73888 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R06–OW–2014–0569; FRL–9920–30– 

Region–6] 

Clean Water Act: Section 404(c) 

Exception Approval 

AGENCY: U.S. Environmental Protection 

Agency. 

ACTION: Notice of approval for exception 

to 1985 Clean Water Act (CWA) Section 

404(c) Final Determination for the 

Bayou aux Carpes site. 

SUMMARY: This is a notice of the 

Environmental Protection Agency 

(EPA’s) approval of coverage for the 

continued operation and maintenance of 

the portion of the Barataria to Alliance 

Transmission Line and an associated 

distribution line located in the Bayou 

aux Carpes CWA Section 404(c) site in 

Jefferson Parish, Louisiana, under an 

exception provided in the October 16, 

1985, EPA Bayou aux Carpes Final 

Determination, as amended. This action 

covers discharges (approximately 1.35 

cubic yards) to wetlands of dredged or 

fill material associated with ongoing 

activities by Entergy Louisiana, L.L.C. 

(Entergy) to provide electrical service to 

residential, commercial, military, 

industrial, and other facilities in nearby 

Plaquemines Parish, Louisiana. 

DATE: The effective date of this 

modification is December 2, 2014. 

ADDRESS: U.S. EPA Region 6, Ecosystem 

Protection Division, (6WQ–EC), Ross 

Avenue, Dallas, TX 75202–2733. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Barbara Keeler by phone at (214) 665– 

6698 or by email at keeler.barbara@

epa.gov. Additional information and 

supporting documents are available at 

http://www.regulations.gov (Docket No. 

EPA–R06–OW–2014–0569). 

SUPPLEMENTARY INFORMATION: The Bayou 

aux Carpes CWA Section 404(c) site is 

located approximately ten miles south 

of New Orleans, Louisiana, on the West 

Bank of Jefferson Parish. The site 

includes about 3,000 acres of wetlands 

subject to federal jurisdiction under the 

CWA. The area is bounded on the north 

by the Estelle Pumping Station Outfall 

Canal, on the east by Bayou Barataria 

(Gulf Intracoastal Waterway), on the 

south by Bayou Barataria and Bayou des 

Familles, and on the west by State 

Highway 3134 and the ‘‘V-Levee.’’ In 

2009, most of the site was incorporated 

into the Barataria Unit of the Jean Lafitte 

National Historical Park and Preserve 

and the site remains subject to the CWA 

Section 404(c) restrictions. 

Entergy petitioned EPA on August 18, 

2014, for an exception to the October 16, 

1985, EPA Final Determination for the 

Bayou aux Carpes site, issued under 

Section 404(c) of the CWA. An 

exception was provided in the original 

1985 restriction for discharges 

associated with routine operation and 

maintenance of the Southern Natural 

Gas Pipeline Company pipeline. 

Subsequently, the exception was 

extended to cover minor discharges 

from emergency maintenance and 

relocation of a portion of another 

existing pipeline operated by Shell 

Pipeline Corporation. Both the original 

exception and the subsequent extended 

coverage were allowed based on 

determinations that the proposed 

activities associated with these existing 

linear service utilities would be unlikely 

to result in unacceptable adverse effects 

to the Bayou aux Carpes CWA Section 

404(c) site. This action approves 

coverage under the same exception for 

the work requested by Entergy, which 

will also entail minor temporary 

impacts to the subject wetlands. 

The August 18, 2014, request by 

Entergy, and other background 

information are available at: http://

www.regulations.gov (Docket No. EPA– 

R06–OW–2014–0569). 

Background 

Section 404(c) of the CWA authorizes 

the EPA to prohibit, deny, restrict or 

withdraw the use of any defined area as 

a disposal site for dredged or fill 

material if the discharge will have 

unacceptable adverse effects on 

municipal water supplies, shellfish beds 

and fishery areas (including spawning 

and breeding areas), wildlife, or 

recreational areas. The U.S. Army Corps 

of Engineers (Corps) authorizes 

thousands of CWA Section 404 permits 

every year and the EPA works with the 

Corps and applicants to resolve 

environmental concerns. Since the 

passage of the CWA in 1972, the EPA 

has finalized Section 404(c) prohibitions 

or restrictions only 13 times. The use of 

this authority has typically involved 

major projects with unacceptable 

impacts on some of America’s most 

ecologically valuable waters. 

