PUBLIC NOTICE Application No: NWO-2004-10258-WEH Applicant: Nebraska Department of Roads Waterway: Missouri River wetlands, Ponca Creek, Harry Miller Creek, Bazile Creek, unnamed tributaries Issue Date: October 9, 2015 Expiration Date: November 23, 2015 45 DAY NOTICE Reply To: Rebecca J. Latka, Highway 12 EIS Project Manager U.S. Army Corps of Engineers Omaha District, Regulatory Branch 1616 Capitol Avenue Omaha, NE 68102-4901 Phone: 402-995-2681 Email: [email protected]. PUBLIC NOTICE FOR CLEAN WATER ACT APPLICATION AND NOTICE OF AVAILABILITY OF A DRAFT ENVIRONMENTAL IMPACT STATEMENT (EIS) NEBRASKA HIGHWAY 12 NIOBRARA EAST AND WEST U.S. ARMY CORPS OF ENGINEERS SUBJECT: The Applied-for Project is the relocation and elevation (including additional bridges) of two segments of existing Nebraska Highway 12 (N-12) that are frequently flooded and have incurred damage due to high water levels associated with the Missouri River. DRAFT EIS: The Corps is releasing a Draft EIS for N-12 Niobrara East and West on October 9, 2015 for public comment. The Draft EIS constitutes the Corps’ compliance with the National Environmental Policy Act (NEPA) and is in response to a Section 404 Clean Water Act application received from the Nebraska Department of Roads (NDOR) on September 11, 2015. The Corps’ federal action in this case is the permit decision, which will be contained within the Record of Decision (ROD) that will be written after the Final EIS. The Federal Register Notice of Intent to prepare an EIS was published on July 25, 2008. The Corps and NDOR have been in pre-application consultation throughout the NEPA process. The purpose of the Draft EIS is to provide a full and fair discussion of the Applied-for Project and other reasonable alternatives to inform decision makers and the public of the environmental impacts of the Applied-for Project and the reasonable 1 alternatives that would avoid or minimize adverse impacts or enhance the quality of the human environment. JOINT PUBLIC NOTICE: This public notice is issued jointly by the U.S. Army Corps of Engineers, Omaha District, and the Nebraska Department of Environmental Quality (NDEQ), P.O. Box 98922, State House Station, Lincoln, Nebraska 68509. They will review the proposed project for state certification in accordance with the provisions of Section 401 of the Clean Water Act. NDEQ hereby incorporates this public notice as its own public notice and procedures by reference thereto. For the purposes of the NDEQ, their public notice will expire 30 days from the issue date shown above. AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344). APPLICANT: Nebraska Department of Roads (NDOR), Kevin Domogalla, 408 North 13th St., Norfolk, NE 68702 PROJECT LOCATION: The two N-12 segments that are proposed to be relocated lie east and west of the Village of Niobrara in Knox County as depicted on the Project Location Map (Figure 1). Portions of existing N-12 run parallel to stretches of the Missouri River and traverse the Missouri and Niobrara River floodplains, and the Ponca and Bazille Creek floodplains The project lies within the Missouri National Recreational River (MNRR), a segment of the National Wild and Scenic Rivers System, and administered by the National Park Service (NPS). The NPS is one of several Cooperating Agencies on the EIS and will be making a decision under Section 7a of the Wild and Scenic Rivers Act. The linear project crosses the following sections within Knox County: East segment T33N, R7W sections 38, 23, 19, 34, 35; T32N, R7W section 2. West segment T32N, R6W sections 13, 14, 15, 16; T32N, R5W sections 17, 18. PROJECT DESCRIPTION: NDOR has submitted a Section 404 (Clean Water Act) permit application containing a roadway design for Alternative A7 (the Applied-for Project) to the U.S. Army Corps of Engineers (Corps). NDOR proposes to relocate N-12 east and west of Niobrara, NE, south of its existing location and construct a new roadway at a higher elevation with enhanced bridged sections to withstand existing and future flood events. The segment of N-12 that is in the bluffs, including the segment that goes through the Village of Niobrara, will remain the same. Two segments of N-12 within the existing Missouri River floodplain would be relocated. The west segment is approximately 6.2 miles long and extends from just east of Verdel, Nebraska, on the west end to 2 miles west of the bridge over the Niobrara River. The Applied-for Project would deviate from the existing alignment just east of Ponca Creek and would rejoin the existing alignment just north of County Road 892. The east segment is approximately 6 miles long and extends from just east of Spruce Avenue in Niobrara, NE, to approximately 1 mile east of Spur 54D (S-54D). In the east segment, the alignment would deviate from the existing alignment east of 4th Avenue in