[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Notices]
[Page 16188-16190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap09-39]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Intent To Prepare a Draft Environmental Impact
Statement for the Town of Nags Head, Beach Nourishment Project in Dare
County, NC
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
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SUMMARY: The U.S. Army Corps of Engineers (COE), Wilmington District,
Regulatory Division, has received a request for Department of the Army
authorization, pursuant to Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act of 1899, from the Town of Nags
Head to dredge
[[Page 16189]]
up to 4.6 million cubic yards of beach-quality sediment from an
offshore borrow source, and deposit the material along approximately 10
miles of ocean shoreline in the Town of Nags Head.
The applicant proposes to utilize a self-contained hopper dredge
during a proposed construction window from April through September to
undertake the dredging operations and discharge the sand on the beach
via submerged pipeline. In addition, the applicant's proposed offshore
borrow areas include sites identified in the U.S. Army Corps of
Engineers, Wilmington District's EIS, entitled Final Feasibility Report
and Environmental Impact Statement on Hurricane Protection and Beach
Erosion Control, dated September 2000.
DATES: A public scoping meeting for the Draft Environmental Impact
Statement (DEIS) will be held at the Nags Head Fire Station
16, at 5314 S. Croatan Highway, Nags Head, NC 27959 on April
28, 2009 at 3:30 p.m.
ADDRESSES: Copies of comments and questions regarding scoping of the
Draft EIS may be addressed to: U.S. Army Corps of Engineers, Wilmington
District, Regulatory Division--Washington Regulatory Field Office, 107
Union Drive, Suite 205, Washington, NC 27889, Attn: File Number SAW
2006-40282.
FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
and DEIS can be directed to Mr. Raleigh Bland, Regulatory Division,
telephone: (252) 975-1616, Extension 23.
SUPPLEMENTARY INFORMATION: The project site is located off NC Highway
12, adjacent to the Atlantic Ocean, in the Town of Nags Head, Dare
County, North Carolina. The proposed project totals approximately 10
miles of ocean shoreline beginning approximately 1 mile from the town's
northern limit and extending south to the town line adjacent to the
Cape Hatteras National Seashore. The proposed borrow area is located in
the Atlantic Ocean approximately 2-3 miles offshore of the project
site. The Town of Nags Head encompasses approximately 11 miles of ocean
shoreline on a barrier island located at the northern end of North
Carolina's Outer Banks. The width of the berm of the island's dune
system varies considerably with location along the town's beach and
with the season. Along most of the project area, the winter berm is
non-existent due to continuing erosion processes. Dune habitat is
currently decreasing due to excessive erosion of the base or toe of the
dunes by waves that travel unimpeded over eroded wet beach to directly
impact dunes.
The Town of Nags Head has provided the following information about
the purpose of the proposed project:
The purpose of the proposed project is to nourish the island's
ocean shoreline to restore eroded areas to a condition that would be
able to sustain chronic erosion and the short-term impact of storms for
at least 4-5 years, protect upland property, infrastructure, and tax
base, and widen the recreational beach by 50-125 feet waterward of the
ordinary high water mark.
The proposed borrow area includes portions of offshore areas
identified by the Corps of Engineers in the 2000 Federal Dare County
Project. Several sub areas have been sampled and tested for sediment
compatibility. Water depths in the borrow area are approximately 40-55
feet. The anticipated optimal equipment for excavations will include
ocean-certified, self-contained hopper dredges. Such equipment
typically excavates shallow trenches (approximately 2-3 foot sections)
in each pass (leaving narrow undisturbed areas at the margin of each
cut), then travels to a buoyed pipeline anchored close to shore.
Discharge to the beach is via submerged pipeline across the surf zone,
then by way of shore-based pipe positioned along the dry beach. Only a
small area of the Corps borrow area will be required to provide up to
4.6 million cubic yards of beach quality material. The applicant is
coordinating the specific area for use in the proposed project with the
Corps with the following understanding: (1) The final borrow area
required for the emergency beach nourishment project can be limited to
the equivalent of a 0.9 square-mile (approximately 575 acres) area, (2)
the borrow area used will be contiguous rather than a series of small
impact areas, (3) once used, the borrow area will no longer be
available for use, consistent with the Dare County Project, and (4) the
borrow area will be delineated so as to avoid ongoing biological
monitoring stations established by the Corps in connection with the
Dare County Project. The project will be built in approximate 1-2 mile
sections, optimizing the disposition of pipeline. Sections will be
pumped into place with the aid of temporary dikes pushed up by
bulldozers in the surf zone. Daily operations will impact approximately
500-1,000 linear feet of shoreline as work progresses in either
direction from the submerged pipeline. Upon completion of a section,
the submerged pipe and beach-building equipment will be shifted to the
next section. As construction progresses, sections will be graded to
final contours, dressed to eliminate low areas, and opened for use by
the public. Support equipment will be shifted out of completed sections
as soon as practicable, so that construction activities in a particular
reach will not disrupt normal beach use for only a month or so at any
locality. The finished sections will be allowed to adjust to natural
processes for several months. The final process will include the
placement of dune fencing and/or dune plantings as needed or required.
Proposed Impacts to Wetlands and Surface Waters: Surface waters and
jurisdictional areas have been identified for the proposed project
site. Field reviews of the project area have revealed that there are no
vegetated freshwater or coastal wetlands located in the project area.
The proposed project will impact approximately 10 miles of ocean beach
shoreline and 575 acres of ocean bottom.
