Engineers Corps 2010 – Federal Register Recent Federal Regulation Documents

The St. Paul District of the U.S. Army Corps of Engineers (St. Paul District) will prepare a Supplement to the Draft Environmental Impact Statement and Feasibility Study (EIS/FS) for a Proposed Fargo- Moorhead Flood Risk Management Project on the Red River of the North in Fargo, ND, and Moorhead, MN (Proposed Fargo-Moorhead Project). On May 5, 2009, the St. Paul District published a notice of intent to prepare a Draft EIS/FS for a Proposed Fargo-Moorhead Project. On June 11, 2010, the St. Paul District published a notice of availability of the Draft EIS/FS. The U.S. Army Corps of Engineers has now decided to prepare a Supplemental Draft EIS/FS to further evaluate impacts of a Proposed Fargo-Moorhead Project and potential measures to mitigate for those impacts. The Supplemental Draft EIS/FS should be available for public review and comment in the spring of 2011.

The Chicago District, U.S. Army Corps of Engineers (USACE) announces its intent to (1) prepare a Draft EIS, (2) accept public comments and (3) host a public scoping meeting in Chicago for GLMRIS. In collaboration with other Federal, State, and local agencies as well as non-governmental entities, USACE is conducting a feasibility study of the options and technologies that could be applied to prevent or reduce the risk of aquatic nuisance species (ANS) transfer between the Great Lakes and Mississippi River basins through aquatic pathways.

The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the Upper Machodoc Creek and the Potomac River in the vicinity of Dahlgren in King George County, Virginia. The Naval Surface Warfare Center, Dahlgren conducts research, development, testing and evaluation of national defense systems on the Potomac River Test Range. Many of the tests are hazardous operations presenting a danger to persons or property in the danger zone. The proposed amendment is necessary to protect the public from hazardous operations such as firing large and small caliber guns and projectiles, aerial bombing, use of directed energy and operating manned or unmanned watercraft. The proposed amendment adds a 100-yard buffer to the Middle Danger Zone to prevent public contact with unexploded ordnance along the shoreline of Naval Surface Warfare Center, Dahlgren within this zone.

In accordance with the National Environmental Policy Act of 1968, as amended, the U.S. Army Corps of Engineers has prepared a Draft Programmatic Environmental Impact Statement (EIS) for the Mechanical Creation and Maintenance of Emergent Sandbar Habitat on the Riverine Segments of the Upper Missouri River and by this notice is announcing the opening of the comment period.

The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations to establish one new danger zone in Pamlico Sound near Marine Corps Air Station Cherry Point, North Carolina. Establishment of this danger zone will enable the Marine Corps to control access and movement of persons, vessels, and objects within the danger zone during live fire training exercises.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) is issuing a Final Environmental Impact Statement (EIS) which analyzes programmatically the direct, indirect and cumulative effects associated with six residential development projects in the Sunridge Specific Plan area in Rancho Cordova, Sacramento County, CA. The purpose of the EIS is to provide decision-makers and the public with information pertaining to the Proposed Action and alternatives, and disclose environmental impacts and identify mitigation measures to reduce impacts. The Proposed Action is the construction of the six projects (collectively, the ``Sunridge Properties'') which would require the filling of approximately 29.7 acres of waters of the United States, including wetlands. The EIS has been prepared as part of ongoing litigation concerning Department of the Army (DA) permits issued by the Corps between 2005 and 2007 for five of the projects and a pending DA permit decision for the sixth. A stay in the litigation is in place for the Corps to complete the EIS. The EIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the Corps' regulations for NEPA implementation at 33 Code of Federal Regulations parts 230 and 325 Appendix B. The Corps is the lead Federal agency responsible for complying with NEPA and information contained in the EIS serves as the basis for decisions regarding issuance of a DA permit.

The U.S. Army Corps of Engineers (USACE) intends to prepare a Draft Environmental Impact Statement (EIS) for the Louisiana Coastal Area (LCA)Louisiana, Medium Diversion at Myrtle Grove with Dedicated Dredging project. The proposed restoration feature consists of a diversion, coupled with dedicated dredging, that would allow the reintroduction of freshwater, sediment and nutrients into the critically effected area of the Barataria Basin, which is located in the Ascension, Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St. Charles, St. James, and St. John the Baptist parishes, Louisiana. This particular combination of restoration features would allow for rapid creation of wetland acreage and enable long-term stability. This EIS will be tiered off of the programmatic EIS for the LCA Ecosystem Restoration Study, November 2004. The record of decision for the programmatic EIS was signed on November 18, 2005.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board on Coastal Engineering Research. Date of Meeting: October 25-26, 2010. Place: Atlanta Airport Marriott Gateway, 2020 Convention Center Concourse, Atlanta, GA 30337. Time: 3 p.m. to 6:15 p.m. (October 25, 2010). 8:30 a.m. to 3 p.m. (October 26, 2010).

