Engineers Corps April 2009 – Federal Register Recent Federal Regulation Documents

Notice of Public Scoping for the Missouri River Ecosystem Restoration Plan, Missouri River Basin, United States
Document Number: E9-8739
Type: Notice
Date: 2009-04-16
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
On Monday, January 26, 2009, the U.S. Department of Defense (DoD), U.S Army Corps of Engineers (USACE), Kansas City and Omaha Districts, issued a Notice of Intent to prepare an Environmental Impact Statement (EIS) for the preparation of the Missouri River Ecosystem Restoration Plan (74 FR 4382). Pursuant to Subsection (a) of Section 5018 of the Water Resources Development Act of 2007 (WRDA 2007), the U.S. Army Corps of Engineers must study actions required to mitigate habitat losses of aquatic and terrestrial habitat, recover federally listed species under the Endangered Species Act and restore ecosystem functions to prevent further declines among other native species. As part of this effort, the Kansas City and Omaha District offices of the U.S. Army Corps of Engineers are hosting public scoping meetings. The first official phase of public scoping will occur from May 1, 2009
Notice of Availability of a Final Supplemental Environmental Impact Statement/Supplemental Environmental Impact Report (SEIS/SEIR), Draft Air Quality Conformity Determination (CD), and Section 404 Clean Water Act for the Port of Los Angeles Channel Deepening Project, Los Angeles, CA
Document Number: E9-8614
Type: Notice
Date: 2009-04-15
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers, Los Angeles District (Corps) and the Los Angeles Harbor Department (LAHD) have prepared a joint Final Supplemental Environmental Impact Statement/Supplemental Environmental Impact Report (SEIS/SEIR) for the Port of Los Angeles Channel Deepening Project, Los Angeles County, California. The Corps and the LAHD have reviewed the written and oral comments received during the August 6, 2008 public hearing and during the public comment period for the Draft SEIS/SEIR. The Corps is publishing a Notice of Availability for the Final SEIS/EIR and Draft CD in the Federal Register for public review. The document will also be placed at public libraries in the vicinity of the project area and distributed to the concerned resource agencies and the public who has provided comment on the Draft SEIS/SEIR.
Public Notice Concerning Nationwide Permit 46
Document Number: E9-8611
Type: Notice
Date: 2009-04-15
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
In response to a memorandum opinion issued on March 26, 2008, in litigation relating to Nationwide Permit (NWP) 46, the U.S. Army Corps of Engineers (Corps) is removing a sentence in the preamble that was published in the March 12, 2007, final notice for the reissuance of the Nationwide Permits and replacing that sentence and providing additional clarification. The preamble language at issue concerns when a pre-construction notification is required in connection with NWP 46, and we are soliciting comments on the removed sentence, the replacement sentences, and the additional clarification provided in this notice. The Corps is not proposing any changes to the terms and conditions of NWP 46.
Notice of Availability of a Final General Conformity Determination and Record of Decision for the Berths 136-147 [TraPac] Container Terminal Project, Port of Los Angeles, Los Angeles County, CA
Document Number: E9-8239
Type: Notice
Date: 2009-04-10
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
In November 2007, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Los Angeles Harbor Department (LAHD) completed and published a joint Final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) for the Berths 136-147 [TraPac] Container Terminal Project (Project) in the Port of Los Angeles. On November 14, 2008, the Corps published an Addendum to the Final EIS, including a Draft General Conformity Determination, for the Federal action associated with the Project. Comments were received on the Addendum to the Final EIS and Draft General Conformity Determination until December 15, 2008. A General Conformity Determination was required because Project construction would require Federal action (i.e., issuance of a Corps permit for work and structures in and over navigable waters, discharges of fill into waters of the U.S., and transport and disposal of dredged material in ocean waters) and not all the Federal action's direct and indirect air emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). On March 12, 2009, the Corps completed its environmental review and made a Final General Conformity Determination, executed the Record of Decision (ROD), and issued a Standard Individual Permit for the Federal action associated with the Project, pursuant to Section 404 of the Clean Water Act, Section 10 of the River and Harbor Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act. The Corps considered and responded to all comments received in making the Final General Conformity Determination, executing the ROD, and issuing the Corps permit. The pubic can request copies of the Final General Conformity Determination document or the
Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/EIR) for the Aliso Creek, Orange County, CA
Document Number: E9-8107
Type: Notice
Date: 2009-04-09
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The purpose of the study is to evaluate an approximately 7- mile reach of the Aliso Creek and 1,000 feet of the Wood Canyon tributary to Aliso Creek located in Orange County in the Cities of Laguna Beach, Laguna Nigel, and Aliso Viejo, CA and unincorporated Orange County. Much of the 7-mile reach is located within the Aliso and Wood Canyons Wilderness Park, which is owned and managed by Orange County. The focus of the project will be on watershed improvements to restore the creek's dynamic function and habitat for endangered species by developing alternatives for ecosystem restoration for impacted reaches of the creek. The restoration project will focus on revitalization of the riparian vegetation community; establishment of an environmental corridor to benefit wildlife and sensitive species;
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Town of Nags Head, Beach Nourishment Project in Dare County, NC
Document Number: E9-8084
Type: Notice
Date: 2009-04-09
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division, has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, from the Town of Nags Head to dredge up to 4.6 million cubic yards of beach-quality sediment from an offshore borrow source, and deposit the material along approximately 10 miles of ocean shoreline in the Town of Nags Head.