Niobrara, NE, and would reconnect with existing N-12 at approximately S-54D. A new connection to the Chief Standing Bear Memorial Bridge (N-14) and SD-37 would be developed, tying into the existing Highway 14 connection (which will be elevated as part of the project). Once the roads are completed, the 2 existing N-12 roadway would be removed to the existing ground level. The Applied-for Project would result in permanent impacts to approximately 91 acres of wetlands, and temporary impacts to approximately 23 acres of wetlands, and 2,763 feet of stream impacts associated with placement of culverts and bridges. PROJECT PURPOSE: The basic project purpose is to rehabilitate the N-12 roadway in the Study Area. This project is not water-dependent because rehabilitation of a roadway does not need to be located in a special aquatic site to fulfill its purpose; therefore, alternatives that do not involve special aquatic sites are presumed to be available. The overall project purpose is to provide a reliable and safe roadway that meets the existing and projected traffic needs for the region. 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. The need for the project is driven by flooding associated with the Missouri River and the Lake, which has resulted in an unreliable roadway, safety concerns, and an interruption in regional connectivity. SPECIAL AQUATIC SITES: The Applied-for Project would result in permanent impacts to approximately 91 acres of wetlands, and temporary impacts to approximately 23 acres of wetlands. This action requires authorization from the Corps under Section 404 of the Clean Water Act. AVOIDANCE, MINIMIZATION, AND MITIGATION: Design measures are project design components incorporated into the design of Action Alternatives. A listing of design measures as it relates to each resource is described in Chapter 5 of the Draft EIS (see Section 5.13 for NDOR-proposed mitigation measures that would be incorporated prior to, during, and after construction). By applying for alternative A7, NDOR minimized impacts to wetlands and waters of the U.S. by up to 51.5 acres compared to their original design. The addition of bridges and the location to an area with fewer wetlands combined to result in a minimization of impacts. A draft Wetland Mitigation and Monitoring Plan was received from NDOR as part of the Section 404 application package. For the Applied- for Project, NDOR included a concept to restore historic side-channels and backwaters of the Missouri River in the 39-Mile District of the MNRR upstream of the Study Area as mitigation for unavoidable impacts on wetlands. The mitigation concept includes restoring approximately 8,700 feet of former Missouri River chutes. In addition, approximately 50 acres of existing wetlands would be enhanced. This restoration would preserve and restore ecologically important Missouri River floodplain and backwater habitat. Flow regulation and channel degradation in the upper reaches of the 39-Mile District has caused a loss of backwater areas. Wetland mitigation would also be provided in the form of removal of portions of the existing N-12 roadway to the existing grade. This would restore approximately 27 acres of wetlands. Final mitigation requirements by the Corps will be based on the requirements of its regulations, the 2008 mitigation rule, and the mitigation’s adequacy and practicability to offset impacts on aquatic resources as a result of project construction that would be authorized by the Corps. Monitoring requirements for mitigation will be established as permit conditions. CULTURAL RESOURCES: The Corps of Engineers, Omaha District will comply with the 3 National Historic Preservation Act of 1966, and amendments and the procedures set forth in 33 CFR 325, Appendix C. The NDOR funded a cultural resources survey in 2009, and checked the National Register of Historic Places, and any available site database information, and there are no known National Register sites that will be impacted by this project. We will evaluate input by the State Historic Preservation Office, Tribes, and the public in response to this public notice. ENDANGERED SPECIES: In compliance with the Endangered Species Act, a Biological Assessment has been prepared and is included in the Draft EIS. A preliminary determination has been made that the described work may affect, but is not likely to adversely affect species designated as threatened or endangered or adversely affect critical habitat. In order to complete our evaluation of this activity, comments are solicited from the U.S. Fish and Wildlife Service and other interested agencies and individuals. FLOODPLAIN: This activity is being reviewed in accordance with Executive Order 11988, Floodplain Management, which discourages direct or indirect support of floodplain development whenever there is a practicable alternative.