On November 15, 1985, EPA 

published a CWA Section 404(c) Final 

Determination (50 FR 47267) restricting, 

with three exceptions, future discharges 

of dredged or fill material to wetlands 

in the Bayou aux Carpes site. The CWA 

Section 404(c) action was based upon a 

thorough record of investigations, 

including field surveys, remote sensing 

and other technical analyses conducted 

by three EPA facilities, the U.S. Fish 

and Wildlife Service, the National Park 

Service and the Louisiana State 

University Center for Wetland 

Resources. 

The 1985 EPA Bayou aux Carpes 

CWA Section 404(c) Final 

Determination included three 

exceptions. The first of the original 

three approved exceptions is for 

discharges associated with the 

completion of a specific design option 

for the Corps’ Harvey Canal—Bayou 

Barataria Levee Project, which was 

never constructed. The second 

exception is for discharges associated 

with routine operation and maintenance 

of the Southern Natural Gas Pipeline. 

The third exception provides for 

possible future EPA approved habitat 

enhancement activities. The EPA 

determined that these three types of 

activities would be unlikely to result in 

unacceptable adverse effects to the 

aquatic environment, as long as they 

were performed in accordance with any 

specified conditions and complied with 

any permit conditions that might be 

imposed by the Corps through the CWA 

Section 404 permit process. A provision 

was also included to allow other 

interests to petition the EPA for 

reconsideration if, in the future, other 

activities were to be proposed for public 

benefit which would result in only 

minor impacts. 

There has been only one major 

modification to the EPA’s 1985 decision 

to restrict discharges into the wetlands 

of the Bayou aux Carpes site. The 

modification was granted to the Corps 

in 2009 in association with the 

construction of flood risk reduction 

upgrades following Hurricane Katrina. 

On November 4, 2008, the Corps 

requested that the Bayou aux Carpes 

CWA Section 404(c) designation be 

modified to allow construction of a 

floodwall along Bayou Barataria and 

tying it into the planned West Closure 

Complex, as part of the post-Hurricane 

Katrina upgrades known as the Greater 

New Orleans Hurricane and Storm 

Damage Risk Reduction System Project. 

This work was but a small part of the 

larger effort to reduce flood risks to the 

250,000 people living on the west bank 

of the Mississippi River and to 

infrastructure supporting the greater 

New Orleans area by building a more 

resilient and reliable storm damage and 

risk reduction system, as directed by 

Congress. 

In addition to that modification of the 

1985 EPA Bayou aux Carpes CWA 

Section 404(c) Final Determination, the 

EPA has considered very few requests 

for coverage under the original 

exceptions. In 1992, Shell Pipeline 

Corporation requested permission to 

allow the discharge of dredged and fill 

material effecting approximately 0.43 

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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices 73889 

acres of wetlands in the restricted site 

in connection with a proposed below 

ground pipeline relocation. This work 

was necessary to facilitate the 

enlargement of a federal hurricane 

protection levee and to remedy the 

emergency reconstruction of a leaking 

temporary by-pass pipeline segment. In 

addition, future routine operation and 

maintenance activities associated with 

this pipeline were requested to be 

excluded from the CWA Section 404(c) 

restriction. After notifying interested 

parties of the request via Federal 

Register publication and coordinating 

with the Corps and other agencies, the 

EPA granted the requests, publishing 

the decision at 57 FR 3757 (January 31, 

1992). The EPA concluded that 

relocating the pipeline to non-wetlands 

was infeasible from the perspectives of 

engineering and public safety, the work 

would have only minimal and 

temporary effects on the wetlands at 

issue and the work was essentially the 

same as that envisioned under the 

second exception included in the 1985 

Final Determination. 

Over the years, additional requests for 

modifications have been the subject of 

initial analyses by the EPA. In each of 

those cases, however, the petitioners did 

not complete the analyses required for 

an agency decision. 

