Army Department – Federal Register Recent Federal Regulation Documents

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place:

The U. S. Army intends to prepare an Environmental Impact Statement (EIS) to analyze environmental and socioeconomic impacts connected with the proposed purchase and use of up to 100,000 additional acres of commercial and private lands for training adjacent to Fort Polk. This action will support the training requirements of the Joint Readiness Training Center (JRTC) and the training requirements of Fort Polk's current and future resident units. The EIS will analyze alternatives that are deemed feasible and meet the purpose and need for this Proposed Action.

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

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.

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;

The Executive Director of the Army's Installation Management Command has reviewed the Final Environmental Impact Statement (EElS) for Implementation of Fort Carson Grow the Army Stationing Decisions and has made the decision to proceed with all facets of the Proposed Action, with the exception that the Army has decided not to station a Combat Aviation Brigade (CAB) at Fort Carson at this time. Implementation of the Proposed Action involves the stationing of approximately 3,900 additional Soldiers at Fort Carson, the construction of new Infantry Brigade Combat Team (IBCT) facilities at the Operational Readiness Training Center site, demolition of old facilities and construction of new facilities in Fort Carson's cantonment area, and additional training at Fort Carson and the Pinon Canyon Maneuver Site (PCMS). This alternative is summarized in the Army's ROD and described fully in Chapter 2 of the FEIS.

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.

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 action being taken is preparation of an environmental impact statement/environmental impact report (EIS/EIR) for the Natomas Levee Improvement Program (NLIP) Phase 4a Landside Improvements Project (Phase 4a Project). The Corps is considering a request to issue both 408 permission to the Central Valley Flood Protection Board and 404 permit to Sacramento Area Flood Control Agency (SAFCA) for work on the NLIP. Under 33 U.S.C. 408, the Chief of Engineers may grant permission to alter an existing Federal project if it is not injurious to the public interest and does not impair the usefulness of the project. Under Section 404 of the Clean Water Act, the District Engineer permits the discharge of dredged or fill material into waters of the United States if the discharge meets the requirements of the Environmental Protection Agency's 404(b)(1) guidelines and is not contrary to the public interest. The NLIP is located in Sacramento and Sutter Counties, CA. The 408 permission is required for structural improvements to the Sacramento River east levee and the Natomas Cross Canal south levee. A 404 permit is needed for dredge and discharge of fill materials into waters of the United States resulting from levee improvements, relocation of the Riverside Canal, and development of associated habitat.

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).

In accordance with 37 CFR Part 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,479,329 entitled ``Polymerization of Aromatic Monomers Using Derivatives of Hematin'' issued January 20, 2009. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

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.

Section 302 of Public Law 99-662 established the Inland Waterways Users Board. The Board is an independent Federal advisory committee. The Secretary of the Army appoints its 11 members. This notice is to solicit nominations for five (5) appointments or reappointments to two-year terms that will begin after August 15, 2009.

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 Department of the Army is proposing to alter a system of records in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

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: March 4-5, 2009. Place: Duke of Gloucester Room, Maryland Inn, 16 Church Circle, Annapolis, MD 21401. Time: 8:30 a.m. to 4 p.m. (March 4, 2009). 8 a.m. to 12 p.m. (March 5, 2009).

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Patent No. 6,967,617 entitled ``Polarization Correlation Signal Processing for Ladars and Radars,'' issued on November 22, 2005. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

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).