[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Notices]
[Pages 43434-43435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17077]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Intent To Prepare an Environmental Impact Statement for Nebraska; 
Department of Roads Nebraska Highway 12 Niobrara East and West Project

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice of intent.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (Corps) is preparing an 
Environmental Impact Statement (EIS) to analyze the direct, indirect 
and cumulative effects of a proposed Nebraska State Highway project, 
Nebraska Highway 12 Niobrara East and West Project (project), by the 
Nebraska Department of Roads (NDOR). The project will provide a safe 
regional transportation corridor that meets Nebraska State Highway 
design standards. The project is needed due to interrupted use, high 
maintenance, roadway stability issues, driver safety during high water 
events, and the importance of maintaining Nebraska Highway 12 as a 
regional transportation corridor. Alternatives under consideration 
include: (1) Taking no action; (2) re-construction on existing 
alignment; (3) providing a new two-lane highway on new alignment; (4) 
reducing or eliminating existing flooding through evaluation of methods 
to reduce Lewis and Clark Lake elevation through operations and/or 
maintenance. NDOR and Corps have not selected a project alternative but 
will be exploring a range of alternatives through the National 
Environmental Policy Act (NEPA) process. Additional alternatives will 
be considered during the NEPA process. Construction of the project is 
expected to result in temporary and permanent impacts to jurisdictional 
waters of the United States, thereby requiring a Clean Water Act 
section 404 permit.
    The Corps has prepared a scoping document to familiarize other 
agencies, the public and interested organizations with the preliminary 
project alternatives and potential environmental issues that may be 
involved. The scoping document includes a description of the problems 
that create the need for the project, a preliminary list of project 
alternatives, and various environmental/resource issues that will be 
addressed in the EIS. Copies of the scoping document will be available 
at the public scoping meeting or can be requested by mail. The EIS will 
be prepared according to the Corps' procedures for implementing the 
National Environmental Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 
4332(2)(c), and consistent with the Corps' policy to facilitate public 
understanding and review of agency proposals.

DATES: A public scoping meeting will be held on August 28, 2008, from 6 
p.m. to 8:30 p.m.

ADDRESSES: The public scoping meeting will be held at the WFLA 
Conference Center located on Spruce and Park Avenue in, Niobrara, NE 
68760.

FOR FURTHER INFORMATION CONTACT: Questions regarding the proposed 
action and EIS should be addressed to Matt Wray, Project Manager, U.S. 
Army Corps of Engineers, Nebraska Regulatory Office, Wehrspann Field 
Office, 8901 S. 154th Street, Omaha, NE 68138-3621 or at (402) 896-
0896; [email protected].

SUPPLEMENTARY INFORMATION: The Nebraska Department Roads (NDOR) is

[[Page 43435]]

responsible for providing a safe, efficient, affordable, 
environmentally compatible and coordinated statewide transportation 
system for the movement of people and goods. NDOR has identified two 
segments of Nebraska Highway 12 that have experienced flooding and 
damage due to high water levels associated with the Missouri River. 
Segment 1 is approximately 6.4 miles long and extends from just east of 
Verdel on the west end to 2 miles west of the bridge over the Niobrara 
River. Segment 2 is approximately 6 miles long and extends from just 
east of Spruce Avenue in Niobrara to approximately 1 mile east of S-
54D. Problems associated with this portion of Nebraska Highway 12 
include high maintenance, driver safety, and disruption in use. The 
following summarizes the issues that create these problems:
    Roadway Stability: Due to high water levels and overtopping of 
Nebraska Highway 12 in the project area, the stability of the roadway 
is threatened. Gavin's Point Dam on the Missouri River was built in the 
1950's near Yankton, South Dakota, creating Lewis and Clark Lake 
(lake). The lake has caused the water table adjacent to the Missouri 
River to rise. Nebraska Highway 12, which runs parallel to the Missouri 
River, is affected where it crosses into the Missouri River floodplain 
east and west of Niobrara, Nebraska. About eight miles of Nebraska 
Highway 12 runs through the floodplain. About half of this length is 
located to the east and half to the west of Niobrara, in Knox County, 
Nebraska. The distance between Nebraska Highway 12 and the Missouri 
River bank differs, but some areas are as close as two to three 
thousand feet. Due to the location of Nebraska Highway 12, the 
following road related issues are present:
    (1) Roadway inundation: When high water events occur on the 
Missouri River, portions of Nebraska Highway 12 are under water. This 
jeopardizes the integrity of the roadway due to saturation of the 
roadway bed. This can create roadway sloughing and potential for 
failure. Bazile Creek enters the river east of Niobrara, NE where it 
intersects Nebraska Highway 12. During high water events on Bazile 
Creek, Nebraska Highway 12 becomes flooded. The flooding has occurred 
numerous times in the past.
    (2) Roadway saturation: High water levels adjacent to Nebraska 
Highway 12 are the result of the lake. The lake is a man-made reservoir 
located behind Gavin's Point dam. The lake has contributed to the 
rising water table throughout the floodplain where Nebraska Highway 12 
is located. In addition, system releases from upstream reservoirs as 
part of the Missouri River mainstem system, can provide constant water 
levels. Additionally, large releases of water can sometimes last for 
many months causing roadway saturation. The increased silt load coming 
into the lake from the Missouri River tributaries, primarily the 
Niobrara River and Bazile Creek also contributes to roadway saturation. 
The confluence of the Niobrara River and the Missouri River is just 
west of the town of Niobrara. The water from these tributaries slows as 
they enter the Missouri River and sediment is deposited creating a fill 
area that restricts the channel and raises the bed of the river. This 
causes the area of the lake to increase in dimension as well as raising 
the water table. High water levels create conditions of long-term 
saturation of the roadway embankment, thus creating the potential for 
roadway embankment erosion.
    Driver Safety: Portion of Nebraska Highway 12 are exposed to 
regular flooding. Roadway flooding is a concern for driver safety 
because even if the road is marked closed, motorists may choose to 
drive through flooded roadways. Nebraska Highway 12 in this location 
does not have lighting and the inherent dangers of driving through 
flooded roadways exist. In 1995, the Corps implemented an interim fix 
by raising the gradeline of Nebraska Highway 12 by several feet on two 
short highway segments to alleviate the immediate flooding problems. 
The resultant roadway is narrow with shoulders that are not adequate in 
width, and steep foreslopes. Cable guardrail was installed to help 
protect vehicles from running off the road and into the water. Due to 
the narrow roadway, the cable guardrail is close to the edge of the 
driving lane.
    A public scoping meeting will be held (see DATES) to describe why 
the project is needed, preliminary alternatives, the NEPA compliance 
process and to solicit input on the issues and alternatives to be 
evaluated and other related matters. Written comments will also be 
requested. The Corps has invited the U.S. Environmental Protection 
Agency, National Park Service, U.S. Fish and Wildlife Service, and Knox 
County to be cooperating agencies in the formulation of the EIS.

John L. Moeschen,
Nebraska State Program Manager, Regulatory Branch.
[FR Doc. E8-17077 Filed 7-24-08; 8:45 am]
BILLING CODE 3710-62-P