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N-12 Niobrara East and West Draft Environmental Impact Statement

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N-12 Niobrara East and West Draft Environmental Impact Statement Chapter 6.0 Comments and Coordination CHAPTER 6.0 COMMENTS AND COORDINATION This chapter summarizes the agency coordination, NEPA/404 merge coordination, tribal coordination, and public involvement that have taken place during the development of this EIS. Appendix N contains meeting summaries from the agency scoping meeting and coordination letters received from the agencies. Appendix O contains meeting summaries and coordination letters to and from Native American tribes (sensitive information omitted). Appendix P contains meeting summaries from public information meetings and a summary of comments received from the public. 6.1 AGENCY COORDINATION 6.1.1 Early Coordination Early coordination for the project was conducted with federal, state, and local resource agencies. An early coordination packet and invitation to the agency scoping meeting was mailed on August 5, 2008. The entities contacted as part of the early coordination efforts are as follows: Federal • U.S. Army Corps of Engineers – Gavins Point Project Office • U.S. Army Corps of Engineers – Operations (Omaha District) • U.S. Department of Agriculture, Natural Resources Conservation Service – Nebraska State Office • U.S. Department of Agriculture, Natural Resources Conservation Service – Bloomfield Service Center • U.S. Department of Homeland Security, Federal Emergency Management Agency – Region VII • U.S. Department of Housing and Urban Development • U.S. Department of the Interior, Bureau of Indian Affairs • U.S. Department of the Interior, National Park Service – Missouri National Recreational River Headquarters • U.S. Department of the Interior, U.S. Fish and Wildlife Service – Nebraska Ecological Services Field Office • U.S. Department of Transportation, Federal Aviation Administration – Airports Division • U.S. Department of Transportation, Federal Highway Administration – Nebraska Division • U.S. Department of Transportation, Federal Railroad Administration – Region VI • U.S. Environmental Protection Agency – Region VII • U.S. Small Business Administration – Nebraska District Office N-12 Niobrara East and West 6-1 October2015 Draft Environmental Impact Statement Chapter 6.0 Comments and Coordination State • Center for Rural Affairs • Nebraska Commission on Indian Affairs • Nebraska Department of Aeronautics • Nebraska Department of Environmental Quality • Nebraska Department of Health and Human Services • Nebraska Department of Natural Resources • Nebraska Department of Roads • Nebraska Game and Parks Commission • Nebraska State Historical Society/Nebraska State Historical Preservation Office • Nebraska Trucking Association • Urban League of Nebraska Tribal1 • Iowa Tribe of Oklahoma • Omaha Tribal Council • Pawnee Nation of Oklahoma • Ponca Tribe of Nebraska • Winnebago Tribal Council Local • Knox County – Board of Supervisors • Lewis and Clark Natural Resources District • Village of Niobrara 6.1.2 Agency Scoping Meeting An agency scoping meeting was held on August 28, 2008, from 1:00 to 3:00 p.m. at the WFLA Hall in Niobrara. Pursuant to 40 CFR 1501.7, the purpose of the meeting was to determine the scope of issues to be addressed and to identify the significant issues related to the project. Forty individuals representing the following 15 agencies and two tribes attended the agency scoping meeting: 1 The Corps’ government-to-government consultation with Indian tribes, as required under EO 13175 Consultation and Coordination with Indian Tribal Governments, is detailed in Section 6.4. N-12 Niobrara East and West 6-2 October2015 Draft Environmental Impact Statement Chapter 6.0 Comments and Coordination Federal • U.S. Army Corps of Engineers – Gavins Point Project Office • U.S. Army Corps of Engineers – Omaha District • U.S. Department of Agriculture, Natural Resources Conservation Service – Hartington Service Center • U.S. Department of the Interior, Bureau of Indian Affairs – Winnebago Agency • U.S. Department of the Interior, National Park Service – Lewis and Clark National Historic Trail • U.S. Department of the Interior, National Park Service – Missouri National Recreational River Headquarters • U.S. Department of the Interior, U.S. Fish and Wildlife Service – Nebraska Ecological Services Field Office • U.S. Senator Ben Nelson’s Office State • Missouri River Futures • Nebraska Department of Environmental Quality • Nebraska Department of Roads • Nebraska Game and Parks Commission • Niobrara State Park • Nebraska State Historical Preservation Office/Nebraska State Historical Society Local • Knox County – Board of Supervisors Tribal • Ponca Tribe of Nebraska • Santee Sioux Nation During the agency scoping meeting, the project history, the range of