Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices 50987 

cannot guarantee that we will be able to 

do so. 

Edward W. Shepard, 

State Director, Oregon/Washington BLM. 

[FR Doc. E9–23678 Filed 10–1–09; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Mall and Memorial Parks, 

Washington, DC; Notice of Availability 

of a Finding of No Significant Impact 

for the Proposed West Potomac Park 

Levee Project 

AGENCY: Department of the Interior, 

National Park Service. 

ACTION: Notice of Availability of a 

Finding of No Significant Impact. 

SUMMARY: Pursuant to the National 

Environmental Policy Act (NEPA) and 

National Park Service (NPS) NEPA 

guidelines, NPS prepared and, from 

January 30 to March 2, 2009, made 

available for a 30-day public review an 

Environmental Assessment (EA) 

evaluating the potential impacts of 

proposed improvements to the existing 

West Potomac Park Levee System which 

extends from 23rd Street, NW., to the 

grounds of the Washington Monument 

in Washington, DC. The goal of this 

project is to improve the reliability of 

the existing levee in order to meet the 

current post-Hurricane Katrina 

standards for flood protection as 

required by the U.S. Army Corps of 

Engineers (USACE) and the Federal 

Emergency Management Agency 

(FEMA). The existing levee protects 

much of the monumental core and large 

portions of downtown Washington, DC. 

After the end of the 30-day public 

review period, the NPS selected for 

implementation, the preferred 

alternative as described in the EA, and 

determined it will not have a significant 

impact on the quality of the human 

environment and that an Environmental 

Impact Statement is not required. In 

making that selection and 

determination, the NPS considered the 

information and analysis contained in 

the EA and the comments received 

during the public review period. The 

NPS has accordingly prepared a Finding 

of No Significant Impact (FONSI) for the 

proposed West Potomac Park Levee 

Project. The FONSI is also accompanied 

by an errata sheet that corrected some 

minor inaccuracies and updated some 

information. The errata did not result in 

any changes in the overall findings of 

the EA and had no bearing on its 

determination of no significant impact. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Doug Jacobs, Deputy Associate Regional 

Director for Lands, Resources and 

Planning, National Capital Region, 

National Park Service, 1100 Ohio Drive, 

SW., Washington, DC 20242, by 

telephone at (202) 619–7025 or by email at doug_jacobs@nps.gov. 

SUPPLEMENTARY INFORMATION: Since the 

Potomac Park levee was constructed in 

the late 1930’s, the levee system has 

relied upon a temporary earthen closure 

being built across 17th Street in the 

event of a flood emergency. Based on 

new policies since Hurricane Katrina 

(33 CFR 208.10), the USACE has 

deemed the temporary 17th Street 

closure unreliable and consequently 

gave the levee an unacceptable 

inspection rating. For this reason, 

FEMA’s most recently proposed 100- 

year floodplain map for this area reflects 

a 100-year flood event as if the 

currently-designed 17th Street closure 

did not exist (44 CFR part 67, 72 FR 

54631–54635). This new mapping 

would place portions of southeast and 

downtown Washington, DC, including 

the monumental core, within the 100- 

year flood insurance rate zone. The 

placement would require additional 

flood insurance and/or costly upgrades 

to comply with building standards for 

those facilities that would fall within 

the new 100-year floodplain. In 

addition, a number of projects that are 

currently in development on the 

National Mall would need to be revised 

and could be delayed in order to comply 

with these building codes. At the 

District of Columbia’s request, FEMA 

agreed to delay issuance of the new 

floodplain map until November, 2009, 

in order to allow the District and the 

NPS time to design and implement a 

solution that will reliably stop a 100- 

year flood at 17th Street, NW., and 

therefore make re-mapping unnecessary. 

In addition, the USACE requested that 

the solution be designed in such a 

manner as to allow for easy 

modification to meet the higher level of 

protection authorized by Congress in 

1936 but never funded. The 

congressionally authorized level of 

protection is roughly equivalent to a 

187-year storm. The District and NPS 

agreed that any improvements to the 

levee should be consistent with the 

current authorization so that the 

congressionally authorized level of 

protection can ultimately be achieved 

once funding is appropriated. 

