APPENDIX K Public Involvement r.'P'r:'I ~
FOR IMMEDIATE RELEASE
Comments Requested on the Nebraska Highway 12 – Niobrara East & West Project
May 2, 2019 - The U.S. Army Corps of Engineers (Corps) is preparing an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) for Nebraska Highway 12 (N-12) Niobrara East & West (Project) in Knox County sponsored by the Nebraska Department of Transportation (NDOT). NDOT proposes an on-alignment route constructed under traffic. Alternatives to this proposal will be evaluated during the NEPA process.
In March 2019, northeast Nebraska experienced severe flooding that impacted homes, farms, businesses, and Nebraska’s transportation system. The east and west portions of N-12 that are a part of the Project were impacted by flooding. NDOT continues to focus on recovery efforts across the state in addition to the commitment and delivery of projects already underway. Please see the Nebraska 511 website (https://www.511.nebraska.gov/) for current status of road closures, detours (if applicable), and status of re-opening.
At this time, NDOT is proceeding with the N-12, Niobrara East & West Project. The Corps is developing a Supplemental Draft Environmental Impact Statement (SDEIS) for the Project. A Draft EIS for this project was released on October 9, 2015, with a base-of-bluffs preferred alternative (A7). A public open house and hearing was held on November 9, 2015. After the public comment period ended, NDOT elected to withdraw its Section 404 permit application on November 20, 2015. Since that time, NDOT has developed a modified project purpose and need, and alternatives responsive to this purpose and need. The SDEIS is intended to analyze and disclose the direct, indirect and cumulative effects on the human and natural environment of various alternatives that would remedy the flooding and roadway deficiencies of the existing roadway.
The Corps is soliciting written comments during the 21-day public scoping period from the public; federal, state, and local agencies and officials; Native American Tribes; and other interested parties. All written comments must be submitted to Ms. Becky Latka at the address listed below by May 24, 2019.
Next, the SDEIS will be developed and released to the following Federal, State, and local cooperating resource agencies for their review and comment the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency, the Federal Highway Administration, Nebraska Game and Parks Commission, Nebraska Department of Environmental Quality, and the Knox County Board of Supervisors.
NDOT will apply for a Section 404 Clean Water Act permit from the Corps for the project. The SDEIS will then be released to the public, anticipated in fall 2019. A public notice of the SDEIS release will be published and a timeframe for a public comment period will be provided.
Information made available to the public is available on the N-12 Project website at: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nebraska/EIS-Highway-12/
Questions regarding the project, the EIS process, or the anticipated schedule, as well as submission of written comments, can be addressed to: Ms. Becky Latka Project Manager U.S. Army Corps of Engineers 1616 Capitol Avenue Omaha, NE 68102 Phone: (402) 995-2681 E-mail: [email protected]
Draft EIS in the published 5/ 2 works for Hwy. 12 'rhe U.S . ,\nny Corps of 6nginec:l's-Ornaha Ois tnct is beginning \\•ork on a supplemental dt':lft en vironmental 1mpa~'t statement for tbe Highway 12 road project in Knox Collllty, Ncbt'tlska, n ,e Cotps received a letter from the Nebrn:;ka Deprutrnent ofTrnnsponutiou in Novembel' 2018, md,cating that the NOOT intends LO pursue a r()(ld rcbab1litmion r>roject 011 the existing rood that max. nuizes the use oflhe existing 1'0adway, raising tbe road to the 100.ye.ir floo,1 elevation. NDOT is proposing to cousu-uct ibe project under traffic. N'DOT's proposed project is smaller in scope and lower i.11 roadway elcvauon than al tcmati,•es previously evnluated m the 2015 Draft llJS, but locmcd within the same g.eogropbic ru-ea. A 2015 Draft EIS of1m:vious alternatives was released 0 11 Oct. 9. 2015, containing four nllema tives designed to the I 00-yenr elevation. 