PUBLIC NOTICE

File No: 2004-10258-WEH Project: Niobrara East & West, S-12-5(1011) Applicant: Department of Roads US Army Corps Issue Date: July 25, 2008 Of Engineers Omaha District

The U.S. Army Corps of Engineers (Corps) is preparing an Environmental Impact Statement (EIS) to analyze the direct, indirect and cumulative effects of a proposed Nebraska State Highway project, Nebraska Highway 12 Niobrara East and West Project by the Nebraska Department of Roads (NDOR). NDOR is responsible for providing a safe, efficient, affordable, environmentally compatible and coordinated statewide transportation system for the movement of people and goods.

Two segments of existing Nebraska Highway 12 (N-12) have experienced flooding and damage due to high water levels associated with the Missouri River. Segment 1 is approximately 6.4 miles long and extends from just east of Verdel, Nebraska, on the west end to 2 miles west of the bridge over the . Segment 2 is approximately 6 miles long and extends from just east of Spruce Avenue in Niobrara, Nebraska, to approximately 1 mile east of Nebraska Spur-54D (see attached figures).

The overall project purpose is to provide a reliable and safe roadway that meets the existing and projected traffic needs for the region. This project purpose will be used to evaluate the full range of alternatives under Section 404 (b)(1) guidelines. The need for the project is based on the following problems and/or concerns caused by the high water levels and flooding: instability of the existing roadway; driver hazard; roadway maintenance countermeasures; and traffic disruption.

Roadway Stability: Due to high water levels and overtopping of N-12 in the Study Area, the stability of the roadway is threatened. Gavin’s Point Dam on the Missouri River was built in the 1950s near Yankton, , creating Lewis and Clark Lake (lake). The lake has caused the water table adjacent to the Missouri River to rise. N-12, which runs parallel to the Missouri River, is affected where it crosses into the Missouri River floodplain east and west of Niobrara, Nebraska. Approximately eight miles of N-12 runs through the floodplain. About half of this length is located to the east and half to the west of Niobrara, in Knox County, Nebraska. The distance between N-12 and the Missouri River bank differs, but some areas are as close as two to three thousand feet. Due to the location of N-12, roadway overtopping and prolonged high water levels are common. Reasons for these conditions are: • Missouri River Mainstem Releases - System releases from upstream reservoirs as part of the Missouri River mainstem system can provide constant high water levels

1 and large releases of water can sometimes maintain high water levels for many months. • Sedimentation - The increased silt load coming into the Lake from the Missouri River tributaries (primarily the Niobrara River and Bazile Creek) has caused sedimentation of the Lake. The confluence of the Niobrara River and the Missouri River is just west of Niobrara, Nebraska. The waters slow and sediment is deposited creating a fill area that restricts the channel and raises the bed of the both rivers. This is causing the area of the Lake to increase in dimension as well as raising the water table. This action has also reduced the size (and therefore capacity) of bridge openings.

Overtopping has occurred several times in the Bazile and Ponca Creek areas in the past. Bazile Creek enters the river east of Niobrara, Nebraska where it intersects N-12. Ponca Creek intersects N-12 and enters the river west of Niobrara, Nebraska. Over-topping jeopardizes the integrity of the roadway due to shoulder and embankment damage.

High water levels create conditions of routine and persistent flooding and long-term saturation of the roadway embankment, thus creating roadway shoulder and embankment damage during overtopping events and the potential for roadway embankment erosion during saturation. Driver Hazard: As described above, N-12 in the Study Area is exposed to regular flooding. Roadway flooding is a concern for driver safety as even if the road is marked closed, motorist may choose to drive through flooded roadways. N-12 in this location does not have lighting and the inherent dangers of driving through flooded roadways exist, especially during times of poor visibility. In 1995, the Corps implemented an interim fix by raising the gradeline of N-12 by several feet on two short highway segments to alleviate the flooding problems. The resultant roadway is narrow that has shoulders of inadequate width and steep sideslopes. Cable guardrail was installed to help protect vehicles from leaving the road and driving into the water. Due to the narrow roadway, the cable guardrail is close to the edge of the driving lane. These conditions create hazards for the traveling public. Continuous Roadway Maintenance: Roadway maintenance has occurred in the past (see above #2 above) to repair roadway damage due to high water levels and/or flooding. Until a solution is implemented, continuous roadway maintenance will be required to repair damage caused by high water levels and/or flooding of the roadway.

Need for Reliable Roadway: N-12 is an east-west roadway in northeastern Nebraska that provides a route for local and thru vehicle traffic. N-12 is situated among the northern portions of counties in Nebraska. As there are limited resources in this area which provide for east-west vehicle traffic movement, N-12 provides a vital link of travel for adjacent rural residents and traffic traveling east-west through northeastern Nebraska.

