80 FR 61187 - Notice of Availability of Supplemental Information Report for Berryessa Creek Element, Coyote and Berryessa Creek, Flood Control Project, Santa Clara County, CA
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 80, Issue 196 (October 9, 2015)
Department of the Army, Corps of Engineers
Federal Register Volume 80, Issue 196 (October 9, 2015)
| Page Range | 61187-61188 | |
| FR Document | 2015-25859 |
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)] [Notices] [Pages 61187-61188] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25859] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, U.S. Army Corps of Engineers Notice of Availability of Supplemental Information Report for Berryessa Creek Element, Coyote and Berryessa Creek, Flood Control Project, Santa Clara County, CA AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD. ACTION: Public notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps) has prepared a Supplemental Information Report (SIR) to provide an update to the General Re-evaluation Report/Environmental Impact Statement (GRR/EIS) for the Berryessa Creek Element of the Coyote and Berryessa Creek, California, Flood Control Project (Project), that the Corps may be invoking the Clean Water Act (CWA) Sec. 404(r) exemption. The Project initially sought to obtain a water quality certification from the Regional Water Quality Control Board, San Francisco Region (RWQCB) pursuant to the CWA Sec. 401(a) (401 Certification). During the course of extensive coordination over the last six months, the RWQCB has stated that it may be unable or unwilling to issue a 401 Certification for the Project. Therefore, in an effort to preserve the ability to improve flood risk management in this area without excessive delay, the Corps may invoke 404(r) exemption in lieu of obtaining a 401 Certification from the RWQCB. FOR FURTHER INFORMATION CONTACT: Amanda Cruz, U.S. Army Corps of Engineers, San Francisco District, Plan Formulation Section, 1455 Market Street, 17th Floor, San Francisco, CA 94103-1398, (415) 503- 6955, [email protected]. SUPPLEMENTARY INFORMATION: The March 2014 Final GRR/EIS of the Project, and its accompanying CWA Sec. 404(b)(1) alternatives analysis, recommended the proposed design of a earthen trapezoidal channel section with varying bottom width and 2H:1V side slopes that provides protection against the one-percent annual chance exceedance flood event from I-680 in San Jose to Calaveras Boulevard in Milpitas (hereinafter ``Project''). These environmental analyses determined the Project to be the National Economic Development Plan (NED), the National Environmental Policy Act (NEPA) environmentally preferable alternative, the California Environmental Quality Act (CEQA) Sec. 15126.6(e)(2) environmentally superior alternative, and the CWA Sec. 404 Least Environmental Damaging Practicable Alternative (LEDPA). The Corps' Director of Civil Works signed the Record of Decision (ROD) on May 29, 2014. With the goal of promoting partnership, it has been the Corps' position to obtain 401 Certification for all its projects, regardless of the availability of 404(r) exemption. However, if the RWQCB is unable or unwilling to provide such a certification then the Corps will initiate 404(r) exemption procedures and acknowledge this in the appropriate NEPA document, which has been determined to be an SIR. Section 404(r) creates an exemption from the water quality certification requirement under Section 401(a) for projects (1) specifically authorized by Congress for which (2) an environmental impact statement has been created that (3) includes consideration of the 404(b)(1) guidelines, which (4) has been transmitted to Congress prior to the appropriation of construction funds. Congress authorized construction of the Project in the Water Resources Development Act of 1990, Public Law 101-640, Sec. 101(a)(5), 103 Stat. 4604 (1990) and as stated above, the Corps completed the GRR/EIS in March 2014. The 404(b)(1) Alternatives Analysis was included in the GRR/EIS as Appendix A: Part V. With the completion of this SIR, the Corps will officially transmit the updated GRR/EIS to Congress prior to the appropriation of construction funding. Once done, the Corps will have met all the requirements to utilize 404(r) exemption. The Corps is confident that the Project is fully conforming to all Federal and State laws, regulations, and requirements. In the absence of RWQCB issuing a 401 Certification, the Corps may use 404(r) exemption. In light of the fact that the Project meets all requirements of 404(r) exemption without any modifications, there are no substantial changes or new significant circumstances or information that would trigger the need for a supplement [[Page 61188]] to the GRR/EIS, as defined in section 1502.9(c) of the CEQ Regulations. John C. Morrow, Lieutenant Colonel, U.S. Army, District Engineer. [FR Doc. 2015-25859 Filed 10-8-15; 8:45 am] BILLING CODE 3720-58-P
![Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices 61187
Needs and Uses: Executive Order Dated: October 5, 2015. Project to be the National Economic
12829, ‘‘National Industrial Security Aaron Siegel, Development Plan (NED), the National
Program’’ requires the Department of Alternate OSD Federal Register Liaison Environmental Policy Act (NEPA)
Defense to account each year for the Officer, Department of Defense. environmentally preferable alternative,
costs associated with implementation of [FR Doc. 2015–25797 Filed 10–8–15; 8:45 am] the California Environmental Quality
the National Industrial Security Program BILLING CODE 5001–06–P Act (CEQA) § 15126.6(e)(2)
and report those costs to the Director of environmentally superior alternative,
the Information Security Oversight and the CWA § 404 Least Environmental
Office (ISOO). In furtherance of this DEPARTMENT OF DEFENSE Damaging Practicable Alternative
requirement, and pursuant with 32 CFR, (LEDPA). The Corps’ Director of Civil
Department of the Army, U.S. Army
Subpart F, section 2001.61(b); Classified Works signed the Record of Decision
Corps of Engineers
National Security Information; Final (ROD) on May 29, 2014.