50 years out.111edraft BIS wns in response to NDOT's Sec• tlon 404 ( Clean Water Act) apphcatiou for Altern~ tivc A 7, located nt the base oftbe bluffs. A public be.1rit1g w:1.1 held 0 11 Nov. 9, 2015. A Iler bear111g public coucems, the NDOT withdrew tlicU' ap1>li calion for A7 , indicn1mg ilia! lhey would conlmue H> work with the public on a different altemauve, USA CE will be preparing n. uotice of intent to prepare a snppleincntal dra1t ers for the Federal Register, anticipated to be publislied in late Mlll'ch. 1'hc NOi will have addlhonal intbrmation on NDOT's pl'Oposcd project and nltcmath es, and "~II include ru1uwitation for the pubhe to c-0mmelll on 1he proposal. lo nJdition, another p•ress release will be sent out concum:nt with the NOi, requesting public conuncol. C(llnments R~uestod on lfl• Nebnska Highway 12· Niobf'ant Ent · •nd Wut PToject • The U.S. Army Cotp,; QI Engin88'$ (Corpe) i8 p,epaitig an Environm(lnt;JI Im The pact Sia1emen1 (BS) in accordance wait tne National Envlrot1mcma Polity Act (NEPA) !Of Nebr11Ska H;gf,way 12 {N-12} Niobrara Tribune Nlot:wsrs Ent ancl West (Prqeci)i'I Kno)( County spon&Ot8d by !he Nebraska Dc, Pef 20, 2015. Sine. th.at time. NOOT h89 developed a modi- f,cd projed purpose end need, and allat• The annoxed notice was publlshed In sakl 08'NSpeper nMiwii; rosl)On&ivt to u,19 purpose al\d need. The SOEIS is intarded to analyze and d!sdo&e the dlr.ct, Wldire
AFFIDAVIT OF PUBLICATION
YANKTON DAILY PRESS AND DAKOTAN
HDR 1917 S 67TH STREET OMAHA NE 68106
STATE OF SOUTH DAKOTA COUNTY OF YANKTON
KELLY HERTZ, BEING FIRST DULY SWORN ON OATH DEPOSES AND SAYS THAT (S)HE IS THE MANAGING EDITOR OF YANKTON MEDIA INC, A CORPORATION, THE PRINTER AND THE PUBLISHER OF THE YANKTON DAILY PRESS AND DAKOTAN, A LEGAL DAILY NEWSPAPER PUBLISHED AND CIRCULATED IN THE CITY OF YANKTON, SAID COUNTY AND STATE, AND ONE OF THE OFFICIAL NEWSPAPERS OF THE SAID COUNTY OF FACTS STATED IN THIS AFFIDAVIT; THAT THE ANNEXED 5 + 2 COMMENTS REQUESTED ON
TAKEN FROM THE PAPER, IN WHICH IT WAS LAST PUBLISHED IN THE NEWSPAPER ON THE 2nd DAY OF May, 2019 THJ:\T THE FULL AMOUN.T OF THE FE.E CHARGED FOR THE PUBLICATION OF SAID NOTICE TO WIT $36.96 ENSURES TO THE BENEFITS OF THE PUBLISHER OF SAID NEWSPAPER AND THAT NO AGREEMENT AND UNDERSTANDING FOR THE DIVISION THEREOF HAS BEEN MADE WITH ANY OTHER PERSON, AND THAT NO PART THEREOF HAS BEEN AGREED TO BE PAID TO ANY PERSON WHOMSOEVER.
PUBLISHED ON: 05/02/2019
FILED ON: 05/02/2019 Ad
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Becky Latka Project Manager U.S. Army Corp of Engineers 1616 Capitol Ave. Omaha, NE 68102
RE: Highway 12 project
Dear Ms. Latka:
The project under consideration regarding the raising of Highway 12 must consider the situation with Ponca Creek as it runs east of Rayder Swanson Road.
The creek has become chocked with sediment as a consequence of the buildup from Gavin's Point Darnand threatens areas to the north.
Any consideration of elevating Highway 12 in this area must consider dredging the Ponca Creek channel and or installing proper dikes to protect farmlands and residences to the north.
The area immediately threatened is Lazy River Acres which consist of over two hundred (200) homes and is vital to the economy of Knox County, Nebraska. The threat to this area is a consequence of decades of lack of response to the sedimentation issue and must be considered in any settlement between the Nebraska Department of Transportation and the United States.
Raising Highway 12 and its connection to Rayder Swanson Road will not solve this problem,.
MCH/bd Ms. Becky Latka, Project Manager U.S. Army Corps of Engineers, 1616 Capital Avenue, Omaha, NE 68102
May 21, 2019
Re: Comment on N-12 Niobrara East and West Project
Sent by email: [email protected]
Dear Ms. Latka:
This project cannot be approved unless the final scope of the project includes and eliminates the damages from Ponca Creek flooding.
Unless these problems are addressed and permanently resolved, reliable access to Lazy River Acres near Verdel, Nebraska (approximately 200 homes and a restaurant/convenience store and rental cabins, and the Missouri River public access and boat landing) will be threatened, affecting public safety, emergency fire and medical services to the area.
The Ponca Creek flooding is caused by sediment that has built up in its channel that causes it to overflow its banks at lower than normal stages, undermining and closing Rayder Swanson Road and threatening to flood Lazy River Acres.
