John H. Chafee Coastal Barrier Resources System; Michigan, Minnesota, Mississippi, North Carolina, Ohio, South Carolina, Texas, and Wisconsin; Draft 5-Year Review Boundaries, 71352-71356 [2022-25431]
Download as PDF
<![CDATA[
71352
Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
location of any unit as a result of natural
forces. We, the U.S. Fish and Wildlife
Service, have conducted this review for
CBRS units in Michigan, Minnesota,
Mississippi, North Carolina, Ohio,
South Carolina, Texas, and Wisconsin.
This notice announces the findings of
our review and request for comments on
the draft revised boundaries from
Federal, State, and local officials.
DATES: To ensure consideration, we
must receive your written comments by
December 22, 2022.
ADDRESSES: You may submit written
comments by one of the following
methods:
• Electronically: Go to the: https://
www.regulations.gov. Search for FWS–
HQ–ES–2022–0107, which is the docket
number for this notice.
• By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
C. Authority
Processing, Attn: Docket No. FWS–HQ–
Section 3507 of the Paperwork
ES–2022–0107, U.S. Fish and Wildlife
Reduction Act of 1995, 44 U.S.C.
Service, 5275 Leesburg Pike, MS: PRB/
Chapter 35.
3W, Falls Church, VA 22041–3808.
Principal Deputy Assistant Secretary for
We request that you send comments
Community Planning and Development,
by only one of the methods described
Marion McFadden, having reviewed and
above. We will post all information
approved this document, is delegating the
received on https://
authority to electronically sign this document
www.regulations.gov. If you provide
to submitter, Aaron Santa Anna, who is the
personal identifying information in your
Federal Register Liaison for HUD, for
comment, you may request at the top of
purposes of publication in the Federal
your document that we withhold this
Register.
information from public review.
Aaron Santa Anna,
However, we cannot guarantee that we
Federal Liaison for the Department of Housing will be able to do so.
and Urban Development.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2022–25365 Filed 11–21–22; 8:45 am]
Katie Niemi, Coastal Barriers
BILLING CODE 4210–67–P
Coordinator, via telephone at 703–358–
2071, by email at CBRA@fws.gov.
Individuals in the United States who are
DEPARTMENT OF THE INTERIOR
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
Fish and Wildlife Service
TDD, or TeleBraille) to access
[Docket No. FWS–HQ–ES–2022–0107;
telecommunications relay services.
FF09E42000–FXES111609BFEDR–223]
Individuals outside the United States
should use the relay services offered
John H. Chafee Coastal Barrier
within their country to make
Resources System; Michigan,
international calls to the point-ofMinnesota, Mississippi, North Carolina, contact in the United States.
Ohio, South Carolina, Texas, and
SUPPLEMENTARY INFORMATION: The
Wisconsin; Draft 5-Year Review
Coastal Barrier Resources Act (CBRA; 16
Boundaries
U.S.C. 3501 et seq.) requires the
Secretary of the Interior (Secretary) to
AGENCY: Fish and Wildlife Service,
review the maps of the John H. Chafee
Interior.
Coastal Barrier Resources System
ACTION: Notice of availability; request
(CBRS) at least once every 5 years and
for comments.
make, in consultation with the
SUMMARY: The Coastal Barrier Resources appropriate Federal, State, and local
Act requires the Secretary of the Interior officials, such minor and technical
to review the maps of the John H.
modifications to the boundaries of the
Chafee Coastal Barrier Resources System CBRS as are necessary solely to reflect
(CBRS) at least once every 5 years and
changes that have occurred in the size
make any minor and technical
or location of any unit as a result of
modifications to the boundaries of the
natural forces (16 U.S.C. 3503(c)).
The U.S. Fish and Wildlife Service’s
CBRS as are necessary to reflect changes
(Service) review included:
that have occurred in the size or
khammond on DSKJM1Z7X2PROD with NOTICES
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
VerDate Sep<11>2014
17:48 Nov 21, 2022
Jkt 259001
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
• All 46 units located in Michigan.
• One (the only) unit located in
Minnesota.
• All 7 units located in Mississippi.
• All 17 units located in North Carolina.
• All 10 units located in Ohio.
• Ten of the 23 total units in South
Carolina.
• All 35 units located in Texas.
• All 7 units located in Wisconsin
Of the 133 total units reviewed, the
Service revised 18 units that had
experienced changes in their sizes or
locations as a result of natural forces
since they were last mapped. The North
Carolina units will be reviewed again in
2023 due to ongoing geomorphic change
in certain units and the need for
additional data.
Background on the Coastal Barrier
Resources System
Coastal barrier ecosystems are located
at the interface of land and sea and are
subject to continual geomorphic change
(e.g., erosion and accretion). 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
CBRA in 1982, 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 (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 official
maps. Most new Federal expenditures
and financial assistance are prohibited
within the CBRS. Development can still
occur within the CBRS, provided that it
is not subsidized by the Federal
Government.
The CBRS includes two types of units,
System Units and Otherwise Protected
Areas (OPAs). System Units contain
E:\FR\FM\22NON1.SGM
22NON1
Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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 on flood
insurance.
5-Year Review Authority
The Secretary, through the Service, is
responsible for administering CBRA,
which includes maintaining and
updating the official maps of the CBRS,
consulting with Federal agencies that
propose to spend funds within the
CBRS, and making recommendations to
Congress regarding proposed changes to
the CBRS. With three narrow
exceptions, only Congress—through
new legislation—can modify the maps
of the CBRS to add or remove areas.
The three exceptions authorize the
Secretary to:
1. Review the maps of the CBRS at
least once every 5 years and make any
minor and technical modifications to
the boundaries of the CBRS as are
necessary to reflect changes that have
occurred in the size or location of any
CBRS unit as a result of natural forces
(16 U.S.C. 3503(c); this process is
known as the ‘‘5-year review’’);
2. Add a parcel of real property to the
CBRS if:
a. the owner of the parcel requests, in
writing, that the Secretary add the
parcel to the CBRS; and
b. the parcel is an undeveloped
coastal barrier (16 U.S.C. 3503(d)); and
3. Add excess Federal property to the
CBRS following consultation with the
Administrator of the U.S. General
Services Administration and a
determination that the property (or a
portion of it) constitutes an
undeveloped coastal barrier (16 U.S.C.
