Engineers Corps – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers, Galveston District, is issuing this notice to announce its intent to prepare a Draft Environmental Impact Statement (DEIS), for the proposed deepening and widening of the deep-draft Freeport Harbor Navigation Project, connecting port facilities in Freeport to the Gulf of Mexico. The District will conduct a study to evaluate deepening and widening alternatives, and dredged material disposal options, which will include both upland confined disposal and ocean disposal at designated sites in the Gulf of Mexico. The Freeport Harbor Navigation Project study area is located on the mid to upper Texas coast in Brazoria County, TX, extending from approximately 3 miles offshore at the 60-foot depth contour in the Gulf of Mexico, through the jettied Freeport Harbor entrance channel upstream to the Stauffer Channel Turing Basin. Depths and widths of up to 60-feet and 600-feet respectively are being considered from seaward, along with varying dimensions for upstream reaches and basins. The non- federal sponsor is the Brazos River Harbor Navigation District.

The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations for the restricted area established in the waters of Port Townsend Bay off Puget Sound adjacent to Naval Magazine Indian Island, Jefferson County, Washington. The amendments will enable the affected units of the United States military to enhance safety and security around an active military establishment. The regulations are necessary to safeguard military vessels and United States government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. The regulations are also necessary to protect the public from potentially hazardous conditions that may exist as a result of military use of the area.

The U.S. Army Corps of Engineers (Corps) Omaha District has prepared a Draft Supplemental Environmental Impact Statement (SEIS) to analyze the direct, indirect and cumulative effects of enlarging the currently permitted Rueter-Hess Reservoir in Parker, CO. The current project was authorized in February 2004 with Department of the Army Permit No. 199980472 (Section 404 Permit). The basic purpose of the Proposed Action would allow the reservoir to serve as a regional water management facility for multiple water providers in northern Douglas County; enable them to meet peak demands; greatly enhance water management in the region; and help extend the yield of the Denver Basin aquifers, a non-renewable water source and the primary source of water for the South Metro area. Expansion of the reservoir would result in direct impacts to an additional 0.21 acres of wetlands and 4 miles of intermittent stream channel (in addition to the 6.7 acres of wetlands and 5 miles of other waters of the U.S. permitted as part of the 16,200-acre-foot [AF] reservoir). This action requires authorization from the Corps under Section 404 of the Clean Water Act. The Permittee and Applicant is the Parker Water and Sanitation District (PWSD). The Draft SEIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the Corps' regulations for NEPA implementation (33 Code of Federal Regulations [CFR] Parts 230 and 325, Appendices B and C). The Corps, Omaha District, Regulatory Branch is the lead federal agency responsible for the Draft SEIS and information contained in the SEIS serves as the basis for a decision regarding issuance of a Section 404 Permit modification. It also provides information for local and state agencies having jurisdictional responsibility for affected resources.

The Notice of Availability for the Draft Environmental Impact Statement (DEIS) published in the Federal Register on Friday, May 18, 2007 (72 FR 28032), required comments be submitted on or before July 2, 2007. An editorial correction of the Notice document was published in the Federal Register on Thursday, June 2, 2007 (72 FR 31660). The comment period has been extended to September 4, 2007. Additionally, the June 5, 2007, Public Hearing on the proposed project has been rescheduled to August 9, 2007, at the Bauer Community Center, 2300 North Highway 35, Port Lavaca, TX 77979. Poster presentations will be available for viewing and project team members will be present to discuss the DEIS at a Workshop that will precede the Public Hearing. The Workshop will be conducted from 5 p.m. to 6:45 p.m. and the formal Public Hearing will comment at 7 p.m.

