[Federal Register: April 7, 2009 (Volume 74, Number 65)]
[Notices]
[Page 15743-15746]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap09-63]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-FHC-2008-N0328; 94300-1124-0000-T5]
Coastal Barrier Resources System Digital Mapping Pilot Project
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: This notice announces the availability of the Report to
Congress: John H. Chafee Coastal Barrier Resources System Digital
Mapping Pilot Project and draft maps for public review and comment.
This notice also advises the public where the report and draft maps may
be obtained and where comments should be sent.
DATES: We must receive comments on or before July 6, 2009.
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 pilot project report and maps or where to go to view
them, see SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers
Coordinator, (703) 358-2161.
SUPPLEMENTARY INFORMATION:
Background
The Coastal Barrier Resources Act (CBRA) of 1982 (16 U.S.C. 3501 et
seq.) established the John H. Chafee Coastal Barrier Resources System
(CBRS) to minimize the loss of human life; reduce wasteful Federal
expenditures; and minimize the damage to fish, wildlife, and other
natural resources associated with coastal barriers. Most new Federal
expenditures and financial assistance that have the effect of
encouraging development are prohibited within the CBRS. In the Coastal
Barrier Improvement Act of 1990 (Pub. L. 101-591), Congress amended
CBRA to add new units, enlarge some previously designated units, add
Otherwise Protected Areas (OPAs) as a new category of lands, and
approve a series of maps entitled ``John H. Chafee Coastal Barrier
Resources System'' and dated October 24, 1990. These maps identify and
depict those coastal barriers located on the coasts of the Atlantic
Ocean, Gulf of Mexico, Great Lakes, Virgin Islands, and Puerto Rico
that are subject to the Federal funding limitations outlined in CBRA.
The Secretary of the Interior (Secretary), through the U.S. Fish
and Wildlife Service (Service), is responsible for administering CBRA,
which includes: maintaining the official maps of the CBRS; consulting
with Federal agencies that propose spending funds within the CBRS; and
making recommendations to Congress regarding whether certain areas were
appropriately included in the CBRS. Aside from three minor exceptions,
only Congress through new legislation, can modify the CBRS boundaries
to add or remove land. These exceptions include: (1) The CBRA 5-year
review requirement that solely considers 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.
[[Page 15744]]
Digital Mapping Pilot Project
Section 6 of the Coastal Barrier Resources Reauthorization Act of
2000 (CBRRA of 2000; Pub. L. 106-514) directs the Secretary, in
consultation with the Director of the Federal Emergency Management
Agency, to carry out a pilot project to determine the feasibility and
cost of creating digital versions of the CBRS maps. CBRRA of 2000
specifies that the pilot project consist of the creation of digital
maps for no more than 75 units and no fewer than 50 units of the CBRS,
one-third of which shall be OPAs. CBRRA of 2000 directs the Secretary
to submit to the Committee on Environment and Public Works of the
Senate, and the Committee on Resources of the House of Representatives,
a report that describes the results of the pilot project and the
feasibility, data needs, and costs of completing digital maps for the
entire CBRS. CBRRA of 2000 specifies that the report shall include a
description of: (1) The cooperative agreements that would be necessary
to complete digital mapping of the entire CBRS; (2) the extent to which
the data necessary to complete digital mapping of the entire CBRS are
available; (3) the need for additional data to complete digital mapping
of the entire CBRS; (4) the extent to which the boundary lines on the
digital maps differ from the boundary lines on the original maps; and
(5) the amount of funding necessary to complete digital mapping of the
entire CBRS.
In September 2008, the Secretary, through the Service, submitted
the report required by CBRRA of 2000 to the Congress. The report
contains draft revised maps for 70 units, comprising approximately 10
percent of the entire CBRS, and a framework for modernizing the
remainder of the CBRS maps. The pilot project units are located in
Delaware, North Carolina, South Carolina, Florida, and Louisiana. A
list of all 70 pilot project units is attached to this notice as
Appendix A.
