83 FR 64335 - Notice of Availability of the Draft Environmental Impact Statement for the Dam Safety Modification Study for the Cherry Creek Project, Arapahoe County, Colorado
DEPARTMENT OF DEFENSE
Department of the Army; Army Corps of Engineers Federal Register Volume 83, Issue 240
(December 14, 2018)
Department of the Army; Army Corps of Engineers
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64335-64337 | |
| FR Document | 2018-27115 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Notices] [Pages 64335-64337] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27115] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army; Army Corps of Engineers Notice of Availability of the Draft Environmental Impact Statement for the Dam Safety Modification Study for the Cherry Creek Project, Arapahoe County, Colorado AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps) has made available for public review and comment the Draft Environmental Impact Statement (Draft EIS) for the Federal action to remediate dam safety concerns at Cherry Creek Dam. The dam safety concerns are primarily related to a hydrologic deficiency resulting from an extreme precipitation event and the large population that could be affected by such an event. Cherry Creek Dam and Lake is located on Cherry Creek, 11.4 miles upstream of its confluence with the South Platte River, in Aurora, Colorado (southeast Denver metropolitan area). The remediation [[Page 64336]] actions will be identified through a Dam Safety Modification Study being conducted in accordance with Corps policy as described in Engineering Regulation 1110-2-1156 ``Safety of Dams--Policy and Procedures.'' DATES: The public comment period on the Draft EIS begins on December 12, 2018 and will last 45 days. Submit written comments on the Draft EIS on or before January 28, 2019. ADDRESSES: Send written comments, requests to be added to the mailing list, or requests for sign language interpretation for the hearing impaired or other special assistance needs to U.S. Army Corps of Engineers Omaha District, ATTN: CENWO-PMA-C, ATTN: Cherry Creek DSMS, 1616 Capitol Avenue, Omaha, NE 68102-4901; or email to [email protected]. FOR FURTHER INFORMATION CONTACT: Mr. John Palensky, U.S. Army Corps of Engineers, 1616 Capitol Ave., Omaha, NE 68102, or [email protected]. SUPPLEMENTARY INFORMATION: The Corps is issuing this notice pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq.; the Council on Environmental Quality's (CEQ) regulations for implementing the procedural provisions of NEPA, 43 CFR parts 1500 through 1508; the Department of the Interior's NEPA regulations, 43 CFR part 46. The Corps published a Notice of Intent (NOI) to prepare the Draft EIS in the Federal Register on December 17, 2013. Public scoping meetings to share information and to allow the public to provide oral or written comments were held near Cherry Creek Dam on January 22, 2015 at the Cherry Creek High School and on January 24, 2015 at the Campus Middle School. Three public scoping meetings were held (September 20, 21 and 22, 2016) in the vicinities of the 3 potential impact areas of the Cherry Creek project, the Cherry Creek Presbyterian Church, Virginia Village Library, and the Aurora Municipal Center. The Corps is planning an additional public on December 12, 2018 at the Lake House at Cherry Creek, Greenwood Village, Colorado to present the Draft EA and seek additional input from the agencies, utility companies and other stakeholders. Background Information. The Cherry Creek Dam and Reservoir Project is located in western Arapahoe County, Colorado southeast of the city of Denver. The project consists of a main dam embankment, outlet works, and an emergency side-channel spillway. The 14,300-foot-long embankment holds approximately 270,000 acre-feet of water at the top of the dam. Cherry Creek Dam and Reservoir is operated as a system with the Chatfield and Bear Creek projects. Chatfield Dam is located on the South Platte River approximately 15 miles upstream of the South Platte's confluence with Cherry Creek in downtown Denver. Bear Creek Dam is located on Bear Creek, which flows into the South Platte River approximately seven miles upstream of the South Platte's confluence with Cherry Creek. The tri-lakes system is operated to minimize flows at the Denver gauge on the South Platte River in downtown Denver, CO. The dam was screened in 2005 using the Screening Portfolio Risk Assessment (SPRA). As a result of that analysis, an Issue Evaluation Study (IES) was completed in 2011. The most significant failure mode identified during the IES was overtopping and failure of the embankment during extreme floods. Combined with the extremely high consequences, primarily due to the project location upstream of the Denver metropolitan area, the dam was found to pose an unacceptable risk to the public. A Dam Safety Modification Study (DSMS) was started in 2013. The purpose of the DSMS is to identify and recommend a risk management plan that reduces risks posed by Cherry Creek Dam. The recommended plan is the No Action Alternative. Federal costs of implementation for this alternative are zero. In some instances, the justification can be made that tolerating structures with high consequences from a failure is in the interest of society. In the case of Cherry Creek Dam, the probability of failure is very low, individual risk is more than two orders of magnitude below the USACE threshold, the risk posed by the project meets the principle of equity as described in ER 1110-2-1156, and the benefits provided by the dam to society justify continued federal