[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Notices]
[Pages 8236-8237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3887]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Draft Environmental Impact Statement for Residential, Commercial, 
and Marine Development Along the Gulf Intracoastal Waterway, Foley Land 
Cut, Gulf Shores and Orange Beach, Baldwin County, AL

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

ACTION: Notice of availability.

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SUMMARY: This notice of availability announces the public release of 
the Draft Environmental Impact Statement (EIS) for evaluation of 15 
separate permit applications under the authority of Section 10 of the 
Rivers and Harbors Act and Section 404 of the Clean Water Act, for 
proposed mixed-use waterfront development along the Gulf Intracoastal 
Waterway (GIWW) in Baldwin County, AL, specifically the stretch known 
as the ``Foley Land Cut'' (FLC). The Mobile District, U.S. Army Corps 
of Engineers (Corps) published in the Federal Register, May 26, 2006, 
(71 FR 30393) a Notice of Intent to Prepare a Draft EIS to evaluate the 
full range of direct, indirect, and cumulative impacts of the proposed 
development activities along the shoreline of the FLC. The EIS will be 
used as a basis for ensuring compliance with the National Environmental 
Policy Act (NEPA).

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 
and the DEIS should be addressed to Mr. Michael B. Moxey, Regulatory 
Division, phone (251) 694-3771 or e-mail at 
[email protected], or Ms. Linda T. Brown, Coastal 
Environment Team, phone (251) 694-3786 or e-mail at 
[email protected], Mobile District, U.S. Army Corps of 
Engineers, P.O. Box 2288, Mobile, AL 36628-0001.

SUPPLEMENTARY INFORMATION:
    1. The permit applications propose construction of 15 mixed-use 
developments along the FLC consisting of the following: 17 marinas, in 
excess of 16,700 condominium units, 1,722 wet boat slips, 1,742 dry 
boat storage spaces, various commercial establishments, support 
facilities, and resort amenities. The projects are in south Baldwin 
County on 15 parcels of land, of which 14 are along the northern 
shoreline of the FLC and are generally bounded to the north by Baldwin 
County Road (C.R.) 4. The other parcel of land proposed for development 
is on the Oyster Bay southern shoreline, south of the FLC. The portions 
of the properties fronting the FLC are expected to be used for water-
based developments and will include marinas, ship stores, and 
associated infrastructure. The remaining portions of the properties are 
expected to accommodate mixed-use development and will include 
condominium units; amenities such as pools, boardwalks, and restroom 
facilities; and light commercial outlets. Construction of the proposed 
projects would impact approximately 711 acres and require excavation of 
approximately 3,143,195 cubic yards of material from uplands, wetlands, 
and waterbottoms.
    The DEIS examines the No Action Alternative, Maximum Boat Slip 
Alternative, and Minimum Boat Slip Alternative, as the principal 
alternatives for detailed analysis. These alternatives are described in 
the following paragraphs.
    2. Alternative 1: No Action alternative. Under the No Action 
Alternative, no marinas would be constructed on the FLC. The proposed 
uplands developments could be constructed along the FLC and Oyster Bay, 
but dredging of uplands, waterbottoms, or wetlands for marina 
construction would not be permitted. The No Action Alternative in the 
EIS serves as a benchmark against which the Preferred Alternative and 
alternatives can be evaluated.
    3. Alternative 2: Maximum Boat Slip alternative. Under the Maximum 
Boat slip alternative, authorization for up to 3,093 boat slips on the 
FLC through the year 2025 would be granted. The methodology used to 
calculate this maximum number is presented in Table 10.3 of the Draft 
Waterway Capacity Study (WCS) (Appendix R of the EIS). On the basis of 
implementing management options and approved site plans, the WCS-
recommended capacity in the year 2025 to avoid conflict with commercial 
navigation traffic is 254 boats on the FLC at any time. This capacity 
translates to 3,639 boat slips on the FLC. Because no detailed guidance 
exists for calculating waterway capacity for a waterbody similar to the 
FLC, the WCS recognizes that some uncertainty exists with the 
recommended capacity. Therefore, a confidence range of  15 
percent was applied, resulting in a waterway capacity range of 3,093 to 
4,185 boat slips. Using a conservative approach in approving permits 
for marinas along the FLC, the USACE selected the low end of this range 
as the maximum number of boat slips that will be approved.
    4. Alternative 3: Minimum Boat Slip Alternative (Preferred 
Alternative). Under the Minimum Boat Slip Alternative, authorization 
for 1,818 boat slips through the first year of construction would 
initially be granted, with the option of phasing-in 1,150 additional 
boat slips until the maximum number of slips (3,093) is reached. The 
methodology used to calculate this number is presented in Table 9.3 of 
the WCS. This alternative assumes that mitigation management options 
would not have been implemented by the first year of construction but 
site plans have been approved. As a result, the WCS-recommended 
capacity in the year 2025 to avoid conflict with commercial navigation 
traffic is 191 boats on the FLC at any time. This capacity translates 
to 2,139 boat slips on the FLC. Because no detailed guidance exists for 
calculating waterway capacity for a waterbody similar to the FLC, the 
WCS recognizes that some uncertainty exists with the recommended 
capacity.

