[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Pages 56215-56217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23174]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-FHC-2011-N086; 94310-1124-0000-T5]
John H. Chafee Coastal Barrier Resources System; Baldwin and
Mobile Counties, AL; Availability of Draft Map and Request for Comments
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a John H. Chafee Coastal Barrier Resources System
(CBRS) draft revised map, dated September 22, 2009, for four units in
Baldwin and Mobile Counties, Alabama, for public review and comment.
DATES: To ensure consideration, we must receive your written comments
by November 14, 2011.
ADDRESSES: Mail or hand-deliver (during normal business hours) comments
to Katie Niemi, Coastal Barriers Coordinator, Division of Habitat and
Resource Conservation, U.S. Fish and Wildlife Service, 4401 N. Fairfax
Drive, Room 860A, Arlington, VA 22203, or send comments by electronic
mail (e-mail) to CBRAcomments@fws.gov. For information about how to get
copies of the draft map, or where to go to view it, see SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers
Coordinator, (703) 358-2161.
SUPPLEMENTARY INFORMATION:
Background
Coastal barriers are typically elongated, narrow landforms located
at the interface of land and sea. Coastal barriers provide important
habitat for fish and wildlife and serve as the mainland's first line of
defense against the impacts of severe storms. With the passage of the
Coastal Barrier Resources Act (CBRA) in 1982 (Pub. L. 97-348), Congress
recognized that certain actions and programs of the Federal Government
have historically subsidized and encouraged development on coastal
barriers and have resulted in the loss of valuable natural resources;
threats to human life, health, and property; and the expenditure of
millions of tax dollars to build structures and infrastructure and then
rebuild them again after damaging storms. The CBRA established the
CBRS, a defined set of 186 geographic units, encompassing approximately
453,000 acres, of undeveloped lands and associated aquatic habitat
along the Atlantic and Gulf of Mexico coasts. Most new Federal
expenditures and financial assistance that have the effect of
encouraging development are prohibited within the CBRS. Development can
still occur within the CBRS provided that private developers or other
non-Federal parties bear the full cost instead of the American
taxpayers. The CBRS was expanded by the Coastal Barrier Improvement Act
of 1990 (Pub. L. 101-591) to include additional areas along the
Atlantic and Gulf of Mexico coasts as well as areas along the Great
Lakes, Puerto Rico, and the U.S. Virgin Islands coasts. The CBRS is now
comprised of 857 units encompassing approximately 3.1 million acres of
coastal barrier lands and associated aquatic habitat. These areas are
depicted on a series of maps entitled ``John H. Chafee Coastal Barrier
Resources System.''
The CBRS includes two types of units, System units and Otherwise
Protected Areas (OPAs). System units are generally comprised of private
lands that were relatively undeveloped at the time of their designation
within the CBRS. Most new Federal expenditures and financial
assistance, including Federal flood insurance, are prohibited within
System units. OPAs are generally comprised of lands held by a qualified
organization primarily for wildlife refuge, sanctuary, recreational, or
natural resource conservation purposes. OPAs are denoted with a ``P''
at the end of the unit number. The only Federal spending prohibition
within OPAs is the prohibition on Federal flood insurance.
The Secretary of the Interior (Secretary), through the Service, is
responsible for administering the CBRA, which includes maintaining the
official maps of the CBRS; consulting with Federal agencies that
propose to spend funds within the CBRS; preparing draft maps that
update and correct existing maps; and making recommendations to
Congress regarding proposed changes to the CBRS. Aside from three minor
exceptions, only Congress--through new legislation--can modify the maps
of the CBRS to add or remove land. These exceptions include: (1) The
CBRA
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5-year review requirement, which considers only changes that have
occurred to the CBRS by natural forces such as erosion and accretion;
(2) voluntary additions to the CBRS by property owners; and (3)
additions of excess Federal property to the CBRS. The proposed changes
described in this notice, including any additions to and deletions from
the CBRS, would become effective only if enacted by Congress through
new legislation.
Proposed Changes to the John H. Chafee Coastal Barrier Resources System
in Alabama
The Service has prepared a draft revised map dated September 22,
2009, for Mobile Point Unit Q01P, Pelican Island Unit Q01A/Q01AP, and
Alligator Lake Unit AL-05P, that removes approximately 13 acres from
the CBRS and adds approximately 488 acres to the CBRS. The Deepwater
Horizon oil spill, which occurred on April 20, 2010, became a priority
for Congress and the Administration and delayed action on this map
until now. The map makes progress towards fulfilling a mandate in the
Coastal Barrier Resources Reauthorization Act of 2006 (Pub. L. 109-226)
to modernize all CBRS maps.
Below is a summary of the proposed changes to the draft map
containing CBRS Units Q01P, Q01A, AL-05P, and a proposed new OPA,
Q01AP.
Unit Q01P is located on four separate map panels, but the revised
area is limited to the portion of the unit that is at the tip of the
Fort Morgan peninsula and depicted on the same map panel as Units AL-
05P and Q01A. The eastern boundary of Unit Q01P was adjusted slightly
to be coincident with Baldwin County parcel data. There is no change in
acreage to Unit Q01P.
The proposed northern boundary of Unit Q01A was moved 30-50 feet
seaward of the Coastal Construction Line in order to exclude all
development in the Desoto Landing Subdivision from the unit. The Unit
Q01A boundary was also adjusted to include within the unit a golf
course and an undeveloped stretch of beach that are owned by the
Dauphin Island Property Owners Association. The draft map adds
approximately 384 total acres to Unit Q01A, including 101 acres of
upland and 283 acres of associated aquatic habitat. The draft map
removes approximately 4 upland acres from Unit Q01A.
