81_FR_40465 81 FR 40346 - Final Environmental Impact Statement for the Herring River Restoration Project, Cape Cod National Seashore, Massachusetts

81 FR 40346 - Final Environmental Impact Statement for the Herring River Restoration Project, Cape Cod National Seashore, Massachusetts

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range40346-40347
FR Document2016-14570

The National Park Service (NPS) announces the availability of a Final Environmental Impact Statement (FEIS) for the Herring River Restoration Project in Cape Cod National Seashore, Massachusetts. The FEIS provides a systematic analysis of alternative approaches to restore the Herring River estuary to a more productive and natural condition after a century of diking and draining.

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016)
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40346-40347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14570]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-NER-CACO-21002; PPWONRADE PMP00IE05.YP0000]


Final Environmental Impact Statement for the Herring River 
Restoration Project, Cape Cod National Seashore, Massachusetts

AGENCY: National Park Service, Interior.

ACTION: Notice of Availability.

-----------------------------------------------------------------------

SUMMARY: The National Park Service (NPS) announces the availability of 
a Final Environmental Impact Statement (FEIS) for the Herring River 
Restoration Project in Cape Cod National Seashore, Massachusetts. The 
FEIS provides a systematic analysis of alternative approaches to 
restore the Herring River estuary to a more productive and natural 
condition after a century of diking and draining.

DATES: The NPS will execute a Record of Decision not sooner than 30 
days after the date of publication of the NOA in the Federal Register 
by the Environmental Protection Agency.

ADDRESSES: Electronic versions of the complete document are available 
online at http://www.nps.gov/caco/ and http://parkplanning.nps.gov/herring_river.

FOR FURTHER INFORMATION CONTACT: George E. Price, Jr., Superintendent, 
Cape Cod National Seashore, 99 Marconi Site Road, Wellfleet, MA 02267; 
telephone (508) 771-2144.

SUPPLEMENTARY INFORMATION: The Herring River Restoration Project is a 
joint project of the Cape Cod National Seashore, the Town of Wellfleet, 
the Town of Truro, the Massachusetts Division of Ecological 
Restoration, the U.S. Fish and Wildlife Service, the National Oceanic 
and Atmospheric Administration, and the Natural Resource Conservation 
Service. The purpose of this project is to restore self-sustaining 
coastal habitats on a large portion of the 1,100-acre Herring River 
estuary in Wellfleet and Truro, Massachusetts, where wetland resources 
and natural ecosystem functions have been severely damaged by 100 years 
of tidal restriction and salt marsh drainage. The goal is to balance 
tidal restoration objectives with flood control by allowing the highest 
tide range practicable while also ensuring flood proofing and 
protection of vulnerable properties.
    The Herring River is the largest estuary on outer Cape Cod, 
encompassing more than 1,100 acres of degraded wetlands in a complex 
network of five valleys: The Herring River, Mill Creek, Pole Dike 
Creek, Bound Brook, and Duck Harbor. The Chequessett Neck Road dike was 
built in 1908 at the mouth of the Herring River to restrict natural 
tidal flows. Ditches were constructed to drain the normally saturated 
flood plain soil. The once extensive salt marshes have been transformed 
into stands of invasive plants, shrubby thickets, and forests. The old 
salt marsh peat, deprived of the tides, has decomposed and compressed, 
sinking the surface of the flood plain as much as three feet. The 
decomposition of peat has released sulfuric acid that kills fish and 
other aquatic life, and low summertime dissolved oxygen has also harmed 
aquatic life.
    The FEIS analyzes three action alternatives and the no action 
alternative, as described below:
    Alternative A would leave in place the current tide control 
structure at Chequessett Neck Road and continue management of the 
estuary without restoration.
    Alternative B would employ an adaptive management strategy to 
restore tides in the lower reach of the Herring River up to a maximum 
high tide of approximately six feet. At this tide level flood 
mitigation of sensitive properties can be achieved without a secondary 
dike at Mill Creek.
    Alternative C would employ an adaptive management strategy to 
restore tides up to the maximum Chequessett Neck Road dike capacity (10 
foot vertical tide gate opening) with a new dike at Mill Creek that 
blocks all tidal influence. This alternative would maximize restoration 
in all sub-basins except Mill Creek. Mill Creek would remain 
unrestored, but no new flood proofing measures would be needed in Mill 
Creek.
    Alternative D would employ an adaptive management strategy to 
restore tides up to the maximum Chequessett Neck Road dike capacity (10 
foot vertical tide gate opening) with a new dike at Mill Creek and Pole 
Dike Creek. Mill Creek and Pole Dike Creek tides would be controlled by 
these secondary structures to the maximum levels that can be achieved 
after flood proofing several low-lying properties. Tidal restoration 
would be maximized in all other sub-basins.
    For Alternatives B and D, two options are considered for mitigating 
project impacts to the Chequessett Yacht & Country Club (CYCC) golf 
course, a private golf course in Mill Creek: (1) Raise low-lying 
fairways a minimum of two feet above proposed inundation levels, or (2) 
relocate low-lying fairways to an undeveloped upland area owned by 
CYCC.
    Under all Action Alternatives, there is the potential for the 
restoration of natural tidal flow to result in impacts to private 
properties. Any such impacts would be addressed through mitigation 
measures such as raising or relocating affected buildings, driveways or 
wells, building berms to protect structures, and/or limiting water 
levels across entire sub-basins. The cost of these impact mitigation 
measures will be borne by the Project. Water surface