Proposed Activities 

The Barataria to Alliance 

Transmission Line was constructed in 

the 1960’s by Entergy’s predecessor, 

Louisiana Power & Light. Of the 74,012 

foot total transmission line length, an 

11,543 foot section and 15 towers are 

within the 120 foot right-of-way that 

runs through the southern portion of the 

Bayou aux Carpes CWA Section 404(c) 

site. The distribution line and 15 

wooden single poles course through 

approximately 3,415 feet within a ten 

foot right-of-way section of the Bayou 

aux Carpes site. 

On August 18, 2014, Entergy 

petitioned the EPA for an exception to 

cover anticipated temporary impacts to 

a total of 0.003 acres (approximately 

1.35 cubic yards) of wetlands resulting 

from operation and maintenance 

activities for portions of an existing 

transmission line and portions of a 

distribution line located within the 

Bayou aux Carpes Section 404(c) area. 

Entergy’s request involves activities 

required for preventative maintenance 

and inspections as required by Federal 

Energy Regulatory Commission 

regulations, North American Electric 

Reliability Corporation regulations and 

Entergy’s guidelines and procedures. 

The activities subject to the request are 

projected to temporarily effect no more 

than 0.003 acres of the protected 

wetlands during the remaining 50–60 

years of expected facility life. 

Conclusion 

Following receipt of the request by 

Entergy, the EPA conducted a technical 

review of the projected wetland 

impacts, considered the applicable 

programmatic requirements, 

coordinated with other resource 

agencies, and provided an opportunity 

for public review. We received no 

comments from the public and one 

statement of federal agency support for 

the proposed EPA action to approve the 

Entergy request, which came from the 

Jean Lafitte National Historical Park and 

Preserve. 

As a result of our analyses, the EPA 

has approved the request by Entergy to 

perform limited operation and 

maintenance activities on the specified 

power lines located in the Bayou aux 

Carpes CWA Section 404(c) site in 

Jefferson Parish, Louisiana. The EPA has 

approved coverage for the continued 

operation and maintenance of these 

lines under an exception provided in 

the October 16, 1985 EPA Bayou aux 

Carpes Final Determination as amended. 

The 1985 CWA Section 404(c) EPA 

decision to restrict the use of the Bayou 

aux Carpes site for the discharge of 

dredged or fill material included three 

exceptions. The second exception 

covered discharges associated with the 

routine operation and maintenance of 

portions of the Southern Natural Gas 

Pipeline that crossed the site. An 

exception was subsequently extended to 

Shell Pipeline Corporation in 1992 for 

work on another pipeline that predated 

the 1985 EPA restriction. We have now 

extended coverage under that same 

exception in the Final Determination as 

amended to Entergy for the purposes 

specified in the August 18, 2014 

request. These activities are similar to 

those previously approved for the 

Southern Natural Gas pipeline and the 

Shell pipeline in that the electrical lines 

existed prior to the 1985 EPA decision 

and the maintenance work is expected 

to incur only minor and temporary 

wetland impacts. 

This decision reflects a unique set of 

circumstances and does not have any 

bearing on any other CWA Section 

404(c) determinations, amendments, or 

modification requests. Each CWA 

Section 404(c) designation represents a 

unique situation that responds to a 

specific set of parameters unlike any 

other. 

This CWA Section 404(c) approval 

covers discharges expected to impact no 

more than a total of 0.003 acres of 

wetlands (approximately 1.35 cubic 

yards) in the Bayou aux Carpes CWA 

Section 404(c) site from dredged or fill 

material associated with ongoing 

Entergy activities. The activities are 

restricted to those included in the 

August 18, 2014, request by Entergy to 

the EPA. 

The approved work includes such 

routine maintenance as inspecting 

towers and lines for damage, replacing 

tower coatings, reapplying cathodic 

protection on foundations and anchors, 

cutting vegetation away from overhead 

lines, limited spot treatments with 

approved herbicides, and other 

emergency repairs including tower 

replacements in the same location. 

