FINAL Programmatic Environmental Assessment Great Lakes Shoreline Stabilization Projects
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FINDING OF NO SIGNIFICANT IMPACT PROGRAMMATIC ENVIRONMENTAL ASSESSMENT FOR GREAT LAKES SHORELINE STABILIZATION PROJECTS The Federal Emergency Management Agency (FEMA) has completed a Programmatic Environmental Assessment (PEA) in accordance with the National Environmental Policy Act (NEPA); National Historic Preservation Act (NHPA) and tribal considerations; Endangered Species Act (ESA); Executive Orders (EO) addressing Floodplains (EO 11988), Wetlands (EO 11990), and Environmental Justice (EO 12898); and agency guidance for implementing NEPA (DHS Instruction 023-01 and FEMA Directive 108-01-1). The PEA is hereby incorporated by reference. BACKGROUND The PEA evaluated the impacts of FEMA-funded shoreline stabilization projects and commonly connected actions along the Great Lakes shorelines in the states of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. The purpose of shoreline stabilization assistance provided through FEMA’s Hazard Mitigation Assistance and Public Assistance grant programs is to reduce risks associated with erosion hazards that affect people, structures, and infrastructure by mitigating the effects of flowing water, wave, or wind action. There is an increasing need to provide effective stabilization measures along the shorelines of the Great Lakes because water levels on the lakes, despite being highly variable over the long term, have been rising since 2014. During periods of high water levels and high wave action, structures and beaches become submerged, lakebeds experience downcutting, and rates of shoreline and bluff erosion and recession increase. During these periods of high water or increased erosion, the risk of bluff failure increases, putting nearby structures, utilities, and transportation infrastructure at higher risk of damage or closure. The PEA evaluated two alternatives: (1) No Action and (2) Proposed Action and Connected Actions. Several other alternatives were considered and eliminated from evaluation and these are described in the PEA with the reasons for their elimination. The Proposed Action and Connected Actions includes the following shoreline stabilization activities and common actions connected with those shoreline stabilization activities: • Bioengineering Stabilization Measures o Bank Regrading/Stabilization o Marsh and Wetlands Creation, Restoration, or Enhancement o Beach/Dune Nourishment • Hard Stabilization Measures o Revetments o Bulkheads and Seawalls o Breakwaters o Groins and Jetties • Connected Actions o Infrastructure Relocation or Repair o Piers and Boardwalks Finding of No Significant Impact Great Lakes Shoreline Stabilization Projects Programmatic Environmental Assessment Page 1 June 23, 2020 o Rain Gardens and Bioswales o Structure Acquisition and Demolition or Relocation Based on a preliminary screening of resources and the geographic location of the Proposed Action and Connected Actions, the PEA found that seismic risks and geology did not require a detailed assessment. During the construction period for each project, there may be short-term impacts on soils, air quality, climate, visual resources, water quality and resources, floodplains, wetlands, coastal resources, navigation, wild and scenic rivers, vegetation and invasive species, fish and wildlife, threatened and endangered species, cultural resources, public health and safety, noise, traffic and transportation, public services and utilities, and hazardous materials. All potential short-term impacts require conditions to avoid, minimize, and mitigate impacts. With the implementation of these conditions, none of the potential impacts will be significant. In the long-term, the Proposed Action and Connected Actions will have beneficial effects on several resources. The PEA is intended to facilitate FEMA’s compliance with environmental and historic preservation requirements by providing a framework to address the potential impacts of shoreline stabilization actions. Each project will be evaluated to ensure that it is encompassed by the range of activities and potential impacts described in the PEA. A finding that the project conforms to the PEA must be documented. The compliance checklist in Appendix A is provided to facilitate project-level reviews. All projects using the PEA must undergo standard compliance procedures with regard to other federal laws, as described in the checklist (e.g., ESA, NHPA, and EOs 11988, 11990, and 12898). Additional project-specific analyses may be required if the context and intensity of a proposed project substantively differs from those described in the PEA. Projects that either do not meet the thresholds described in the PEA, create impacts not described in the PEA, create impacts greater