Notice of Availability for the Final Environmental Impact Statement/Environmental Impact Report and a Draft General Conformity Determination for the Middle Harbor Redevelopment Project, Port of Long Beach, Los Angeles County, CA
Document Number: E9-7524
Type: Notice
Date: 2009-04-03
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
On May 19, 2008, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Port of Long Beach (POLB) completed and published the Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Middle Harbor Redevelopment Project (Project) in the Port of Long Beach. The Corps and POLB considered all comments received in preparing the Final EIS/EIR, which is available for a 30-day review (April 3, 2009 through May 3, 2009). The Final EIS/EIR includes a draft general conformity determination (see Appendix A-4), pursuant to Section 176(c) of the Clean Air Act. A general conformity determination is necessary because Project construction would require Federal action (i.e., issuance of a Corps permit for activities proposed in navigable waters and waters of the U.S.) and not all the Federal action's direct and indirect emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). Pursuant to the general conformity regulations (40 CFR part 93, subpart B), general conformity determinations do not have to be included in the EIS and can be separately noticed, but the draft general conformity determination for the Federal action associated with the Project is being included in the Final EIS/EIR in this case.
Notice of Availability of the Final Supplemental Environmental Impact Statement for the Nourishment of 25,000 Feet of Beach in Topsail Beach, Pender County, NC
Document Number: E9-7380
Type: Notice
Date: 2009-04-02
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, from the Town of Topsail Beach to conduct a one-time interim beach fill project to protect oceanfront development and infrastructure until such time that a Federally authorized shore protection project can be implemented. The Corps has prepared a Final Supplemental Environmental Impact Statement (FSEIS) in accordance with the National Environmental Policy Act (NEPA). This FSEIS was developed as a supplement to the West Onslow Beach and New River Inlet (Topsail Beach), NC, General Reevaluation Report (GRR) and Environmental Impact Statement (EIS) (USACE, 2008) prepared by the Wilmington District Corps of Engineers (USACE or the Corps) to evaluate resources and environmental considerations involved with the proposed Federal Beach nourishment project. The purpose of this supplement is to fully evaluate the potential impacts of the private action proposed as an addition to the Federal Project and to evaluate alternatives to the proposed action. The private action is proposed to respond to current, substantial erosion occurring along the oceanfront shoreline of the Town of Topsail Beach, NC. While Federal budget priorities have made it difficult to obtain funds for civil works projects in general and beach protection projects in particular, the projected earliest construction date for the Federal project is 2012. State and agency review and comment on Final GRR and EIS were completed in summer 2008. The Recommended Plan outlined in the Final GRR and EIS includes use of all the identified borrow sites over the next 50 years pending further investigations during the development of detailed plans and specifications. Given the current status of the GRR-EIS and the need for Congressional authorization, funding, preparation of plans and specifications, and right-of-way acquisition, the Federal project may not be implemented until Fiscal Year 2012, or possibly later. Accordingly, the Town of Topsail Beach would like to construct an interim beach fill project to protect its development and infrastructure during the period between now and the time the Federal project is constructed. In order to account for any possible delays in the construction of the Federal project, a construction date of 2016 was used in the development of the alternatives and economic analysis for the interim project. This would maintain the baseline conditions described in the Final GRR and FSEIS.
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