[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17525-17526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1741]



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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Intent To Prepare a Draft Environmental Impact Statement (DEIS) 
for the Construction of Western Wake Regional Wastewater Management 
Facilities, Regional Wastewater Pumping, Conveyance, Treatment, and 
Discharge Facilities To Serve the Towns of Apex, Cary, Holly Springs 
and Morrisville, as well as the Wake County Portion of Research 
Triangle Park (Service Area), NC

AGENCY: Department of the Army, U.S. Army Corps of the Engineers, DoD.

ACTION: Notice of intent.

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SUMMARY: The U.S. Army Corps of Engineers (COE), Wilmington District, 
Wilmington Regulatory Division has received a request for Department of 
the Army authorization, pursuant to Section 404 of the Clean Water Act, 
from Western Wake Partners to construct Western Wake Regional 
Wastewater Management Facilities. This project will be a regional 
wastewater pumping, conveyance, treatment, and discharge project to 
serve the Towns of Apex, Cary, Holly Springs and Morrisville, as well 
as the Wake County portion of Research Triangle Park (service area), 
NC.
    The project is being proposed by the Western Wake Partners to 
provide wastewater service for planned growth and development in the 
project service area and to comply with two regulatory mandates. One 
regulatory mandate has been issued by the North Carolina Environmental 
Management Commission (EMC), and the second regulatory mandate has been 
issued by the North Carolina Department of Environment and Natural 
Resources (NC DENR). In accordance with the two regulatory mandates, 
the proposed Project must be operational and discharging effluent to 
the Cape Fear River Basin by January 1, 2011.

DATES: A public scoping meeting for the DEIS will be held at 6 p.m. at 
the Town of Apex Town Hall, April 19, 2007. Written comments will be 
received until April 30, 2007.

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. ATTN: File Number SAW-200520159-1, P.O. 
Box 1890, Wilmington, NC 28402-1890.

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 
and DEIS can be directed to Mr. Henry Wicker, Regulatory Division, 
telephone: (910) 251-4930.

SUPPLEMENTARY INFORMATION: The proposed project consists of regional 
wastewater pumping, conveyance, treatment, and discharge facilities to 
serve the Towns of Apex, Cary, Holly Springs and Morrisville, as well 
as the Wake County portion of Research Triangle Park (service area), 
NC. The purpose of the project is to provide wastewater service for 
planned growth and development in the project service area and to 
comply with two regulatory mandates. One regulatory mandate has been 
issued by the North Carolina Environmental Management Commission (EMC), 
and the second regulatory mandate has been issued by the North Carolina 
Department of Environment and Natural Resources (NC DENR). In 
accordance with the two regulatory mandates, the proposed Project must 
be operational and discharging effluent to the Cape January 1, 2011.
    Regulatory Mandate No. 1--Interbasin Transfer: The Towns of Apex, 
Cary, and Morrisville, as well as Research Triangle Park (RTP) South, 
obtain their drinking water from Jordan Lake in the Cape Fear River 
Basis and discharge treated effluent to locations in the Neuse River 
Basin. Obtaining water from one basin and discharging it to another 
river basin is referred to as an interbasin transfer (IBT), which 
requires a permit from the EMC. In July 2001, the EMC granted the Towns 
of Apex, Cary, and Morrisville, as well as Wake County (on behalf of 
RTP South), an IBT certificate to withdraw water from the Cape Fear 
River Basin and discharge the water to the Neuse River Basin. However, 
as a condition of approval, the IBT certificate issued by the EMC 
requires the local governments to return reclaimed water to the Cape 
Fear River Basin by January 1, 2011. As a result, the local governments 
have initiated activities to plan, permit, design, and construct 
wastewater transmission, treatment, and disposal facilities in order to 
comply with the terms and conditions of the IBT certificate issued by 
the EMC. The facilities that will be described and evaluated in the 
environmental impact statement (DEIS) are needed to comply with the IBT 
certificate terms and conditions.
    Regulatory Mandate No. 2--Nutrient Enrichment for Harris Lake: The 
Town of Holly Springs currently has a wastewater treatment plant (WWTP) 
that discharges to Utley Creek, which is a tributary to Harris Lake in 
the Cape Fear River Basin. Representatives from NCDENR have directed 
the Town of Holly Springs to remove the Town's wastewater discharge 
from Utley Creek due to nutrient enrichment issues in Utley Creek and 
downstream in Harris Lake. In addition, NCDENR has encouraged Holly 
Springs to participate with Apex, Cary and Morrisville on a regional 
wastewater management program that will allow Holly Springs to remove 
the Town's discharge from Utley Creek by January 1, 2011. Thus, Holly 
Springs is participating with Apex, Cary and Morrisville in the 
planning, permitting, design and construction of regional effluent 
disposal facilities in order to comply with the mandate issued by 
NCDENR to remove its discharge from Utley Creek. The regional effluent 
disposal facilities that will be described and evaluated in the DEIS 
are needed to comply with the NCDENR mandate.
    The proposed project will need to be reviewed to address a number 
of issues which includes an alternative analyses, direct environmental 
impacts, secondary and cumulative environmental impacts, environmental 
justice concerns, endangered species, and potential project costs.
    Alternative Analysis: The purpose of the alternative analyses is to 
present a discussion of the environmental impacts associated with a 
reasonable number of alternatives. The proposed Project and a 
reasonable number of alternatives will be evaluated and compared in the 
DEIS. The factors to be considered will be similar for each of the 
alternatives. Impacts are expected to differ primarily in the degree to 
which specific factors may be affected.
    The alternative analysis will evaluate alternative wastewater 
management options. Presently eight wastewater management options have 
been identified to be evaluated in the DEIS. These eight wastewater 
management alternatives include the following:
    (1) No Action;
    (2) Regional System with Cape Fear River Discharge;
    (3) Regional System with Jordan Lake Discharge;
    (4) Independent Systems;
    (5) Purchasing Capacity from Other Systems;
    (6) Optimum Operation of Existing Facilities;
    (7) Regional Land Application System;
    (8) Water Reuse System.
    Alternative Discharge Locations: Four alternative discharge 
locations have been identified to be evaluated in the DEIS. These four 
alternative discharge locations include the following:
    (1) Cape Fear River below Buckhorn Dam;