The U.S. Army Corps of Engineers (Corps), Jacksonville District, will be receiving a permit application for a Department of the Army permit under Section 404 of the Clean Water Act from the South Florida Water Management District (SFWMD) to construct Stormwater Treatment Areas (STAs) on parcels of land identified as Compartments B and C of the Everglades Agricultural Area (EAA) (Proposed Action). As part of the permit process, the Corps is evaluating the environmental effects associated with construction of STAs on these parcels in order to provide additional treatment to assist the existing STAs in the overall goal of improving the quality of water delivered and to be delivered to the Everglades Protection Area (EPA) in order to prevent further environmental degradation. The primary federal involvement associated with the Proposed Action is the discharge of fill material (including permanent inundation) within federal jurisdictional areas and Waters of the United States. In addition, the Proposed Action could have potential significant effects on the human environment. Therefore, the Corps will prepare an EIS in compliance with the National Environmental Policy Act (NEPA) to render a final decision on the SFWMD's permit application. The Corps' decision will be to either issue or deny a Department of the Army permit for the Proposed Action. The Draft EIS is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the Proposed Action and permit reviews.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 136-147 [TraPac] Container Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act to expand and modernize the container terminal at Berths 136-147 [TraPac], including: Expanding, redeveloping, and constructing container terminal facilities and a new on-dock rail facility; constructing 500 space parking lot for union workers; wharf work including dredging 295,000 cubic yards, renovating 2,900 feet of existing wharf, and constructing 705 feet of new wharf; installing five new gantry cranes to replace six existing gantry cranes; relocating the existing PHL Pier A switcher yard to Rear Berth 200; widening Harry Bridges Boulevard and constructing a new 30-acre landscaped buffer area between ``C'' Street and Harry Bridges Boulevard; and filling the 10- acre Northwest Slip, constructing backlands facilities on the fill, and constructing a new 400-foot wharf along the edge of the fill. In addition, the Port of Los Angeles is considering transporting and discharging at ocean disposal sites excess clean material generated by the dredging activities, which would require authorization pursuant to Section 103 of the Marine Protection, Research, and Sanctuaries Act.

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: Chief of Engineers Environmental Advisory Board (EAB). Topic: The EAB will discuss national considerations related to ecosystem restoration through integrated water resources management. Date of Meeting: July 18, 2007. Place: Hotel Palomar, 2121 P Street, NW., Washington, DC. Time: 9 a.m. to 12 p.m. Thirty minutes will be set aside for public comment. Members of the public who wish to speak must register prior to the start of the meeting. Registration will begin at 8:30. Statements are limited to 3 minutes.

Congress has appropriated limited funds to the U.S. Army Corps of Engineers (Corps) to implement the Estuary Habitat Restoration Program as authorized in Section 104 of the Estuary Restoration Act of 2000, Title I of the Estuaries and Clean Waters Act of 2000 (Pub. L. 106-457) (accessible at https://era.noaa.gov/pdfs/acts835.pdf). On behalf of the Estuary Habitat Restoration Council (Council), the Corps is soliciting proposals for estuary habitat restoration projects. This document describes project criteria and evaluation criteria the Council will use to determine which projects to recommend. Recommended projects must provide ecosystem benefits, have scientific merit, be technically feasible, and be cost-effective. Proposals selected for Estuary Habitat Restoration Program funding will be implemented in accordance with a cost-share agreement with the Corps. This is not a grants program.

The U.S. Army Corps of Engineers, Jacksonville District, intends to prepare a Draft Environmental Impact Statement (DEIS) for a new borrow area for the Martin County Beach Erosion Control Project. In cooperation with Martin County, the study will evaluate alternative sand sources that will maximize shore protection while minimizing environmental impacts.

In accordance with requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District, has prepared a Final Environmental Impact Statement (FEIS) for the proposed construction of a dredged material containment facility (DMCF) by the Maryland Port Administration (MPA). This FEIS was prepared as part of the submission of MPA's application for a Department of the Army permit to construct the facility in the Patapsco River, Baltimore City, MD. This application will be evaluated pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The preferred alternative is for the construction of a stone, sand, and cofferdam structure that would impact approximately 131 acres of waters of the United States, including jurisdictional wetlands. The structure would be initially constructed to 10 feet above the mean lower low water (MLLW) elevation, with a future temporary elevation to 42 feet above MLLW, and an ultimate elevation of 36 feet above MLLW. The project would also include mechanical dredging of approximately 1.5 million cubic yards of overburden material within the footprint of the proposed disposal site, and the placement of this material at the Hart Miller Island disposal site, Baltimore County, MD. On-site (Masonville borrow) and offsite borrow material (Seagirt borrow material and upland borrow) would be used for the construction of the containment facility. The Seagirt borrow material would come from the Seagirt Marine Terminal Access Channel deepening and widening project. The Draft EIS was advertised in the Federal Register on May 19, 2006 (71 FR 29128). A supplement to the Draft EIS was advertised in the Federal Register on June 30, 2006 (71 FR 37545). The need to prepare a Supplement was due to the applicant's proposal to change the source of borrow material for the proposed construction of the preferred alternative to include the use of suitable material dredged from the Seagirt Marine Terminal Access Channels. The FEIS evaluates the construction of a DMCF with a footprint of 141 acres, which includes 131 acres of tidal open water and wetlands. The DMCF would be constructed to an initial height of 10 feet above MLLW and then raised to a height of 42 feet above MLLW before being graded to a final height of 36 feet MLLW, which would be the same height as the adjacent land. A detailed description of the proposed project and effects to the human environment are discussed in the FEIS for the Masonville DMCF. The FEIS outlines measures the applicant may implement to address impacts to air quality resulting from activities described in the permit application.