3503(e)).
Changes that are outside the scope of
these three authorities cannot be made
by the Service administratively. Rather,
such changes must be made through the
comprehensive map modernization
process, which is more time consuming
and resource-intensive because it entails
significant research, public review, and
congressional enactment of the revised
VerDate Sep<11>2014
17:48 Nov 21, 2022
Jkt 259001
71353
maps. Comprehensive map
modernization not only transfers the
CBRS boundaries to a new base map
and makes any modifications necessary
to account for natural changes, but also
corrects errors that affect property
owners and adds areas appropriate for
inclusion to the CBRS (beyond those
additions authorized under 16 U.S.C.
3503(c)–(e)). Additional information
about this process can be found in a
notice the Service published in the
Federal Register on January 4, 2021 (86
FR 118) and at: https://www.fws.gov/
program/coastal-barrier-resources-act/
what-we-do.
on the Service’s website at: https://
www.fws.gov/project/cbrs-5-year-review.
5-Year Review Schedule
Base Map Selection and Base Fitting
Base map selection and base fitting
are the first steps in the 5-year review
process. A base map is a map depicting
background reference information—
such as landforms, roads, landmarks,
and political boundaries—onto which
other thematic information is overlaid.
The Service selects aerial imagery to
serve as the CBRS base map that is
recent (generally less than 3 years old),
high resolution (1 meter per pixel
resolution or better), orthorectified (i.e.,
adjusted to ensure the proper
perspective of features relative to their
true position on the Earth’s surface), and
available free of charge. The base map
for this 5-year review will primarily be
NAIP imagery.
CBRS boundaries are generally
intended to follow natural and
development features on the ground,
such as shorelines, stream channels,
edges of marshes or wetlands, roads,
structures, and jetties. These features
may appear in slightly different
locations when viewed on different base
maps due to minor differences in their
georeferencing (i.e., alignment to a
known geographic coordinate system)
and/or orthorectification. The CBRS
boundaries must be fit to these same
features on the new base map in cases
where small but significant differences
are noted. If the intent of a particular
boundary segment was clearly to follow
an identifiable natural or development
feature, the digital boundary is adjusted
to the appropriate feature on the new
base map. However, the extent of such
adjustments is limited to the width of
the existing boundary line depicted on
the official map (which translates to
about 20 feet on the Earth’s surface).
These adjustments are also within the
stated horizontal accuracy range of
NAIP imagery, which is also about 20
feet.
Base-fitting adjustments are not made
through the 5-year review if the intent
of a particular boundary segment cannot
be determined; the underlying feature
The Service last completed the 5-year
review for 19 of the 23 States and
territories that currently contain CBRS
units between 2014 and 2016.
Additional information about that 5year review is available at https://
www.fws.gov/project/digital-conversionand-5-year-review. The remainder of the
CBRS units that did not go through that
5-year review process (located in
Connecticut, Massachusetts, Rhode
Island, and the Long Island region of
New York) were comprehensively
revised through the Hurricane Sandy
Remapping Project, which incorporated
changes due to natural forces in
addition to other more significant
changes that have been recommended to
Congress. The maps produced through
the Hurricane Sandy Remapping Project
were transmitted to Congress for
consideration in April 2022 and must be
adopted through legislation to become
effective.
With this notice, the Service initiates
a new 5-year review cycle, which is
planned to include approximately 450
units in three batches between 2022 and
2025. The units included in each batch
are prioritized by considering the
following factors: (1) the age of the
current effective maps, with the oldest
maps generally being revised first; (2)
the availability of recent high-resolution
aerial imagery (based on the anticipated
U.S. Department of Agriculture National
Agriculture Imagery Program [NAIP]
acquisition schedule); and (3) avoiding
overlaps between 5-year review and
comprehensive map modernization
projects, which can cause confusion and
result in duplicated effort. The schedule
and batching for the 5-year review are
subject to change, based upon the
availability of aerial imagery that meets
the standards described in the 5-Year
Review Methodology section below and
changes to our comprehensive
remapping schedule. Information
regarding the 5-year review is available
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
5-Year Review Methodology
The methodology described below is
the general process through which the
Service conducts a review of the CBRS
units to identify areas where natural
change has occurred and to produce
revised maps through the 5-year review.
Through the 5-year review effort, the
existing CBRS boundaries are reviewed
against updated base maps (i.e., a recent
aerial image) to identify any natural
changes that have occurred since the
maps were last updated.
E:\FR\FM\22NON1.SGM
22NON1
71354
Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
has clearly undergone human-generated
change; or the boundary line on the
official map is more than 20 feet from
the actual feature it was intended to
follow on the ground (unless
geomorphic change has occurred, as
described in the section below). Some
changes are beyond the scope of the 5year review and may require further
review through the comprehensive map
modernization effort that is described
earlier in this notice.
Boundary Modifications To Account for
Natural Changes
The Service assesses the current
official CBRS maps, as well as historical
and current aerial imagery, to determine
where natural changes (e.g., eroded
shorelines, accreted sand spits) have
occurred since the maps were last
updated. Where the intent of a boundary
segment was clearly to follow a
geomorphic feature on the ground, and
that feature had undergone natural
change, the boundary on the map is
modified to follow the present location
of the geomorphic feature and/or the
aquatic habitat associated with the
feature. Associated aquatic habitat may
include the adjacent wetlands, marshes,
estuaries, inlets, and nearshore waters
associated with the fastland component
of the coastal barrier. The term
‘‘fastland’’ refers to the portion of a
coastal barrier between the mean high
tide line on the ocean side, and the
upper limit of tidal vegetation (or, if
such vegetation is not present, the mean
high tide line) on the landward side of
the coastal barrier.
In some cases, portions of the
landward boundary are modified to
reflect natural changes to the wetland/
fastland interface. The ‘‘wetland/
fastland interface’’ is a transitional area
between wetlands and fastland, or land
that is predominantly wet and land that
is predominantly dry. This interface is
identified for CBRS mapping purposes
through aerial photo interpretation,
supported in some cases by National
Wetlands Inventory data (https://
www.fws.gov/program/nationalwetlands-inventory).