investment in this project by the federal government. Risks at the dam are being properly monitored by USACE and state of the practice actions are being taken, including improvements to the USACE warning issuance time and improvements to emergency planning and preparedness by downstream local emergency management agencies. During the DSMS, the Omaha District initiated a Water Control Plan (WCP) Modification Study in accordance with ER 1110-2-240, Water Control Management and ER 1110-2-1156, Safety of Dams, Policy and Procedures. The purpose of the study was to reduce the potential risk of failure of Cherry Creek Dam during extreme floods by releasing more water from the outlet works at the dam while limiting exposure to potential downstream damages. The study proposed using a pool elevation trigger. The modification to the WCP was approved in April 2017. Another factor that reduced overtopping risk in the Future without Action Condition (FWAC) is the restoration of the spillway capacity. The spillway is located on the right side of the embankment and is configured to spill water into the adjacent Sand Creek basin, which flows into the South Platte River in Commerce City north of downtown Denver. Over time soil has accumulated on the bed of the spillway channel resulting in an increase in the spillway crest elevation of approximately 12.5 feet. The spillway crest will be returned back to its design elevation through the maintenance program. A draft Environmental Assessment to evaluate the potential environmental and social effects of the Cherry Creek Spillway Project is currently being prepared under the Operation and Maintenance (O&M) program. Conducting the spillway project under the O&M program will allow the issue to be addressed as a matter of required maintenance as opposed to a dam modification via the Dam Safety program. A contract for the spillway excavation work is planned for 2019 and anticipated to take 12 to 18 months. The costs for returning the spillway to the design configuration are about $11 million. The Draft EIS document was produced to look at environmental impacts from implementing potential risk reduction alternatives. While the focus of the DSMS concerns tolerable risk, risk of life loss, etc., the focus of this Draft EIS is not to evaluate impacts of dam failure, but to compare direct, indirect, and cumulative effects of implementing any of the alternatives that address risk. This notice announces the availability of the Draft EIS and begins a 45-day public comment period on the range of alternatives and effects analysis. Analysis in the Draft EIS will support a decision on the selection of an alternative. The Draft EIS can be accessed at: http://www.nwo.usace.army.mil/Missions/Civil-Works/Planning/Project-Reports/. The Corps is serving as the lead Federal agency for the NEPA analysis process and preparation of the Draft EIS. No Cooperating Agencies were established for this study. Project Alternatives. The purpose of the Cherry Creek DSMS is to identify [[Page 64337]] and recommend a risk management plan that addresses risk of life loss and significant economic, social, and environmental damages associated with a potential failure of Cherry Creek Dam. In addition to the No Action Alternative, Alternatives 2F (raise dam 7.1 feet and spillway to elevation 5610.5 from original design of 5599.8 feet NAVD88 to prevent overtopping) and 3B (dam raise of 6.2 feet and no spillway raise) were evaluated in the final array of alternatives. Dam Raise Alternative 3B consists of the FWAC spillway and a dam raise to contain the PMF. A dam raise height for this alternative is 6.2 feet and the crest width was assumed to be approximately 38 feet to allow reconstruction of the crest road using current road design standards. Various methods for raising the dam were considered, including an earth raise, reinforced concrete wall, and mechanically stabilized earth. The most efficient method of raise depends on several factors including the height of raise, crest width, availability of on- site materials, and steepness of embankment side slopes. Earth/rock fill raises compete well for raises below 4 to 5 feet if the crest width can be minimized. Reinforced Concrete (RC) wall raises are clearly more cost effective for larger raises and when a wide crest is required to allow construction of a crest road that meets modern standards of construction, therefore, the dam would be raised using an RC wall if Alternative 3B is implemented. Dam Raise Alternative 2F consists of a RC wall dam raise of 7.1 feet and a spillway raise to crest elevation 5610.5 feet NAVD88 to prevent overtopping during the PMF. This spillway crest elevation of 5610.5 feet was chosen to minimize non-breach flows in the spillway impact area. As with Alternative 3B the dam would be raised using an RC wall and the crest width would be approximately 38 feet to allow reconstruction of the crest road using current road design standards. The Draft EIS evaluates the potential effects on the human environment associated with each of the alternatives. Issues addressed include: Land use and vegetation, social and economic conditions, recreation, water resources, air quality, noise, and environmental justice. Schedule. The public comment period will begin December 12, 2018. Comments on the Draft EIS must be received by January 28, 2019. The Corps will consider and respond to all comments received on the Draft EIS when preparing the Final EIS. The Corps expects to issue the Final EIS in the summer of 2019, at which time a Notice of Availability will be published in the Federal Register. The public meeting date or location may change based on inclement weather or exceptional circumstances. If the meeting date or location is changed, the Corps will issue a press release and post it on the web at http://www.nwo.usace.army.mil/Media/News-Releases/ to announce the updated meeting details. Public Disclosure Statement. If you wish to comment, you may mail or email your comments as indicated under the ADDRESSES section of this notice. Before including your address, phone number, email address, or any other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made available to the public at any time. While you can request in your comment for us to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 2018-27115 Filed 12-13-18; 8:45 am] BILLING CODE 3720-58-P