The Service's proposed pilot project boundary changes are described
in the report to Congress and are depicted in Appendix D of the report,
which includes draft maps and accompanying unit summaries for each of
the pilot project units. The different types of proposed boundary
changes reflected in the draft pilot project maps include: alignment
with geomorphic features (e.g., shorelines), development features
(e.g., edge of a road, property parcel boundaries), and cultural
features (e.g., park boundaries); adjustment to reflect geomorphic
change; adjustment to map channel boundaries consistently; addition of
associated aquatic habitat; addition of conservation or recreation area
to existing OPAs; addition of new OPAs; addition of undeveloped
fastland (land above mean high tide) not currently within the CBRS;
removal of private land that was inadvertently included within an OPA;
and reclassification from System unit to OPA and vice-versa. In cases
where we found no compelling evidence to propose a revised boundary,
the existing boundary remains unchanged.
Digital Mapping Pilot Project Finalization
The draft pilot project maps will not become effective until they
are enacted by Congress through new legislation. Before the Service
presents Congress with final recommended maps for its consideration and
enactment, we are soliciting, through this notice, public review of and
comment on the draft pilot project maps. Section 3 of the Coastal
Barrier Resources Reauthorization Act of 2005 (CBRRA of 2005; Pub. L.
109-226) directs the Secretary to submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Resources of the House of Representatives, a report that contains: (1)
The final recommended maps created under the digital mapping pilot
project; (2) recommendations for the adoption of the digital maps by
Congress; (3) a summary of the comments received from the Governors of
the States, other government officials, and the public regarding the
digital maps; (4) a summary and update of the protocols and findings of
the report required under section 6(d) of the CBRRA of 2000; and (5) an
analysis of any benefits that the public would receive by using digital
mapping technology for all System units and OPAs. CBRRA of 2005
requires the Secretary to prepare the report in consultation with the
Governors of the States in which any System units and OPAs are located
and after providing an opportunity for the submission and consideration
of public comments.
This notice announces the availability of the pilot project report
and draft maps for public review and comment. Following the close of
the comment period on the date listed in the DATES section of this
document, we will review all public comments received and make
adjustments to the draft pilot project maps, as appropriate, based on
CBRA's criteria and objective mapping protocols. We will create a set
of final recommended maps to address the comments made during the
public comment period and to update the underlying base maps with newer
aerial imagery where practicable. The final recommended maps will be
included in a report to Congress, per the directives of CBRRA of 2005.
Proposed Additions to the CBRS
The proposed boundaries depicted on the pilot project maps are
based upon the best data available to the Service at the time the draft
maps were created. In general, our assessment indicated that any new
areas proposed to be added to the CBRS were undeveloped at the time the
pilot project maps were created. We provide the following explanation
concerning our development assessment for any new areas proposed to be
added to the CBRS.
Section 2 of the CBRRA of 2000 codified 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. We are not aware of any existing
structures located on lands proposed for addition to the CBRS as System
units. If, however, a full complement of infrastructure currently
exists on the ground for any areas proposed for addition to the CBRS as
System units, interested parties may submit documentation of such
infrastructure to the Service for consideration during this public
comment period. A full complement of infrastructure includes: (1) A
road, with a reinforced road bed, to each lot or building site in the
area; (2) a wastewater disposal system sufficient to serve each lot or
building site in the area; (3) electric service for each lot or
building site in the area; and (4) a fresh water supply for each lot or
building site in the area. For any pilot project areas proposed for
addition to the CBRS as System units, we will consider the level of
infrastructure on the ground as of the publication date of this notice.
This guidance related to infrastructure will be considered in areas
being proposed for addition to the CBRS as System units. We will not
consider the presence of infrastructure in areas that are currently
located within the CBRS, but are being proposed in the pilot project
for reclassification from OPA to System unit status.
Unit FL-64P, Clam Pass, Florida
We note that the proposed pilot project map for Unit FL-64P, Clam
Pass, was enacted into law by Public Law 110-419 on October 15, 2008,
and is now the controlling map for that unit. We will accept public
comments related
[[Page 15745]]
to this map during the public comment period and include a summary of
any comments received in the report to the Congress required by CBRRA
of 2005.
Request for Comments
We invite the public to review and comment on the digital mapping
pilot project report to Congress and draft maps created for the 70 CBRS
units through the pilot project. The Service is distributing copies of
pilot project report and draft maps to the House of Representatives
Committee on Natural Resources, the Senate Committee on Environment and
Public Works, the members of Congress of each affected area, the
Governors of the States in which any System units and OPAs are located,
other Federal agencies, local officials, and numerous other
stakeholders.