The proposed Unit AL-05P boundary was adjusted to more precisely
follow the Audubon Bird Sanctuary; remove private properties along
Audubon Street and Audubon Place from the OPA; and add the Coast Guard
Dauphin Island Recreation Base, Magnolia Park, and Dauphin Island
Campground to the OPA. The draft map adds approximately 49 total acres
to Unit AL-05P, including 48 acres of upland and 1 acre of associated
aquatic habitat. The draft map removes approximately 9 acres from Unit
AL-05P, including 7 acres of upland and 2 acres of associated aquatic
habitat.
Unit Q01AP is a proposed new OPA. The proposed OPA contains a
public beach parcel, including the Dauphin Island Fishing Pier, which
is owned by the Dauphin Island Park and Beach Board and is not
currently within the CBRS. The draft map adds approximately 55 total
acres within Unit Q01AP to the CBRS, including 40 acres of upland and
15 acres of associated aquatic habitat.
Proposed Additions to the John H. Chafee Coastal Barrier Resources
System
The draft revised map for Units Q01P, Q01A, Q01AP, and AL-05P,
proposes additions to the CBRS that are consistent with a directive in
Section 4 of Public Law 109-226 concerning recommendations for
expansion of the CBRS. The proposed boundaries depicted on the draft
map are based upon the best data available to the Service at the time
the draft map was created. In general, our assessment indicated that
any new areas proposed for addition to the CBRS were undeveloped at the
time the draft map was created.
Section 2 of the Coastal Barrier Resources Reauthorization Act of
2000 (Pub. L. 106-514) codified the following guidelines for what the
Secretary shall consider when making recommendations to the Congress
regarding the addition of any area to the CBRS and in determining
whether, at the time of inclusion of a System unit within the CBRS, a
coastal barrier is undeveloped: (1) The density of development is less
than one structure per 5 acres of land above mean high tide; and (2)
there is existing infrastructure consisting of a road, with a
reinforced road bed, to each lot or building site in the area; a
wastewater disposal system sufficient to serve each lot or building
site in the area; electric service for each lot or building site in the
area; and a fresh water supply for each lot or building site in the
area.
If, upon review of the draft map for Units Q01P, Q01A, Q01AP, and
AL-05P, interested parties find that any areas proposed for addition to
the CBRS currently exceed the development threshold established by
Section 2 of Public Law 106-514, they may submit supporting
documentation of such development to the Service during this public
comment period. For any areas proposed for addition to the CBRS on the
draft map, we will consider the density of development and level of
infrastructure on the ground as of the close of the comment period on
the date listed in the DATES section of this notice.
Request for Comments
We invite the public to review and comment on the draft revised map
dated September 22, 2009, for CBRS Units Q01P, Q01A, Q01AP, and AL-05P.
The Service is specifically notifying the following stakeholders
concerning the availability of the draft revised map: the Chair and
Ranking Member of the House of Representatives Committee on Natural
Resources; the Chair and Ranking Member of the Senate Committee on
Environment and Public Works; the members of the Senate and House of
Representatives for the potentially affected areas; the Governor of
Alabama; Federal, State, and local officials; and non-governmental
organizations.
The draft map, summaries of the existing boundaries and proposed
changes, and digital boundary data can be accessed and downloaded from
the Service's Internet site: http://www.fws.gov/habitatconservation/coastal_barrier.html. The digital boundary data are available in
shapefile format for reference purposes only. The Service is not
responsible for any misuse or misinterpretation of the digital boundary
data. Background records that contain research materials used to
develop the proposed boundaries may be viewed by the public, upon
request, at the Service's Washington Office.
The public may also contact the Service offices listed in Appendix
A of this notice to make arrangements to view the draft revised map.
Interested parties may submit written comments and accompanying data to
the individual and location identified in the ADDRESSES section above.
The Service will also accept digital Geographic Information System
(GIS) data files that are accompanied by written comments. Comments
regarding specific units should reference the appropriate CBRS unit
number and unit name. We must receive comments on or before the date
listed in the DATES section of this document.
Following the close of the comment period on the date listed in the
DATES section of this document, we will review all comments received on
the draft map and we will make adjustments to the draft map, as
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appropriate, based on information received through public comments,
updated aerial imagery, CBRA criteria, and objective mapping protocols.
We will then prepare a final recommended map to be submitted to
Congress. The final recommended map will become effective only if it is
enacted by Congress through new legislation.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Appendix A--U.S. Fish and Wildlife Service Offices Where the Draft Map
May Be Viewed
Washington Office
U.S. Fish and Wildlife Service, Division of Habitat and Resource
Conservation, 4401 N. Fairfax Drive, Room 860A, Arlington, VA 22203;
(703) 358-2161.
Southeast Regional Office
U.S. Fish and Wildlife Service, 1875 Century Boulevard, Suite
400, Atlanta, GA 30345; (404) 679-4000.
Alabama Ecological Services Field Office
U.S. Fish and Wildlife Service, 1208-B Main Street, Daphne, AL
36526; (251) 441-5181.
Dated: August 2, 2011.
Jeffrey L. Underwood,
Acting Assistant Director for Fisheries and Habitat Conservation.
[FR Doc. 2011-23174 Filed 9-9-11; 8:45 am]
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