Engineers Corps 2009 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers, Fort Worth District (USACE) has received an application for a Department of the Army permit under Section 404 of the Clean Water Act (CWA) from The Sabine Mining Company (SMC) to construct, operate, and reclaim the South Hallsville No. 1 Lignite MineRusk Permit Area. In accordance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the USACE has determined that issuance of such a permit may have a significant impact on the quality of the human environment and, therefore, requires the preparation of an Environmental Impact Statement (EIS).

The U.S. Army Corps of Engineers, Sacramento District (Corps), will prepare an Environmental Impact Statement (EIS) for the Elverta Specific Plan project, a proposed master planned community in Sacramento County, CA. The Elverta Owners Group has applied for Department of Army permits to fill approximately 39 acres of waters of the United States, including wetlands, to construct this project.

Analyses of foreseeable environmental impacts from potential actions in the vicinity of Trilby Wash and the McMicken Dam project area located near the Cities of Surprise, Sun City, El Mirage Litchfield Park and Goodyear, Maricopa County, Arizona will commence. No explicit plans have been advanced as yet, so contents of the Draft Environmental Impact Statement (DEIS) remain to be determined during the public scoping process. The Trilby Wash Study area encompasses the Trilby Wash watershed upstream and downstream from the McMicken Dam Project which includes: McMicken Dam, McMicken Dam Outlet Channel and McMicken Dam Outlet Wash, approximately 9 miles, 6 miles, and 4 miles respectively in length. The McMiken Dam Outlet Wash discharges to the Agua Fria River in Maricopa County, Central Arizona.

The public scoping comment period for the Intent to Prepare an Environmental Impact Statement for the Regional Watershed Supply Project by Million Conservation Resource Group, published in the Federal Register on Friday, March 20, 2009 (74 FR 11920), required comments be submitted by May 19, 2009 following publication in the Federal Register. The comment period has been extended to July 27, 2009. In addition, the COE will be conducting two additional public scoping meetings to describe the Project, preliminary alternatives, the NEPA compliance process, and to solicit input on the issues and alternatives to be evaluated and other related matters.

The Department of the Army, Army Corps of Engineers today withdraws its Notice of Intent (67 FR 65342, October 24, 2002) to prepare a Draft Environmental Impact Statement (DEIS) for the St. Charles International Airport Project.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the California Department of Fish and Game, has completed a Draft Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the Newhall Ranch Resource Management and Development Plan and Spineflower Conservation Plan. The project proponent and landowner, The Newhall Land and Farming Company, requires a long-term Section 404 permit from the Corps of Engineers for permanent impacts to approximately 82.3 acres of waters of the United States, including 8.69 acres of wetlands, for the construction of various facilities in waters of the United States associated with the development of a new community composed of a broad range of residential, mixed-use and nonresidential land uses in the 12,000-acre project area located in Santa Clarita, Los Angeles County, California.

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.

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

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.

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.

The Wilmington District, U.S. Army Corps of Engineers (USACE) is conducting a study to evaluate the long-term (20-year) dredged material placement needs and opportunities for Morehead City Harbor, NC. The study area encompasses Morehead City Harbor and the Ocean Bar approach channels extending seaward to deep water through Beaufort Inlet in Carteret County, near Morehead City, NC. The study will include the preparation of an integrated (combined) Dredged Material Management Plan (DMMP) and Draft Environmental Impact Statement (DEIS) and will identify, evaluate, screen, prioritize, and ultimately optimize placement alternatives resulting in the recommendation of a plan for the placement of dredged materials for at least the next 20 years.

The U.S. Army Corps of Engineers (Corps) published a document in the Federal Register on September 12, 2008 (73 FR 52926), revising the restricted areas at Naval Support Activity (NSA), Panama City (PC), Florida. The latitude of the shared point for the southeast point of restricted area BA-1 (Sec. 334.761(a)(2)) and the southwest point of restricted area BA-2 (Sec. 334.761(a)(3)) should have been provided as 30[deg]10'32'' N. This document corrects the final regulation by revising these actions.

The U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division has been reviewing the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act from the Town of Cary, acting as the lead for the Western Wake Regional Wastewater Management Facilities Project Partners (Western Wake Partners), to construct Regional Wastewater Management Facility. The proposed project consists of regional wastewater pumping, conveyance, treatment, and discharge facilities to serve the Towns of Apex, Cary, Holly Springs and Morrisville, as well as the Wake County portion of Research Triangle Park (RTP South), NC. The project is being proposed by the Western Wake Partners to provide wastewater service for planned growth and development in the project service area and to comply with two regulatory mandates. One regulatory mandate has been issued by the North Carolina Environmental Management Commission (EMC), and the second regulatory mandate has been issued by the North Carolina Department of Environment and Natural Resources (NC DENR).