The pilot project report to Congress, draft maps, unit summaries,
and digital boundary data can all be accessed and downloaded from the
Service's Internet site: http://www.fws.gov/habitatconservation/
coastal_barrier.html. The public may also contact the Service offices
listed in Appendix B of this notice to make arrangements to view the
maps. Interested parties may submit written comments and accompanying
data to the individual and location identified in the ADDRESSES section
above. Comments regarding specific maps should reference the
appropriate CBRS unit number and unit name. Appendix A of this notice
provides a listing of the pilot project units by State, unit number,
unit name, and county. We must receive comments on or before the date
listed in the DATES section of this document.
Below is a description of the materials associated with the pilot
project that are being made available to the public.
(1) Report to Congress--describes the results of the pilot project
and the feasibility, data needs, and costs of completing digital maps
for the entire CBRS. The draft maps and unit summaries for each of the
70 pilot project units are included in Appendix D of the report.
(2) Draft maps--for each of the 70 pilot project units depict: (1)
The existing CBRS boundary and (2) the proposed boundary which
represents the Service's recommendation for the boundary placement.
(3) Unit summaries--for each of the 70 pilot project units describe
the existing boundaries and proposed changes to the boundaries as well
as the associated acreage and shoreline mile changes.
(4) Digital boundary data--for each of the 70 pilot project units
are being made available in shapefile format for reference purposes
only. The Service is not responsible for any misuse or
misinterpretation of this digital data. During the public comment
period, the Service will accept digital GIS data files that are
accompanied by written comments.
(5) Background records--for each of the 70 pilot project units
contain the historical background for each unit, including previously
enacted maps, documents referenced during the boundary intent
assessment phase, maps showing different data types used to assess
boundary intent, signed maps for stakeholder concurrence on OPA
boundaries, and any other documentation that describes the placement of
the proposed boundaries. These records are maintained by the Service
and, upon request, may be viewed by the public at the Service's
headquarters office.
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.
Digital Mapping Project for the Remaining Units of the CBRS
Section 4 of the CBRRA of 2005 directs the Secretary to carry out a
project to create digital versions of all of the CBRS maps that were
not included in the pilot project. We plan to continue modernizing the
maps of the CBRS as resources are made available for this effort.
Appendix A--Pilot Project Units
Below is a listing of the pilot project units by State, unit
number, unit name, and county.
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State of Delaware (1 Map):
DE-07............................ Delaware Seashore............ Sussex
DE-07P........................... Delaware Seashore............ Sussex
H01.............................. North Bethany Beach.......... Sussex
State of North Carolina (9 Maps):
NC-01............................ Pine Island Bay.............. Currituck, Dare
NC-05P........................... Roosevelt Natural Area....... Carteret
NC-06............................ Hammocks Beach............... Onslow
NC-06P........................... Hammocks Beach............... Onslow, Carteret
L05.............................. Onslow Beach................. Onslow
L06.............................. Topsail...................... Onslow
L07.............................. Lea Island Complex........... Pender, New Hanover
L08.............................. Wrightsville Beach........... New Hanover
L09.............................. Masonboro Island............. New Hanover
State of South Carolina (1 Map):
M02.............................. Litchfield Beach............. Georgetown
M03.............................. Pawleys Inlet................ Georgetown
State of Florida (27 Maps):
FL-01............................ Fort Clinch.................. Nassau
FL-01P........................... Fort Clinch.................. Nassau
P04A............................. Usinas Beach................. St. Johns
P05.............................. Conch Island................. St. Johns
P05P............................. Conch Island................. St. Johns
P08.............................. Ponce Inlet.................. Volusia
P08P............................. Ponce Inlet.................. Volusia
FL-13P........................... Spessard Holland Park........ Brevard
P09A............................. Coconut Point................ Brevard
P09AP............................ Coconut Point................ Brevard
P10A............................. Blue Hole.................... Indian River, St. Lucie
[[Page 15746]]
FL-14P........................... Pepper Beach................. St. Lucie
P11.............................. Hutchinson Island............ St. Lucie
