[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Notices]
[Page 8236-8237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe09-44]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Draft Environmental Impact Statement for Residential, Commercial,
and Marine Development Along the Gulf Intracoastal Waterway, Foley Land
Cut, Gulf Shores and Orange Beach, Baldwin County, AL
AGENCY: Department of the Army, U.S. Corps of Engineers, DOD.
ACTION: Notice of availability.
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SUMMARY: This notice of availability announces the public release of
the Draft Environmental Impact Statement (EIS) for evaluation of 15
separate permit applications under the authority of Section 10 of the
Rivers and Harbors Act and Section 404 of the Clean Water Act, for
proposed mixed-use waterfront development along the Gulf Intracoastal
Waterway (GIWW) in Baldwin County, AL, specifically the stretch known
as the ``Foley Land Cut'' (FLC). The Mobile District, U.S. Army Corps
of Engineers (Corps) published in the Federal Register, May 26, 2006,
(71 FR 30393) a Notice of Intent to Prepare a Draft EIS to evaluate the
full range of direct, indirect, and cumulative impacts of the proposed
development activities along the shoreline of the FLC. The EIS will be
used as a basis for ensuring compliance with the National Environmental
Policy Act (NEPA).
FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
and the DEIS should be addressed to Mr. Michael B. Moxey, Regulatory
Division, phone (251) 694-3771 or e-mail at
michael.b.moxey@sam.usace.army.mil, or Ms. Linda T. Brown, Coastal
Environment Team, phone (251) 694-3786 or e-mail at
linda.t.brown@usace.army.mil, Mobile District, U.S. Army Corps of
Engineers, P.O. Box 2288, Mobile, AL 36628-0001.
SUPPLEMENTARY INFORMATION:
1. The permit applications propose construction of 15 mixed-use
developments along the FLC consisting of the following: 17 marinas, in
excess of 16,700 condominium units, 1,722 wet boat slips, 1,742 dry
boat storage spaces, various commercial establishments, support
facilities, and resort amenities. The projects are in south Baldwin
County on 15 parcels of land, of which 14 are along the northern
shoreline of the FLC and are generally bounded to the north by Baldwin
County Road (C.R.) 4. The other parcel of land proposed for development
is on the Oyster Bay southern shoreline, south of the FLC. The portions
of the properties fronting the FLC are expected to be used for water-
based developments and will include marinas, ship stores, and
associated infrastructure. The remaining portions of the properties are
expected to accommodate mixed-use development and will include
condominium units; amenities such as pools, boardwalks, and restroom
facilities; and light commercial outlets. Construction of the proposed
projects would impact approximately 711 acres and require excavation of
approximately 3,143,195 cubic yards of material from uplands, wetlands,
and waterbottoms.
The DEIS examines the No Action Alternative, Maximum Boat Slip
Alternative, and Minimum Boat Slip Alternative, as the principal
alternatives for detailed analysis. These alternatives are described in
the following paragraphs.
2. Alternative 1: No Action alternative. Under the No Action
Alternative, no marinas would be constructed on the FLC. The proposed
uplands developments could be constructed along the FLC and Oyster Bay,
but dredging of uplands, waterbottoms, or wetlands for marina
construction would not be permitted. The No Action Alternative in the
EIS serves as a benchmark against which the Preferred Alternative and
alternatives can be evaluated.
3. Alternative 2: Maximum Boat Slip alternative. Under the Maximum
Boat slip alternative, authorization for up to 3,093 boat slips on the
FLC through the year 2025 would be granted. The methodology used to
calculate this maximum number is presented in Table 10.3 of the Draft
Waterway Capacity Study (WCS) (Appendix R of the EIS). On the basis of
implementing management options and approved site plans, the WCS-
recommended capacity in the year 2025 to avoid conflict with commercial
navigation traffic is 254 boats on the FLC at any time. This capacity
translates to 3,639 boat slips on the FLC. Because no detailed guidance
exists for calculating waterway capacity for a waterbody similar to the
FLC, the WCS recognizes that some uncertainty exists with the
recommended capacity. Therefore, a confidence range of 15
percent was applied, resulting in a waterway capacity range of 3,093 to
4,185 boat slips. Using a conservative approach in approving permits
for marinas along the FLC, the USACE selected the low end of this range
as the maximum number of boat slips that will be approved.
4. Alternative 3: Minimum Boat Slip Alternative (Preferred
Alternative). Under the Minimum Boat Slip Alternative, authorization
for 1,818 boat slips through the first year of construction would
initially be granted, with the option of phasing-in 1,150 additional
boat slips until the maximum number of slips (3,093) is reached. The
methodology used to calculate this number is presented in Table 9.3 of
the WCS. This alternative assumes that mitigation management options
would not have been implemented by the first year of construction but
site plans have been approved. As a result, the WCS-recommended
capacity in the year 2025 to avoid conflict with commercial navigation
traffic is 191 boats on the FLC at any time. This capacity translates
to 2,139 boat slips on the FLC. Because no detailed guidance exists for
calculating waterway capacity for a waterbody similar to the FLC, the
WCS recognizes that some uncertainty exists with the recommended
capacity.
[[Page 8237]]
Therefore, a confidence range of 15 percent was applied,
resulting in a waterway capacity range of 1,818 to 2,460 boat slips.
Using a conservative approach in approving permits for marinas along
the FLC, the USACE selected the low end of this range (1,818) as the
number of boat slips that will be initially approved. Due to the
implementation of mitigation options, specifically the construction of
dedicated commercial barge mooring locations, the number of boat slips
initially approved increased to 1,943. This number was derived by
updating Tables 9.1, 9.3, and 10.2 in the WCS as a result of applying
the ``Commercial Vessels'' updated reduction factor (Appendix R). The
option of phasing-in 1,150 additional slips will begin after the first
year of construction and occur at a rate of 25 percent (287 slips)
every year for four years. An evaluation period will occur each year to
evaluate impacts of increased recreational boat traffic on commercial
barge navigation and overall waterway safety. During this period, the
applicant could implement mitigation management options and provide
monitoring reports to include the following:
Additional baseline data to include marina vessel use,
peak volumes/flow rates, and peak hour uses.
Impacts of projects on safety on the FLC, including
Alabama Marine Police and USCG reports.
Impacts on commercial navigation operations, including
impacts on commercial traffic schedules.
If during this evaluation period it is determined that increased
recreational boat traffic is having adverse impacts on commercial barge
navigation or safety, the USACE has the authority to deny permits for
additional boat slips on the FLC.
5. The DEIS will be available for public review at the following
locations:
Thomas B. Norton Public Library, 221 W. 19th Avenue, Gulf Shores AL
36542, (251) 968-1176.
Fairhope Public Library, 161 N. Section Street, Fairhope AL 36532,
(251) 928-7483.
Foley Public Library, 319 E. Laurel Street, Foley AL 36535, (251) 943-
7665.
Orange Beach Public Library, 26267 Canal Rd., Orange Beach AL 36561,
(251) 981-2923.
Daphne Public Library, 2607 U.S. Hwy. 98, Daphne AL 36526, (251) 621-
2818.
6. Public comments can be submitted through a variety of methods.
Written comments may be submitted to the Corps by mail, facsimile, or
electronic methods. Additional comments (written or oral) may be
presented at the public hearing to be held in March 2009 in Gulf
Shores, AL. Additional information on the public hearing will be mailed
in a public notice to the agencies and public and announced in news
releases.
Dated: February 17, 2009.
Craig J. Litteken,
Chief, Regulatory Division.
[FR Doc. E9-3887 Filed 2-23-09; 8:45 am]
BILLING CODE 3720-58-P