The EA evaluated five alternatives, all 

of which incorporate a permanent 

structure from Overlook Terrace in 

Constitution Gardens to the west side of 

17th Street and another permanent 

structure on the east side of 17th Street 

which extends into the natural rise of 

the Washington Monument Grounds. 

The intervening space across 17th Street 

will have footings designed to receive a 

temporary post and panel closure 

system that would be deployed only 

during a major flood event. The 

permanent structures on either side of 

17th Street will be a combination of 

earthen berms and concrete walls/ 

embankments which will be clad in 

stone during a subsequent phase of the 

project. Since full funding for the entire 

project was not certain, all of the 

alternatives in this EA are presented in 

a phased approach. 

The NPS identified Alternative 1B as 

its Preferred Alternative and has 

selected it for implementation. During 

the completion of this EA, it became 

apparent that considerable costs and 

time of construction and, therefore, time 

of disturbance to the National Mall and 

visitors, could be avoided if the levee at 

17th Street was constructed to the 

higher level of protection initially, if 

funding would be available. Under 

Phase 1 of the alternative, a levee 

closure structure will be constructed at 

17th Street, approximately 253 feet 

south of the centerline of Constitution 

Avenue, NW. The closure structure will 

consist of two symmetrical curved 

concrete flood walls built to the height 

of the Congressionally-authorized 

solution and set back approximately 23 

feet to the east and west of 17th Street. 

The flood walls will require the regrading of both the northwest corner of 

the Monument Grounds as well as the 

eastern edge of Constitution Gardens 

between the Overlook Terrace and 17th 

Street. Tree planting and final 

landscaping will also be completed as 

the first phase of the project. In the 

second phase of implementation, the 

remaining visible sections of the levee 

wall at 17th Street will be clad in stone 

to match the historic character of the 

adjacent cultural landscapes and 

historic resources. The cladding will 

enhance the aesthetic quality and 

character of the landscape to mitigate 

against adverse effects associated with 

concrete walls. 

Phase Two includes a pedestrian path 

and additional landscaping. 

Improvements to the other parts of the 

Potomac Levee will also occur as part of 

the second phase of implementation 

since the existing conditions at 23rd 

Street, NW. and the Reflecting Pool do 

not meet the Congressionally-authorized 

level of protection. At the southwest 

corner of 23rd Street and Constitution 

Avenue, NW., portions of the site will 

be re-graded and raised by 

approximately one to two feet. Along 


pwalker on DSK8KYBLC1PROD with NOTICES
50988 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices 

the levee that runs parallel to the 

Reflecting Pool, several hundred feet of 

low spots will be filled to bring the 

height of the levee to the 

Congressionally-authorized level of 

protection. 

This alternative will be further 

developed into preliminary and final 

designs which will be subject to 

additional review by the National Park 

Service, the National Capital Planning 

Commission and the Commission of 

Fine Arts. 

The FONSI and other documents 

related to this action are available for 

review on the NPS’s Planning, 

Environment, and Public Comment 

(PEPC) Web site at 

http://parkplanning.nps.gov/ 

projectHome.cfm?parkID=427&

projectId=22260. You may also request 

a hard copy at (202) 619–7025. 

Signed on July 29, 2009. 

Margaret O’dell, 

Regional Director, National Capital Region. 

[FR Doc. E9–23550 Filed 10–1–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCAN00000.L18200000.ZX0000] 

Notice of Public Meeting: Northwest 

California Resource Advisory Council 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Land Policy and Management 

Act of 1976 (FLPMA), and the Federal 

Advisory Committee Act of 1972 

(FACA), the U.S. Department of the 

Interior, Bureau of Land Management 

(BLM) Northwest California Resource 

Advisory Council will meet as indicated 

below. 