Entergy expects that any replacement of 

towers would be accomplished without 

discharging dredged or fill material, 

with the exception of tower structure 

#31. In that instance, special procedures 

should be employed whereby the old 

foundations would be left in place and 

the new foundations would be situated 

nearby. In all cases, the access to the 

site, the types of work and repair 

methods, and the kinds of vehicles and 

machinery to be used shall be designed 

so as to avoid and minimize wetland 

impacts and shall be in accordance with 

the methods specified in the August 18, 

2014, Entergy request. 

Entergy shall be the responsible entity 

for ensuring compliance with the terms 

of this approval. Entergy shall be 

responsible for ensuring that all 

employees and contractors working 

within the Bayou aux Carpes CWA 

Section 404(c) site understand the terms 

and extent of this approval. Any 

violation of the terms of this approval 

shall be reported by Entergy to the EPA 

by telephone immediately upon 

discovery, followed by a written report 

by Entergy describing the circumstances 

and ecological impacts. In this event, all 

related work activities shall cease until 

resolution is reached with the EPA. 

Entergy shall notify Jean Lafitte 

National Historical Park and Preserve 

prior to each instance during which 

inspections (including aerial 

inspections) or operations and 

maintenance work is performed within 

the Bayou aux Carpes CWA Section 

404(c) site. In each instance, Entergy 

shall employ the least damaging 

equipment and repair methods possible. 

This approval does not cover any 

activities that would impact wetlands in 

the Bayou aux Carpes CWA Section 

404(c) site associated with any 

alternatives for placing the currently out 

of service distribution line back into 

service or to remove the 3,415 foot-long 

distribution line and associated 15 

wooden poles. Similarly, this approval 

does not cover the deactivation of the 

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73890 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices 

transmission line or the removal of the 

11,534 foot-long power line and 15 

transmission structures within the 

Bayou aux Carpes CWA Section 404(c) 

site. Such activities should be 

specifically coordinated in advance 

with the EPA and Jean Lafitte National 

Historical Park and Preserve. 

This approval does not provide 

authorization under Section 10 of the 

Rivers and Harbors Act of 1899 or 

Section 404 of the Clean Water Act for 

Entergy’s proposed discharges. Entergy 

must obtain authorization from the 

Corps in order to proceed with any 

activities governed by these statutes at 

the Bayou aux Carpes CWA Section 

404(c) site. Entergy shall also be 

responsible for obtaining all necessary 

permits and approvals from the National 

Park Service, Jean Lafitte National 

Historical Park and Preserve. In 

addition, Entergy shall be responsible 

for obtaining any other necessary 

permits, notices and approvals at all 

levels of government and for conducting 

all required regulatory coordination 

prior to implementing any of the work 

covered by this approval. 

In the event that Entergy determines 

that the continued operation and 

maintenance activities covered by this 

exception will cause or are likely to 

cause unanticipated and unacceptable 

adverse impacts, it shall notify the EPA. 

Similarly, if the EPA determines that the 

continued operation and maintenance 

activities covered by this exception will 

cause or are likely to cause 

unanticipated and unacceptable adverse 

impacts, the EPA may reconsider this 

approval. 

Dated: December 2, 2014. 

Samuel Coleman, 

Acting Regional Administrator. 

[FR Doc. 2014–29192 Filed 12–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–9018–4] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–7146 or http://www.epa.gov/

compliance/nepa/. 

Weekly receipt of Environmental Impact 

Statements 

Filed 12/1/2014 Through 12/5/2014 

Pursuant to 40 CFR 1506.9. 

Notice 

Section 309(a) of the Clean Air Act 

requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: http://

www.epa.gov/compliance/nepa/

eisdata.html. 

EIS No. 20140347, Final EIS, FHWA, 

TN, SR–126 (Memorial Boulevard) 

Improvement Project from East Center 

Street to I–81, Review Period Ends: 

01/12/2015, Contact: Theresa Claxton 

615–781–5770. 

EIS No. 20140348, Final EIS, FHWA, 

WI, Interstate 43 North-South 

Freeway Improvements, Contact: 

George Poirier 608–829–7500 Under 

MAP–21 Section 1319, FHWA has 

issued a single FEIS and ROD. 