In cases where no such boundary
changes are necessary, the Service will
generally reissue the maps with updated
base map imagery. Updating the
imagery (even when there are no
boundary changes) is useful because
geomorphic changes are likely to have
occurred within the interior of many
units, even if they do not affect the outer
boundaries of the units. Updated
imagery also improves the usability of
the maps to reflect changes in road
networks and other features that serve
as reference points to map users. In
VerDate Sep<11>2014
17:48 Nov 21, 2022
Jkt 259001
limited cases, to avoid confusion, the
Service may choose not to reissue a map
if there are no geomorphic changes and
there is another draft revised map for
the area undergoing review by Congress.
Map Paneling
Each official CBRS map covers a
spatial extent roughly equivalent to one
U.S. Geological Survey 7.5-minute
topographic quadrangle; this spatial
extent is referred to as a ‘‘map panel.’’
There are some places where the
existing CBRS map panels overlap each
other, and yet provide no indication that
there is another CBRS unit in the same
area that is shown on a different map
panel. This omission is a source of
confusion for users who assume that, if
no CBRS unit is depicted on a specific
CBRS map, then there is no CBRS unit
in that area.
Rather than making static draft maps
for stakeholder review, the Service will
use a web mapping application to
display proposed 5-year review changes
to the CBRS boundaries. Following the
close of the stakeholder review period,
the Service will address the issue of
map panel overlaps where possible by
repaneling the affected areas. The
existing map panels will be shifted and/
or combined to eliminate overlaps, and
all CBRS units on a given map panel
will be depicted. Changes to the
configuration of the CBRS map panels
do not affect the placement of the CBRS
boundaries but will help reduce
confusion and improve the usability of
the official CBRS maps.
Proposed Modifications to the CBRS
In accordance with CBRA’s
requirement to update the CBRS maps at
least once every 5 years to account for
natural changes, the Service has
conducted a review of certain unit
boundaries in Michigan, Minnesota,
Mississippi, Ohio, North Carolina,
South Carolina, Texas, and Wisconsin.
(See the list at the beginning of this
section.) The remaining 13 South
Carolina units are not included in this
review either because they were either
comprehensively reviewed recently or
they will be included in a more
comprehensive review (beyond the
scope of the 5-year review) at a later
date, at which time the Service will also
complete an assessment of changes
necessary due to natural forces.
The Service made modifications due
to natural changes in the size or location
of a total of 18 CBRS units (of the 133
units reviewed). Below is a summary of
those changes and the results of our
review.
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
Michigan
The Service’s review found that 3 of
the 46 CBRS units in Michigan require
changes due to natural forces. The
imagery that was used on the current
effective maps is dated 2012. The
imagery that was used for this review,
and will be used for the revised maps,
is dated 2020. Additionally, one
adjustment was needed to the northern
lateral boundary of Sadony Bayou Unit
MI–22 to maintain the relationship
between the boundary and a structure
that was on the ground prior to the
designation of the CBRS unit in 1990.
This structure appeared to be outside of
the unit on the 2012 NAIP imagery used
for the currently effective map but
appears to be within the unit on the
2020 imagery due to an approximately
10-foot difference in location between
the two images. The boundary has been
adjusted to the south by about 10 feet
to maintain the relationship between the
boundary and the structure that is
depicted on the currently effective
CBRS map.
In September 2022, the Board on
Geographic Names voted to replace the
names of nearly 650 geographic features
that had previously featured a
derogatory word for indigenous women.
These name changes affect three
Michigan units, which have been
updated accordingly.
MI–05: HURON CITY. The boundary
of the unit has been modified to account
for shoreline erosion along Lake Huron
to the east of Willow Creek.
MI–13: BIRDSONG BAY. The name of
this unit has been changed from ‘‘Squaw
Bay’’ to ‘‘Birdsong Bay’’ to reflect the
new name of the underlying feature.
MI–21: ARCADIA LAKE. The
boundary of the unit has been modified
to account for natural changes along the
shoreline of the peninsula located
between Arcadia Lake and Lake
Michigan.
MI–25: MINO-KWE POINT. The name
of this unit has been changed from
‘‘Squaw Point’’ to ‘‘Mino-kwe Point’’ to
reflect the new name of the underlying
feature.
MI–40: GREEN ISLAND. The
boundary of the unit has been modified
to account for shoreline erosion along
Lake Michigan at Point la Barbe.
MI–64: MINO-KWE JIIGIBIIK. The
name of this unit has been changed from
‘‘Squaw Beach’’ to ‘‘Mino-kwe jiigibiik’’
to reflect the new name of the
underlying feature.
Minnesota
The Service’s review found that the
boundaries of Unit MN–01 (the only
CBRS unit in Minnesota) do not need to
E:\FR\FM\22NON1.SGM
22NON1
Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
be modified due to changes from natural
forces. The imagery that was used on
the currently effective map is dated
2012. The imagery that was used for this
review, and will be used for the revised
map, is dated 2021.
khammond on DSKJM1Z7X2PROD with NOTICES
Mississippi
The Service’s review found that two
of the seven CBRS units in Mississippi
require changes due to natural forces.
The imagery that was used on the
currently effective maps is dated 2012.
The imagery that was used for this
review, and will be used for the revised
maps, is dated 2021.
R02: DEER ISLAND. The western
boundary of the unit has been modified
to account for accretion at the western
end of Deer Island.
R03: CAT ISLAND. The southern
boundary of the eastern segment of the
unit has been modified to account for
accretion of the spit at the south end of
Cat Island.
North Carolina
The Service made no changes to the
17 CBRS units in North Carolina, and
revised maps have not been produced
for this State. The imagery that was used
on the currently effective maps is dated
2010, 2012, or 2014, depending on the
unit. The imagery that was used for this
review is dated 2020.
While no changes have been made to
the CBRS boundaries in North Carolina
at this time, future changes are
warranted for the boundaries of Unit
NC–03P, which were updated by
Congress in 1999 through Public Law
106–116 to align with the boundaries of
Cape Hatteras National Seashore at that
time. However, there has been
significant shoreline erosion along the
Atlantic coast of Hatteras Island,
particularly in the villages of Rodanthe,
Waves, Avon, and Buxton, and the
CBRS boundary is now hundreds of feet
offshore in some places. Erosion is
occurring at a rate of 2–4 meters per
year in some areas.