in magnitude, extent, or duration than those described in the PEA, or require mitigation measures to keep impacts below significant levels that are not described in the PEA, would require the preparation of a supplemental environmental assessment (SEA) or environmental impact statement to evaluate the specific action. PUBLIC INVOLVEMENT FEMA issued a public notice of intent (NOI) to prepare the draft PEA. The notice of intent was published in the newspapers listed in Table 1 below. The notice of availability (NOA) for the draft PEA was published in the same newspapers. The draft PEA was available for public review and comment between April 12, 2021 and May 12, 2021. Finding of No Significant Impact Great Lakes Shoreline Stabilization Projects Programmatic Environmental Assessment Page 2 June 23, 2020 Table 1. NOI and NOA Newspaper Publication Date NOI Date NOA State Municipality Newspaper Published Published Illinois Chicago The Chicago Tribune 10/10/2020 4/10/2021 Indiana Gary The Gary Crusader 10/10/2020 4/17/2021 Indiana Gary The Times of Northwest Indiana 10/10/2020 4/10/2021- 4/12/2021 Indiana Michigan City LaPorte County Herald- 10/10/2020 4/10/2021- Dispatch / The News Dispatch 4/11/2021 Michigan Cheboygan Cheboygan Daily Tribune 10/10/2020 4/12/2021 Michigan Bangor The Bay City Times 10/11/2020 4/11/2021 Township/Bay City Michigan Sault Saint Marie The Sault News 10/10/2020 4/10/2021 Michigan Detroit The Detroit Free Press 10/10/2020 4/10/2021 Michigan Marquette The Mining Journal 10/10/2020 4/10/2021 Michigan Muskegon Muskegon Chronicle 10/11/2020 4/11/2021 Michigan St. Joseph The Herald Palladium 10/10/2020 4/10/2021 Michigan Traverse City Record Eagle 10/11/2020 4/10/2021 – 4/11/2021 Minnesota Duluth Duluth News Tribune 10/10/2020 4/10/2021 Ohio Toledo The Blade 10/11/2020 4/11/2021 Ohio Cleveland The Plain Dealer 10/11/2020 4/11/2021 Wisconsin Green Bay Green Bay Press Gazette 10/10/2020 and 4/10/2021 10/11/2020 Wisconsin Milwaukee The Milwaukee Journal 10/10/2020 4/10/2021 Sentinel Five substantive comments were received on the NOI from federal and state agencies and tribes and seven substantive responses were received on the draft EA from federal, state, and local agencies. Comments on the NOI and draft PEA were incorporated into the final PEA, as appropriate. This draft PEA reflects the evaluation and assessment of the federal government, the decision maker for the federal action; FEMA took into consideration any substantive comments received during the public review period to inform the final decision regarding adoption of the PEA. Finding of No Significant Impact Great Lakes Shoreline Stabilization Projects Programmatic Environmental Assessment Page 3 June 23, 2020 MITIGATION AND STIPULATIONS Specific avoidance and mitigation measures may be developed and required for specific projects. When a project is proposed for coverage under the PEA, FEMA will consult with the following agencies on a project-specific basis: • U.S. Fish and Wildlife Service (USFWS) to identify and evaluate effects to federally listed threatened and endangered species protected by the Endangered Species Act and species protected under the Bald and Golden Eagle Protection Act. • State and/or Tribal Historic Preservation Offices (SHPO/THPOs) to identify and resolve adverse effects on any historic properties listed or eligible for listing in the National Register of Historic Places (NRHP) (36 CFR 800.2). • Federal river management agencies for any potential impacts on federally designated wild and scenic rivers protected under the Wild and Scenic Rivers Act (16 U.S.C. 1283). In addition, the avoidance and minimization measures that would apply to each project are provided below. The Subapplicant is responsible for compliance with all federal, state, and local laws and regulations, including obtaining any necessary permits before beginning the shoreline stabilization activities and adhering to any conditions laid out in those permits. Any substantive changes, additions, and/or supplements to the approved scope of work that alter the scope of work, including additional work not funded by FEMA but performed substantially at the same time, will require re-submission of the application prior to construction to FEMA for re-evaluation under NEPA. Failure to comply with FEMA grant conditions may jeopardize federal funding. Impacts from the Proposed and Connected Actions may combine with other reasonably foreseeable projects and result in short-term cumulative impacts on a variety of resources. However, it is unlikely that there would be significant cumulative impacts because in most cases there would be temporal and spatial separation between activities. Past, present, and future shoreline stabilization initiatives occurring along the Great Lakes shorelines would result in long-term net beneficial