The purpose of the project is to reconstruct and rehabilitate Reach 1A of the Herbert Hoover Dike to prevent catastrophic failure of the system to retain the waters of Lake Okeechobee. On July 8 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) for the Major Rehabilitation actions proposed for Herbert Hoover Dike (HHD), Reach One. Herbert Hoover Dike is the levee that completely surrounds Lake Okeechobee. On September 23, 2005, a Record of Decision was signed adopting the preferred alternative as the Selected Plan for Reach One. As plans and specifications were developed for Reach 1, it became apparent that the cut-off wall with seepage berm alternative would not work for all of Reach 1. The alternative for Reach 1A will be a combination of one or more of the following features dependent on the geology and adjacent land factors with the cut-off wall: Seepage Berm, Relief Trench, Soil Replacement Wedge, Relief Wells, Drainage Feature and Sand Columns. Reach 1A of the HHD extends for approximately 4.6 miles within Martin and Palm Beach Counties, from the St. Lucie Canal at Port Mayaca, south to the 10A culvert. The final full design of the cutoff wall and landside rehabilitation feature will include lands outside of the existing ROW. Therefore it is necessary to update the July 2005 SEIS for Reach 1A to include these new landside rehabilitation features and any impacts to lands outside of the existing ROW. Two separate draft and final SEIS's will be developed for the four Subreaches: An SEIS for Subreach 1A will be completed first and a second SEIS for Subreaches 1B, 1C, and 1D will be completed when designs (anticipated late 2009) are available. This study is a cooperative effort between the Corps and the South Florida Water Management District (SFWMD).

This notice of availability announces the public release of the Final Supplement to the Environmental Impact Statement (SEIS) to evaluate construction of authorized improvements to the Gulfport Harbor Federal navigation project in Harrison County, MS. The Mobile District, U.S. Army Corps of Engineers (Corps) published in the Federal Register, March 31, 2006, (71 FR 16294) a Notice of Intent to Prepare a Draft SEIS to address the potential impacts associated with construction of authorized improvements to the Federal Gulfport Harbor navigation project in Harrison County, MS. The Corps published in the Federal Register, February 9, 2007, (72 FR 6224) a Notice of Availability of the Draft SEIS. Comments were received and incorporated into the Final SEIS. The Final SEIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA). The Corps' proposed action in the Final SEIS includes widening the Federally authorized Mississippi Sound channel to 300 feet and the Bar channel to 400 feet. In addition, disposal of the associated dredged material would be placed beneficially in water depths of 25 feet or greater east of the Chandeleur Islands and material dredged from within the Ship Island Pass (littoral zone) would be placed in the existing littoral zone disposal area in water depths between 14 feet and 18 feet. Future maintenance material dredged from the navigation channel would be placed in open-water sites within Mississippi Sound utilizing thin-layer disposal methods, the existing littoral zone disposal area, and within the existing Ocean Dredged Material Disposal Sites.

The U.S. Army Corps of Engineers (USACE), San Francisco District, has received applications for Department of the Army authorizations from Edenbridge, Incorporated (EI) to construct two projects in the City of Fairfield, Solano County, CA. One project, Hawthorne Mill East, is a mixed-residential development project and the second, Hawthorne Mill West, is a residential development project. Development of Hawthorne Mill East will require permanent placement of fill in 37.8 acres of waters of the U.S. Hawthorne Mill West would result in permanent impacts to 0.5 acres of waters of the U.S. In accordance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the USACE has determined that the proposed actions may have a significant impact on the quality of the human environment and therefore requires the preparation of an Environmental Impact Statement (EIS). Although the two projects are separate projects with independent utility, the USACE and the City have elected to consider these two related projects in a single document to allow for concurrent processing of requested entitlements. A combined Environmental Impact Report (EIR)/EIS will be prepared with the USACE as the Federal lead agency and the City of Fairfield (City) as the local lead agency (under the California Environmental Quality Act, or CEQA). The Hawthorne Mill East project is intended to become an integral part of the City's proposed train station by contributing to the creation of a populated, mixed-use transit hub and complementing the urban development principles as contemplated by the City. The proposed action is intended to: (1) Maximize long-term land use opportunities presented by the rail station by including a mix of land uses within walking distance of the station; (2) maximize pedestrian and bicycle access between residential and commercial development and the train station; (3) meet the City's regional housing needs requirements in a manner that minimizes pressure on regional highway facilities; (4) contribute to the clear identity of the train station as a comfortable, attractive, and vibrant public realm; and (5) provide appropriate protection of sensitive natural resources. The purpose of the Hawthorne Mill West project is to provide residential housing to fulfill the unmet needs of the City of Fairfield and to contribute to regional growth management by locating residential development on an infill site that is contiguous with existing development.

The U.S. Army Corps of Engineers (Corps), Jacksonville District, intends to prepare an integrated Feasibility Report/Draft Environmental Impact Statement (FR/DEIS) for the Southwest Florida Feasibility Study/Watershed Plan. The study is a cooperative effort between the Corps and the South Florida Water Management District (SFWMD), which is also a cooperating agency for this DEIS. The goal of the Southwest Florida Feasibility Study is to produce a regional restoration plan that addresses water resources issues within all watersheds in southwest Florida. It is intended that this plan will meet many of the ecological and hydrological restoration needs of southwest Florida. The problems which will be addressed in this study include loss of natural ecosystems and landscape connectivity/ degradation of wildlife habitat, altered, unnatural freshwater flows to wetlands and estuaries (altered surface water hydrology), and water quality degradation in surface waters.

