8046 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

February 18, 2010. 

Nancy Sutley, 

Chair, Council on Environmental Quality. 

[FR Doc. 2010–3531 Filed 2–22–10; 8:45 am] 

BILLING CODE 3125–W0–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

National Environmental Policy Act 

(NEPA) Draft Guidance, ‘‘Consideration 

of the Effects of Climate Change and 

Greenhouse Gas Emissions.’’ 

AGENCY: Council On Environmental 

Quality. 

ACTION: Notice of Availability, Draft 

Guidance, ‘‘Consideration of the Effects 

of Climate Change and Greenhouse Gas 

Emissions.’’ 

SUMMARY: On February 18, 2010, the 

Council on Environmental Quality 

(CEQ) announced four steps to 

modernize, reinvigorate, and ease the 

use and increase the transparency of 

implementation of the National 

Environmental Policy Act (NEPA). 

Enacted in 1970, NEPA is a fundamental 

tool used to harmonize our economic, 

environmental, and social aspirations 

and is a cornerstone of our Nation’s 

efforts to protect the environment. 

NEPA recognizes that many Federal 

activities affect the environment and 

mandates that Federal agencies consider 

the environmental impacts of their 

proposed actions before acting. 

Additionally, NEPA emphasizes public 

involvement in government actions 

affecting the environment by requiring 

that the benefits and the risks associated 

with proposed actions be assessed and 

publicly disclosed. 

CEQ, which is charged with 

implementing NEPA, recognizes that it 

is a visionary and versatile law that can 

be used effectively to address new 

environmental challenges facing our 

nation and also to engage the public 

widely and effectively. Furthermore, 

CEQ wants to develop more effective 

and accessible tools for citizen 

involvement in government decisionmaking. These actions are designed to 

provide carefully-tailored new 

assessment and reporting requirements, 

facilitate agency compliance with 

NEPA, and enhance the quality of 

public involvement in governmental 

decisions relating to the environment. 

DATES: Comments should be submitted 

on or before May 24, 2010. 

ADDRESSES: The NEPA Draft Guidance 

documents are available at http:// 

www.nepa.gov. Comments on the NEPA 

Draft Guidance ‘‘Consideration of the 

Effects of Climate Change and 

Greenhouse Gas Emissions’’ should be 

submitted electronically to 

GCC.guidance@ceq.eop.gov, or in 

writing to The Council on 

Environmental Quality, Attn: Ted 

Boling, 722 Jackson Place, NW., 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: Ted 

Boling, Senior Counsel, at (202) 395– 

5750. 

SUPPLEMENTARY INFORMATION: CEQ is 

issuing draft guidance for public 

comment on when and how Federal 

agencies must consider the impacts of 

proposed Federal actions on global 

climate change, as well as the expected 

environmental effects from climate 

change that may be relevant to the 

design of the proposed Federal action. 

CEQ has been asked to provide guidance 

on this subject informally by Federal 

agencies and formally by a petition 

under the Administrative Procedure 

Act. The draft guidance explains how 

Federal agencies should analyze the 

environmental impacts of greenhouse 

gas emissions and climate change when 

they describe the environmental 

impacts of a proposed action under 

NEPA by (1) providing practical tools 

for agency reporting, including a 

presumptive threshold of 25,000 metric 

tons of carbon dioxide equivalent 

emissions from the proposed action to 

trigger consideration of a quantitative 

analysis, and (2) suggestions to agencies 

on how to assess the effects of climate 

change on the proposed action, and, in 

turn, on the design of agency actions. 

CEQ will seek public comment on this 

guidance for 90 days. Draft guidance 

documents are now available at the 

Council on Environmental Quality Web 

site at http://www.nepa.gov. 

Public comments are requested on or 

before May 24, 2010. 

February 18, 2010. 

Nancy Sutley, 

Chair, Council on Environmental Quality. 

[FR Doc. 2010–3532 Filed 2–22–10; 8:45 am] 

BILLING CODE 3125–W0–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

National Environmental Policy Act 

(NEPA) Draft Guidance, ‘‘NEPA 

Mitigation and Monitoring.’’ 

AGENCY: Council On Environmental 

Quality. 

ACTION: Notice of Availability, Draft 

Guidance, ‘‘NEPA Mitigation and 

Monitoring.’’ 

SUMMARY: On February 18, 2010, the 

Council on Environmental Quality 

(CEQ) announced four steps to 

modernize, reinvigorate, and ease the 

use and increase the transparency of 

implementation of the National 

Environmental Policy Act (NEPA). 

