Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Notices 43435

responsible for providing a safe, 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 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, , 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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FOR FURTHER INFORMATION CONTACT: 2,000 feet northeast of Topsail Beach/ 2,000-foot northern transition (Figure 1). Questions about the proposed action Surf City town limits, a total ocean The beach fill would have a variable and DSEIS can be directed to Mr. Dave shoreline length of approximately width berm constructed to an elevation Timpy, Wilmington Regulatory Field 25,000 feet. The fill would consist of of +6.0 feet NAVD. The volume of Office, telephone: (910) 251–4634. three sections, a 1,000-foot transition on material for the emergency project is SUPPLEMENTARY INFORMATION: the south beginning at a point opposite based on providing erosion protection 1. Project Description. The fill Godwin Avenue, a 22,000-foot main fill until such time a federal storm damage placement area will occur between section that would extend to the Topsail reduction project is implemented. Godwin Avenue on the south to a point Beach/Surf City town limits, and a

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The volume of beach fill material could territorial limit would not meet the Alternative 3f: Borrow Areas X and A1 range from a minimal amount needed to purpose and need of the project. In with hopper dredge. counter long-term erosion losses during particular, the acquisition and Based on the goals, needs and the interim period (approximately 5 utilization of beach compatible material objectives of the emergency project, years) to a maximum amount that would for shore protection project no later than Alternative 3b is the Applicant’s include a contingency volume to March 31, 2009. Preferred Alternative. The proposed account for possible storm related A possible fourth source of borrow construction timeframe for the interim erosion losses during the time period. material, Banks Channel located behind beach fill activities will occur in early The material to construct the emergency Topsail Beach, was considered a calendar year 2009. project would be derived from an potential alternative however it has not Beach Fill Surveys & Design. Typical offshore borrow site or a combination of been evaluated in detail due to the small cross-sections of the beach along the borrow sites. The potential borrow sites volume of material that could be Topsail Beach project area will be include a portion of Borrow Area A removed from within the limits of the surveyed. Nearshore profiles will extend (Borrow Area A1) identified by the authorized navigation channel. A recent seaward to at least the ¥30-foot NAVD USACE in the Draft GRR/EIS with the maintenance operation in Banks depth contour. The total volume of area considered for the emergency Channel and Old Topsail Creek, beach fill to be placed in front of the project shown in Figure 1. Borrow Area completed in fall 2007, removed existing development and infrastructure A1 contains a total volume of approximately 160,000 cy of shoal will be based on an evaluation of approximately 2.0 million cy. The material and deposited the material erosion of the project area from 2002 second potential borrow area, along 4,000 feet of shoreline extending through the expected construction date designated as Borrow Area X in Figure north of the Sea Vista Hotel/ of the Federal project. Additional 1, was developed specifically for the Condominium. This operation further offshore and inshore data for Lea/Hutaff interim project and lies offshore of New reduced the quantity of material that Island were also obtained along the Topsail Inlet outside the areas could be used for the interim project northern 5,000 feet of the island. This investigated by the USACE. Borrow that would be available from the data was used in the evaluation of Area X also contains approximately 2.0 existing navigation channels. Upland possible impacts associated with the million cy. Borrow Area B (Figure 1) is borrow sources are not an economical removal of sediment from the selected considered as a possible source for the option for the emergency project. Cost offshore borrow area and for future interim project, however the volume of estimates for truck haul material from impact evaluations following project material available in Borrow Area B is upland borrow areas located near the implementation through the use of an estimated total volume of 820,000 Town of Wallace, NC determined the numerical modeling. gross cy with an overfill factor of 1.23 unit cost for the material was non- Geotechnical Investigations. The resulting in a potential net volume of competitive. Accordingly, upland offshore sand search investigations have suitable beach fill material of 660,000 borrow sources were not evaluated in included bathymetric surveys, sidescan cy. The superposition of the 500 m detail for the proposed emergency sonar surveys, seismic surveys, cultural buffer around the probable hardbottom