Little Rock District Environmental Assessment Beaver Lake Shoreline
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Little Rock District Environmental Assessment Beaver Lake Shoreline Management Plan Revision August 2018 This page left intentionally blank DEPARTMENT OF THE ARMY LITTLE ROCK DISTRICT, CORPS OF ENGINEERS POST OFFICE BOX 867 LITTLE ROCK, ARKANSAS 72203-0867 www.swl.usace.mil/ CESWL-PM 9 August 2018 MEMORANDUM FOR Commander, SWD USACE (CESWD-PDP/Mr. Saji Varghese), 1100 Commerce St., Dallas, Texas, 75242-1317 SUBJECT: Beaver Lake final draft Shoreline Management Plan, final draft Environmental Assessment, and final draft Finding ofNo Significant Impact. Project Number 455005. 1. The CESWL-PM herein submits the Beaver Lake Final Draft Shoreline Management Plan, Final Draft Environmental Assessment, and Final Draft Finding ofNo Significant Impact (FONS I) for the subject study. The report and supporting materials are enclosed for final policy review prior to approval ofthe report package bythe Southwestern Division and signing ofthe FONS I by the Di vision Commander. 2. Based on ER 1105-2-100 Appendix H (Exhibit H-7) and Planning Bulletin No. PB 2013-03, the final draft report submittal package is enclosed electronically. 3. Ifyou have any questions or discussion please contact Mr. Craig Pierce, Deputy District Engineer for Project Management at ( 50 1) 3 40-1 0 64 or [email protected]. Encl ROBERT G. DIXON Colonel, EN Commanding LEGAL CERTIFICATION SHORELINE MANAGEMENT PLAN WITH ASSOCIATED ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT BEAVER LAKE, ARKANSAS The undersigned has reviewed the subject Shoreline Management Plan, which shall be signed under the authority of the Flood Control Act (16 USC 460d); the Rivers and Harbors Act of 1894 (33 USC 1); the Water Resources Development Act of 1986 (Pub. L. 99-562); the Corps' implementing regulations ( 33 CFR 320.1 and 36 CFR 327.0); and Engineering Regulation 1130-2-406. The undersigned has also reviewed the associated Environmental Assessment and Finding of No Significant Impact, which were prepared under the National Environmental Policy Act of 1969 (42 USC 4321) and the Corps' implementing regulations (33 CFR 230). The Shoreline Management Plan with its associated Environmental Assessment and Finding of No Significant Impact are legally sufficient and can be executed upon the approval of the Commander, Southwestern Division, USACE. Digitally signed by us Army Corps BOUCHARD.J ACQUELINE.ELIZAB of Eng i nee rs ~ I ETH.1174872445 ml Date: 2018.09.28 16:16:49 -05'00' Date: September 28, 2018 Jacqueline Bouchard District Counsel, SWL DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, SOUTHWESTERN DIVISION 1100 COMMERCE STREET, SUIRE 831 DALLAS, TX 75242-1317 CESWD-PDO MEMORANDUM FOR Commander, Little Rock District (CESWL-DE/ Colonel Robert G. Dixon) 700 W. Capitol Avenue, Federal Building 7th Floor, Little Rock, AR 72203 SUBJECT: Approval of Beaver Lake Shoreline Management Plan and Environmental Assessment FONSI 1 . References: a. Memorandum CESWL-PM, 18 May 2018, Beaver Lake, Arkansas; Beaver Lake Shoreline Management Plan Revision. b. Beaver Lake Shoreline Management Plan 2018. c. Beaver Lake Environmental Assessment 2018. 2. The Beaver Lake Shoreline Management Plan and the associated Finding of No Significant Impact statement (FONSI) are approved. Enclosed is the signed FONSI. 3. This letter serves as the approval for the Beaver Lake Shoreline Management 4. The SWD point of contact for this action is Andrea Murdock-Mcdaniel, Chief of Operations and Regulatory, CESWD-PDO, at 469-487-7059. Digitally signed by ---:-'\~// OWENPAUL.EDWA ~ ~ RD.1142693433 Date 20181004 20 05 57 -05'00' 1 Encl PAULE. OWEN, P.E. Brigadier General, USA Commanding FINDING OF NO SIGNIFICANT IMPACT (FONSI) NAME OF PROPOSED ACTION: Beaver Lake Shoreline Management Plan (SMP) Update PURPOSE AND NEED FOR THE PROPOSED ACTION This revised Shoreline Management Plan is the required U.S. Anny Corps of Engineers (Corps) approval document (Title 36, Section 327.30 and ER 1130-2-406) that protects and manages shorelines ofUS ACE Civil Works water resource development projects under Corps jurisdiction in a manner that promotes safe and healthful public use ofshorelines while maintaining environmental safeguards. The objectives ofmanagement actions in this SMP are to balance permitted private uses and natural resource protection for general public use. This SMP revision replaces the last updated 1998 Beaver Lake SMP. With the proposed Shoreline Management Plan revision, an Environmental Assessment (EA) is being completed to evaluate existing conditions and potential impacts ofproposed alternatives. The EA is prepared pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality (CEQ) regulations ( 40 CFR, 1500-1517), and