbor Island Unit M11, St. Phillips Unit M12, and
Hunting Island Unit SC-09P in Beaufort County, South Carolina. The
proposed boundaries include two proposed new OPAs, Morris Island
Complex M06P and St. Phillips Unit M12P, which are within the vicinity
of the existing units in Beaufort and Charleston Counties. These
proposed new units are comprised entirely of areas that are not
currently contained within the CBRS.
The proposed boundaries for the South Carolina units would remove
13 acres from the CBRS (all fastland) and add 9,956 acres to the CBRS
(593 acres of fastland and 9,363 acres of associated aquatic habitat).
The proposed boundaries would remove nine structures from the CBRS and
add one structure to the CBRS.
Proposed Additions to the Coastal Barrier Resources System
The draft revised boundaries for the Florida and South Carolina
units would make additions to the CBRS (including the creation of two
new units) that are consistent with a directive in section 4 of the
2006 CBRRA concerning recommendations for expansion of the CBRS. The
proposed boundaries are based upon the best data available to the
Service at the time the areas were reviewed. Our assessment indicated
that any new areas proposed for addition to the CBRS were relatively
undeveloped at the time the proposed boundaries were created.
CBRA (16 U.S.C. 3503(g)) requires that we consider the following
criteria when assessing the development status of a potential addition
to the CBRS: (1) Whether the density of development is less than one
structure per 5 acres of land above mean high tide (which generally
suggests eligibility for inclusion within the CBRS); and (2) whether
there is existing infrastructure consisting of a road, with a
reinforced road bed, to each lot or building site in the area; a
wastewater disposal system sufficient to serve each lot or building
site in the area; electric service for each lot or building site in the
area; and a fresh water supply for each lot or building site in the
area (which generally suggests ineligibility for inclusion within the
CBRS).
If, upon review of the proposed boundaries, interested parties find
that any areas proposed for addition to the CBRS are currently
developed (according to the criteria codified at 16 U.S.C. 3503(g)),
they may submit supporting documentation of such development to the
Service during this public comment period. For any areas proposed for
addition to the CBRS, we will consider the density of development and
level of infrastructure
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on-the-ground as of the close of the comment period (see DATES, above).
Request for Comments
Section 4 of the 2006 CBRRA requires the Secretary to provide an
opportunity for the submission of public comments. We invite the public
to review and comment on the proposed CBRS boundaries for CBRS Units
P32/P32P, M06/M06P, M11, M12/M12P, and SC-09P. The Service is
specifically notifying the following stakeholders concerning the
availability of the proposed boundaries: The Chair and Ranking Member
of the House of Representatives Committee on Natural Resources; the
Chair and Ranking Member of the Senate Committee on Environment and
Public Works; the members of the Senate and House of Representatives
for the affected areas; the Governors of Florida and South Carolina;
organizations that own (or manage) land held for conservation and/or
recreation within the existing and proposed units (where such ownership
information and mailing addresses were publicly available); other
appropriate Federal, State, and local officials; and appropriate
nongovernmental organizations.
The Service is generally not notifying individual private property
owners concerning the availability of the proposed boundaries (except
for individuals who have specifically contacted us in the past
concerning a technical correction request). However, the Service
encourages local officials to distribute the ``Dear Interested Party''
notification letter included in the stakeholder outreach toolkit,
described below under Availability of Proposed Coastal Barrier
Resources System Boundaries and Related Information, to affected
property owners in their communities.
Interested parties may submit written comments and accompanying
data as described in ADDRESSES, above. Comments regarding specific CBRS
unit(s) should reference the appropriate unit number(s) and unit
name(s). We must receive comments on or before the date listed above in
DATES.
Following the close of the comment period, we will review all
comments we receive on the proposed boundaries and make adjustments to
the boundaries, as appropriate, based on information received through
public comments, updated aerial imagery, CBRA criteria, and objective
mapping protocols. We will then prepare final recommended maps to be
submitted to Congress. The final recommended maps will become effective
only if they are adopted by Congress through legislation.
Availability of Proposed Coastal Barrier Resources System Boundaries
and Related Information
The CBRS Projects Mapper (an online interface for the public to
view the proposed boundaries and obtain information about the proposed
changes) and unit summaries (containing historical changes and proposed
changes to the individual units) can be accessed from the Service's
website at https://www.fws.gov/cbra. A shapefile of the proposed CBRS
boundaries, which can be used with GIS software, is also available for
download. The shapefile is best viewed using the base imagery to which
the boundaries were drawn; the base imagery sources and dates are
included in the metadata for the shapefile. The Service is not
responsible for any misuse or misinterpretation of the shapefile. You
may submit a public comment using one of the methods listed above in
ADDRESSES.
Additionally, a stakeholder outreach toolkit (comprising unit
summaries, a shapefile of the draft revised boundaries, and a ``Dear
Interested Party'' notification letter) will be made available to local
officials upon request. Local officials may use this toolkit to
increase awareness of the project within their communities. Local
officials may contact the individual identified in FOR FURTHER
INFORMATION CONTACT, above, for more information regarding the toolkit.
We recommend that any local community officials who want to use the
outreach toolkit request it as soon as possible to allow outreach
activities to occur in time for the public to submit comments before
the comment period closes (see DATES).
Interested parties who are unable to access the proposed boundaries
or other information online may contact the individual identified in
FOR FURTHER INFORMATION CONTACT, above, and reasonable accommodations
will be made.
Gary Frazer,
Assistant Director for Ecological Services, U.S. Fish and Wildlife
Service.
[FR Doc. 2020-29043 Filed 12-31-20; 8:45 am]
BILLING CODE 4333-15-P