Enacted in 1970, NEPA is a fundamental 

tool used to harmonize our economic, 

environmental, and social aspirations 

and is a cornerstone of our Nation’s 

efforts to protect the environment. 

NEPA recognizes that many Federal 

activities affect the environment and 

mandates that Federal agencies consider 

the environmental impacts of their 

proposed actions before acting. 

Additionally, NEPA emphasizes public 

involvement in government actions 

affecting the environment by requiring 

that the benefits and the risks associated 

with proposed actions be assessed and 

publicly disclosed. 

CEQ, which is charged with 

implementing NEPA, recognizes that it 

is a visionary and versatile law that can 

be used effectively to address new 

environmental challenges facing our 

nation and also to engage the public 

widely and effectively. Furthermore, 

CEQ wants to develop more effective 

and accessible tools for citizen 

involvement in government decisionmaking. These actions are designed to 

provide carefully-tailored new 

assessment and reporting requirements, 

facilitate agency compliance with 

NEPA, and enhance the quality of 

public involvement in governmental 

decisions relating to the environment. 

DATES: Comments should be submitted 

on or before May 24, 2010. 

ADDRESSES: The NEPA Draft Guidance 

documents are available at http:// 

www.nepa.gov. 

Comments on the NEPA Draft 

Guidance ‘‘NEPA Mitigation and 

Monitoring’’ should be submitted 

electronically to 

Mitigation.guidance@ceq.eop.gov, or in 

writing to The Council on 

Environmental Quality, Attn: Ted 

Boling, 722 Jackson Place, NW., 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: Ted 

Boling, Senior Counsel, at (202) 395– 

5750. 

SUPPLEMENTARY INFORMATION: Draft 

Guidance Clarifying (1) the 

Appropriateness of ‘‘Findings of No 

Significant Impact’’ and (2) Specifying 

the Need for Ongoing Monitoring of 

Environmental Mitigation 

Commitments: Many Federal actions 

receive an environmental review, 

known as an Environmental 

Assessment. In those instances, NEPA 

compliance is usually completed with a 

‘‘Finding of No Significant Impact’’ 

(FONSI) on the environment and a more 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8047 

detailed Environmental Impact 

Statement is not required. The draft 

guidance clarifies that the 

environmental impacts of a proposed 

action may be mitigated to the point 

when the agency may make a FONSI 

determination, and thereby ease the 

NEPA review requirements. When the 

FONSI depends on successful 

mitigation, however, such mitigation 

requirements should be made public 

and be accompanied by monitoring and 

reporting. The draft guidance reinforces 

and also applies to monitoring and 

reporting of mitigation commitments 

agencies make in an EIS and the Record 

of Decision that follows. CEQ has issued 

this draft guidance for 90 days of public 

comment. Draft guidance documents are 

now available at the Council on 

Environmental Quality Web site at 

http://www.nepa.gov. 

Public comments are requested on or 

before May 24, 2010. 

February 18, 2010. 

Nancy Sutley, 

Chair, Council on Environmental Quality. 

[FR Doc. 2010–3535 Filed 2–22–10; 8:45 am] 

BILLING CODE 3125–W0–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Army Corps 

of Engineers 

Notice of Intent To Prepare a Joint 

Environmental Impact Statement and 

Environmental Impact Report for the 

Lower Walnut Creek General 

Reevaluation Report 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers; DOD. 

ACTION: Notice of Intent. 

SUMMARY: Pursuant to the National 

Environmental Policy Act (NEPA) and 

the California Environmental Quality 

Act (CEQA), the U.S. Army Corps of 

Engineers, Sacramento District (USACE) 

intends to prepare a joint environmental 

impact statement/environmental impact 

report (EIS/EIR) for the Lower Walnut 

Creek General Reevaluation Report 

(LWCGRR). USACE will serve as lead 

agency for compliance with NEPA, and 

the Contra Costa County Flood Control 

and Water Conservation District 

(CCCFCWCD) will serve as lead agency 

for compliance with CEQA. The 

LWCGRR will evaluate alternatives, 

including a locally preferred plan, for 

providing flood risk management and 

ecosystem restoration along the 

northern portion of the Walnut Creek 

watershed in the Central Coast of 

California. The approximate drainage 

area of the proposed action and analysis 

is 180 square miles. 