Rule, the Secretary of Defense, acting as Notice of Availability of Supplemental With the goal of promoting
executive agent for NISP, is obligated to Information Report for Berryessa partnership, it has been the Corps’
collect cost estimates for classification- Creek Element, Coyote and Berryessa position to obtain 401 Certification for
related activities of contractors, Creek, Flood Control Project, Santa all its projects, regardless of the
licensees, certificate holders, and Clara County, CA availability of 404(r) exemption.
grantees and report them to ISOO
AGENCY: Department of the Army, U.S. However, if the RWQCB is unable or
annually. The cost collection
Army Corps of Engineers, DOD. unwilling to provide such a certification
methodology employed since 1996 was
ACTION: Public notice. then the Corps will initiate 404(r)
validated with the ISOO in December
exemption procedures and acknowledge
2007. Participation in the survey is SUMMARY: The U.S. Army Corps of this in the appropriate NEPA document,
strictly voluntary. Input is integrated Engineers (Corps) has prepared a which has been determined to be an
into total cost figure for the President Supplemental Information Report (SIR) SIR.
and is never associated with a specific to provide an update to the General Re-
facility. evaluation Report/Environmental Section 404(r) creates an exemption
Impact Statement (GRR/EIS) for the from the water quality certification
Affected Public: A statistical sample
Berryessa Creek Element of the Coyote requirement under Section 401(a) for
of active and cleared businesses, or
and Berryessa Creek, California, Flood projects (1) specifically authorized by
other profit and non-profit organizations
Control Project (Project), that the Corps Congress for which (2) an
under Department of Defense Security
Cognizance, approved for storage of may be invoking the Clean Water Act environmental impact statement has
classified materials. (CWA) § 404(r) exemption. The Project been created that (3) includes
initially sought to obtain a water quality consideration of the 404(b)(1)
Annual Burden Hours: 125 hours. certification from the Regional Water guidelines, which (4) has been
Number of Respondents: 749. Quality Control Board, San Francisco transmitted to Congress prior to the
Responses per Respondent: 1. Region (RWQCB) pursuant to the CWA appropriation of construction funds.
§ 401(a) (401 Certification). During the Congress authorized construction of the
Annual Responses: 749. course of extensive coordination over Project in the Water Resources
Average Burden per Response: 10 the last six months, the RWQCB has Development Act of 1990, Public Law
minutes. stated that it may be unable or unwilling 101–640, § 101(a)(5), 103 Stat. 4604
Frequency: Annually. to issue a 401 Certification for the (1990) and as stated above, the Corps
Project. Therefore, in an effort to completed the GRR/EIS in March 2014.
Collection of this data is required to
preserve the ability to improve flood The 404(b)(1) Alternatives Analysis was
comply with the reporting requirements risk management in this area without
of Executive Order 12829, ‘‘National included in the GRR/EIS as Appendix
excessive delay, the Corps may invoke A: Part V. With the completion of this
Industrial Security Program.’’ This 404(r) exemption in lieu of obtaining a
collection of information requests the SIR, the Corps will officially transmit
401 Certification from the RWQCB. the updated GRR/EIS to Congress prior
assistance of the Facility Security FOR FURTHER INFORMATION CONTACT:
Officer to provide estimates of annual to the appropriation of construction
Amanda Cruz, U.S. Army Corps of funding. Once done, the Corps will have
security labor cost in burdened, current Engineers, San Francisco District, Plan
year dollars and the estimated met all the requirements to utilize 404(r)
Formulation Section, 1455 Market
percentage of security labor dollars to exemption.