In accordance with the National Environmental Policy Act (NEPA), the Baltimore District, U.S. Army Corps of Engineers (USACE), will conduct a review of the 1990 Chesapeake Bay Shoreline Erosion Study to investigate shoreline erosion and related sediment management measures which could be undertaken to protect the water and land resources of the Chesapeake Bay watershed and achieve the water quality conditions necessary to protect the Bay's living resources. USACE will prepare a Draft Environmental Impact Statement (EIS) and integrated feasibility report documenting study findings and plan formulation.

This notice of intent (NOI) is for the Mississippi RiverGulf Outlet (MRGO) 3-D Project. This notice of intent addresses the Federally authorized navigation channel located in southeastern Louisiana.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Eastern Municipal Water District (EMWD), has completed a Final Environmental Impact Statement (EIS) for the Hemet/San Jacinto Integrated Recharge and Recovery Project. EMWD requires authorization pursuant to Section 404 of the Clean Water Act for 15.9 acres of fill into waters of the U.S.

In accordance with Section 204 of the 1950 Flood Control Act (Pub. L. 516, 81st Congress, 2nd Session), as recommended by the Chief of Engineers in House Document Number 585, 81st Congress, 2nd Session, the Coyote Dam (also known as the ``Lake Mendocino Project''), Ukiah, CA, is authorized to be raised 36 feet to a total storage capacity of 199,000 acre-feet (ac-ft) when the need for additional water supply arises. Since construction of Coyote Dam, increased development of Mendocino County and the accelerated rate of sedimentation in Lake Mendocino have resulted in the need for additional water supply. The additional storage capacity achieved by raising the dam would address future demands on water supply and also increase flood damage reduction functions. This is a notice of intent to prepare a joint environmental Impact Statement/Environmental Impact Report (EIS/EIR), and to consider all reasonable alternatives, evaluate potential impacts of the proposed action, and identify appropriate mitigation measures. The U.S. Army Corps of Engineers (Corps) is the lead agency for this project under the National Environmental Policy Act (NEPA), and the Mendocino County Inland Water and Power Commission (IWPC) is the lead agency and local sponsor under the California environmental quality Act (CEQA).

The U.S. Army Corps of Engineers (Corps), New Orleans District intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate potential impacts of the construction of a replacement lock in the Industrial Canal located in New Orleans, LA. The original EIS, Main Report and Final Environmental Impact Statement for the Mississippi RiverGulf Outlet, New Lock and Connecting Channels, Louisiana (Evaluation Report and EIS) issued in March 1998 focused on the potential impacts of construction of a new lock, including impacts to the local community and supporting infrastructure. After evaluating the March 1998 EIS, the Corps issued a Record of Decision (ROD) on December 18, 1998 selecting the location and construction method of the replacement lock and several additional project components to improve the surrounding project area. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgment was issued on October 3, 2006 as part of Case No. 2:03-cv-00370-EEF-KWR, United States District Court Eastern District of Louisiana. The Courts' decision enjoined the Corps from continuing with the project until additional compliance with the National Environmental Policy Act (NEPA) is completed. Accordingly, the Corps is preparing a SEIS.

The duties of the Task Force are to prepare and approve a plan for the use of the funds made available under Title VII to promote conservation practices in the Missouri River watershed, control and remove the sediment from the Missouri River, protect recreation on the Missouri River from sedimentation, and protect Indian and non-Indian historical and cultural sites along the Missouri River from erosion.

The Placer Vineyards Specific Plan Property Group proposes to construct a mixed-use master planned community with residential, employment, commercial, open space, recreational and public/quasi- public land uses. The Plan provides for 14,132 homes in a variety of housing types, styles, and densities. At full Plan build-out, projected to occur over a 20- to 30-year time period, Placer Vineyards will have a population of approximately 33,000 people, 42 acres of employment centers, 140 acres of retail commercial centers and approximately 930 acres of new parks and open space. This project, as proposed, would result in impacts to approximately 102.7 acres of waters of the United States, including 8.5 acres of temporary impacts to water and wetlands.