In those places where the shoreline
has eroded significantly, the boundary
of Cape Hatteras National Seashore is
the mean high-water line. Numerous
structures may be located seaward of the
mean high-water line due to erosion and
may be on National Park Service owned
property. Some of these structures have
been deemed uninhabitable due to
compromised septic systems and/or
other issues. At the time of our review,
the National Park Service was planning
to conduct a boundary survey. As the
survey was not completed before our 5year review effort was completed, we
have not made any boundary
modifications at this time.
VerDate Sep<11>2014
17:48 Nov 21, 2022
Jkt 259001
We plan to revisit the North Carolina
CBRS units again with the next batch of
5-year review maps anticipated in 2023,
and we invite Federal, State, and local
officials to submit any pertinent data
regarding shoreline erosion along
Hatteras Island at this time. We will
reassess the boundary of Unit NC–03P
against the survey of the national
seashore, more recent aerial and satellite
imagery that we expect to be available
in 2023, and any additional data that we
receive from Federal, State, and local
officials. We will also continue to
monitor geomorphic change occurring
in other areas in North Carolina,
including the northwestern boundary of
Unit L03AP (where geomorphic change
is occurring very near to the CBRS
boundary along Shackleford Banks).
Ohio
The Service’s review found that 1 of
the 10 CBRS units in Ohio requires
changes due to natural forces. The
imagery that was used on the currently
effective maps is dated 2013 and 2014.
The imagery that was used for this
review, and will be used for the revised
maps, is dated 2021.
OH–06: BAY POINT. The southern
boundary of the unit has been modified
to account for the southward accretion
of Bay Point.
South Carolina
The Service’s review found that 3 of
the 10 CBRS units in South Carolina
that are included in this review (Units
M02, M03, M08, M09/M09P, M10, M13,
SC–01, SC–03, and SC–10P) require
changes due to natural forces. The
imagery that was used on the currently
effective maps is dated 2011, 2013, or
2015, depending on the unit. The
imagery that was used for this review,
and will be used for the revised maps,
is dated 2021.
The remaining 13 South Carolina
units are not included in this review,
either because they were either
comprehensively reviewed recently or
they will be included in a more
comprehensive review (beyond the
scope of the 5-year review) at a later
date, at which time the Service will also
complete an assessment of changes
necessary due to natural forces.
M03: PAWLEYS INLET. The
southwestern boundary of the unit has
been modified to account for natural
changes in the wetlands.
M09: EDISTO COMPLEX. The
coincident boundary between Units
M09 and M09P has been modified to
follow the current location of Jeremy
Inlet. The landward boundary of the
unit has been modified to reflect natural
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
71355
changes in the configuration of the
wetlands along the Townsend River.
M09P: EDISTO COMPLEX. The
coincident boundary between Units
M09 and M09P has been modified to
follow the current location of Jeremy
Inlet.
Texas
The Service’s review found that 6 of
the 35 CBRS units in Texas require
changes due to natural forces. The
imagery that was used on the currently
effective maps is dated 2010. The
imagery that was used for this review,
and will be used for the revised maps,
is dated 2020.
T03A: BOLIVAR PENINSULA. The
boundary of the unit has been modified
to reflect natural changes in the
configuration of the wetlands on and
around the Bolivar Peninsula.
T04: FOLLETS ISLAND. The
boundary of the unit (a portion of which
is coincident with Unit T04P) has been
modified to reflect erosion along the
shorelines of Mud Island and Moody
Island.
T04P: FOLLETS ISLAND. The
boundary of the unit (a portion of which
is coincident with Unit T04) has been
modified to reflect erosion along the
shoreline of Moody Island.
T07: MATAGORDA PENINSULA. The
coincident boundary between Unit T07
and T07P has been modified to account
for natural changes at the mouth of
Caney Creek.
T07P: MATAGORDA PENINSULA.
The coincident boundary between Unit
T07 and T07P has been modified to
account for natural changes at the
mouth of Caney Creek.
T12: BOCA CHICA. The boundary of
the unit has been modified to account
for natural changes along the shoreline
of the Rio Grande.
Wisconsin
The Service’s review found that three
of the seven CBRS units in Wisconsin
require changes due to natural forces.
The imagery that was used on the
currently effective maps is dated 2013.
The imagery that was used for this
review, and will be used for the revised
maps, is dated 2020.
WI–03: PESHTIGO POINT. The
southern boundary of the western
segment of the unit has been modified
to account for erosion and an increased
lake level in Green Bay.
WI–04: DYERS SLOUGH. The eastern
boundary of the unit has been modified
to account for erosion and an increased
lake level in Green Bay.
WI–07: FLAG RIVER. The western
boundary of the unit has been modified
to reflect natural changes in the
E:\FR\FM\22NON1.SGM
22NON1
71356
Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
configuration of the wetlands at the
mouth of the Flag River.
Availability of Draft Revised Coastal
Barrier Resources System Boundaries
and Related Information
Request for Comments
CBRA requires consultation with the
appropriate Federal, State, and local
officials on the proposed CBRS
boundary modifications to reflect
changes that have occurred in the size
or location of any unit as a result of
natural forces (16 U.S.C. 3503(c)). We
therefore invite interested Federal,
State, and local officials to review and
comment on the draft revised
boundaries for Michigan, Minnesota,
Mississippi, North Carolina, Ohio,
South Carolina, Texas, and Wisconsin.
The Service is specifically notifying the
following stakeholders concerning the
availability of the draft revised
boundaries: (1) 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; and the members of the
Senate and House of Representatives for
the affected areas; (2) the governors of
the affected areas; (3) State and local
officials with floodplain management
and/or land use responsibilities; and (4)
Federal officials with knowledge of the
coastal geomorphology within the
project area.
khammond on DSKJM1Z7X2PROD with NOTICES
Federal, State, and local officials 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). Please note that boundary
modifications through the 5-year review
process can only be made to reflect
changes that have occurred in the size
or location of any CBRS unit as a result
of natural forces. Other requests for
changes to the CBRS outside of the
Service’s administrative authorities
(e.g., the removal of structures from a
unit) will not be considered at this time.
We must receive comments on or before
the date listed above in DATES.
Following the close of the comment
period, the Service will review all
comments received on the draft revised
boundaries; adjust the boundaries, as
appropriate; prepare final revised maps;
and publish a notice in the Federal
Register to announce the availability of
the final revised maps. The revised
maps will take effect upon the date of
publication of that notice in the Federal
Register.