2 NDOR and Corps have not selected a project alternative but will be exploring a range of alternatives through the National Environmental Policy Act (NEPA) process. Construction of the N-12 project is expected to result in temporary and permanent impacts to jurisdictional waters of the U.S., thereby requiring a Clean Water Act Section 404 permit. Alternatives under consideration include: (1) taking no action; (2) re-construction on existing alignment; (3) providing a new two-lane highway on new alignment; (4) reduce or eliminate the flooding/high water level problem through evaluation of methods to reduce Lewis and Clark Lake elevation through operations and/or maintenance. Additional alternatives will be considered during the NEPA process.

The Corps is utilizing a third-party contractor, HDR Engineering, Inc, to prepare the EIS. The EIS will be prepared according to the Corps’ procedures for implementing NEPA and consistent with the Corps’ policy to facilitate public understanding and review of agency proposals. A project newsletter has been prepared to distribute to the public in the study area that describes the project, discusses the history of the project, and explains the EIS process. Copies of the newsletter will be available at the public scoping meeting or can be requested by mail. The public scoping meeting will be held on August 28, 2008, from 6:00 p.m. to 8:30 p.m., at the WFLA Conference Center located on Spruce and Park Avenue in, Niobrara, NE.

These scoping meetings will be held to describe the project, the NEPA process, and to solicit input on the issues and alternatives to be evaluated and other related matters. Written comments will be accepted at these meetings and until September 28, 2008.

The COE has invited the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Federal Highway Administration, National Park Service, and Knox County to be cooperating agencies in the formulation of the EIS.

Questions regarding the proposed action, scoping meetings, and the EIS process as well as submission of written comments can be addressed to either:

Mr. Matt Wray Project Manager U.S. Army Corps of Engineers Nebraska Regulatory Office - Wehrspann Field Office 8901 S. 154th Street Omaha, NE 68138-3621 (402) 896-0896 or

Mr. Matthew Pillard

3 Project Manager HDR Engineering, Inc. 8404 Indian Hills Drive Omaha, NE 68114 (402) 399-1186

Public Notices issued by for the state of Nebraska can also be obtained by visiting the Nebraska Regulatory Office web site at:

https://www.nwo.usace.army.mil/html/od-rne/pn/pn.html

4 43434 Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Notices

are contained in Army Regulations 340– Engineers, Detroit District, 477 Nebraska State Highway design 21; 32 CFR part 505; or may be obtained Michigan Avenue, P.O. Box 1027, standards. The project is needed due to from the system manager. Detroit, MI 48231–1027. interrupted use, high maintenance, FOR FURTHER INFORMATION CONTACT: Ms. roadway stability issues, driver safety RECORD SOURCE CATEGORIES: Florence Bissell at (313) 226–3510 or at during high water events, and the From the individual; Army records [email protected]. importance of maintaining Nebraska and reports. Written comments are to be provided to Highway 12 as a regional transportation EXEMPTIONS CLAIMED FOR THE SYSTEM: Ms. Bissell. corridor. Alternatives under consideration include: (1) Taking no None. SUPPLEMENTARY INFORMATION: Construction of a replacement lock at action; (2) re-construction on existing [FR Doc. E8–17035 Filed 7–24–08; 8:45 am] the U.S. Army Corps of Engineers Sault alignment; (3) providing a new two-lane BILLING CODE 5001–06–P Locks Complex on the St. Mary’s River, highway on new alignment; (4) reducing Michigan was proposed following a or eliminating existing flooding through 1976 resolution of the Senate Public evaluation of methods to reduce Lewis DEPARTMENT OF DEFENSE Works Committee to determine the and Clark Lake elevation through advisability of providing additional operations and/or maintenance. NDOR Department of the Army lockage facilities. It was recommended and Corps have not selected a project that a lock of greater dimensions replace alternative but will be exploring a range Department of the Army; Corps of two smaller locks, the Davis and Sabin of alternatives through the National Engineers Locks, which were constructed during Environmental Policy Act (NEPA) Availability of Information Bulletin, for World War I. The proposed lock would process. Additional alternatives will be a Replacement Lock, Sault Locks be capable of handling the Great Lakes considered during the NEPA process. Complex, Sault Sainte Marie, MI System’s largest vessels (Class C) which Construction of the project is expected account for more than half of the to result in temporary and permanent AGENCY: Department of the Army, U.S. potential carrying capacity of the Great impacts to jurisdictional waters of the Army Corps of Engineers, DoD. Lakes fleet and currently are limited to United States, thereby requiring a Clean ACTION: Notice of availability. lockage through the Poe Lock. A Water Act section 404 permit. disruption of the Poe Lock would result The Corps has prepared a scoping SUMMARY: The U.S. Army Corps of in significant national economic document to familiarize other agencies, Engineers (USACE), Detroit District, is consequences therefore a second lock of the public and interested organizations issuing this notice to announce the the Poe Lock dimensions is needed. with the preliminary project alternatives availability of an Information Bulletin Congress has provided, in the Water and potential environmental issues that for a proposed Replacement Lock, Sault Resources Development Act of 2007 that may be involved. The scoping document Locks Complex, Sault Sainte Marie, MI. such a lock be constructed at Federal includes a description of the problems This bulletin provides information on expense and funding has been that create the need for the project, a the National Environmental Policy Act appropriated to initiate construction. preliminary list of project alternatives, (NEPA) review of the project that was Dated: July 18, 2008. and various environmental/resource presented in the Great Lakes Connecting Les E. Weigum, issues that will be addressed in the EIS. Channels and Harbors Final Interim Chief, Environmental Analysis Branch. Copies of the scoping document will be Feasibility Report and Environmental available at the public scoping meeting [FR Doc. E8–17073 Filed 7–24–08; 8:45 am] Impact Statement (EIS), 1986 and a or can be requested by mail. The EIS Record of Environmental Consideration, BILLING CODE 3710–GA–P will be prepared according to the Corps’ 2000. Based upon the review of current procedures for implementing the site conditions and project plans, it DEPARTMENT OF DEFENSE National Environmental Policy Act appears that no new environmental (NEPA) of 1969, as amended, 42 U.S.C. impacts or issues have been identified Department of the Army; Corps of 4332(2)(c), and consistent with the since the 1986 FEIS and the 2000 Engineers Corps’ policy to facilitate public Record of Environmental Consideration understanding and review of agency for the project. The planned Intent To Prepare an Environmental proposals. construction of a second large lock at Impact Statement for Nebraska; DATES: A public scoping meeting will be Sault Sainte Marie, MI, has been Department of Roads Nebraska held on August 28, 2008, from 6 p.m. to adequately assessed in accordance with Highway 12 Niobrara East and West 8:30 p.m. NEPA and a Record of Decision (ROD) Project should be signed to allow construction ADDRESSES: The public scoping meeting to begin. The Bulletin is being provided AGENCY: Department of the Army, U.S. will be held at the WFLA Conference for information and to solicit comments Army Corps of Engineers, DoD. Center located on Spruce and Park on any changed conditions or ACTION: Notice of intent. Avenue in, Niobrara, NE 68760. FOR FURTHER INFORMATION CONTACT: anticipated impacts that may effect the SUMMARY: The U.S. Army Corps of decision to sign the ROD. Engineers (Corps) is preparing an Questions regarding the proposed action DATES: The Information Bulletin will be Environmental Impact Statement (EIS) and EIS should be addressed to Matt available for public review from July 25, to analyze the direct, indirect and Wray, Project Manager, U.S. Army 2008 through August 25, 2008. Written cumulative effects of a proposed Corps of Engineers, Nebraska Regulatory comments must be received by Nebraska State Highway project, Office, Wehrspann Field Office, 8901 S. September 2, 2008. Nebraska Highway 12 Niobrara East and 154th Street, Omaha, NE 68138–3621 or ADDRESSES: You may request a copy of West Project (project), by the Nebraska at (402) 896–0896; the Information Bulletin from Ms. Department of Roads (NDOR). The [email protected]. Florence Bissell, Environmental project will provide a safe regional SUPPLEMENTARY INFORMATION: The Analysis Branch, U.S. Army Corps of transportation corridor that meets Nebraska Department Roads (NDOR) is