[[Page 40347]]

elevations within any sub-basin will not be increased until the 
necessary impact mitigation is in place.
    Alternative D, with the option to raise existing low-lying fairways 
a minimum of two feet above proposed inundation levels, has been 
identified as the NPS Preferred Alternative. This alternative best 
fulfills the restoration objectives of the project while mitigating 
adverse impacts to developed properties.
    In response to agency and public comment, several aspects of the 
alternatives have been updated in chapter 2 of the FEIS. Key updates 
include adding a tide control structure at the Pole Dike Creek Road and 
refining options for preventing tidal flow impacts to High Toss Road. 
Also, design details have progressed on other key project components, 
including the proposed new Chequessett Neck Road dike and Mill Creek 
dikes. Relevant updates have been added to the alternatives 
description, including information about staging area locations and 
canoe/kayak access. Updates have also been made to key parts of 
Chapters 3 and 4, including a revised vegetation analysis that allows 
improved estimates of impacts to special status species habitat, 
updated information about newly-listed federal species (Northern Long-
eared Bat and Red Knot), and dismissal of changes to FEMA flood 
insurance maps.

    Authority:  42 U.S.C. 4321 et seq.

    Dated: June 2, 2016.
Michael A. Caldwell,
Regional Director, National Park Service, Northeast Region.
[FR Doc. 2016-14570 Filed 6-20-16; 8:45 am]
 BILLING CODE 4310-WV-P



                                                    40346                          Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices

                                                    with Mr. Fischer. You will receive a                    ACTION:   Notice of Availability.                      sinking the surface of the flood plain as
                                                    reply during normal hours.                                                                                     much as three feet. The decomposition
                                                                                                            SUMMARY:    The National Park Service                  of peat has released sulfuric acid that
                                                    SUPPLEMENTARY INFORMATION: The
                                                                                                            (NPS) announces the availability of a                  kills fish and other aquatic life, and low
                                                    closure affects public lands including
                                                                                                            Final Environmental Impact Statement                   summertime dissolved oxygen has also
                                                    and surrounding Skinny Dipper Hot
                                                                                                            (FEIS) for the Herring River Restoration               harmed aquatic life.
                                                    Springs, located approximately 4 miles
                                                                                                            Project in Cape Cod National Seashore,                    The FEIS analyzes three action
                                                    east of Banks, Idaho. The affected public
                                                                                                            Massachusetts. The FEIS provides a                     alternatives and the no action
                                                    lands are:
                                                                                                            systematic analysis of alternative                     alternative, as described below:
                                                      all public land north of Idaho State                  approaches to restore the Herring River                   Alternative A would leave in place
                                                    Highway 17, also known as the Banks-                    estuary to a more productive and                       the current tide control structure at
                                                    Lowman Highway, in Lot 3; Section 25, T. 9              natural condition after a century of                   Chequessett Neck Road and continue
                                                    N., R. 3 E., Boise Meridian, Boise County,
                                                    Idaho, containing approximately 41.58 acres.
                                                                                                            diking and draining.                                   management of the estuary without
                                                                                                            DATES: The NPS will execute a Record                   restoration.
                                                       The closure is necessary to allow the                of Decision not sooner than 30 days                       Alternative B would employ an
                                                    BLM to rehabilitate and restore natural                 after the date of publication of the NOA               adaptive management strategy to restore
                                                    conditions damaged by unauthorized                      in the Federal Register by the                         tides in the lower reach of the Herring
                                                    use and development around the hot                      Environmental Protection Agency.                       River up to a maximum high tide of
                                                    springs.                                                                                                       approximately six feet. At this tide level
                                                                                                            ADDRESSES: Electronic versions of the
                                                       The BLM will post closure signs at                                                                          flood mitigation of sensitive properties
                                                                                                            complete document are available online
                                                    main access points to the closed area                                                                          can be achieved without a secondary
                                                                                                            at http://www.nps.gov/caco/ and http://
                                                    and the area used for parking located                                                                          dike at Mill Creek.
                                                                                                            parkplanning.nps.gov/herring_river.
                                                    adjacent to the highway. This closure                                                                             Alternative C would employ an
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    order will be posted in the Boise District                                                                     adaptive management strategy to restore
                                                    BLM office. Maps of the affected area                   George E. Price, Jr., Superintendent,                  tides up to the maximum Chequessett
                                                    and other documents associated with                     Cape Cod National Seashore, 99                         Neck Road dike capacity (10 foot
                                                    this closure are available at 3948                      Marconi Site Road, Wellfleet, MA                       vertical tide gate opening) with a new
                                                    Development Avenue, Boise, Idaho                        02267; telephone (508) 771–2144.                       dike at Mill Creek that blocks all tidal
                                                    83705 and online at http://                             SUPPLEMENTARY INFORMATION: The                         influence. This alternative would
                                                    www.blm.gov/id.                                         Herring River Restoration Project is a                 maximize restoration in all sub-basins
                                                       Exemptions: The following persons                    joint project of the Cape Cod National                 except Mill Creek. Mill Creek would
                                                    are exempt from this order: Federal,                    Seashore, the Town of Wellfleet, the                   remain unrestored, but no new flood
                                                    State, and local officers and employees                 Town of Truro, the Massachusetts                       proofing measures would be needed in
                                                    in the performance of their official                    Division of Ecological Restoration, the                Mill Creek.
                                                    duties; members of organized rescue or                  U.S. Fish and Wildlife Service, the                       Alternative D would employ an
                                                    fire-fighting forces in the performance of              National Oceanic and Atmospheric                       adaptive management strategy to restore
                                                    their official duties; and persons with                 Administration, and the Natural                        tides up to the maximum Chequessett
                                                    written authorization from the BLM’s                    Resource Conservation Service. The                     Neck Road dike capacity (10 foot
                                                    Four Rivers Field Office.                               purpose of this project is to restore self-            vertical tide gate opening) with a new
                                                       Enforcement: Any person who                          sustaining coastal habitats on a large                 dike at Mill Creek and Pole Dike Creek.
                                                    violates this closure may be tried before               portion of the 1,100-acre Herring River                Mill Creek and Pole Dike Creek tides
                                                    a United States Magistrate and fined in                 estuary in Wellfleet and Truro,                        would be controlled by these secondary
                                                    accordance with 18 U.S.C. 3571,                         Massachusetts, where wetland resources                 structures to the maximum levels that
                                                    imprisoned no more than 12 months                       and natural ecosystem functions have                   can be achieved after flood proofing
                                                    under 43 U.S.C. 1733(a) and 43 CFR                      been severely damaged by 100 years of                  several low-lying properties. Tidal
                                                    8560.0–7, or both. In accordance with                   tidal restriction and salt marsh drainage.             restoration would be maximized in all
                                                    43 CFR 8365.1–7, State or local officials               The goal is to balance tidal restoration               other sub-basins.
                                                    may also impose penalties for violations                objectives with flood control by                          For Alternatives B and D, two options
                                                    of Idaho law.                                           allowing the highest tide range                        are considered for mitigating project
                                                                                                            practicable while also ensuring flood                  impacts to the Chequessett Yacht &
                                                       Authority: 43 CFR 8364.1.
                                                                                                            proofing and protection of vulnerable                  Country Club (CYCC) golf course, a
                                                    Tate Fischer,                                           properties.                                            private golf course in Mill Creek: (1)
                                                    BLM Four Rivers Field Manager.                             The Herring River is the largest                    Raise low-lying fairways a minimum of
                                                    [FR Doc. 2016–14575 Filed 6–20–16; 8:45 am]             estuary on outer Cape Cod,                             two feet above proposed inundation
                                                    BILLING CODE 4310–GG–P
                                                                                                            encompassing more than 1,100 acres of                  levels, or (2) relocate low-lying fairways
                                                                                                            degraded wetlands in a complex                         to an undeveloped upland area owned
                                                                                                            network of five valleys: The Herring                   by CYCC.
                                                    DEPARTMENT OF THE INTERIOR                              River, Mill Creek, Pole Dike Creek,                       Under all Action Alternatives, there is
                                                                                                            Bound Brook, and Duck Harbor. The                      the potential for the restoration of
                                                    National Park Service                                   Chequessett Neck Road dike was built                   natural tidal flow to result in impacts to
                                                                                                            in 1908 at the mouth of the Herring                    private properties. Any such impacts
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    [NPS–NER–CACO–21002; PPWONRADE                          River to restrict natural tidal flows.                 would be addressed through mitigation
                                                    PMP00IE05.YP0000]                                       Ditches were constructed to drain the                  measures such as raising or relocating
                                                    Final Environmental Impact Statement                    normally saturated flood plain soil. The               affected buildings, driveways or wells,
                                                    for the Herring River Restoration                       once extensive salt marshes have been                  building berms to protect structures,
                                                    Project, Cape Cod National Seashore,                    transformed into stands of invasive                    and/or limiting water levels across
                                                    Massachusetts                                           plants, shrubby thickets, and forests.                 entire sub-basins. The cost of these
                                                                                                            The old salt marsh peat, deprived of the               impact mitigation measures will be
                                                    AGENCY:    National Park Service, Interior.             tides, has decomposed and compressed,                  borne by the Project. Water surface


