Corps of Engineers, Department of the Army – Federal Register Recent Federal Regulation Documents

The Corps is proposing to revise its natural disaster procedures under this part of the Code of Federal Regulations (CFR), which implements a section of the Flood Control Act of 1941, as amended. Revisions will incorporate advances in risk-informed decision- making approaches and disaster response lessons learned, as well as recent amendments to this section of the Flood Control Act of 1941.

In accordance with the National Environmental Policy Act (NEPA), on January 4, 2011, the Alaska District, U.S. Army Corps of Engineers (Corps) initiated the Supplemental Environmental Impact Statement (EIS) process to identify and analyze potential impacts associated with the proposed Chuitna Coal Mine Project to assist in evaluating a Department of the Army permit application pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. On March 30, 2017, the applicant announced its decision to suspend pursuit of permitting efforts on the project. Therefore, the Corps is terminating the EIS process, and is withdrawing the Notice of Intent published in the Tuesday, January 4, 2011, issue of the Federal Register.

Pursuant to Section 211 of the Water Resources Development Act of 1996, the Rankin-Hinds Pearl River Flood and Drainage Control District, in partnership with the U.S. Army Corps of Engineers (USACE), is conducting a re-analysis of all engineering, economic, and environmental factors relative to prospective flood alleviation measures in the Pearl River Watershed study area (the metropolitan Jackson area). The re-analysis will employ Department of the Army criteria and guidelines as well as local engineering and analytical criteria. This Draft Environmental Impact Statement (DEIS) will examine the reasonably foreseeable environmental impacts of all alternative courses of action that may be proposed.

The U.S. Army Corps of Engineers is amending its regulations to establish a new danger zone. 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 amendment is necessary to protect the public from potentially hazardous conditions which may exist as a result of use of the area by the United States Marine Corps.

The U.S. Army Corps of Engineers (Corps of Engineers) is announcing its intent to prepare a Draft Environmental Impact Statement (DEIS) for a Special Area Management Plan (SAMP). The SAMP is being developed to address potential effects of anticipated development, infrastructure, and maintenance projects on aquatic resources in the Otay River Watershed (SAMP study area). The DEIS will assess the impacts of various land development and aquatic resource protection alternatives as set forth below and further identified during the preparation of the SAMP. It is anticipated that the DEIS will be utilized by the local agencies in lieu of an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA). The SAMP will provide a comprehensive plan for protecting and enhancing aquatic resources while providing for the permitting of reasonable economic development and public infrastructure, consistent with the goals and objectives of local land use plans and with the regional Multiple Species Conservation Plan (MSCP) for southwestern San Diego County developed by local governments in collaboration with the U.S. Fish and Wildlife Service and California Department of Fish and Game. The SAMP will provide a framework for a long-term program-level permitting process for projects in the watershed subject to the Corps of Engineers' permit authority under Section 404 of the Clean Water Act (CWA). Section 404 of the CWA regulates the discharge of dredged or fill material into waters of the United States, including wetlands. The SAMP may also be utilized by other agencies in the administration of their regulatory programs, including the California Department of Fish and Game (i.e., Section 1600 et seq. of the Fish and Game Code) and the Regional Water Quality Control Board (i.e., Section 401 of the CWA). In addition, the SAMP will include a comprehensive program involving conservation, restoration, and management of aquatic resources within the study area.

The U.S. Army Corps of Engineers (Corps) is initiating the preparation of an Environmental Impact Statement under the National Environmental Policy Act (NEPA). The EIS is for a Department of the Army permit issued under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act to install the infrastructure necessary to support an approximately 500-acre development of water dependent and industrial facilities at the Port of Vancouver.

The U.S. Army Corps of Engineers (Corps) Los Angeles District in conjunction with the Los Angeles Harbor Department (Port) is examining the feasibility of waterside, terminal and transportation improvements at Berths 136-147 in the Port of Los Angeles. The Corps is considering the Port's application for a Department of the Army permit under Clean Water Act section 404 and River and Harbor Act section 10 to conduct dredge and fill activities and construct one new wharf approximately 705 feet and seismically upgrade two wharves approximately 3,022 feet in length associated with the proposed project. Major project elements to be covered in the Draft EIS/EIR include: wharf construction and landside improvements. The landside developments will include expansion, redevelopment and construction of marine terminal facilities, and transportation infrastructure improvements including construction of grade separations, and potential realignment of road and railways. The primary Federal involvement is the discharge of dredge and/or fill materials within waters of the United States, work (e.g. dredging) and structures in or affecting navigable waters of the United States, and potential impacts on the human environment from such activities. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring the preparation of an Environmental Impact Statement (EIS) prior to rendering a final decision on the Port's permit application. The Corps may ultimately make a determination to permit or deny the above project or permit or deny modified versions of the above project. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as Lead Agency for the Preparation of an Environmental Impact Report (EIR). The Corps and the Port have agreed to jointly prepare a Draft EIS/EIR for the improvements at Berth 136-147 in order to optimize efficiency and avoid duplication. The Draft EIS/EIR is intended to be sufficient in scope to address both the Federal and the state and local requirements and environmental issues concerning the proposed activities and permit approvals.

The Corps is proposing to amend the regulations for lockage operations at Bonneville Lock and Dam and amend the regulations which establish the restricted areas at Little Goose Lock and Dam. The Corps is making corrections and adjustments to the lockage control, signals, and permissible dimensions of vessels for Bonneville Lock and Dam. These changes correct language for the new replacement lock. For the Little Goose Lock and Dam the Corps is making adjustments in the upstream channel restricted area boundary to provide a recreational craft corridor along the north shoreline. This will provide better boat ramp access in support of the small craft portage route and reduce interference between fisherman and the boat ramp.

The DRSEIS II will supplement the final Revised Supplemental Environmental Impact Statement (RSEIS) ``Flood Control, Mississippi River & Tributaries, St. Johns Bayou and New Madrid Floodway, MO, First Phase,'' prepared by the U.S. Army Corps of Engineers, Memphis District, filed with the Environmental Protection Agency (EPA) on 19 July 2002. The DRSEIS is being prepared to clarify the record and address concerns that have developed since the signing of the Record of Decision (ROD) on 23 August 2003. These clarifications relate primarily to the calculation of compensatory mitigation requirements for mid- season fish rearing habitat, but may include any other relevant subjects or information such as hypoxia, cost-benefit analysis, Swampbuster provisions, the applicable discount rate, cost-share issues for levee closure, and potentially other issues. This Notice of Intent also serves as a National Environmental Policy Act Scoping Document.

The Corps of Engineers (Corps) published a Notice of Intent to prepare a Draft Environmental Impact Statement (DEIS) in the Federal Register (Vol. 66, No. 76, pages 20135-20136) on April 19, 2001, for a Special Area Management Plan (SAMP) within the San Juan Creek and western San Mateo Creek Watersheds. The Notice of Intent stated that the eventual document would be a joint state and federal document in coordination with the California Department of Fish and Game (Department). The Department intended to prepare an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act for the Department's proposed Master Streambed Alteration Agreement (MSAA), a proposed state program analogous to the SAMP. It is now necessary to revise the Notice of Intent to reflect that the doucment will now be a federal document and not a joint federal and state document. Scoping commenced on April 19, 2001 with the publication of the original Notice of Intent in the Federal Register. In addition, the Corps issued a special public notice on the SAMP dated April 18, 2001, to the general public. A public scoping meeting was held on May 8, 2001, in San Juan Capistrano, California. All comments received during the special public notice comment period between April 19, 2001, and May 18, 2001, and during the public meetings are being considered in this process. A new scoping period is not being started with the revised NOI.