The U.S. Army Corps of Engineers (USACE), Mississippi Valley Division, New Orleans District (CEMVN) is implementing Alternative Arrangements under the provisions of the Council on Environmental Quality Regulations for Implementing the National Environmental Policy Act (NEPA) (40 CFR 1506.11) in order to expeditiously complete environmental analysis of major portions of a new 100-year level of Hurricane and Storm Damage Reduction effort authorized and funded by the Administration and the Congress. The proposed actions are located primarily in southern Louisiana and relate to the Federal effort to rebuild the Hurricane and Storm Damage Reduction system following Hurricanes Katrina and Rita. The USACE consultation with the Council on Environmental Quality (CEQ), as required under 40 CFR 1506.11 and the USACE Environmental Quality Procedures for Implementing the NEPA (33 CFR 230), concluded on February 23, 2007 with the CEQ approving the Alternative Arrangements. The Alternative Arrangements request was also coordinated with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, Environmental Protection Agency, Advisory Council on Historic Preservation, Department of Homeland Security-Federal Emergency Management Agency, Louisiana Department of Wildlife and Fisheries, Louisiana Department of Natural Resources, Louisiana Department of Environmental Quality and the Louisiana State Historic Preservation Officer. During the consultation, the USACE and CEQ hosted four public meetings in New Orleans metropolitan area to assess the request and gather input on the proposed Alternative Arrangements. The input received during the course of the discussions and meetings provided strong support for Alternative Arrangements that allow for expedited decisions on actions to lower the risk of floods and that restore public confidence in the hurricane storm reduction system so that the physical and economic recovery of the area can proceed as citizens return and rebuild. It was also made clear that the Alternative Arrangements should provide the USACE a way to proceed that complements other ongoing and proposed hurricane protection and coastal restoration efforts. These Alternative Arrangements apply to certain proposed actions included in the 100-year Hurricane and Storm Damage Reduction measures authorized under Public Law 109-234, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (4th Supplemental). The Alternative Arrangements will allow decisions on smaller groups of proposed actions to move forward sooner than under the traditional NEPA process. An in-depth analysis and consideration of potential environmental impacts will be completed and negative environmental impacts will be addressed. Detailed information on the Alternative Arrangements can be downloaded from the USACE New Orleans District Web site at: https://www.mvn.usace.army.mil/ pd/EnvirProcessesNEPA/Index.htm.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality regulations (40 CFR Parts 1500-1508) and Public Law 102-484 Section 2834, as amended by Public Law 104-106 Section 2867, the Department of the Army hereby gives notice of intent to prepare an Environmental Impact Statement (EIS) for the subject Dredged Material Management Plan (DMMP). The Buffalo District of the U.S. Army Corps of Engineers (USACE) will be the lead agency in preparing the EIS. The EIS will consider Federal actions associated with the development of a DMMP for the Federal harbor at Lorain in Lorain County, OH. The DMMP is a study conducted to develop a long-term (20- year) strategy for providing viable dredged material placement alternatives that would meet the needs of maintaining the Federal navigation channels at Lorain Harbor. The overall goal of the DMMP is to develop an economical and environmentally sustainable plan for maintaining channels necessary for commercial navigation at Lorain Harbor. The plan considers a range of management strategies including reduced dredging and the use of dredged material as a beneficial resource.

The Corps of Engineers (Corps) is preparing a Draft Environmental Impact Statement (DEIS) to address operational changes at Center Hill Dam that could affect pool elevations. Center Hill Dam impounds Center Hill Lake in central Tennessee. The DEIS is necessary to provide National Environmental Policy Act (NEPA) compliance to address changes that could include, but are not limited to water quality, aquatic, riparian, and terrestrial habitat, recreation, water supply, flood storage, economics, hydropower production, and safety as a result of operating Center Hill Lake below normal pool elevations for extended periods of time. Several engineering studies have identified a heightened level of risk at Center Hill Dam due to increasing seepage problems under and around the dam. Since March 2005, the Corps has attempted to keep fall, winter and early spring lake levels from extreme rises due to high inflow. Seepage problems are made worse during continual high lake levels. As a result, the Corps plans to maintain lower lake levels, but still within the operations curve, to reduce pressure on the dam foundation, abutments, and rim walls until a permanent remedy is in place. A major grouting project to address the dam seepage is scheduled for the fall of 2007, followed by installation of a cutoff wall through the earthen portions of the dam and adjoining rim walls. Although not anticipated, the Corps may have to lower the lake pool significantly below the operating pool should seepage conditions worsen, or new information determine this action is necessary to reduce risk. This notice serves to initiate the NEPA process. The Corps plans to prepare and circulate a DEIS which serves to cover possible impacts due to extreme changes in lake levels that could occur during the repair of the dam's foundation and abutments.

