[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Notices]
[Pages 16188-16190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8084]


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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 
<greek-i>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:
    <bullet> Meetings with Federal and State regulatory and resource 
agencies (2005 to present).
    <bullet> DA application and Draft Environmental Impact Statement 
(2006).
    <bullet> 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).
    <bullet> Public Notice (2006).
    <bullet> Federal Project Comparison (2007).
    <bullet> SEPA (2007).
    <bullet> Biological Opinion/USFWS (2008).
    <bullet> EFH Assessment/NMFS (2008).
    <bullet> 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]
BILLING CODE 3720-58-P