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                                                                                   Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices                                            40347

                                                    elevations within any sub-basin will not                029, Probable Economic Effect of                       requirements set out in section 103(a) of
                                                    be increased until the necessary impact                 Certain Modifications to the U.S.-Chile                the Act is that the President obtain
                                                    mitigation is in place.                                 FTA Rules of Origin.                                   advice regarding the proposed action
                                                       Alternative D, with the option to raise              DATES: July 11, 2016: Deadline for filing              from the U.S. International Trade
                                                    existing low-lying fairways a minimum                   written submissions.                                   Commission.
                                                    of two feet above proposed inundation                      August 24, 2016: Transmittal of                        In the request letter, the USTR asked
                                                    levels, has been identified as the NPS                  Commission report to USTR.                             that the Commission provide advice on
                                                    Preferred Alternative. This alternative                 ADDRESSES: All Commission offices,                     the probable economic effect of the
                                                    best fulfills the restoration objectives of             including the Commission’s hearing                     modifications on U.S. trade under the
                                                    the project while mitigating adverse                    rooms, are located in the United States                FTA, total U.S. trade, and on domestic
                                                    impacts to developed properties.                        International Trade Commission                         producers of the affected articles. He
                                                       In response to agency and public                     Building, 500 E Street SW., Washington,                asked that the Commission provide its
                                                    comment, several aspects of the                         DC. All written submissions should be                  advice at the earliest possible date but
                                                    alternatives have been updated in                       addressed to the Secretary, United                     not later than three months of receipt of
                                                    chapter 2 of the FEIS. Key updates                      States International Trade Commission,                 the request. He also asked that the
                                                    include adding a tide control structure                 500 E Street SW., Washington, DC                       Commission issue, as soon as possible
                                                    at the Pole Dike Creek Road and refining                20436. The public record for this                      thereafter, a public version of its report
                                                    options for preventing tidal flow                       investigation may be viewed on the                     with any confidential business
                                                    impacts to High Toss Road. Also, design                 Commission’s electronic docket (EDIS)                  information deleted. The products
                                                    details have progressed on other key                    at https://www.usitc.gov/secretary/                    identified in the proposal are certain
                                                    project components, including the                       edis.htm.                                              woven fabrics of artificial filament yarn
                                                    proposed new Chequessett Neck Road                                                                             provided for in subheadings 5408.22–
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    dike and Mill Creek dikes. Relevant                                                                            5408.23 of the U.S. Harmonized Tariff
                                                                                                            Project leader Laura Rodriguez (202–                   Schedule. The request letter and the
                                                    updates have been added to the
                                                                                                            205–3499 or laura.rodriguez@usitc.gov)                 proposed modification are available on
                                                    alternatives description, including                     for information specific to this
                                                    information about staging area locations                                                                       the Commission’s Web site at https://
                                                                                                            investigation. For information on the                  www.usitc.gov/research_and_analysis/
                                                    and canoe/kayak access. Updates have                    legal aspects of this investigation,
                                                    also been made to key parts of Chapters                                                                        what_we_are_working_on.htm. As
                                                                                                            contact William Gearhart of the                        requested, the Commission will provide
                                                    3 and 4, including a revised vegetation                 Commission’s Office of the General
                                                    analysis that allows improved estimates                                                                        its advice to USTR by August 24, 2016.
                                                                                                            Counsel (202–205–3091 or                                  Written Submissions: No public
                                                    of impacts to special status species                    william.gearhart@usitc.gov). The media
                                                    habitat, updated information about                                                                             hearing is planned. However, interested
                                                                                                            should contact Margaret O’Laughlin,                    parties are invited to file written
                                                    newly-listed federal species (Northern                  Office of External Relations (202–205–
                                                    Long-eared Bat and Red Knot), and                                                                              submissions. All written submissions
                                                                                                            1819 or margaret.olaughlin@usitc.gov).                 should be addressed to the Secretary,