DATES: Written comments regarding the 

scope of the environmental analysis 

should be received by March 23, 2010. 

ADDRESSES: Written comments 

concerning this study and requests to be 

included on the LWCGRR mailing list 

should be submitted to Ms. Jamie 

LeFevre, U.S. Army Corps of Engineers, 

Sacramento District, Attn: Planning 

Division (CESPK–PD–R), 1325 J Street, 

Sacramento, CA 95814. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jamie LeFevre via telephone at (916) 

557–6693, e-mail at 

Jamie.M.Lefevre@usace.army.mil, or 

mail at (see ADDRESSES). 

SUPPLEMENTARY INFORMATION: 

1. Proposed Action. USACE is 

preparing an EIS/EIR to analyze the 

environmental impacts associated with 

a range of alternatives for providing 

flood damage reduction and ecosystem 

restoration along the northern portion of 

the Walnut Creek watershed (Figure 1). 

2. Alternatives. The EIS/EIR will 

address an array of alternatives for 

providing flood risk management within 

the project area. Alternatives analyzed 

during the investigation may include, 

but are not limited to, a combination of 

one or more of the following flood risk 

management measures: modifying the 

channel cross section and building 

setback levees along the lower reaches 

of the creek to recreate a larger 

floodplain; increasing conveyance by 

raising levees; widening channels and 

floodway areas; dredging; and various 

floodplain management measures. 

Ecosystem restoration measures may 

include, but are not limited to: restoring 

riparian, wetland, and floodplain 

habitats for habitat restoration and/or 

providing fish passage. 

3. Scoping Process. 

a. A public scoping meeting will be 

held to present an overview of the 

LWCGRR and the EIS/EIR process, and 

to afford all interested parties with an 

opportunity to provide comments 

regarding the scope of analysis and 

potential alternatives. The public 

scoping meeting will be held at the 

Contra Costa County Public Works 

Department at 255 Glacier Drive in 

Martinez, CA on February 22, 2010, 

from 4 p.m. to 8 p.m. 

b. Potentially significant issues to be 

analyzed in depth in the EIS/EIR 

include project specific and cumulative 

effects on hydraulics, wetlands and 

other waters of the U.S., vegetation and 

wildlife resources, special-status 

species, esthetics, cultural resources, 

recreation, land use, fisheries, water 

quality, air quality, and transportation. 

c. USACE will consult with the State 

Historic Preservation Officer to comply 

with the National Historic Preservation 

Act and with the U.S. Fish and Wildlife 

Service and National Marine Fisheries 

Service to comply with the Endangered 

Species Act. USACE is also coordinating 

with the U.S. Fish and Wildlife Service 

to comply with the Fish and Wildlife 

Coordination Act. In addition, USACE 

or CCCFCWCD will need to obtain 

permits from the California Department 

of Fish and Game and the San Francisco 

Bay Regional Water Quality Control 

Board. 

d. A 45-day public review period will 

be provided for all interested parties 

individuals and agencies to review and 

comment on the draft EIS/EIR. All 

interested parties are encouraged to 

respond to this notice and provide a 

current address if they wish to be 

notified of the draft EIS/EIR circulation. 

4. Availability. The draft EIS/EIR is 

currently scheduled to be available for 

public review and comment in 2016. 

Dated: February 8, 2010. 

Thomas Chapman, 

COL, EN, Commanding. 

[FR Doc. 2010–3493 Filed 2–22–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Notice of Intent To Prepare a Draft 

Environmental Impact Statement for 

the Proposed Duke Energy Carolinas, 

LLC, Offshore Wind Demonstration 

Project Within the Pamlico Sound, 

Dare County, NC 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Army Corps of 

Engineers (USACE), Wilmington 

District, Regulatory Division has 

received a request for Department of the 

Army authorization, pursuant to Section 

404 of the Clean Water Act and Section 

10 of the Rivers and Harbors Act, from 

Duke Energy Carolinas, LLC, to 

construct up to three (3) power 

generating wind turbines within the 

Pamlico Sound and to conduct research 

relating to the development of future 

offshore wind energy projects. This 

project is located within a 3-mile square 

area located approximately 7.3 miles 

west of Avon and 9.1 miles north of 

Frisco within the Pamlico Sound, NC. In 

order to maximize exposure to 

prevailing winds, the turbines will be 

oriented in a northwest to southeast 

mstockstill on DSKH9S0YB1PROD with NOTICES