[[Page 8237]]

Therefore, a confidence range of 15 percent was applied, 
resulting in a waterway capacity range of 1,818 to 2,460 boat slips. 
Using a conservative approach in approving permits for marinas along 
the FLC, the USACE selected the low end of this range (1,818) as the 
number of boat slips that will be initially approved. Due to the 
implementation of mitigation options, specifically the construction of 
dedicated commercial barge mooring locations, the number of boat slips 
initially approved increased to 1,943. This number was derived by 
updating Tables 9.1, 9.3, and 10.2 in the WCS as a result of applying 
the ``Commercial Vessels'' updated reduction factor (Appendix R). The 
option of phasing-in 1,150 additional slips will begin after the first 
year of construction and occur at a rate of 25 percent (287 slips) 
every year for four years. An evaluation period will occur each year to 
evaluate impacts of increased recreational boat traffic on commercial 
barge navigation and overall waterway safety. During this period, the 
applicant could implement mitigation management options and provide 
monitoring reports to include the following:
     Additional baseline data to include marina vessel use, 
peak volumes/flow rates, and peak hour uses.
     Impacts of projects on safety on the FLC, including 
Alabama Marine Police and USCG reports.
     Impacts on commercial navigation operations, including 
impacts on commercial traffic schedules.
    If during this evaluation period it is determined that increased 
recreational boat traffic is having adverse impacts on commercial barge 
navigation or safety, the USACE has the authority to deny permits for 
additional boat slips on the FLC.
    5. The DEIS will be available for public review at the following 
locations:
Thomas B. Norton Public Library, 221 W. 19th Avenue, Gulf Shores AL 
36542, (251) 968-1176.
Fairhope Public Library, 161 N. Section Street, Fairhope AL 36532, 
(251) 928-7483.
Foley Public Library, 319 E. Laurel Street, Foley AL 36535, (251) 943-
7665.
Orange Beach Public Library, 26267 Canal Rd., Orange Beach AL 36561, 
(251) 981-2923.
Daphne Public Library, 2607 U.S. Hwy. 98, Daphne AL 36526, (251) 621-
2818.
    6. Public comments can be submitted through a variety of methods. 
Written comments may be submitted to the Corps by mail, facsimile, or 
electronic methods. Additional comments (written or oral) may be 
presented at the public hearing to be held in March 2009 in Gulf 
Shores, AL. Additional information on the public hearing will be mailed 
in a public notice to the agencies and public and announced in news 
releases.

    Dated: February 17, 2009.
Craig J. Litteken,
Chief, Regulatory Division.
[FR Doc. E9-3887 Filed 2-23-09; 8:45 am]
BILLING CODE 3720-58-P