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January 8, 2019; Independent SUMMARY: In compliance with the and the information is not submitted
Assessment of the Army’s Science and Paperwork Reduction Act of 1995, the with the claim the TRICARE contractors
Technology Portfolio Realignment. This Defense Health Agency announces a request that the injured party (or a
study is classified and will be discussed proposed public information collection designee) complete DD Form 2527. To
from 3:00 p.m. to 4:30 p.m. on January and seeks public comment on the protect the interests of the Government
9, 2019. provisions thereof. Comments are the contractor suspends claims
Meeting Accessibility: Pursuant to 5 invited on: Whether the proposed processing until the requested third
U.S.C. 552b, as amended, and 41 CFR collection of information is necessary party liability information is received.
102–3.155, the Department of the Army for the proper performance of the The contractor conducts a preliminary
has determined that the meeting shall be functions of the agency, including evaluation based upon the collection of
closed to the public. Specifically, whether the information shall have information and refers the case to a
consistent with 5 U.S.C. 552b(c)(1), the practical utility; the accuracy of the designated appropriate legal officer of
Administrative Assistant to the agency’s estimate of the burden of the the Uniformed Services. The
Secretary of the Army, in consultation proposed information collection; ways responsible Uniformed Services legal
with the Office of the Army General to enhance the quality, utility, and officer uses the information as a basis
Counsel, has determined in writing that clarity of the information to be for asserting and settling the
the public interest requires that all collected; and ways to minimize the Government’s claim. When appropriate
sessions of the committee’s meeting will burden of the information collection on the information is forwarded to the
be closed to the public because the respondents, including through the use Department of Justice as the basis for
meetings are likely to disclose matters of automated collection techniques or litigation.
that are (A) specifically authorized other forms of information technology. Affected Public: Individuals or
under criteria established by an DATES: Consideration will be given to all households.
Executive order to be kept secret in the comments received by February 12, Annual Burden Hours: 47,022.50.
interest of national defense or foreign 2019. Number of Respondents: 188,090.
policy and (B) in fact properly classified Responses per Respondent: 1.
pursuant to such Executive order. ADDRESSES: You may submit comments, Annual Responses: 188,090.
Written Statements: Pursuant to 41 identified by docket number and title, Average Burden per Response: 15
CFR 102–3.105(j) and 102–3.140, and by any of the following methods: minutes.
§ 10(a)(3) of the Federal Advisory Federal eRulemaking Portal: http:// Frequency: On occasion.
Committee Act of 1972, the public or www.regulations.gov. Follow the Dated: December 11, 2018.
interested organizations may submit instructions for submitting comments.
Morgan E. Park,
written statements to the ASB about its Mail: Department of Defense, Office of
the Chief Management Officer, Alternate OSD Federal Register Liaison
mission and functions. Written Officer, Department of Defense.
statements may be submitted at any Directorate for Oversight and
[FR Doc. 2018–27102 Filed 12–13–18; 8:45 am]
time or in response to the stated agenda Compliance, 4800 Mark Center Drive,
Mailbox #24, Suite 08D09, Alexandria, BILLING CODE 5001–06–P
of a planned meeting of the ASB. All
written statements must be submitted to VA 22350–1700.
the Designated Federal Officer (DFO) at Instructions: All submissions received
must include the agency name, docket DEPARTMENT OF DEFENSE
the address listed above, and this
individual will ensure that the written number and title for this Federal Department of the Army; Army Corps
statements are provided to the Register document. The general policy of Engineers
membership for their consideration. for comments and other submissions
Written statements not received at least from members of the public is to make Notice of Availability of the Draft
10 calendar days prior to the meeting these submissions available for public Environmental Impact Statement for
may not be considered by the ASB prior viewing on the internet at http:// the Dam Safety Modification Study for
to its scheduled meeting. After www.regulations.gov as they are the Cherry Creek Project, Arapahoe
reviewing written comments, the DFO received without change, including any County, Colorado
may choose to invite the submitter of personal identifiers or contact
information. AGENCY: Department of the Army, U.S.