project. resource surveys, vibracore collection areas located close to Borrow Area B Beach fill alternatives evaluated in and analysis, and ground-truth diver eliminated approximately 54% of the detail for the interim project are listed surveys to verify existence or non- area. The remaining area of Borrow Area below and include constructing the existence of hard bottoms. The results of B lying outside the 500 m buffer project using Borrow Area A1, Borrow the offshore investigations coupled with contains approximately 230,000 cy of Area X, or a combination of Borrow the compatibility of the sand resource relatively fine grained material (0.19 Areas X and A1. For the combined use area and native beach sand were mm mean grain size) in a shallow of Borrow Areas X and A1, only the two assessed to define the borrow area. All deposit (2 to 3 ft). The shallow nature seaward most dredge cuts of Borrow sediment compatibility assessments of the deposit in Borrow Area B would Area X would be used. This particular were based on State of North Carolina not render it economical to dredge with portion of Borrow Area X contains an sediment compatibility standards that a cutterhead pipeline dredge. estimated 784,000 cy of material. The went into effect in February 2007. Ultimately, the small volume of material Applicant’s Preferred Alternative Environmental Resource Coordination that could reasonably be obtained from includes the use of Borrow Area X & Permitting. The USACE prepared a Borrow Area B compared to the increase which contains an estimated 2.0 million General Reevaluation Report— in potential environmental resources cy of material. Two dredging methods Environmental Impact Statement (GRR– associated with the placement of were also evaluated; ocean certified EIS) for the larger federal shore pipeline around probable hardbottom or cutter-suction pipeline dredge (pipeline protection project (June 2006). The next use of a hopper dredge resulted in its dredge) and hopper dredge using direct step for the West Onslow Project is for elimination as a viable borrow source pumpout (hopper dredge). the USACE to release the Final GRR and for the Topsail Beach Interim Beach Fill The naming convention for the EIS for public and agency review and Project. In addition to the borrow areas various beach fill alternatives is as comment in summer 2008. The interim discussed above, the USACE identifies follows: beach fill project will be subject to an additional five (5) offshore borrow Alternative 3a: Borrow Area A1 with Section 10 of the Rivers and Harbors areas in Section 7.04 of the Draft GRR/ pipeline dredge. Act, Section 404 of the Clean Water Act EIS (USACE, 2006). These offshore Alternative 3b: Borrow Area X with and the North Carolina Environmental borrow areas, Borrow Areas A, C, D, E, pipeline dredge. Policy Act (NCEPA). and F, lie seaward of the 3-mile state Alternative 3c: Borrow Areas X and A1 Preliminary coordination with the territorial limit and would require with pipeline dredge. USACE-Wilmington District resulted in permits from the U.S. Minerals Alternative 3d: Borrow Area A1 with a determination that a Department of the Management Service (MMS). Usage of hopper dredge. Army Application for an Individual the USACE offshore borrow areas Alternative 3e: Borrow Area X with Permit will be needed for project located beyond the 4.8 km (3 mi) state hopper dredge. compliance with Sections 10 and 404.

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Similarly, coordination with the North in these Project Delivery Team Evaluation’’]. Persons submitting Carolina Division of Coastal meetings. comments electronically should not Management (NCDCM) determined that The COE is also consulting with the submit paper copies. the project would require a State EIS U.S. Fish and Wildlife Service under the SUPPLEMENTARY INFORMATION: Section developed in accordance with NCEPA; Endangered Species Act and the Fish 3506 of the Paperwork Reduction Act of as well as a Major Permit under the and Wildlife Coordination Act, and with 1995 (44 U.S.C. Chapter 35) requires Coastal Area Management Act. the National Marine Fisheries Service that the Office of Management and 2. Proposed Action. The scope of under the Magnuson-Stevens Act and Budget (OMB) provide interested activities for the proposed interim beach Endangered Species Act. Additionally, Federal agencies and the public an early fill project included: (a) Vibracores in the Draft Supplemental EIS has assessed opportunity to comment on information the identified borrow area, (b) side scan the potential water quality impacts collection requests. OMB may amend or sonar surveys of the ocean bottom, (c) pursuant to Section 401 of the Clean waive the requirement for public in-water investigations of potential near Water Act, and is being coordinated consultation to the extent that public shore hardbottom resources identified with NCDCM to determine the projects participation in the approval process by the side scan sonar survey, and (d) consistency with the Coastal Zone would defeat the purpose of the beach profile surveys. Offshore Management Act. The USACE will