VerDate Sep<11>2014
17:48 Nov 21, 2022
Jkt 259001
The draft revised boundaries may be
viewed in a web mapping application
accessed from the Service’s website at
https://www.fws.gov/project/cbrs-5year-review. A shapefile of the draft
revised 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.
Interested parties who are unable to
access the draft revised 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.
[FR Doc. 2022–25431 Filed 11–21–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCO956000 L14400000.BJ0000 223]
Notice of Filing of Plats of Survey,
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice of official filing.
AGENCY:
The plats of survey of the
following described lands are scheduled
to be officially filed in the Bureau of
Land Management (BLM), Colorado
State Office, Lakewood, Colorado, 30
calendar days from the date of this
publication. The surveys, which were
executed at the request of the U.S.
Forest Service and the BLM, are
necessary for the management of these
lands.
DATES: Unless there are protests of this
action, the plats described in this notice
will be filed on December 22, 2022.
ADDRESSES: You may submit written
protests to the BLM Colorado State
Office, Cadastral Survey, 2850
Youngfield Street, Lakewood, CO
80215–7210.
FOR FURTHER INFORMATION CONTACT:
David W. Ginther, Acting Chief
Cadastral Surveyor for Colorado,
telephone: (970) 826–5064; email:
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
dginther@blm.gov. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
The plat
and field notes of the dependent
resurvey and subdivision of sections in
Township 27 South, Range 70 West,
Sixth Principal Meridian, Colorado,
were accepted on September 27, 2022.
SUPPLEMENTARY INFORMATION:
The plat and field notes of the
dependent resurvey and survey in
Township 10 South, Range 103 West,
Sixth Principal Meridian, Colorado,
were accepted on October 14, 2022.
The supplemental plat of section 31
in Township 13 South, Range 86 West,
Sixth Principal Meridian, Colorado, was
accepted on November 4, 2022.
The supplemental plat of section 6 in
Township 14 South, Range 86 West,
Sixth Principal Meridian, Colorado, was
accepted on November 4, 2022.
A person or party who wishes to
protest any of the above surveys must
file a written notice of protest within 30
calendar days from the date of this
publication at the address listed in the
ADDRESSES section of this notice. A
statement of reasons for the protest may
be filed with the notice of protest and
must be filed within 30 calendar days
after the protest is filed. If a protest
against the survey is received prior to
the date of official filing, the filing will
be stayed pending consideration of the
protest. A plat will not be officially filed
until the day after all protests have been
dismissed or otherwise resolved. Before
including your address, phone number,
email address, or other personal
identifying information in your protest,
please be aware that your entire protest,
including your personal identifying
information, may be made publicly
available at any time. While you can ask
us in your comment to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.
(Authority: 43 U.S.C. chapter 3)
David W. Ginther,
Acting Chief Cadastral Surveyor.
[FR Doc. 2022–25412 Filed 11–21–22; 8:45 am]
BILLING CODE 4310–JB–P
E:\FR\FM\22NON1.SGM
22NON1
]]>Agencies
[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71352-71356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25431]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-ES-2022-0107; FF09E42000-FXES111609BFEDR-223]
John H. Chafee Coastal Barrier Resources System; Michigan,
Minnesota, Mississippi, North Carolina, Ohio, South Carolina, Texas,
and Wisconsin; Draft 5-Year Review Boundaries
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coastal Barrier Resources Act requires the Secretary of
the Interior to review the maps of the John H. Chafee Coastal Barrier
Resources System (CBRS) at least once every 5 years and make any minor
and technical modifications to the boundaries of the CBRS as are
necessary to reflect changes that have occurred in the size or location
of any unit as a result of natural forces. We, the U.S. Fish and
Wildlife Service, have conducted this review for CBRS units in
Michigan, Minnesota, Mississippi, North Carolina, Ohio, South Carolina,
Texas, and Wisconsin. This notice announces the findings of our review
and request for comments on the draft revised boundaries from Federal,
State, and local officials.
DATES: To ensure consideration, we must receive your written comments
by December 22, 2022.
ADDRESSES: You may submit written comments by one of the following
methods:
Electronically: Go to the: https://www.regulations.gov.
Search for FWS-HQ-ES-2022-0107, 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-2022-0107, 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].
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: The Coastal Barrier Resources Act (CBRA; 16
U.S.C. 3501 et seq.) requires the Secretary of the Interior (Secretary)
to review the maps of the John H. Chafee Coastal Barrier Resources
System (CBRS) at least once every 5 years and make, in consultation
with the appropriate Federal, State, and local officials, such minor
and technical modifications to the boundaries of the CBRS as are
necessary solely to reflect changes that have occurred in the size or
location of any unit as a result of natural forces (16 U.S.C. 3503(c)).
The U.S. Fish and Wildlife Service's (Service) review included:
All 46 units located in Michigan.
One (the only) unit located in Minnesota.
All 7 units located in Mississippi.
All 17 units located in North Carolina.
All 10 units located in Ohio.
Ten of the 23 total units in South Carolina.
All 35 units located in Texas.
All 7 units located in Wisconsin
Of the 133 total units reviewed, the Service revised 18 units that
had experienced changes in their sizes or locations as a result of
natural forces since they were last mapped. The North Carolina units
will be reviewed again in 2023 due to ongoing geomorphic change in
certain units and the need for additional data.
Background on the Coastal Barrier Resources System
Coastal barrier ecosystems are located at the interface of land and
sea and are subject to continual geomorphic change (e.g., erosion and
accretion). 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 CBRA in 1982, 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 (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 official maps.
Most new Federal expenditures and financial assistance are prohibited
within the CBRS. Development can still occur within the CBRS, provided
that it is not subsidized by the Federal Government.
The CBRS includes two types of units, System Units and Otherwise
Protected Areas (OPAs). System Units contain
[[Page 71353]]
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 on flood
insurance.
5-Year Review Authority
The Secretary, through the Service, is responsible for
administering CBRA, which includes maintaining and updating the
official maps of the CBRS, consulting with Federal agencies that
propose to spend funds within the CBRS, and making recommendations to
Congress regarding proposed changes to the CBRS. With three narrow
exceptions, only Congress--through new legislation--can modify the maps
of the CBRS to add or remove areas.