the comments to orally present their Army Corps of Engineers, DoD.
issue during a future open meeting. FOR FURTHER INFORMATION CONTACT: To
ACTION: Notice of availability.
request more information on this
Brenda S. Bowen,
proposed information collection or to SUMMARY: The U.S. Army Corps of
Army Federal Register Liaison Officer. obtain a copy of the proposal and Engineers (Corps) has made available for
[FR Doc. 2018–27108 Filed 12–13–18; 8:45 am] associated collection instruments, public review and comment the Draft
BILLING CODE 5001–03–P please write to Defense Health Agency, Environmental Impact Statement (Draft
Office of General Counsel, 61401 E EIS) for the Federal action to remediate
Centretech Parkway, Attn: Bridget dam safety concerns at Cherry Creek
DEPARTMENT OF DEFENSE Ewings, Aurora, CO 80011, or call Dam. The dam safety concerns are
Office of the Secretary Defense Health Agency, Office of primarily related to a hydrologic
General Counsel, at (303) 676–3705. deficiency resulting from an extreme
[Docket ID: DOD–2018–HA–0099] SUPPLEMENTARY INFORMATION: precipitation event and the large
amozie on DSK3GDR082PROD with NOTICES1
Title; Associated Form; and OMB population that could be affected by
Proposed Collection; Comment Number: Statement of Personal Injury: such an event. Cherry Creek Dam and
Request Possible Third Party Liability; DD–2527; Lake is located on Cherry Creek, 11.4
AGENCY: Office of the Assistant OMB Control Number 0720–0003. miles upstream of its confluence with
Secretary for Health Affairs, DoD. Needs and Uses: When a claim for the South Platte River, in Aurora,
TRICARE benefits is identified as Colorado (southeast Denver
ACTION: Information collection notice.
involving possible third party liability metropolitan area). The remediation
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![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64337
and recommend a risk management plan the summer of 2019, at which time a reduces risks to downstream life-safety
that addresses risk of life loss and Notice of Availability will be published and property associated with dam
significant economic, social, and in the Federal Register. failure. Implementation of the
environmental damages associated with The public meeting date or location recommended risk management plan
a potential failure of Cherry Creek Dam. may change based on inclement weather would mitigate the intolerable Dam
In addition to the No Action or exceptional circumstances. If the safety risk and allow the Dam to safely
Alternative, Alternatives 2F (raise dam meeting date or location is changed, the function as originally intended and
7.1 feet and spillway to elevation 5610.5 Corps will issue a press release and post authorized. Without this action, the
from original design of 5599.8 feet it on the web at http:// Dam could fail resulting in life-
NAVD88 to prevent overtopping) and www.nwo.usace.army.mil/Media/News- threatening floods to downstream
3B (dam raise of 6.2 feet and no Releases/ to announce the updated communities. The Proposed Action is
spillway raise) were evaluated in the meeting details. needed to provide life-safety to the
final array of alternatives. Public Disclosure Statement. If you communities downstream of the
Dam Raise Alternative 3B consists of wish to comment, you may mail or Whittier Narrows Dam.
the FWAC spillway and a dam raise to email your comments as indicated DATES: Written comments pursuant to
contain the PMF. A dam raise height for under the ADDRESSES section of this the NEPA will be accepted until the
this alternative is 6.2 feet and the crest notice. Before including your address, close of business on January 28, 2019.
width was assumed to be approximately phone number, email address, or any ADDRESSES: The document is available
38 feet to allow reconstruction of the other personal identifying information for review at:
crest road using current road design in your comment, you should be aware (1) https://www.spl.usace.army.mil/
standards. Various methods for raising that your entire comment—including Missions/Civil-Works/Projects-Studies/
the dam were considered, including an your personal identifying information— Whittier-Narrows-Dam-Safety-
earth raise, reinforced concrete wall, may be made available to the public at Modification-Study/.
and mechanically stabilized earth. The any time. While you can request in your (2) U.S. Army Corps of Engineers, Los
most efficient method of raise depends comment for us to withhold your Angeles District, 915 Wilshire Blvd., Los
on several factors including the height personal identifying information from Angeles, CA 90017–3401.