P11P............................. Hutchinson Island............ St. Lucie
FL-15............................ Blowing Rocks................ Martin, Palm Beach
FL-16P........................... Jupiter Beach................ Palm Beach
FL-17P........................... Carlin....................... Palm Beach
FL-18P........................... MacArthur Beach.............. Palm Beach
FL-19............................ Birch Park................... Broward
FL-19P........................... Birch Park................... Broward
FL-20P........................... Lloyd Beach.................. Broward
P14A............................. North Beach.................. Broward
FL-39............................ Tavernier Key................ Monroe
FL-40............................ Snake Creek.................. Monroe
FL-43............................ Channel Key................. Monroe
FL-44............................ Toms Harbor Keys............. Monroe
FL-45............................ Deer/Long Point Keys......... Monroe
FL-46............................ Boot Key..................... Monroe
FL-64P........................... Clam Pass.................... Collier
P17A............................. Bowditch Point............... Lee
FL-67............................ Bunche Beach................. Lee
FL-67P........................... Bunche Beach................. Lee
P21.............................. Bocilla Island............... Charlotte
P21P............................. Bocilla Island............... Charlotte
P22.............................. Casey Key.................... Sarasota
FL-72P........................... Lido Key..................... Sarasota
FL-73P........................... De Soto...................... Manatee
FL-78............................ Rattlesnake Key.............. Manatee
FL-78P........................... Rattlesnake Key.............. Manatee
FL-82............................ Bishop Harbor................ Manatee
FL-80P........................... Passage Key.................. Manatee
FL-81............................ Egmont Key................... Hillsborough
FL-81P........................... Egmont Key................... Hillsborough
FL-83............................ Cockroach Bay................ Hillsborough
FL-85P........................... Sand Key..................... Pinellas
P26.............................. Pepperfish Keys.............. Dixie
FL-89............................ Peninsula Point.............. Franklin
FL-93............................ Phillips Inlet............... Bay
FL-93P........................... Phillips Inlet............... Bay
FL-94............................ Deer Lake.................... Walton
State of Louisiana (13 Maps):
LA-01............................ Isle Au Pitre................ St. Bernard
LA-02............................ Grand Island................. St. Bernard
S04.............................. Timbalier Bay................ Lafourche
S05.............................. Timbalier Islands............ Terrebonne, Lafourche
S06.............................. Isle Dernieres............... Terrebonne
S07.............................. Point au Fer................. Terrebonne, St. Mary
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Appendix B--U.S. Fish and Wildlife Service Offices Where Pilot Project
Maps May Be Inspected
Washington Office--All pilot project maps
U.S. Fish and Wildlife Service, Division of Habitat and Resource
Conservation, 4401 N. Fairfax Dr., Room 860A, Arlington, VA 22203;
(703) 358-2161.
Northeast Regional Office--Pilot project maps for DE
U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley,
MA 01035-9589; (413) 253-8200.
Southeast Regional Office--Pilot project maps for FL, NC, SC, LA
U.S. Fish and Wildlife Service, 1875 Century Boulevard, Suite 400,
Atlanta, GA 30345; (404) 679-4000.
Chesapeake Bay Field Office--Pilot project maps for DE
U.S. Fish and Wildlife Service, 177 Admiral Cochrane Drive,
Annapolis, MD 21401; (410) 573-4500.
Raleigh Ecological Services Field Office--Pilot project maps for NC
U.S. Fish and Wildlife Service, 551F Pylon Drive, Raleigh, NC 27606;
(919) 856-4520.
Charleston Ecological Services Office--Pilot project maps for SC
U.S. Fish and Wildlife Service, 176 Croghan Spur Road, Suite 200,
Charleston, SC 29407; (843) 727-4707.
North Florida Field Office--Pilot project maps for North/North
Central FL
U.S. Fish and Wildlife Service, 7915 Baymeadows Way, Suite 200,
Jacksonville, FL 32256-7517; (904) 731-3336.
South Florida Ecological Services Office--Pilot project maps for
South FL
U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL
32960-3559; (772) 562-3909.
Panama City Ecological Services and Fisheries Resources Office--
Pilot project maps for Northwest FL
U.S. Fish and Wildlife Service, 1601 Balboa Avenue, Panama City, FL
32405-3721; (850) 769-0552.
Lafayette Ecological Services Field Office--Pilot project maps for
LA
U.S. Fish and Wildlife Service, 646 Cajundome Boulevard, Suite 400,
Lafayette, LA 70506; (337) 291-3100.
Rowan W. Gould,
Acting Director.
[FR Doc. E9-7772 Filed 4-6-09; 8:45 am]
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