The three exceptions authorize the Secretary to:
1. Review the maps of the CBRS at least once every 5 years and make
any minor and technical modifications to the boundaries of the CBRS as
are necessary to reflect changes that have occurred in the size or
location of any CBRS unit as a result of natural forces (16 U.S.C.
3503(c); this process is known as the ``5-year review'');
2. Add a parcel of real property to the CBRS if:
a. the owner of the parcel requests, in writing, that the Secretary
add the parcel to the CBRS; and
b. the parcel is an undeveloped coastal barrier (16 U.S.C.
3503(d)); and
3. Add excess Federal property to the CBRS following consultation
with the Administrator of the U.S. General Services Administration and
a determination that the property (or a portion of it) constitutes an
undeveloped coastal barrier (16 U.S.C. 3503(e)).
Changes that are outside the scope of these three authorities
cannot be made by the Service administratively. Rather, such changes
must be made through the comprehensive map modernization process, which
is more time consuming and resource-intensive because it entails
significant research, public review, and congressional enactment of the
revised maps. Comprehensive map modernization not only transfers the
CBRS boundaries to a new base map and makes any modifications necessary
to account for natural changes, but also corrects errors that affect
property owners and adds areas appropriate for inclusion to the CBRS
(beyond those additions authorized under 16 U.S.C. 3503(c)-(e)).
Additional information about this process can be found in a notice the
Service published in the Federal Register on January 4, 2021 (86 FR
118) and at: https://www.fws.gov/program/coastal-barrier-resources-act/what-we-do.
5-Year Review Schedule
The Service last completed the 5-year review for 19 of the 23
States and territories that currently contain CBRS units between 2014
and 2016. Additional information about that 5-year review is available
at https://www.fws.gov/project/digital-conversion-and-5-year-review.
The remainder of the CBRS units that did not go through that 5-year
review process (located in Connecticut, Massachusetts, Rhode Island,
and the Long Island region of New York) were comprehensively revised
through the Hurricane Sandy Remapping Project, which incorporated
changes due to natural forces in addition to other more significant
changes that have been recommended to Congress. The maps produced
through the Hurricane Sandy Remapping Project were transmitted to
Congress for consideration in April 2022 and must be adopted through
legislation to become effective.
With this notice, the Service initiates a new 5-year review cycle,
which is planned to include approximately 450 units in three batches
between 2022 and 2025. The units included in each batch are prioritized
by considering the following factors: (1) the age of the current
effective maps, with the oldest maps generally being revised first; (2)
the availability of recent high-resolution aerial imagery (based on the
anticipated U.S. Department of Agriculture National Agriculture Imagery
Program [NAIP] acquisition schedule); and (3) avoiding overlaps between
5-year review and comprehensive map modernization projects, which can
cause confusion and result in duplicated effort. The schedule and
batching for the 5-year review are subject to change, based upon the
availability of aerial imagery that meets the standards described in
the 5-Year Review Methodology section below and changes to our
comprehensive remapping schedule. Information regarding the 5-year
review is available on the Service's website at: https://www.fws.gov/project/cbrs-5-year-review.
5-Year Review Methodology
The methodology described below is the general process through
which the Service conducts a review of the CBRS units to identify areas
where natural change has occurred and to produce revised maps through
the 5-year review. Through the 5-year review effort, the existing CBRS
boundaries are reviewed against updated base maps (i.e., a recent
aerial image) to identify any natural changes that have occurred since
the maps were last updated.
Base Map Selection and Base Fitting
Base map selection and base fitting are the first steps in the 5-
year review process. A base map is a map depicting background reference
information--such as landforms, roads, landmarks, and political
boundaries--onto which other thematic information is overlaid. The
Service selects aerial imagery to serve as the CBRS base map that is
recent (generally less than 3 years old), high resolution (1 meter per
pixel resolution or better), orthorectified (i.e., adjusted to ensure
the proper perspective of features relative to their true position on
the Earth's surface), and available free of charge. The base map for
this 5-year review will primarily be NAIP imagery.
CBRS boundaries are generally intended to follow natural and
development features on the ground, such as shorelines, stream
channels, edges of marshes or wetlands, roads, structures, and jetties.
These features may appear in slightly different locations when viewed
on different base maps due to minor differences in their georeferencing
(i.e., alignment to a known geographic coordinate system) and/or
orthorectification. The CBRS boundaries must be fit to these same
features on the new base map in cases where small but significant
differences are noted. If the intent of a particular boundary segment
was clearly to follow an identifiable natural or development feature,
the digital boundary is adjusted to the appropriate feature on the new
base map. However, the extent of such adjustments is limited to the
width of the existing boundary line depicted on the official map (which
translates to about 20 feet on the Earth's surface). These adjustments
are also within the stated horizontal accuracy range of NAIP imagery,
which is also about 20 feet.
Base-fitting adjustments are not made through the 5-year review if
the intent of a particular boundary segment cannot be determined; the
underlying feature
[[Page 71354]]
has clearly undergone human-generated change; or the boundary line on
the official map is more than 20 feet from the actual feature it was
intended to follow on the ground (unless geomorphic change has
occurred, as described in the section below). Some changes are beyond
the scope of the 5-year review and may require further review through
the comprehensive map modernization effort that is described earlier in
this notice.
Boundary Modifications To Account for Natural Changes
The Service assesses the current official CBRS maps, as well as
historical and current aerial imagery, to determine where natural
changes (e.g., eroded shorelines, accreted sand spits) have occurred
since the maps were last updated. Where the intent of a boundary
segment was clearly to follow a geomorphic feature on the ground, and
that feature had undergone natural change, the boundary on the map is
modified to follow the present location of the geomorphic feature and/
or the aquatic habitat associated with the feature. Associated aquatic
habitat may include the adjacent wetlands, marshes, estuaries, inlets,
and nearshore waters associated with the fastland component of the
coastal barrier. The term ``fastland'' refers to the portion of a
coastal barrier between the mean high tide line on the ocean side, and
the upper limit of tidal vegetation (or, if such vegetation is not
present, the mean high tide line) on the landward side of the coastal
barrier.