The U.S. Army Corps of Engineers (COE), 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 Harbor Act, from Figure ``8'' Beach Homeowners Association to develop a management plan for Rich Inlet that would mitigate chronic erosion on the northern portion of Figure Eight Island so as to preserve the integrity of its infrastructure, provide protection to existing development, and ensure the continued use of the oceanfront beach along the northernmost three miles of its oceanfront shoreline. Figure Eight Island is an unincorporated privately developed island located on the southeast coast of North Carolina, approximately eight miles north of Wilmington. The island is bordered to the south by Mason Inlet and Wrightsville Beach; and to the north by Rich Inlet and Lea-Hutaff Island, an undeveloped, privately-owned island. The inlet management plan would involve the repositioning and realignment of the main ebb channel of Rich Inlet to a location closer to the north end of Figure Eight Island. The intended alignment is to be essentially perpendicular to the oceanfront shorelines of the adjacent islands. The new channel position would be periodically maintained with maintenance episodes dictated by natural shifts in the channel position that produce unfavorable shoreline responses on the north end of Figure Eight Island. While the main focus of the project is to relocate the main ebb bar channel, consideration will also be given to possible alterations in Nixon Channel and Green Channel to determine if such modification would enhance the stability of the new channel. Nixon Channel meanders along a southwesterly path on the landward side of the north end of Figure Eight Island; connecting to the Atlantic Intracoastal Waterway (AIWW) at a point approximately two miles west of the Rich Inlet throat. Green Channel meanders to the northeast on the landward side of Lea-Hutaff Island and intersects with the AIWW approximately 1.75 miles north of the Rich Inlet throat. Material dredged from the inlet and channels will be placed along the central and northern portions of Figure Eight Island and, if needed, along portions of Lea-Hutaff Island. The objective of the placement of beach fill along the Figure Eight Island's shoreline is to keep the design fill density less than 50 cubic yards/foot, to avoid the placement of a permanent static vegetation line. This beach fill would be maintained through a program of periodic beach nourishment events with the material extracted from the dredging of Rich Inlet to maintain the inlet in an optimum location.

Section 116 of Pub. L. 108-447, dated December 8, 2004, authorized the U.S. Army Corps of Engineers' (Corps) participation in construction of the Central City project. A Final Environmental Impact Statement (FEIS) was completed for the Central City Project in Janauary 2006. A Record of Decision (ROD) recommending the Community-Based Alternative and determining it was technically sound and environmentally acceptable was signed by the Assistant Secretary of the Army for Civil Works (ASA (CW)) on April 7, 2006. An Interim Feasibility Report with Integrated Environmental Assessment (with signed Finding of No Significant Impact) for the Riverside Oxbow Project was approved by the Chief of Engineers on May 29, 2003. An addendum, dated April 2005, was prepared to address comments from the ASA (CW); however, neither construction funding nor authority for implementation of this project has been provided by Congress to date. By letter dated June 22, 2006, the City of Fort Worth requested the Corps to evaluate the potential benefits of merging the Central City Project with the Riverside Oxbow project. They identified potential benefits including greater opportunity for valley storage requirements, increased restoration opportunities, and cost savings. After an initial evaluation, the Corps determined that alternative areas along the West Fork of the Trinity River including areas within the Riverside Oxbow project had the potential to provide the required hydraulic mitigation, provide comparable ecosystem restoration outputs, reduce habitat mitigation requirements, and lower overall project costs. These potential modifications to the projects may be substantial and a supplement to the Central City environmental impact statement should be prepared concurrently with a more detailed analysis. Therefore, this Notice of Intent to prepare Supplement No. 1 to the FEIS for the Central City project is being issued in accordance with the Council on Environmental Quality's NEPA implementing regulations at 40 CFR Parts 1500-1508.

This notice of availability announces the public release of the Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate construction of authorized improvements to the Federal Gulfport Harbor 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 DSEIS to address the potential impacts associated with construction of authorized improvements to the Federal Gulfport Harbor Navigation Project in Harrison County, MS. The DSEIS was used as a basis to ensure compliance with the National Environmental Policy Act (NEPA) and for evaluating the following two alternative plans: ``No Action'' and widening to the authorized project dimensions. Gulfport Harbor is authorized to (a) a channel 38 feet deep by 400 feet wide and about 8 miles long across Ship Island Bar; (b) a channel 36 feet deep by 300 feet wide and about 12 miles long through Mississippi Sound; and (c) a stepped anchorage basin at Gulfport Harbor 32 to 36 feet deep by 1,120 feet wide and 2,640 feet long. The tentatively recommended alternative includes construction of the authorized project dimensions.