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    (2) New Hope Arm of Jordan Lake (above Jordan Lake Dam and below US 
64);
    (3) Cape Fear River/Haw River above Buckhorn Dam;
    (4) Harris Lake/Utley Creek.
    Alternative Water Reclamation Facility Sites: Preliminary 
investigations identified 30 potential locations for the Water 
Reclamation Facility (WRF). The DEIS will analyze all 30 potential 
locations to identify the impacts and use the information to make an 
appropriate site selection.
    Alternative Raw Wastewater Pumping and Conveyance; Alternative raw 
wastewater pump station sites and force main routes will be evaluated 
in the DEIS for the preferred WRF site and discharge location.
    Alternative Effluent Pumping and Conveyance: The effluent pump 
station will be located at the WRF site; therefore, selection of an 
effluent pump station site is inherent in the WRF site selection 
process. Alternative effluent force main routes will be evaluated in 
the DEIS for the preferred WRF site and discharge location.
    Alternative Outfall Configurations at Cape Fear River: The DEIS 
will include evaluation of two configuration for the outfall structure. 
The alternatives to be evaluated include (a) bank discharge structure, 
and (b) instream diffuser.
    Direct Environmental Impacts: The DEIS will identify and discuss 
the direct impacts of the proposed Project and feasible alternatives on 
topography, floodplains, soils, land use, wetlands, prime farmlands, 
public lands, historic and archaeological resources, air quality, 
noise, water resources, forest resources, shellfish and fish, wildlife 
and natural vegetation, the introduction of toxic substances, shore 
erosion and accretion, energy needs, safety, food and fiber production, 
mineral needs, and property ownership. Geographic Information System 
(GIS) data and mapping will be used to evaluate direct environmental 
impacts of the proposed Project and alternatives.
    Secondary and Cumulative Environmental Impacts: The Western Wake 
Partners have developed Secondary and Cumulative Impacts Master 
Mitigation Plans to address secondary and cumulative impacts that are 
expected to result from the Western Wake Regional Wastewater Management 
Facilities project as well as other infrastructure projects that will 
be implemented in the Partners' jurisdictions in the future. Additional 
secondary and cumulative impacts will be addressed in the DEIS as 
recommended by the United States Army Corps of Engineers (USACE). GIS 
data and mapping will be used to evaluate and quantify secondary and 
cumulative impacts of the proposed Project to stream and wetland 
resources.
    Environmental Justice: In accordance with Executive Order 12898, 
the DEIS will include an evaluation of the proposed Project's impact on 
minority and low-income populations. US Census Bureau data and GIS 
mapping will be used to determine the existence of all minority and 
low-income populations in the Projects service area and in the affected 
area for the preferred WRF site.
    Endangered Species: A biological assessment will be included as an 
appendix to the document for the preferred alternative in accordance 
with the Endangered Species Act.
    Project Costs: Project costs will be evaluated based on a 20 year 
present-worth costs and Phase 1 capital costs. 20-year present-worth 
costs allow for a direct comparison of long-term cost-effectiveness, 
and Phase 1 capital costs allow for a direct comparison of short-term 
capital requirements which have an immediate impact on sewer rates, 
fees, and charges. Mitigation costs for direct impacts to streams and 
wetlands will be estimated based on the Ecosystem Enhancement Program's 
schedule of fees.
    NEPA/SEPA Preparation and Permitting: Because the proposed Western 
Wake Regional Wastewater Management Facilities 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 Document will be 
prepared. The US Army Corps of Engineers will serve as the lead agency 
for the Federal process.
    Based on the size and complexity of the proposed Project, the 
applicant has been encouraged by US Army Corps of Engineers and NCDENR 
staff to identify and address the environmental impacts of the proposed 
Project through the DEIS process. Within the DEIS, the applicant will 
conduct a thorough environmental review, including an evaluation of 
reasonable, feasible, and financially responsible alternatives. After 
review of the DEIS and final EIS, a Record of Decision (ROD) will be 
issued for the EIS document. The ROD will document the completion of 
the EIS and serve as a basis for further permitting decisions by 
federal and state agencies.
    Scoping Process: A public scoping meeting (see DATES) will be held 
to receive public comment and assess public concerns regarding the 
appropriate scope and preparation of the DEIS. Participation in the 
public meeting by federal, state, and local agencies and other 
interested organizations and persons is encouraged. The Corps will also 
be consulting with the U.S. Fish and Wildlife Service under the 
Endangered Species Act and the Fish and Wildlife coordination Act. 
Additionally, the DEIS will assess the potential water quality impacts 
pursuant to Section 401 of the Clean Water Act. The corps will work 
closely with the NC DENR to ensure the process complies with all State 
Environmental Policy Act (SEPA) requirements. It is the Corps and 
NCDENR's intentions to consolidate both NEPA and SEPA processes to 
eliminate duplications.
    Availability of the DEIS: The DEIS is expected to be published and 
circulated sometime in early 2008, and a public hearing will be held 
after the publication of the DEIS.

Patrick E. Tilque,
LTC U.S. Army, Deputy District Commander.
[FR Doc. 07-1741 Filed 4-6-07; 8:45 am]
BILLING CODE 3710-GN-M