In some cases, portions of the landward boundary are modified to
reflect natural changes to the wetland/fastland interface. The
``wetland/fastland interface'' is a transitional area between wetlands
and fastland, or land that is predominantly wet and land that is
predominantly dry. This interface is identified for CBRS mapping
purposes through aerial photo interpretation, supported in some cases
by National Wetlands Inventory data (https://www.fws.gov/program/national-wetlands-inventory).
In cases where no such boundary changes are necessary, the Service
will generally reissue the maps with updated base map imagery. Updating
the imagery (even when there are no boundary changes) is useful because
geomorphic changes are likely to have occurred within the interior of
many units, even if they do not affect the outer boundaries of the
units. Updated imagery also improves the usability of the maps to
reflect changes in road networks and other features that serve as
reference points to map users. In limited cases, to avoid confusion,
the Service may choose not to reissue a map if there are no geomorphic
changes and there is another draft revised map for the area undergoing
review by Congress.
Map Paneling
Each official CBRS map covers a spatial extent roughly equivalent
to one U.S. Geological Survey 7.5-minute topographic quadrangle; this
spatial extent is referred to as a ``map panel.'' There are some places
where the existing CBRS map panels overlap each other, and yet provide
no indication that there is another CBRS unit in the same area that is
shown on a different map panel. This omission is a source of confusion
for users who assume that, if no CBRS unit is depicted on a specific
CBRS map, then there is no CBRS unit in that area.
Rather than making static draft maps for stakeholder review, the
Service will use a web mapping application to display proposed 5-year
review changes to the CBRS boundaries. Following the close of the
stakeholder review period, the Service will address the issue of map
panel overlaps where possible by repaneling the affected areas. The
existing map panels will be shifted and/or combined to eliminate
overlaps, and all CBRS units on a given map panel will be depicted.
Changes to the configuration of the CBRS map panels do not affect the
placement of the CBRS boundaries but will help reduce confusion and
improve the usability of the official CBRS maps.
Proposed Modifications to the CBRS
In accordance with CBRA's requirement to update the CBRS maps at
least once every 5 years to account for natural changes, the Service
has conducted a review of certain unit boundaries in Michigan,
Minnesota, Mississippi, Ohio, North Carolina, South Carolina, Texas,
and Wisconsin. (See the list at the beginning of this section.) The
remaining 13 South Carolina units are not included in this review
either because they were either comprehensively reviewed recently or
they will be included in a more comprehensive review (beyond the scope
of the 5-year review) at a later date, at which time the Service will
also complete an assessment of changes necessary due to natural forces.
The Service made modifications due to natural changes in the size
or location of a total of 18 CBRS units (of the 133 units reviewed).
Below is a summary of those changes and the results of our review.
Michigan
The Service's review found that 3 of the 46 CBRS units in Michigan
require changes due to natural forces. The imagery that was used on the
current effective maps is dated 2012. The imagery that was used for
this review, and will be used for the revised maps, is dated 2020.
Additionally, one adjustment was needed to the northern lateral
boundary of Sadony Bayou Unit MI-22 to maintain the relationship
between the boundary and a structure that was on the ground prior to
the designation of the CBRS unit in 1990. This structure appeared to be
outside of the unit on the 2012 NAIP imagery used for the currently
effective map but appears to be within the unit on the 2020 imagery due
to an approximately 10-foot difference in location between the two
images. The boundary has been adjusted to the south by about 10 feet to
maintain the relationship between the boundary and the structure that
is depicted on the currently effective CBRS map.
In September 2022, the Board on Geographic Names voted to replace
the names of nearly 650 geographic features that had previously
featured a derogatory word for indigenous women. These name changes
affect three Michigan units, which have been updated accordingly.
MI-05: HURON CITY. The boundary of the unit has been modified to
account for shoreline erosion along Lake Huron to the east of Willow
Creek.
MI-13: BIRDSONG BAY. The name of this unit has been changed from
``Squaw Bay'' to ``Birdsong Bay'' to reflect the new name of the
underlying feature.
MI-21: ARCADIA LAKE. The boundary of the unit has been modified to
account for natural changes along the shoreline of the peninsula
located between Arcadia Lake and Lake Michigan.
MI-25: MINO-KWE POINT. The name of this unit has been changed from
``Squaw Point'' to ``Mino-kwe Point'' to reflect the new name of the
underlying feature.
MI-40: GREEN ISLAND. The boundary of the unit has been modified to
account for shoreline erosion along Lake Michigan at Point la Barbe.
MI-64: MINO-KWE JIIGIBIIK. The name of this unit has been changed
from ``Squaw Beach'' to ``Mino-kwe jiigibiik'' to reflect the new name
of the underlying feature.
Minnesota
The Service's review found that the boundaries of Unit MN-01 (the
only CBRS unit in Minnesota) do not need to
[[Page 71355]]
be modified due to changes from natural forces. The imagery that was
used on the currently effective map is dated 2012. The imagery that was
used for this review, and will be used for the revised map, is dated
2021.
Mississippi
The Service's review found that two of the seven CBRS units in
Mississippi require changes due to natural forces. The imagery that was
used on the currently effective maps is dated 2012. The imagery that
was used for this review, and will be used for the revised maps, is
dated 2021.
R02: DEER ISLAND. The western boundary of the unit has been
modified to account for accretion at the western end of Deer Island.
R03: CAT ISLAND. The southern boundary of the eastern segment of
the unit has been modified to account for accretion of the spit at the
south end of Cat Island.
North Carolina
The Service made no changes to the 17 CBRS units in North Carolina,
and revised maps have not been produced for this State. The imagery
that was used on the currently effective maps is dated 2010, 2012, or
2014, depending on the unit. The imagery that was used for this review
is dated 2020.
While no changes have been made to the CBRS boundaries in North
Carolina at this time, future changes are warranted for the boundaries
of Unit NC-03P, which were updated by Congress in 1999 through Public
Law 106-116 to align with the boundaries of Cape Hatteras National
Seashore at that time. However, there has been significant shoreline
erosion along the Atlantic coast of Hatteras Island, particularly in
the villages of Rodanthe, Waves, Avon, and Buxton, and the CBRS
boundary is now hundreds of feet offshore in some places. Erosion is
occurring at a rate of 2-4 meters per year in some areas.