The Highway 12 project will be funded by a pending settlement between appropriate agencies of the State of Nebraska (Department of Transportation) and the United States that is funding this project because of its responsibility for the consequences of the sediment that has built up in this region of the Missouri and Niobrara Rivers, including the Ponca Creek and other tributaries.
The Ponca Creek flooding must be addressed as a part of this project. The current design proposal to construct a connector road from the proposed elevated new Highway 12 to the Ponca Creek bridge does not effectively address the entire problem. As is, without a comprehensive solution,s t hiproposal i s not adequate. Appropriate engineering solutions would have to include a combination of culverts, a levee on the north bank of the Creek, dredging to deepen the channel to contain it from spreading flood waters to the north and protection of Rayder Swanson Road.
Please do not hesitate to call me if you have any questions or would like to discuss this situation. All of us in Lazy River Acres and everyone who accesses the Missouri River at the public landing are very concerned.
Also, please reply to this email to confirm your receipt of this comment.
Very truly yours, From: Latka, Rebecca J CIV USARMY CENWO (US) To: Pillard, Matt; Schnoor, Meagan Subject: FW: Comment on N-12 Niobrara East and West Project Date: Wednesday, May 29, 2019 8:58:44 AM Attachments: Highway 12.doc
Becky-- We had a telephone call yesterday afternoon with Steve McCullough, NDOT. It was a very good call. The subject of the call was to bring him up to date regards our concerns for this project, particularly the situation involving Ponca Creek. The current situation is that Ponca Creek is over its bank again, and Rayder Swanson road is closed. As per my earlier comment, this situation is an emergency response issue, and it is of concern to everyone (fire trucks, medical access by ambulance, utility service, etc.). To be as clear as I can, this situation is attributable to the sediment in Ponca Creek, and perhaps it is possible for the USACE, Knox County, NDOT (the State) to use available emergency or other funds to address this problem. There is ambiguity as to what is in the scope of this project, and what is or should be included. In any case, the problem is attributable in no small respect to the sediment that has built up in the Creek.
Please include this with my earlier comment. Again, thanks for all your help.
Dear Rebecca Latka-
Attached is my comment letter we discussed yesterday. Please reply that you have received it. Many thanks. Subject: RE: here's my email
Thanks much. Good chat today. From: Latka, Rebecca J CIV USARMY CENWO (US) To: Pillard, Matt; Schnoor, Meagan Subject: FW: [Non-DoD Source] Highway 12 Project Date: Wednesday, May 29, 2019 8:58:41 AM
Another comment.
Becky
-----Original Message-----
Sent: Friday, May 24, 2019 2:13 PM To: Latka, Rebecca J CIV USARMY CENWO (US)
Hi Becky, hopefully this letter will make it in time to be considered on the upcoming Highway 12 Project, East and West of Niobrara. The NDOT has been very gracious in listening to the local input to the project. They have agreed to keep the Highway open during construction, which is vitally important to the areas economy. We rely on tourists throughout the year to keep our businesses and economy running, cutting off access would be devastating to the farm and small business economy in the area. I would like to comment on the construction of Highway 12 in Raymond Township which is in the western stretch of the project. As you are very aware sedimentation of the local rivers and creeks is having an adverse affect on the area, and thus the reason for the Highway 12 project. The area known as “Lazy River Acres” is being threatened by Ponca Creek, this springs flooding has exasperated the problem greatly. Approximately 260 people are in the area during prime weather times and an increasing year around population calls the area home. My wife & I are EMT’s, and are the only quick response option for medical problems in this area since the Niobrara bridge has washed out. We have a pickup with a back seat full of medical supplies and equipment and will do the best we can in this situation. Fire response would have to come from Lynch, as Niobrara would be unable to respond. Lazy River Acres also is served by Blue Moon Resort, which is severely affected by Ponca Creek flooding. Since the historic flooding this spring, Rayder Swanson Road has been under water and impassable about 1/2 the time. As we approach Memorial Day weekend, the road is closed due to flooding. The only alternate access is known as goat road, which as the name suggests is a minimally maintained township road,. In bad weather, this road is very difficult and unsafe for the amount of traffic it will face this weekend. In my opinion, this problem is the same as the reason for raising of highway 12 and should be cost effectively be addressed at the same time. In fact it should be addressed at least in part sooner to provide emergency access to a sizable population. I have had, and will continue to have a good relationship with the Corp of Engineers, I would hope that a effective line of communication between the Corps, the State of Nebraska, Knox County and area residents can be opened to discuss the problem. I would be available to facilitate such communication if you can help me to do so. I appreciate your time, Thanks again. www.nwo.usace.army.mil/Missions/Regulatory-Program/Nebraska/EIS-Highway-12