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responsible for providing a safe, Nebraska Highway 12 is located. In DEPARTMENT OF DEFENSE efficient, affordable, environmentally addition, system releases from upstream compatible and coordinated statewide reservoirs as part of the Missouri River Department of the Army; Corps of transportation system for the movement mainstem system, can provide constant Engineers of people and goods. NDOR has water levels. Additionally, large releases Notice of Availability of the Draft identified two segments of Nebraska of water can sometimes last for many Supplemental Environmental Impact Highway 12 that have experienced months causing roadway saturation. The Statement (DSEIS) for the Nourishment flooding and damage due to high water increased silt load coming into the lake levels associated with the Missouri of 25,000 Feet of Beach in Topsail from the Missouri River tributaries, Beach, Pender County, NC River. Segment 1 is approximately 6.4 primarily the Niobrara River and Bazile miles long and extends from just east of Creek also contributes to roadway AGENCY: Department of the Army, U.S. Verdel on the west end to 2 miles west saturation. The confluence of the of the bridge over the Niobrara River. Army Corps of Engineers, DoD. Niobrara River and the Missouri River is Segment 2 is approximately 6 miles long ACTION: Notice of availability. just west of the town of Niobrara. The and extends from just east of Spruce water from these tributaries slows as Avenue in Niobrara to approximately 1 SUMMARY: The U.S. Army Corps of mile east of S–54D. Problems associated they enter the Missouri River and Engineers (USACE), Wilmington with this portion of Nebraska Highway sediment is deposited creating a fill area District, Wilmington Regulatory Field 12 include high maintenance, driver that restricts the channel and raises the Office has received a request for safety, and disruption in use. The bed of the river. This causes the area of Department of the Army authorization, following summarizes the issues that the lake to increase in dimension as pursuant to Section 404 of the Clean create these problems: well as raising the water table. High Water Act and Section 10 of the Rivers Roadway Stability: Due to high water water levels create conditions of long- and Harbors Act, from the Town of levels and overtopping of Nebraska term saturation of the roadway Topsail Beach to conduct a one-time Highway 12 in the project area, the embankment, thus creating the potential interim beach fill project to protect stability of the roadway is threatened. for roadway embankment erosion. oceanfront development and Gavin’s Point Dam on the Missouri Driver Safety: Portion of Nebraska infrastructure until such time that a River was built in the 1950’s near Highway 12 are exposed to regular federally authorized shore protection Yankton, South Dakota, creating Lewis flooding. Roadway flooding is a concern project can be implemented. While and Clark Lake (lake). The lake has for driver safety because even if the road federal budget priorities have made it caused the water table adjacent to the is marked closed, motorists may choose difficult to obtain funds for civil works Missouri River to rise. Nebraska to drive through flooded roadways. projects in general and beach protection Highway 12, which runs parallel to the projects in particular, the projected Missouri River, is affected where it Nebraska Highway 12 in this location does not have lighting and the inherent earliest construction date for the federal crosses into the Missouri River project is 2012. A Draft General dangers of driving through flooded floodplain east and west of Niobrara, Reevaluation Report—Environmental roadways exist. In 1995, the Corps Nebraska. About eight miles of Nebraska Impact Statement (GRR–EIS) has been implemented an interim fix by raising Highway 12 runs through the prepared by the USACE and was floodplain. About half of this length is the gradeline of Nebraska Highway 12 released for public review and comment located to the east and half to the west by several feet on two short highway in June 2006 (USACE, 2006). Given the of Niobrara, in Knox County, Nebraska. segments to alleviate the immediate current status of the GRR–EIS and the The distance between Nebraska flooding problems. The resultant need for Congressional authorization, Highway 12 and the Missouri River roadway is narrow with shoulders that funding, preparation of plans and bank differs, but some areas are as close are not adequate in width, and steep specifications, and right-of-way as two to three thousand feet. Due to the foreslopes. Cable guardrail was installed acquisition, the federal project may not location of Nebraska Highway 12, the to help protect vehicles from running off be implemented until Fiscal Year 2012, following road related issues are the road and into the water. Due to the or possibly later. Accordingly, the Town present: narrow roadway, the cable guardrail is would like to construct an interim (1) Roadway inundation: When high close to the edge of the driving lane. project to protect its development and water events occur on the Missouri A public scoping meeting will be held infrastructure during the period River, portions of Nebraska Highway 12 between now and the time the federal are under water. This jeopardizes the (see DATES) to describe why the project project is constructed. In order to integrity of the roadway due to is needed, preliminary alternatives, the account for any possible delays in the saturation of the roadway bed. This can NEPA compliance process and to solicit construction of the federal project, a create roadway sloughing and potential input on the issues and alternatives to construction date of 2016 was used in for failure. Bazile Creek enters the river be evaluated and other related matters. the development of the alternatives and east of Niobrara, NE where it intersects Written comments will also be economic analysis for the interim Nebraska Highway 12. During high requested. The Corps has invited the project. This would maintain the water events on Bazile Creek, Nebraska U.S. Environmental Protection Agency, baseline conditions described in the Highway 12 becomes flooded. The National Park Service, U.S. Fish and Draft GRR and EIS. flooding has occurred numerous times Wildlife Service, and Knox County to be in the past. cooperating agencies in the formulation ADDRESSES: Copies of comments and (2) Roadway saturation: High water of the EIS. questions regarding the DSEIS may be levels adjacent to Nebraska Highway 12 addressed to: U.S. Army Corps of are the result of the lake. The lake is a John L. Moeschen, Engineers, Wilmington District, man-made reservoir located behind Nebraska State Program Manager, Regulatory Regulatory Division. ATTN: File Gavin’s Point dam. The lake has Branch. Number SAW–2006–40848–071, Post contributed to the rising water table [FR Doc. E8–17077 Filed 7–24–08; 8:45 am] Office Box 1890, Wilmington, NC throughout the floodplain where BILLING CODE 3710–62–P 28402–1890.

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