DATES: The meeting will be held 

Thursday and Friday, October 29 and 

30, 2009, in Calistoga, CA. On October 

29, the council convenes at 10 a.m. at 

the Calistoga Spa Hot Springs, 1006 

Washington St., and departs for a field 

tour to public land sites managed by the 

BLM Ukiah Field Office. On October 30, 

the council meeting begins at 8 a.m. in 

the Conference Room of the Silver Rose 

Inn, 351 Rosedale Rd. The meeting will 

run until about 3 p.m. Public comments 

will be accepted at 11 a.m. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Haug, BLM Northern California 

District Manager, (530) 221–1743; or 

BLM Public Affairs Officer Joseph J. 

Fontana, (530) 252–5332. 

SUPPLEMENTARY INFORMATION: The 12- 

member council advises the Secretary of 

the Interior, through the BLM, on a 

variety of planning and management 

issues associated with public land 

management in Northwest California. At 

this meeting agenda topics include 

discussion of BLM image and identity 

issues, a status report on public land 

equestrian projects, a status report on 

land use planning, information on the 

Weaverville Community Forest, a status 

report on development of a north coast 

Geotourism Map Guide, access to South 

Cow Mountain, and an update on BLM 

projects under the American 

Reinvestment and Recovery Act 

(ARRA). All meetings are open to the 

public. Members of the public may 

present written comments to the 

council. Each formal council meeting 

will have time allocated for public 

comments. Depending on the number of 

persons wishing to speak, and the time 

available, the time for individual 

comments may be limited. Members of 

the public are welcome on field tours, 

but they must provide their own 

transportation and meals. Individuals 

who plan to attend and need special 

assistance, such as sign language 

interpretation and other reasonable 

accommodations, should contact the 

BLM as provided above. 

Dated: September 24, 2009. 

Joseph J. Fontana, 

Public Affairs Officer. 

[FR Doc. E9–23760 Filed 10–1–09; 8:45 am] 

BILLING CODE 4310–40–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act and the 

Emergency Planning & Community 

Right-To-Know Act 

Notice is hereby given that on 

September 23, 2009, a proposed 

Stipulation of Settlement and Judgment 

in United States v. Midwest Renewable 

Energy, LLC, Civil Action No. 

8:09CV337, was lodged with the United 

States District Court for the District of 

Nebraska. 

In this action, the United States 

sought an injunction ordering the 

defendant to comply with Sections 

112(r) and 113(b) of the Clean Air Act, 

42 U.S.C. 7412(r) and 7413(b), and 

Section 325(c) of the Emergency 

Planning and Community Right-toKnow Act (‘‘EPCRA’’), 42 U.S.C. 

11025(c), and the regulations 

promulgated thereunder. The United 

States also sought civil penalties for the 

past violations of these statutes and 

regulations, arising out of Midwest 

Renewable Energy’s operations at an 

ethanol plant it owns and operates 

Sutherland, Nebraska. Midwest 

Renewable Energy (‘‘MRE’’) began 

production of ethanol at the facility in 

September 2004. In the stipulation, MRE 

certifies that it has remedied each of the 

alleged violations in the complaint and 

agrees to pay a civil penalty of $10,000. 

For thirty (30) days after the date of 

this publication, the Department of 

Justice will receive comments relating to 

the Stipulation of Settlement and 

Judgment. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and either e-mailed 

to pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611. In either case, the 

comments should refer to United States 

v. Midwest Renewable Energy, LLC, 

Civil Action No. 8:09CV337, D.J. Ref. 

No. 90–5–2–1–09275. 

The stipulation may be examined at 

the Office of the United States Attorney, 

District of Nebraska, 1620 Dodge Street, 

Suite 1400, Omaha, Nebraska 68102. 

During the comment period, the 

Stipulation of Settlement and Judgment 

may be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Stipulation of Settlement and Judgment 

may also be obtained by mail from the 

Consent Decree Library, P.O. Box 7611, 

U.S. Department of Justice, Washington, 

DC 20044–7611, or by faxing or emailing a request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$38.00 (25 cents per page reproduction 

cost) payable to the United States 

Treasury or, if by e-mail or fax, forward 

a check in that amount to the Consent 

Decree Library at the stated address. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–23747 Filed 10–1–09; 8:45 am] 

BILLING CODE 4410–15–P 


pwalker on DSK8KYBLC1PROD with NOTICES