Army Department December 2007 – Federal Register Recent Federal Regulation Documents

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 Harbors Act, from the Town of North Topsail Beach to nourish approximately 11.1 miles of beachfront to protect residential homes and town infrastructures, to reposition the New River Inlet channel, and to implement an inlet management plan to control the positioning of the new inlet channel, and to conduct periodic renourishment events. The new channel will be centrally located and the proposal will be to maintain that position, which essentially will be located perpendicular to the adjacent shorelines of North Topsail Beach and Onslow Beach. The proposed source of the material for the nourishment will be dredged from an offshore borrow area and from the repositioning of the inlet. The projected amount of material needed to nourish the oceanfront shoreline is approximately 3.21 million cubic yards. The placement of beach fill along the Town's shoreline would result in the initial widening of the beach by 50 to 100 feet. The widened beach would be maintained through a program of periodic beach nourishment events with the material extracted from the New River Inlet; and if necessary, supplemental materials from the offshore borrow area. All work will be accomplished using a hydraulic dredge. The proposed project construction will be conducted in a five phase approach to correspond with the Town's anticipated annual generation of funds. The ocean shoreline of the Town of North Topsail Beach encompasses approximately 11.1 miles along the northern end of Topsail Island. Of the 11.1 miles, approximately 7.25-miles of the shoreline in the project area, with the exception of two small areas, is located within the Coastal Barrier Resource System (CBRS), which prohibits the expenditure of Federal funds that would encourage development. The channel through New River Inlet has been maintained by the COE for commercial and recreational boating interest for over 55 years. The COE is authorized to maintain the channel in the inlet to a depth of 6 feet mean low water (mlw) over a width of 90 feet.

The Corps issued RGL 07-02 to further explain the regulatory exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches consistent with Section 404(f) of the CWA (33 U.S.C. 1251 et seq.) and implementing regulations. Specifically, the RGL clarifies when Section 404(f) exempts from permitting requirements discharges of dredged or fill material into waters of the United States associated with the construction and maintenance of irrigation ditches and maintenance of drainage ditches. The RGL also clarifies how certain terms in the regulations at 33 CFR 323.4 are applied in the context of the Sections 404(f) exemptions, including irrigation ditch, drainage ditch, construction, and maintenance. In addition, the guidance provides a framework for determining the applicability of the exemptions and the recapture provision, consistent with the CWA and implementing regulations. This RGL was effective July 4, 2007.

The Jacksonville District, U.S. Army Corps (Corps) of Engineers intends to prepare a Draft Environmental Impact Statement (EIS) for expansion, including widening and deepening of existing channels and turning basins in Lake Worth Inlet (Palm Beach Harbor). The project is a cooperative effort between the U.S. Army Corps of Engineers (lead Federal agency) and Port of Palm Beach District (non- Federal sponsor and cooperating agency).

This cancels the notice previously published in the Federal Register on December 15, 2006 (71 FR 75509). Pursuant to Chapter 157, Sec. 2636a of Title 10 United States Code enacted by Congress on November 26, 2003, as amended by the Department of Defense Authorizations Act for FY 2007, the Military Surface Deployment and Distribution Command (SDDC), as the Traffic Manager for Department of Defense (DOD) Personal Property Program, is informing the Transportation Service Provider (TSP)/ contractor community of the mandatory requirement to provide Full Replacement Value (FRV) coverage to all customers of the DOD Personal Property Program. The cost of FRV shall be included in contracts with movers and FRV shall be made available to Service members and civilian employees. All shipments that have been picked up or are already in storage prior to the effective dates noted below will not be required to be covered by FRV. This notice updates the implementation timeline for providing FRV for loss/ damage protection. Current Program Implementation: The cost for FRV coverage shall be included in all rates for the International Household Goods (iHHG) program, the Unaccompanied Baggage (UB) program, the Domestic Household Goods (dHHG) program, Intra-Theater Tender (ITT) program, Non-Temporary Storage (NTS) program, and the Direct Procurement Method (DPM) program according to the following schedule: The international household goods (iHHG) program and unaccompanied baggage (UB), shall have FRV coverage for all shipments picked up on or after October 1, 2007. For the domestic household goods (dHHG) program, all shipments picked up on or after November 1, 2007, shall have FRV coverage. For the Intra-Theater Tender (ITT) program all rates effective on or after March 1, 2008 shall include FRV coverage. The current rate cycle will expire February 29, 2008, with the next rate cycle beginning on March 1, 2008 and shall be inclusive of FRV coverage. For the Non-Temporary Storage (NTS) program, shipments ordered with a date on or after March 1, 2008 shall include FRV coverage. New rates that include the cost of providing FRV must be postmarked between December 16, 2007 and January 15, 2008. All DPM contracts will be modified to require the provision of FRV by March 1, 2008. (See Traffic Management Advisory released by USTRANSCOM, September 13, 2007).