Street, 17th Floor, San Francisco, CA
the total security costs for the facility. 94103–1398, (415) 503–6955, The Corps is confident that the Project
Security labor is defined as personnel Amanda.b.cruz@usace.army.mil. is fully conforming to all Federal and
whose positions exist to support SUPPLEMENTARY INFORMATION: The State laws, regulations, and
operations and staff in the March 2014 Final GRR/EIS of the requirements. In the absence of RWQCB
implementation of government security Project, and its accompanying CWA issuing a 401 Certification, the Corps
requirements for the protection of § 404(b)(1) alternatives analysis, may use 404(r) exemption. In light of
classified information. Guards who are recommended the proposed design of a the fact that the Project meets all
required as supplemental controls are earthen trapezoidal channel section requirements of 404(r) exemption
included in security labor. This data
tkelley on DSK3SPTVN1PROD with NOTICES
with varying bottom width and 2H:1V without any modifications, there are no
will be incorporated into a report side slopes that provides protection substantial changes or new significant
produced to ISOO for the estimated cost against the one-percent annual chance circumstances or information that
of securing classified information exceedance flood event from I–680 in would trigger the need for a supplement
within industry. The survey will be San Jose to Calaveras Boulevard in
distributed electronically via a Web- Milpitas (hereinafter ‘‘Project’’). These
based commercial survey tool. environmental analyses determined the
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![61188 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices
to the GRR/EIS, as defined in section Missions/RegulatoryProgram/Nebraska/ Commission and Nebraska Department
1502.9(c) of the CEQ Regulations. EISHighway12.aspx. of Environmental Quality are
FOR FURTHER INFORMATION CONTACT: participating as review agencies. Copies
John C. Morrow,
Rebecca J. Latka, Project Manager, U.S. of the document are available at the
Lieutenant Colonel, U.S. Army, District following addresses:
Engineer. Army Corps of Engineers, at 402–995–
[FR Doc. 2015–25859 Filed 10–8–15; 8:45 am] 2681; fax 402–996–3842. 1. Niobrara Public Library/Niobrara Civic
SUPPLEMENTARY INFORMATION: The Center, 25414 Park Avenue Ste 3,
BILLING CODE 3720–58–P
purpose of the Draft EIS is to provide a Niobrara, NE 68760–0015
2. Tyndall City Library, 110 W 17th Avenue,
full and fair discussion of the Applied- Tyndall, SD 57066
DEPARTMENT OF DEFENSE for Project and other reasonable 3. Verdel City Office, 202 Second St., Verdel,
alternatives to inform decision makers NE 68760
Department of the Army, Corps of and the public of the environmental 4. Verdigre City Public Library, 101 E 3rd
Engineers impacts of the Applied-for Project and Street, Verdigre, NE 68783
the reasonable alternatives. NDOR has 5. Springfield City Library, 605 8th Street,
Notice of Availability of the Draft submitted a Section 404 (Clean Water Springfield, SD 57062
Environmental Impact Statement for Act) permit application containing a 6. Knox County Extension Office, 308 Bridge
the Nebraska Highway 12 Niobrara Street, Center, NE 68724
roadway design for Alternative A7 (the 7. U.S. Army Corps of Engineers, Lewis and
East and West Project, Knox County, Applied-for Project) to the U.S. Army Clark Visitor Center, 55245 Hwy 121,
NE Corps of Engineers (Corps). NDOR Croften, NE 68730
proposes to relocate N–12 east and west 8. U.S. Army Corps of Engineers, Nebraska
AGENCY: U.S. Army Corps of Engineers,
of Niobrara, NE., south of its existing Regulatory Office, Lake Wehrspann Field
DoD. Office, 8901 S. 154th Street, Omaha, NE
location and construct a new roadway at
ACTION: Notice of availability. a higher elevation with enhanced 68138–3621
bridged sections to withstand existing 9. Corps of Discovery Welcome Center, 89705
SUMMARY: The U.S. Army Corps of Highway 81, Crofton, NE 68730
and future flood events. The segment of
Engineers (Corps), Omaha District, has Dated: September 30, 2015.