of raise, crest width, availability of on- public review, we cannot guarantee that FOR FURTHER INFORMATION CONTACT: Ms.
site materials, and steepness of we will be able to do so. Deborah Lamb, U.S. Army Corps of
embankment side slopes. Earth/rock fill Engineers, Los Angeles District, phone
raises compete well for raises below 4 Brenda S. Bowen,
Army Federal Register Liaison Officer. number (213) 452–3798. Questions or
to 5 feet if the crest width can be comments regarding the Whittier
minimized. Reinforced Concrete (RC) [FR Doc. 2018–27115 Filed 12–13–18; 8:45 am]
Narrows Dam DSMS Draft EIS, contact
wall raises are clearly more cost BILLING CODE 3720–58–P
Ms. Deborah Lamb by phone or by email
effective for larger raises and when a to Deborah.L.Lamb@usace.army.mil. or
wide crest is required to allow Whittier Narrows DSMS EIS Whittier_
construction of a crest road that meets DEPARTMENT OF DEFENSE
Narrows_DSMS@usace.army.mil.
modern standards of construction, For further information regarding the
therefore, the dam would be raised Department of the Army, Corps of
Engineers Whittier Narrows DSMS, contact Mr.
using an RC wall if Alternative 3B is Doug Chitwood, (213) 452 3587, or by
implemented. Availability of a Draft Environmental email to Douglas.E.Chitwood@
Dam Raise Alternative 2F consists of
Impact Statement, Whittier Narrow usace.army.mil.
a RC wall dam raise of 7.1 feet and a
Dam Safety Modification Study, Los SUPPLEMENTARY INFORMATION:
spillway raise to crest elevation 5610.5
Angeles County, California 1. Background Information.
feet NAVD88 to prevent overtopping
during the PMF. This spillway crest AGENCY: Department of the Army, U.S. Construction of Whittier Narrows Dam
elevation of 5610.5 feet was chosen to Army Corps of Engineers, DoD. was completed in 1957 as an integral
minimize non-breach flows in the ACTION: Notice of availability; request component of the Los Angeles County
spillway impact area. As with for comments. Drainage Area (LACDA) system of dams
Alternative 3B the dam would be raised and channelized rivers authorized by
using an RC wall and the crest width SUMMARY: The U.S. Army Corps of Congress in the Flood Control Act of
would be approximately 38 feet to allow Engineers (Corps) announces the 1936. The Whittier Narrows Dam
reconstruction of the crest road using availability of a Draft Environmental primary purpose is flood risk
current road design standards. Impact Statement (EIS) for the Whittier management with recreation added in
The Draft EIS evaluates the potential Narrows Dam Safety Modification the Flood Control Act of 1944 (Pub. L.
effects on the human environment Study, Los Angeles County, California 78–534). Whittier Narrows Dam is
associated with each of the alternatives. for review and comment. Pursuant to located approximately 11 miles east of
Issues addressed include: Land use and the National Environmental Policy Act downtown Los Angeles, Los Angeles
vegetation, social and economic (NEPA). The Corps has prepared a Draft County, CA. The dam protects over one
conditions, recreation, water resources, EIS for the Whittier Narrows Dam Safety million people and reduces economic
air quality, noise, and environmental Modification Study (DSMS). The Draft damages to the communities
justice. EIS evaluates risk management plans downstream during flood events. The
Schedule. The public comment period (alternatives) to remediate safety Corps has classified Whittier Narrows
amozie on DSK3GDR082PROD with NOTICES1
will begin December 12, 2018. concerns such as overtopping and Dam as very high risk due to the
Comments on the Draft EIS must be seepage. The Draft EIS describes and potential for seepage and hydrologic
received by January 28, 2019. The Corps analyses the impacts of risk issues during rare storms that could lead
will consider and respond to all management plans (RMPs) that are to failure. The DSMS and Draft EIS
comments received on the Draft EIS formulated, evaluated and compared identify and evaluate alternatives to
when preparing the Final EIS. The through the DSMS process in order to address these deficiencies and reduce
Corps expects to issue the Final EIS in identify a recommended RMP that the annual probability of failure and the
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Document Created: 2018-12-14 03:50:17
Document Modified: 2018-12-14 03:50:17
| 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 | Notice of availability. | |
| Dates | The public comment period on the Draft EIS begins on December 12, 2018 and will last 45 days. Submit written comments on the Draft EIS on or before January 28, 2019. | |
| Contact | Mr. John Palensky, U.S. Army Corps of Engineers, 1616 Capitol Ave., Omaha, NE 68102, or [email protected] | |
| FR Citation | 83 FR 64335 |
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