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).

The Honolulu Seawater Air Conditioning, LLC proposes to construct a seawater air conditioning system (SWAC) at Kaka'ako on the south shore of O'ahu in order to provide a renewable-energy air conditioning system for downtown Honolulu buildings. The applicants propose to construct intake and return pipelines in adjacent coastal waters to utilize available deep, offshore cold seawater for their planned onshore cooling plant. The proposed pipeline staging and installation sites are located within the navigable waters of the United States and the proposed activity is subject to the regulatory jurisdiction of the U.S. Army Corps of Engineers.

This notice of availability announces the public release of the Draft Comprehensive Plan and Integrated Programmatic Environmental Impact Statement (EIS) for the Mississippi Coastal Improvements Program (MsCIP), Jackson, Harrison, and Hancock Counties, MS. The Mobile District, U.S. Army Corps of Engineers (Corps) published in the Federal Register, August 9, 2006, (71 FR 45537) a Notice of Intent to Prepare a Draft EIS to address the potential impacts associated with actions to comprehensively address hurricane and storm damage reduction, prevention of saltwater intrusion, preservation of fish and wildlife, prevention of erosion, and other related water resource purposes in coastal Mississippi. These actions are related to the consequences of hurricanes in the Gulf of Mexico in 2005. The Corps will forward recommendations to Congress as authorized by the Department of Defense Appropriations Act, 2006 (Pub. L. 109-148) dated December 30, 2005. The tentatively selected comprehensive plan elements for construction include ecosystem restoration of the barrier islands, mainland beaches, and sites at Admiral Island, Turkey Creek, Dantzler, Bayou Cumbest, Franklin Creek, Deer Island, and submerged aquatic vegetation in Bayou Cumbest which will restore approximately 3,210 acres of emergent tidal marsh, wet pine savannah, scrub/shrub, submerged aquatic vegetation, and beach and dune habitats. In conjuction with the ecosystem restoration efforts, the Draft Comprehensive Plan/Integrated Programmatic EIS recommends tentatively selected flood damage reduction elements, including Forrest Heights Levee, High Hazard Area Risk Reduction Plan Phase I, Waveland Flood Proofing Pilot Projects, and Moss Point Municipal Facility relocation. The EIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division is issuing this notice to advise the public that a State of North Carolina funded Draft Environmental Impact Statement (DEIS) will be prepared for the improvement of US 64 to a multilane facility, and replacement of the Lindsey C. Warren bridge in Tyrrell and Dare Counties, North Carolina (TIP Projects R-2544 and R- 2545).

The action being taken is the preparation of a joint environmental impact statement/environmental impact report (EIS/EIR) for the Sacramento River Bank Protection Project (SRBPP) Phase II Supplemental Authority. The SRBPP Phase II Supplemental Authority will result in the implementation of an additional 80,000 linear feet of bank protection in the Sacramento River Flood Control Project area, as authorized by the Water Resources Development Act (WRDA) of 2007. The SRBPP Phase II Supplemental Authority is located in the Sacramento River Flood Control Project (SRFCP) area, consisting of the Sacramento River and its Tributaries, CA.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended and in furtherance of the Water Resources Development Act of 2007, the U.S. Army Corps of Engineers, Kansas City and Omaha Districts, intend to prepare the Missouri River Ecosystem Restoration Plan and Environmental Impact Statement (plan/EIS). In developing the plan, the Corps 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. During an extended scoping process, we will invite comment on the draft purpose and need statements for the plan/EIS. The plan/EIS will describe a range of alternatives for achieving the purpose of the plan and assess the effects of those alternatives, including a preferred alternative, on the human environment as defined by NEPA. The goal of this planning effort is to develop and implement a single, comprehensive and integrated plan to guide the implementation of programs associated with mitigation, recovery, and restoration activities in the Missouri River Basin.

The Alaska District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to address the potential impacts associated with the construction of the proposed Beluga to Fairbanks (B2F) Alaska natural gas transportation pipeline. The Corps will be evaluating a permit application for work under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The Environmental Impact Statement (EIS) will be used as a basis for the permit decision and to ensure compliance with the National Environment Policy Act.

The U.S. Army Corps of Engineers, Sacramento District, intends to prepare a joint environmental impact statement/environmental impact report (EIS/EIR) for the construction of bank protection at River Mile 208 on the Sacramento River to prevent continued bank erosion and potential outflanking of the Glenn-Colusa Irrigation District Hamilton City Pumping Plant (HCPP), near Hamilton City, CA. The proposed action is being conducted under the HCPP Fish Screen Improvement Project.