Department of the Army, Corps of Engineers October 2014 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (USACE), New Orleans District intends to prepare an Environmental Impact Statement (EIS) to inform a decision on a Department of the Army (DA) permit application pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act, and permissions request under 33 U.S.C. 408, submitted by the Coastal Protection and Restoration Authority of Louisiana (CPRA) for the Mississippi River Reintroduction into the Maurepas Swamp (MRRMS) freshwater diversion project (proposed project). The USACE has determined the proposed project will result in significant impacts to the human environment, therefore an EIS is necessary to ensure compliance with the National Environmental Policy Act (NEPA) and as a basis for both the permit decision and the Section 408 permissions. The DA permit and the 408 permissions are two separate processes with different authorities analyzed by different mission areas (including Regulatory and Civil Works) inside the USACE. Under Section 404 of the CWA and Section 10 of the Rivers and Harbors Act, the District Engineer permits the discharge of dredged or fill material into the waters of the United States as well as work, to include the installation and maintenance of structures, in navigable waters of the U.S., if the discharge meets the requirements of the Environmental Protection Agency's 404(b)(1) guidelines, and the proposal is determined to not be contrary to the overall public interest. Under 33 U.S.C. 408, the Chief of Engineers grants permission to alter, modify, or impair an existing USACE project if it is not injurious to the public interest and does not impair the usefulness of such work. The proposed project involves structural crossings of the Federal Mississippi River and Tributaries (MR&T) Levee and could potentially impact the Mississippi River Navigation Channel, the future footprint of the Federal West Shore Lake Pontchartrain Hurricane and Storm Damage Risk Reduction System levee project as well as other Federal projects. USACE Regulatory and Civil Works will coordinate on all aspects of the production of the EIS.

The purpose of this notice is to initiate the scoping process for preparation of an Environmental Impact Statement (EIS) for the Los Angeles Harbor Department (LAHD) Berths 226-236 [Everport] Container Terminal Improvements Project.

In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Baltimore District (USACE) and the non-Federal sponsor, the Maryland Port Administration (MPA), are intending to prepare a decision document and supporting Supplemental Environmental Impact Statement (SEIS) to execute Phase II of the Baltimore Harbor and Channels 50-Foot project to complete the construction of the project channels to their authorized widths and consider reformulation of the plan to develop new alternatives. Because of the lapse in time since the authorization of the original project report and EIS in 1981 and the completion of Phase I in 1990, the intention of the new decision document and SEIS is to consider whether widening the existing project channels to the authorized widths for Phase II is still in the federal Interest and to allow for reformulation of the plan for Phase II, as appropriate, to develop new alternatives.

The U.S. Army Corps of Engineers (Corps) will prepare an Environmental Impact Statement (EIS) to evaluate project alternatives and the public interest review factors, as well as the effects on Back Bay National Wildlife Refuge for the proposed mooring and launching facility.

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are extending the comment period for the proposed rule ``Definition of `Waters of the United States' Under the Clean Water Act'' published on April 21, 2014. The agencies are extending the comment period in response to stakeholder requests for an extension and to allow comments on new supporting materials.