information collection, violate State or investigations included bathymetric closely work with NCDCM through the Federal law, or substantially interfere surveys, sidescan sonar surveys, seismic DSEIS to ensure the process complies with any agency’s ability to perform its and cultural resource surveys, as well as with all North Carolina Environmental statutory obligations. The Acting vibracore collection and analysis. The Policy Act (NCEPA) requirements. It is Director, Information Collection results of the offshore investigations the USACE and NCDCM’s intentions to Clearance Division, Regulatory coupled with the compatibility of the consolidate both NEPA and NCEPA Information Management Services, sand resource area and native beach processes to eliminate duplications. Office of Management, publishes that sand were assessed to define the borrow 6. Availability of the Draft notice containing proposed information area. Supplemental EIS. The DSEIS has been collection requests prior to submission 3. Issues. There are several potential published and circulated, and a public of these requests to OMB. Each environmental issues that are addressed hearing will be held August 26, 2008 at proposed information collection, in the DSEIS. Additional issues may be the Historical Society Assembly grouped by office, contains the identified during the public review Building, 720 Channel Blvd., Topsail following: (1) Type of review requested, process. Issues initially identified as Beach, NC at 6 p.m. e.g. new, revision, extension, existing or potentially significant include: Brenda S. Bowen, reinstatement; (2) Title; (3) Summary of a. Potential impact to marine the collection; (4) Description of the Army Federal Register Liaison Officer. biological resources (benthic organisms, need for, and proposed use of, the passageway for fish and other marine [FR Doc. E8–17079 Filed 7–24–08; 8:45 am] information; (5) Respondents and life) and Essential Fish Habitat, BILLING CODE 3710–GN–P frequency of collection; and (6) particularly hardbottoms. Reporting and/or Recordkeeping b. Potential impact to threatened and burden. OMB invites public comment. DEPARTMENT OF EDUCATION endangered marine mammals, birds, Dated: July 21, 2008. fish, and plants. Sheila Carey, c. Potential impacts to water quality. Submission for OMB Review; d. Potential increase in erosion rates Comment Request Acting Director, Information Collection Clearance Division, Regulatory Information to adjacent beaches. AGENCY: Department of Education. Management Services, Office of Management. e. Potential impacts to navigation, SUMMARY: The Acting Director, commercial and recreational. Information Collection Clearance Office of English Language Acquisitions f. Potential impacts to private and Division, Regulatory Information Type of Review: New. public property. Management Services, Office of Title: Foreign Language Assistance g. Potential impacts on public health Management invites comments on the Program for Local Educational Agencies: and safety. submission for OMB review as required Annual Performance Report. h. Potential impacts to recreational by the Paperwork Reduction Act of Frequency: Semi-Annually. and commercial fishing. 1995. Affected Public: Individuals or i. The compatibility of the material for household; State, Local, or Tribal Gov’t, DATES: Interested persons are invited to nourishment. SEAs or LEAs. j. Potential economic impacts. submit comments on or before August Reporting and Recordkeeping Hour 4. Alternatives. Several alternatives 25, 2008. Burden are being considered for the proposed ADDRESSES: Written comments should Responses: 127. project. These alternatives were further be addressed to the Office of Burden Hours: 6,350. formulated and developed during the Information and Regulatory Affairs, Abstract: The purpose is to scoping process and an appropriate Attention: Education Desk Officer, implement a data collection process for range of alternatives, including the No Office of Management and Budget, 725 a new semi-annual reporting for Action and Non Structural alternative, 17th Street, NW., Room 10222, Government Performance and Results are considered in the Draft Washington, DC 20503. Commenters are Act (GPRA) purposes for the Foreign Supplemental EIS. encouraged to submit responses Language Assistance Program (FLAP) 5. Scoping Process. Project Delivery electronically by e-mail to for Local Educational Agencies (LEAs). Team meetings were held to receive [email protected] or via fax These data are necessary to assess the comments and assess concerns to (202) 395–6974. Commenters should performance of the FLAP for LEAs in regarding the appropriate scope and include the following subject line in meeting its stated goals and objectives preparation of the DSEIS. Federal, state, their response ‘‘Comment: [insert OMB and report to ED’s Budget Service. and local agencies and other interested number], [insert abbreviated collection Requests for copies of the information organizations and persons participated name, e.g., ‘‘Upward Bound collection submission for OMB review

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