Therefore, the 30-day wait/review 

period under NEPA does not apply to 

this action. 

EIS No. 20140349, Final EIS, FHWA, 

MN, Trunk Highway 41 Minnesota 

River Crossing Tier I, Review Period 

Ends: 01/12/2015, Contact: Philip 

Forst 651–291–6100. 

EIS No. 20140350, Final EIS, USFS, CO, 

Pawnee National Grassland Oil and 

Gas Leasing Analysis, Review Period 

Ends: 01/20/2015, Contact: Karen 

Roth 970–295–6621. 

EIS No. 20140351, Final EIS, NPS, MO, 

Ozark National Scenic Riverways 

General Management Plan, Review 

Period Ends: 01/12/2015, Contact: Bill 

Black 573–323–4852. 

EIS No. 20140352, Draft EIS, USFS, NV, 

Bordertown to California 120kV 

Transmission Line, Comment Period 

Ends: 01/26/2015, Contact: Marnie 

Bonesteel 775–352–1240. 

EIS No. 20140353, Final EIS, NRC, MS, 

GENERIC—License Renewal of 

Nuclear Plants, Supplement 50, 

Regarding Grand Gulf Nuclear 

Station, Unit 1, Review Period Ends: 

01/12/2015, Contact: David Drucker 

301–415–6223. 

EIS No. 20140354, Draft EIS, USACE, 

FL, South Central Palm Beach Island 

Comprehensive Shoreline 

Stabilization Project, Comment Period 

Ends: 01/26/2015, Contact: Garett 

Lips 561–674–2421. 

EIS No. 20140355, Draft Supplement, 

FAA, UT, Cal Black Memorial 

Airport, Comment Period Ends: 01/

26/2015, Contact: Janell Barrilleaux 

425–227–2611. 

EIS No. 20140356, Draft EIS, USCG, 

MARAD, NY, Port Ambrose Project 

Deepwater Port Application, 

Comment Period Ends: 02/10/2015, 

Contact: Roddy C. Bachman 202–372– 

1451 The U.S. Coast Guard and the 

U.S. Department of Transportation’s 

Maritime Administration are joint 

lead agencies for the above project. 

EIS No. 20140357, Final EIS, APHIS, 00, 

Monsanto Petitions (10–188–01p and 

12–185–01p) for Determinations of 

Nonregulated Status for DicambaResistant Soybean and Cotton 

Varieties, Review Period Ends: 01/12/ 

2015, Contact: Sid Abel 301–851– 

3896. 

Amended Notices 

EIS No. 20140328, Draft Supplement, 

USFS, NM, North Fork Wells of Eagle 

Creek, Comment Period Ends: 

01/13/2015, Contact: David M. 

Warnack 575–257–4095. 

Revision to FR Notice Published 

11/14/2014; Extending Comment Period 

from 12/29/2014 to 01/13/2015 

Dated: December 9, 2014. 

Dawn Roberts, 

Management Analyst, NEPA Compliance 

Division, Office of Federal Activities. 

[FR Doc. 2014–29196 Filed 12–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Meetings 

AGENCY: Federal Election Commission. 

DATE AND TIME: Wednesday, December 

17, 2014 at 10:00 a.m. 

PLACE: 999 E Street NW., Washington, 

DC (Ninth Floor). 

STATUS: This meeting will be open to the 

public. 

ITEMS TO BE DISCUSSED: 

2015 Meeting Dates 

Election of Officers 

Remarks by Chairman Goodman 

Management and Administrative 

Matters 

Individuals who plan to attend and 

require special assistance, such as sign 

language interpretation or other 

reasonable accommodations, should 

contact Shawn Woodhead Werth, 

Secretary and Clerk, at (202)694–1040, 

at least 72 hours prior to the meeting 

date. 

PERSON TO CONTACT FOR INFORMATION: 

Judith Ingram, Press Officer, Telephone: 

(202) 694–1220. 

Shawn Woodhead Werth, 

Secretary and Clerk of the Commission. 

[FR Doc. 2014–29297 Filed 12–10–14; 4:15 pm] 

BILLING CODE 6715–01–P 

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