                                                    dismissal of changes to FEMA flood                      Hearing-impaired individuals may
                                                    insurance maps.                                                                                                and should be received not later than
                                                                                                            obtain information on this matter by                   5:15 p.m., July 11, 2016. All written
                                                       Authority: 42 U.S.C. 4321 et seq.                    contacting the Commission’s TDD                        submissions must conform with the
                                                      Dated: June 2, 2016.                                  terminal at 202–205–1810. General                      provisions of section 201.8 of the
                                                    Michael A. Caldwell,                                    information concerning the Commission                  Commission’s Rules of Practice and
                                                    Regional Director, National Park Service,
                                                                                                            may also be obtained by accessing its                  Procedure (19 CFR 201.8). Section 201.8
                                                    Northeast Region.                                       Internet server (https://www.usitc.gov).               and the Commission’s Handbook on
                                                    [FR Doc. 2016–14570 Filed 6–20–16; 8:45 am]
                                                                                                            Persons with mobility impairments who                  Filing Procedures require that interested
                                                                                                            will need special assistance in gaining                parties file documents electronically on
                                                    BILLING CODE 4310–WV–P
                                                                                                            access to the Commission should                        or before the filing deadline and submit
                                                                                                            contact the Office of the Secretary at                 eight (8) true paper copies by 12:00 p.m.
                                                                                                            202–205–2000.                                          eastern time on the next business day.
                                                    INTERNATIONAL TRADE
                                                                                                            SUPPLEMENTARY INFORMATION:                             In the event that confidential treatment
                                                    COMMISSION
                                                                                                               Background: In his request letter                   of a document is requested, interested
                                                    [Investigation No. U.S.-Chile FTA–103–029]              (received May 24, 2016), the USTR                      parties must file, at the same time as the
                                                                                                            stated that U.S. negotiators have                      eight paper copies, at least four (4)
                                                    Probable Economic Effect of Certain                     recently reached agreement in principle                additional true paper copies in which
                                                    Modifications to the U.S.-Chile FTA                     with representatives of the government                 the confidential information must be
                                                    Rules of Origin                                         of Chile on modifications to the FTA                   deleted (see the following paragraph for
                                                    AGENCY:  United States International                    rules of origin. He said that the                      further information regarding
                                                    Trade Commission.                                       proposed modifications are the result of               confidential business information).
                                                    ACTION: Institution of investigation and                determinations that U.S. and Chilean                   Persons with questions regarding
                                                    notice of opportunity to provide written                producers are unable to produce rayon                  electronic filing should contact the
                                                    comments.                                               filament yarns in commercial quantities                Office of the Secretary, Docket Services
                                                                                                            in a timely manner. The USTR noted                     Division (202–205–1802).
                                                    SUMMARY:   Following receipt on May 24,                 that section 202(o)(2)(B)(i) of the Act                   Confidential Business Information:
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    2016, of a request from the U.S. Trade                  authorizes the President, subject to the               Any submissions that contain
                                                    Representative (USTR), under authority                  consultation and layover requirements                  confidential business information must
                                                    delegated by the President and pursuant                 of section 103(a) of the Act, to proclaim              also conform with the requirements of
                                                    to section 103(a) of the United States-                 such modifications to the rules of origin              section 201.6 of the Commission’s Rules
                                                    Chile Free Trade Agreement                              provisions as are necessary to                         of Practice and Procedure (19 CFR
                                                    Implementation Act (the Act) (19 U.S.C.                 implement an agreement with Chile                      201.6). Section 201.6 of the rules
                                                    3805 note), the Commission instituted                   pursuant to Article 3.20.5 of the                      requires that the cover of the document
                                                    investigation No. U.S.-Chile FTA–103–                   Agreement. He noted that one of the                    and the individual pages be clearly


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Document Created: 2016-06-21 01:30:40
Document Modified: 2016-06-21 01:30:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Availability.
DatesThe NPS will execute a Record of Decision not sooner than 30 days after the date of publication of the NOA in the Federal Register by the Environmental Protection Agency.
ContactGeorge E. Price, Jr., Superintendent, Cape Cod National Seashore, 99 Marconi Site Road, Wellfleet, MA 02267; telephone (508) 771-2144.
FR Citation81 FR 40346 

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