In those places where the shoreline has eroded significantly, the
boundary of Cape Hatteras National Seashore is the mean high-water
line. Numerous structures may be located seaward of the mean high-water
line due to erosion and may be on National Park Service owned property.
Some of these structures have been deemed uninhabitable due to
compromised septic systems and/or other issues. At the time of our
review, the National Park Service was planning to conduct a boundary
survey. As the survey was not completed before our 5-year review effort
was completed, we have not made any boundary modifications at this
time.
We plan to revisit the North Carolina CBRS units again with the
next batch of 5-year review maps anticipated in 2023, and we invite
Federal, State, and local officials to submit any pertinent data
regarding shoreline erosion along Hatteras Island at this time. We will
reassess the boundary of Unit NC-03P against the survey of the national
seashore, more recent aerial and satellite imagery that we expect to be
available in 2023, and any additional data that we receive from
Federal, State, and local officials. We will also continue to monitor
geomorphic change occurring in other areas in North Carolina, including
the northwestern boundary of Unit L03AP (where geomorphic change is
occurring very near to the CBRS boundary along Shackleford Banks).
Ohio
The Service's review found that 1 of the 10 CBRS units in Ohio
requires changes due to natural forces. The imagery that was used on
the currently effective maps is dated 2013 and 2014. The imagery that
was used for this review, and will be used for the revised maps, is
dated 2021.
OH-06: BAY POINT. The southern boundary of the unit has been
modified to account for the southward accretion of Bay Point.
South Carolina
The Service's review found that 3 of the 10 CBRS units in South
Carolina that are included in this review (Units M02, M03, M08, M09/
M09P, M10, M13, SC-01, SC-03, and SC-10P) require changes due to
natural forces. The imagery that was used on the currently effective
maps is dated 2011, 2013, or 2015, depending on the unit. The imagery
that was used for this review, and will be used for the revised maps,
is dated 2021.
The remaining 13 South Carolina units are not included in this
review, either because they were either comprehensively reviewed
recently or they will be included in a more comprehensive review
(beyond the scope of the 5-year review) at a later date, at which time
the Service will also complete an assessment of changes necessary due
to natural forces.
M03: PAWLEYS INLET. The southwestern boundary of the unit has been
modified to account for natural changes in the wetlands.
M09: EDISTO COMPLEX. The coincident boundary between Units M09 and
M09P has been modified to follow the current location of Jeremy Inlet.
The landward boundary of the unit has been modified to reflect natural
changes in the configuration of the wetlands along the Townsend River.
M09P: EDISTO COMPLEX. The coincident boundary between Units M09 and
M09P has been modified to follow the current location of Jeremy Inlet.
Texas
The Service's review found that 6 of the 35 CBRS units in Texas
require changes due to natural forces. The imagery that was used on the
currently effective maps is dated 2010. The imagery that was used for
this review, and will be used for the revised maps, is dated 2020.
T03A: BOLIVAR PENINSULA. The boundary of the unit has been modified
to reflect natural changes in the configuration of the wetlands on and
around the Bolivar Peninsula.
T04: FOLLETS ISLAND. The boundary of the unit (a portion of which
is coincident with Unit T04P) has been modified to reflect erosion
along the shorelines of Mud Island and Moody Island.
T04P: FOLLETS ISLAND. The boundary of the unit (a portion of which
is coincident with Unit T04) has been modified to reflect erosion along
the shoreline of Moody Island.
T07: MATAGORDA PENINSULA. The coincident boundary between Unit T07
and T07P has been modified to account for natural changes at the mouth
of Caney Creek.
T07P: MATAGORDA PENINSULA. The coincident boundary between Unit T07
and T07P has been modified to account for natural changes at the mouth
of Caney Creek.
T12: BOCA CHICA. The boundary of the unit has been modified to
account for natural changes along the shoreline of the Rio Grande.
Wisconsin
The Service's review found that three of the seven CBRS units in
Wisconsin require changes due to natural forces. The imagery that was
used on the currently effective maps is dated 2013. The imagery that
was used for this review, and will be used for the revised maps, is
dated 2020.
WI-03: PESHTIGO POINT. The southern boundary of the western segment
of the unit has been modified to account for erosion and an increased
lake level in Green Bay.
WI-04: DYERS SLOUGH. The eastern boundary of the unit has been
modified to account for erosion and an increased lake level in Green
Bay.
WI-07: FLAG RIVER. The western boundary of the unit has been
modified to reflect natural changes in the
[[Page 71356]]
configuration of the wetlands at the mouth of the Flag River.
Request for Comments
CBRA requires consultation with the appropriate Federal, State, and
local officials on the proposed CBRS boundary modifications to reflect
changes that have occurred in the size or location of any unit as a
result of natural forces (16 U.S.C. 3503(c)). We therefore invite
interested Federal, State, and local officials to review and comment on
the draft revised boundaries for Michigan, Minnesota, Mississippi,
North Carolina, Ohio, South Carolina, Texas, and Wisconsin. The Service
is specifically notifying the following stakeholders concerning the
availability of the draft revised boundaries: (1) 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; and the members of the Senate and House of
Representatives for the affected areas; (2) the governors of the
affected areas; (3) State and local officials with floodplain
management and/or land use responsibilities; and (4) Federal officials
with knowledge of the coastal geomorphology within the project area.
Federal, State, and local officials 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). Please note that boundary modifications through the
5-year review process can only be made to reflect changes that have
occurred in the size or location of any CBRS unit as a result of
natural forces. Other requests for changes to the CBRS outside of the
Service's administrative authorities (e.g., the removal of structures
from a unit) will not be considered at this time. We must receive
comments on or before the date listed above in DATES.
Following the close of the comment period, the Service will review
all comments received on the draft revised boundaries; adjust the
boundaries, as appropriate; prepare final revised maps; and publish a
notice in the Federal Register to announce the availability of the
final revised maps. The revised maps will take effect upon the date of
publication of that notice in the Federal Register.
Availability of Draft Revised Coastal Barrier Resources System
Boundaries and Related Information
The draft revised boundaries may be viewed in a web mapping
application accessed from the Service's website at https://www.fws.gov/project/cbrs-5-year-review. A shapefile of the draft revised 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.
Interested parties who are unable to access the draft revised
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.
[FR Doc. 2022-25431 Filed 11-21-22; 8:45 am]
BILLING CODE 4333-15-P