Scope of Investigations: Based upon the proposed impacts to waters
of the United States, the Town of Nags Head, and their consultant,
Coastal Science & Engineering, has indicated to the U.S. Army Corps of
Engineers that they are willing to pursue an Environmental Impact
Statement (EIS) for the proposed Project. The scope of the EIS
investigation will include the following: Alternatives analyses,
affected environment, environmental consequences, and secondary and
cumulative environmental impacts.
Alternatives Analyses: Council on Environmental Quality (CEQ)
regulations (40 CFR 1502.14(a)) require an EIS to ``rigorously explore
and objectively evaluate all reasonable alternatives'' for a proposed
action. The regulations (40 CFR 1502.14(b)) further require that
substantial treatment be made of each alternative considered in detail,
including the proposed action. The Town of Nags Head has identified
three alternatives for the proposed project, including (1) no action;
(2) abandon property, retreat, and relocate; and (3) nourish the beach.
The factors used to compare the alternatives will be the same for each
of the alternatives.
Affected Environment: CEQ regulations (40 CFR 1502.15) require the
EIS to describe the environment of the areas to be affected or created
by the alternatives under consideration. The data and analysis shall be
commensurate with the importance of the impact. Based upon preliminary
evaluation of the proposed Project, it appears the primary areas of
environmental concern will focus on the use of a hopper dredge during
the warm weather season and the potential effect on marine and
threatened and endangered resources.
[[Page 16190]]
In preparation for the EIS, the following studies have been
completed or are ongoing for the proposed Project:
Meetings with Federal and State regulatory and resource
agencies (2005 to present).
DA application and Draft Environmental Impact Statement
(2006).
Data compilations and surveys including, but not limited
to littoral processes, cultural resources, biological surveys, sediment
characteristics, economic, draft Essential Fish Habitat, hopper dredge
protocol, and a Biological Assessment (2006 to present).
Public Notice (2006).
Federal Project Comparison (2007).
SEPA (2007).
Biological Opinion/USFWS (2008).
EFH Assessment/NMFS (2008).
State SEPA Record of Decision (2009).
Environmental Consequences: CEQ regulations (40 CFR 1502.16) state
the EIS will include the environmental impacts of the alternatives
including the proposed action, any adverse environmental effects which
cannot be avoided should the proposal be implemented, the relationship
between short-term uses of man's environment and the maintenance and
enhancement of long-term productivity, and any irreversible or
irretrievable commitments of resources which would be involved in the
proposal should it be implemented. The EIS will identify and disclose
the direct impacts of the proposed project and study a reasonable
number of alternatives on the following: topography, geology, soils,
climate, biotic communities, wetlands, fish and wildlife resources,
endangered and threatened species, hydrology, water resources and water
quality, floodplains, hazardous materials, air quality, noise,
aesthetics, recreational resources, historical and cultural resources,
socio-economic, land use, public health and safety, energy requirements
and conservation, natural or non-renewable resources, drinking waters,
and environmental justice.
Secondary and Cumulative Environmental Impacts: Cumulative impacts
result from the incremental impact of the proposed action when added to
past, present, and reasonably foreseeable future actions, regardless of
what agency or person undertakes the action. Geographic Information
System (GIS) data and mapping will be used to evaluate and quantify
secondary and cumulative impacts of the proposed Project with
particular emphasis given to waters and marine resources.
Mitigation: CEQ regulations (40 CFR 1502.14, 1502.16, and 1508.20)
require the EIS to include appropriate mitigation measures, if
applicable. The USACE has adopted, through the CEQ, a mitigation policy
which embraces the concepts of ``no net loss of wetlands'' and project
sequencing. The purpose of this policy is to restore and maintain the
chemical, biological, and physical integrity of ``Waters of the United
States,'' specifically wetlands. Mitigation of wetland impacts has been
defined by the CEQ to include: avoidance of impacts (to wetlands),
minimizing impacts, rectifying impacts, reducing impacts over time, and
compensating for impacts (40 CFR 1508.20). Each of these aspects
(avoidance, minimization, and compensatory mitigation) must be
considered in sequential order. As part of the EIS, if applicable, the
applicant will develop a compensatory mitigation plan detailing the
methodology and approach to compensate for unavoidable impacts to
waters of the U.S.
NEPA/SEPA Preparation and Permitting: Because the proposed Nags
Head project requires approvals from Federal and State agencies under
both the National Environmental Policy Act (NEPA) and the State
Environmental Policy Act (SEPA), a joint Federal and State
Environmental Impact Statement (EIS) will be prepared. The U.S. Army
Corps of Engineers will serve as the lead agency for the process. The
EIS will be the NEPA document for the Corps of Engineers (404 permit)
and the SEPA document for the State of North Carolina (401 permit).
Based on the size, complexity, and potential impacts of the
proposed project, the Applicant has been advised by the U.S. Army Corps
of Engineers to identify and disclose the environmental impacts of the
proposed project in an Environmental Impact Statement (EIS). Within the
EIS, the Applicant will conduct a thorough environmental review,
including an evaluation of a reasonable number of alternatives. After
distribution and review of the Draft EIS and Final EIS, the Applicant
understands that the U.S. Army Corps of Engineers will issue a Record
of Decision (ROD) for the project. The ROD will document the completion
of the EIS process and will serve as a basis for permitting decisions
by Federal and State agencies.
Jefferson M. Ryscavage,
Colonel, U.S. Army, District Commander.
[FR Doc. E9-8084 Filed 4-8-09; 8:45 am]
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