alternatives, the issues identified during past coordination, new agency concerns, and next steps were discussed. Table 6-1 summarizes the input from agencies at the scoping meeting and in subsequent letters. (Note: Table 6-1 does not address tribal comments; these are summarized in Section 6.4.1.) The meeting summary of the scoping meeting and written responses received during early coordination are provided in Appendix N. Tribal coordination is discussed in Section 6.4. N-12 Niobrara East and West 6-3 October2015 Draft Environmental Impact Statement Chapter 6.0 Comments and Coordination Table 6-1 Summary of Agency Scoping Meeting Comments Agency1 Comments U.S. Department of the Interior, Concerns with burial sites, cultural and archaeological resources; BIA Bureau of Indian Affairs can assist with tribal ROW and easements; watershed issues, protection of well water for home sites; resources in the bluffs U.S. Department of the Interior, Wild and Scenic River protection; fish and wildlife impacts; migratory National Park Service birds; water quality; wetlands/waters of the U.S./waterways; support a road in the bluffs U.S. Department of the Interior, Public access and recreation; would prefer roadway on the bluffs, but are National Park Service – Lewis and sensitive to tribal issues; requested information on sediment removal Clark National Historic Trail U.S. Department of the Interior, Verdigre and Bazile Creek watersheds proposed for conservation U.S. Fish and Wildlife Service easements; wildlife crossings implemented in the roadway design; and threatened and endangered species in the Study Area include pallid Nebraska Game and Parks sturgeon, least tern, piping plover, American burying beetle, dace, Commission whooping crane; bald eagle nest sites U.S. Environmental Protection Concerns with potential impacts on wetlands/waters of the U.S. and the Agency availability of practicable alternatives Nebraska Department of Water quality concerns; altering a mainstem dam Environmental Quality Nebraska Department of Roads Concerns about project delay and deteriorating conditions; roadway stability in Pierre shale; landowner access and recreation; continuity with Nebraska Highway 14 Nebraska State Historical Irreversible archaeological impacts; prehistoric and historic resources; Preservation Office/Nebraska State burial mounds and village in Alternative 4; east of Niobrara would have Historical Society fewer archaeological issues; landowner access; borrow sites Knox County Maintenance of existing road; slides and roadway stability; loss of eagle habitat due to high water levels; burials in bluffs; comprehensive plan; Pierre Shale Note: 1 Comments from the Ponca Tribe of Nebraska and Santee Sioux Nation are summarized in Section 6.4.1. 6.2 COOPERATING AGENCIES 6.2.1 Cooperating Agency Agreement The Corps (the lead agency in the preparation of the EIS) and five other agencies entered into a cooperating agency agreement pursuant to 40 CFR 1501.6 on June 5, 2009. This agreement defines the roles and responsibilities of each agency involved in the project. An agreement is entered into to maximize availability of resources, facilitate public involvement, expedite interagency review, and avoid duplication of effort. The cooperating agencies include: • Federal Highway Administration • National Park Service • U.S. Environmental Protection Agency • U.S. Fish and Wildlife Service • Knox County N-12 Niobrara East and West 6-4 October2015 Draft Environmental Impact Statement Chapter 6.0 Comments and Coordination 6.2.2 Cooperating Agency Meetings The Corps held several meetings with the cooperating agencies. Some meetings were held with all of the cooperating agencies, some with smaller groups, some with additional review agencies (merge agencies) (see Section 6.3), and some with a single agency. Each meeting is discussed below. December 11, 2008 – Cooperating Agencies The Corps met with all of the cooperating agencies on December 11, 2008, at Niobrara State Park in Niobrara. The purpose of the meeting was to review the project status and schedule, discuss agency responsibilities and the cooperating agency agreement, introduce Concurrence Points 1 and 2(a), and summarize the alternative screening process. The agencies were asked to provide comments on the cooperating agency agreement by January 20, 2009. January 9, 2009 – National Park Service The Corps met with NPS on January 9, 2009, via teleconference. The purpose of the meeting was for NPS to provide the Corps with an overview of the Section 7(a) evaluation process and to discuss the format of the draft Section 7(a) evaluation report. January 12, 2009 – Cooperating Agencies The Corps met with a majority of the cooperating agencies (Knox County was not present) and NDOR on January 12, 2009, via teleconference. The purpose of the meeting was to help NDOR determine where and
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