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers (USACE) will prepare an Integrated Feasibility Report/Environmental Impact Statement (FR/EIS) for proposed ecosystem restoration and flood risk management in the Skokomish River Basin which empties into Hood Canal, near Shelton, Washington. The Skokomish Indian Tribe and Mason County are the non-Federal sponsors for the project. The Skokomish River General Investigation (GI) Feasibility Study for the Skokomish River Basin is being conducted under the authority of Section 209 of the Flood Control Act of 1962 (Pub. L. 87-874). The Skokomish River channel has been filling with sediment for several decades, resulting in frequent flooding and decreasing natural ecosystem structures, functions, and processes necessary to support critical fish and wildlife habitat throughout the Skokomish River Basin. Increased sediment load, reduced flows, and encroachment of the floodplain by man-made structures are leading to continued degradation of natural ecosystem functions and habitat. The degraded riverine and estuarine aquatic habitat has caused a decline in the population of critical fish and wildlife species, including multiple ESA listed species. Additionally, the channel capacity of the Skokomish River varies significantly. Limited channel capacity causes floodwater to leave the banks at various locations, ultimately causing frequent flooding of local roads, two state highways, agricultural fields, residences, and other structures. The Skokomish River GI is a basin-wide study; however, work by others, constrain the limit of Corps' involvement to actions primarily in the lower Skokomish River Valley. Problems, opportunities, and objectives will be examined within the context of the entire watershed. Recognizing the relationships between the upper and lower watershed will ensure a comprehensive study overview. The purpose of the FR/EIS and feasibility study is to evaluate if there is a federal interest in aquatic ecosystem restoration and flood risk management in the Skokomish River Basin.

In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting.

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective partially exclusive license of the following U.S. Patent Application 12/243,084, Filed October 01, 2008, to Green & Grow LLC for use in agricultural applications and products (to include crop preparation, cover crop, seed germination, seed coatings, side dressing, lawn application and starter ground cover) and applications in the fields of soil and slope stabilization, enhanced bioremediation, dust and run-off control, fly ash removal, emissions particulate removal, metal and inorganic chelation in soils and water, soil erosion, road stabilizer, and dust suppression.

The Corps of Engineers (Corps) is proposing to amend its regulations to establish a permanent restricted area in the waters of the Potomac River in the vicinity of Marine Corps Base (MCB) Quantico, located in Quantico, Virginia. The establishment of a permanent restricted area is necessary to reflect the current security and safety needs at MCB Quantico, including protection of military assets at the Marine Corps Air Facility (MCAF) Quantico, which include the Presidential Helicopter Squadron. The assets located on MCAF Quantico are considered national assets of strategic value and require the increased protection obtained by restricting all public access to within 500 meters of the MCAF shoreline. The proposed restricted area provides standoff from most small arms weapons, acts as a security buffer, and assists USMC security forces in determining intent amongst heavy boat traffic. Additionally, there is an extreme hazard to small craft and vessels operating in close proximity to the MCAF due to jet and prop wash from heavy jet and rotary wing aircraft operating at low altitudes while conducting takeoff and landing operations. The proposed restricted area protects public safety by denying vessels access to this danger. The restricted area is also required to protect public health by preventing vessels from disturbing a planned environmental remediation area located in the vicinity of MCAF. The restricted area will extend approximately 500 meters from the shoreline of MCB/MCAF Quantico and will include the Chopawamsic Creek channel.

The U.S. Army requested that the U.S. Army Corps of Engineers (Corps) revise the regulation for the restricted area in the Cape Fear River and its tributaries at Sunny Point Army Terminal, Brunswick County, North Carolina, by renaming the marker buoys and specifying the latitude and longitude for those buoys. There are no other changes proposed for this restricted area regulation. The purpose of the proposed rule is to correct the buoys designating the boundary of the restricted area which provide security for the facility, and prevent acts of terrorism, sabotage, or other criminal acts against the facility, including vessels loading and offloading at the Sunny Point Army Terminal. In the ``Rules and Regulations'' section of the Federal Register, we are publishing this change to the restricted area regulation as a direct final rule without prior proposal because we view this as a non-controversial adjustment to our restricted area regulations and anticipate no adverse comment. We have explained our reasons for this approval in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this rule and it will go into effect. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will

The Little Rock District of the U.S. Army Corps of Engineers (Corps) is withdrawing its intent to prepare an Environmental Impact Statement (EIS) for the Arkansas White River Cutoff Study. The original Notice of Intent (NOI) was published in the Federal Register on June 20, 2003 (68 FR 36974). The Corps has determined that a long term solution that is economically justified and environmentally acceptable cannot be determined under current authorities and funding at this time.