N–12 that is in the bluffs, including the
prepared a Draft Environmental Impact Joseph McMahan,
segment that goes through the Village of
Statement (EIS) to analyze the direct,
Niobrara, will remain the same. Two Chief Regulatory Field Support, Omaha
indirect and cumulative effects of a District.
segments of N–12 within the existing
proposed Nebraska State Highway
Missouri River floodplain would be [FR Doc. 2015–25845 Filed 10–8–15; 8:45 am]
project, Nebraska Highway 12 Niobrara
relocated. The west segment is BILLING CODE 3720–58–P
East and West Project by the Nebraska
approximately 6.2 miles long and
Department of Roads (NDOR). The
extends from just east of Verdel,
Applied-for Project is the relocation and DEPARTMENT OF DEFENSE
Nebraska, on the west end to 2 miles
elevation (including additional bridges)
west of the bridge over the Niobrara
of two segments of existing Nebraska Department of the Army, Corps of
River. The Applied-for Project would
Highway 12 (N–12) that are frequently Engineers
deviate from the existing alignment just
flooded and have incurred damage due
east of Ponca Creek and would rejoin
to high water levels associated with the Notice of Intent To Prepare an
the existing alignment just north of
Missouri River. Integrated Feasibility Report & Draft
County Road 892. The east segment is
DATES: Written comments on the Draft Environmental Impact Statement for
approximately 6 miles long and extends
EIS will be accepted on or after October the Yuba River, California, Ecosystem
from just east of Spruce Avenue in
9, 2015, through November 23, 2015. Restoration Feasibility Study
Niobrara, NE., to approximately 1 mile
Oral and/or written comments may also east of Spur 54D (S–54D). In the east AGENCY: Department of the Army, U.S.
be presented at the Public Hearing to be segment, the alignment would deviate Army Corps of Engineers; DOD.
held at 6:00 p.m. on Monday, November from the existing alignment east of 4th ACTION: Notice of intent.
9, 2015, at the Niobrara Secondary Avenue in Niobrara, NE., and would
School, located at 247 NE–12, Niobrara, reconnect with existing N–12 at SUMMARY: The U.S. Army Corps of
NE 68760. approximately S–54D. A new Engineers, Sacramento District (Corps),
ADDRESSES: Send written comments connection to the Chief Standing Bear intends to prepare an integrated
regarding the Applied-for Project and Memorial Bridge (N–14) and SD–37 Feasibility Report & Draft
Draft EIS to Rebecca J. Latka, Project would be developed, tying into the Environmental Impact Statement (DEIS)
Manager, U.S. Army Corps of Engineers, existing Highway 14 connection (which for the Yuba River Ecosystem
Omaha District, Regulatory Branch, will be elevated as part of the project). Restoration Feasibility Study. The Corps
1616 Capitol Avenue, Omaha, NE Once the roads are completed, the will serve as the lead agency for
68102–4901, or via email at existing N–12 roadway would be compliance with the National
Rebecca.J.Latka@usace.army.mil. removed to the existing ground level. In Environmental Policy Act. The Yuba
Requests to be placed on or removed addition to the Applied-for Project, the County Water Agency (YCWA) will
from the mailing list should also be sent Draft EIS analyzes three alternatives: (1) serve as the non-federal sponsor. The
to this address. Elevation Raise on Existing Alignment, feasibility study is evaluating
Copies of the Draft EIS will be (2) Elevation Raise on Parallel opportunities for ecosystem restoration
in the Yuba River watershed, located in
tkelley on DSK3SPTVN1PROD with NOTICES
available for review at the addresses Alignment, (3) Base of Bluffs Alignment.
listed in the SUPPLEMENTARY The National Park Service, U.S. portions of Sierra, Placer, Yuba, and
INFORMATION section. Environmental Protection Agency, U.S. Nevada counties.
Electronic copies of the Draft EIS may Fish and Wildlife Service, Federal DATES: Written comments should be
be obtained from the Nebraska Highway Administration, and Knox submitted by November 9, 2015.
Regulatory Office or its Web site at County are serving as cooperating ADDRESSES: Written comments should
http://www.nwo.usace.army.mil/ agencies. The Nebraska Game and Parks be sent to U.S. Army Corps of Engineers,
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Document Created: 2015-12-15 08:34:25
Document Modified: 2015-12-15 08:34:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Public notice. | |
| Contact | Amanda Cruz, U.S. Army Corps of Engineers, San Francisco District, Plan Formulation Section, 1455 Market Street, 17th Floor, San Francisco, CA 94103-1398, (415) 503- 6955, [email protected] | |
| FR Citation | 80 FR 61187 |
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