the Corps implementing regulation, Policy and Procedures for Implementing NEPA, ER 200-2-2, 1988. ALTERNATIVES: Two alternatives were evaluated for the draft EA: • Alternative 1 (No Action) • Alternative 2 (Limited Growth-Selected) Other alternative scenarios were evaluated during the alternatives formulation process, including an extreme conservative option which consisted ofelimination of all LDA zoning. The conservative direction is supported by Beaver Lake having a third of existing Limited Development Areas (LDA) filled with boat docks, and can be supported by the recent carrying capacity results. The only new access opportunities would be through marinas and launch ramps. Evaluation ofpublic scoping comments indicated that the majority ofthe public would not favor these limitations, so this potential alternative was screened out. A more liberal scenario was also evaluated during the process, which proposed an open zoning period for an established time frame where the public could request zoning adjoining to their property. These zoning requests would still have to meet the physical criteria established for placing boat docks on the lake. At the end ofthe designated time period the shoreline would be closed to additional zoning. Again, based on the preponderance of public comments wanting the lake to remain as is, limiting development and growth, and maintenance of existing water quality, this liberal scenario was also screened out. The alternatives carried forward for additional evaluation are discussed below. No Action (Alternative 1): The No Action Alternative land allocation, which is based on the 1998 shoreline management plan, will retain 137.6 miles of LDA shoreline, representing 28.1 % ofthe total shoreline miles. Public Recreation Areas (PRA) include 76.8 miles (15.7%), Protected lands allocation include 270.2 miles (55.1 % ), while Prohibited lands comprise 5.6 miles or 1.1% ofthe total 490.1 miles ofshoreline. Limited Growth (Alternative 2-Selected): The Selected Alternative shoreline allocation will reduce the LDA to 134.4 miles of shoreline, representing 27.4% ofthe total shoreline miles. PRA are reduced to 63.6 miles (13%), Protected lands allocation is increased to 284.4 miles ( 5 8% ), while Prohibited lands comprise 7. 8 miles or 1. 6% ofthe total 490 .1 miles ofshoreline. Components ofthis alternative that differ from the No Action Alternative include: Shoreline Allocations (Zoning) • Park Buffers allocation name changed to Public Recreation Areas. • Certain Public Recreation Areas around the lake have been reduced, thus allowing the potential for vegetation permits in some areas where previously not allowed. • Docks with an approved location outside of Limited Development Areas (LDA) prior to 2015 have been placed in LDA. Private Floating Facilities (Docks) • New permits will be issued for new docks containing a range of 1 to 20 slips. • The density of development (Maximum Density) will not exceed 50 percent ofthe shoreline allocated for limited development when the lake level is at the top ofthe conservation pool. • There is now a threshold ofboats on the water at one time. New permits will only be issued to adjoining landowners who meet the access requirements. • Two printed and one electronic set ofengineer stamped plans ofthe entire facility are required for new and any modifications to existing facilities. In addition to the actual structure, plans must include all amenities, including but not limited to, lockers/storage, PWC moorage, and solar battery storage. • Maximum size slip has changed from to 12' x 30'. • Only alternative power sources (e.g. solar) will be allowed for new floating facilities or those existing facilities without service. Existing docks can maintain electrical systems as previously approved. Docks with overhead or underground electrical systems may be modified to accommodate additional electrical needs. • PWC lifts attached to the dock must be owned/used by a slip owner in the dock. • Only galvanized, brown, green, or blue roofs will be allowed for new construction. • Permit applicants must own at least 75 feet of common boundary (within Limited Development Areas) to be considered for a dock. Vegetation Modification Permits • Mowing and/or underbrushing will not be permitted across any natural or manmade break in vegetation such as a road, creek, electric distribution line, etc. • Vegetation modification permits may allow the removal ofa tree or shrub 2 inches or less in diameter at ground level. Other Permits/Outgrants • No new ski course permits will be issued. Current permits can be renewed annually. • Outgrants will not be issued for new steps or stairs to access a new private floating facility. ANTICIPATED ENVIRONMENTAL IMPACTS: Consideration ofthe effects disclosed in the EA, and a finding