The U.S. Army Corps of Engineers, New York District (District), is preparing a Draft Environmental Impact Statement (DEIS) to ascertain compliance with and to lead to the production of a National Environmental Policy Act (NEPA) document in accordance with the President's Council of Environmental Quality (CEQ) Rules and Regulations, as defined and amended in 40 Code of Federal Regulations (CFR), Parts 1500-1508, Corps principles and guidelines as defined in Engineering Regulation (ER) 1105-2-100, and other applicable Federal and State environmental laws for the proposed Mamaroneck and Sheldrake Rivers Flood Damage Risk Reduction Project. The study area consists of the Mamaroneck and Sheldrake Rivers Basin, which lies entirely within Westchester County, New York and contains portions of the Village and Town of Mamaroneck, the Cities of New Rochelle and White Plains, the Towns of Harrison and North Castle, and the Village of Scarsdale. The EIS process will identify the potential social, economic, cultural, and environmental affects through the implementation of the alternative plans. The District will work as part of a team to include the New York State Department of Environmental Conservation and possibly the County of Westchester, and the Village and/or Town of Mamaroneck.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Sacramento District has prepared a Final Environmental Impact Statement (FEIS) for the Rio del Oro Specific Plan Project, a proposed master-planned, mixed use development within south-eastern Sacramento County.

The U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division, has been reviewing 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 (Corps), in conjunction with the California Natural Resources Agency, is preparing an EIS/EIR for the Salton Sea Species Conservation Habitat (SCH) Project. The Corps is considering the Natural Resources Agency's application for a Department of the Army permit under section 404 of the Clean Water Act to construct habitat configured in a series of interconnected shallow ponds within the current footprint of the Salton Sea. Preliminary evaluations of potential siting areas indicate that ponds could be constructed at either the north or south ends of the Salton Sea, or in both areas. The SCH Project would be created as the Sea recedes by constructing dikes below the elevation of -228 feet mean sea level (msl) using material excavated from the sea bed. Rivers, which have better water quality than agricultural drain water, would provide the source of water for the ponds. The Project size at total build-out is currently expected to be approximately 2,400 acres, which may be constructed over a period of several years depending on land availability and cost. The final project size may vary depending on the outcome of the alternatives development process. Habitat ponds would vary in size, with several ponds constructed in each phase depending on land availability. Habitat would continue to be constructed in phases in subsequent years as the Sea recedes until the targeted acreage of habitat was constructed. The habitat would be designed with varying ranges of salinity in order to maximize biological productivity and minimize adverse effects associated with water quality. It is anticipated that the SCH Project would begin construction in late 2011 or early 2012.

The U.S. Army Corps of Engineers (Corps) is revising its regulations by establishing a new restricted area in the Atlantic Ocean off the coast of the John F. Kennedy Space Center (KSC), Florida. The KSC is the main launch facility for the National Aeronautics and Space Administration (NASA) and they need to have the capability to secure their shoreline at KSC. This amendment to the existing regulations is necessary to enhance KSC's ability to secure their shoreline to counter postulated threats to their facilities and to provide for safe launch operations.

In November 2008, the Los Angeles Harbor Department (LAHD) and the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) published a joint Final Supplemental Environmental Impact Statement and Subsequent Environmental Impact Report (SEIS/SEIR) for the development of a marine oil terminal at Berth 408 on Pier 400 in the Port of Los Angeles, Los Angeles County, California (Project). On February 19, 2010, the Corps published a draft general conformity determination for the Federal action associated with the Project. Comments were received on the draft general conformity determination until March 22, 2010. 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 of the U.S. pursuant to Section 10 of the River and Harbor Act) and not all the Federal action's direct and indirect air emissions would be below specified de minimis thresholds (40 CFR 51.853(b)). On June 1, 2010 and June 3, 2010, the Corps made a final general conformity determination and completed its environmental review and executed the Record of Decision (ROD), respectively, for the Federal action associated with the Project. The Corps considered and responded to all comments received in making the final general conformity determination and executing the ROD.

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers (USACE) will prepare an Environmental Impact Statement (EIS) for a proposed seawall replacement project along the Elliott Bay shoreline in Seattle, WA. The City of Seattle is the non-Federal sponsor for the project.

In the April 16, 2010 Federal Register (75 FR 19948), the U.S. Army Corps of Engineers (USACE) Omaha and Kansas City Districts announced in a Notice of Intent (NOI) that it will prepare a comprehensive feasibility-type report with an integrated Environmental Impact Statement (EIS) for the Missouri River Authorized Purposes Study (MRAPS). The NOI did not include specific details of the public scoping meetings. This notice announces the locations, dates, times, and format of the public scoping meetings.

The U.S. Army Corps of Engineers (Corps) is amending its regulations to establish a naval danger zone in the waters of the Pacific Ocean extending offshore from the small arms range at the Naval Base Coronado (NBC), in Coronado, San Diego County, California. The danger zone will provide an appropriate and enforceable zone in which the Navy may conduct small arms test firing to qualify military personnel.

The U.S. Army Corps of Engineers, Los Angeles District (Corps) is examining the environmental consequences associated with the proposed construction, operation, and closure of a new Class III landfill in northern San Diego County, in connection with Gregory Canyon, Ltd.'s application for a Department of the Army permit under Section 404 of the Clean Water Act to construct the proposed Gregory Canyon Landfill and associated facilities, which would discharge fill materials into approximately 2 acres of waters of the U.S. (less than 1 acre would be affected by permanent discharges of fill) in the San Luis Rey River to construct a bridge and in Gregory Canyon to construct the landfill liner, stability berm, and ancillary facilities.