Engineers Corps March 2005 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers, Kansas City District, intends to prepare a Draft Environmental Impact Statement (DEIS) and Dam Safety Assurance Program (DSAP) Evaluation Report for Harlan County Lake. Harlan County Lake is located near the cities of Alma and Republican City, Nebraska, immediately north of the Nebraska-Kansas border. The dam provides irrigation water supply to areas on both sides of the state line and flood control for the Republican River Basin between Harlan County, Nebraska and Milford Lake located in east central Kansas near Junction City, in Clay and Geary counties. The DEIS study will analyze the economic, environmental, and social impacts that may occur as a result of the various alternatives solutions being considered in the DSAP Report for Harlan County Lake, The DSAP Report will analyze both structural and non-structural solutions for Harlan County Dam's current tainter gate operational issues, the dam's overall hydrologic adequacy, spillway stability and the interdependence of all these factors on the performance of the dam.

The Corps of Engineers is amending its regulations to establish a danger zone on navigable portions of the Salt River and the Rolling Fork River and the non-navigable portions of Otter Creek, within the installation boundaries of the Fort Knox Military Reservation. These regulations will enable the Army to prohibit public access to the area and enhance safety and security within active military impact and training areas. The Salt River passes through an active military area. Unexploded ordnance (UXO) from military weapons firing is located within the areas along the river and a multi-purpose digital training range is under construction in this area. The Salt River is also used for river training activities. Training and military weapons firing activities occur approximately 320 days per year in this area. The Rolling Fork River passes through the center of the Yano Multi-purpose Training Range. Weapons firing from artillery, M1A2 Abrams Tanks, Bradley Fighting Vehicles, helicopters, and other weapons systems occur approximately 320 days of each year. Otter Creek runs through the installation. Otter Creek travels through Training Areas 8, 9, and 10. These areas are used to train soldiers for combat operation training on M1A2 Abrams Tanks and Bradley Fighting Vehicles. Artillery simulators and other explosive devices are used for these training activities, presenting a risk to civilians entering the area. These regulations are necessary to protect the public from potentially hazardous conditions that may exist as a result of Army use and security of the area. The regulations will also safeguard government personnel and property from sabotage and other subversive acts, accidents, or incidents of similar nature.

The U.S. Army Corps of Engineers, New Orleans District, is initiating the preparation of an Environmental Impact Statement under the National Environmental Policy Act in compliance with a judicial order. The Environmental Impact Statement is for a Department of the Army permit issued under Section 404 of the Clean Water Act to install the infrastructure necessary to implement an approximately 82-acre residential development to provide single and multi-family residential lots in the vicinity of LA Hwy 1085 and Bricker Road, near Covington, Louisiana, some of the property containing regulated wetlands. The permit was subsequently enjoined by the United States District Court, Eastern District of Louisiana. Information obtained from preparation of this EIS will be utilized in the re-evaluation of the enjoined permit decision.

The Walla Walla District of the U.S. Army Corps of Engineers (Corps) is withdrawing its intent to prepare a Supplemental Environmental Impact Statement (SEIS) to the July 2002 Final Dredged Material Management Plan (DMMP) and Environmental Impact Statement (EIS): McNary Reservoir and Lower Snake River Reservoirs (DMMP/EIS). The Notice of Intent was for the SEIS published in the Federal Register on June 5, 2003 (68 FR 33684). The Corps is now re-evaluating channel maintenance needs and has determined that an SIES is not appropriate at this time.

The Jacksonville District, U.S. Army Corps of Engineers hereby cancels its Notice of Intent to prepare a Draft Environmental Impact Statement (DEIS) for the Acme Basin B Discharge Project, as published in Federal Register on Friday, May 24, 2002 (67 FR 36577). The notice is canceled because, during scoping for this project and development of alternatives, it appeared that each of the alternatives would affect the same 410 acres of agricultural lands, converting sugar cane into functional wetlands, resulting in discharge of cleaner water into Loxahatchee National Wildlife Refuge (WCA-1), increasing the spatial extent of Everglades wetlands and reducing freshwater flows into Lake Worth Lagoon. While all of these effects are environmentally beneficial, the relative magnitude of the impacts in the context of greater Everglades's restoration was determined not to be significant. There are not expected to be any adverse impacts on public health and safety; the affected area (Acme Basin B) is not environmentally unique; the significant WCA-1 wetlands will benefit by a relatively small increment, as will Lake Worth Lagoon. No public controversy related to the proposed alternatives developed during scoping for this project, nor are there high levels of uncertainty, unique or unknown risks associated with the study, nor have surveys revealed the presence of any significant wildlife, cultural resource elements or contaminants. An environmental Assessment will be prepared and coordinated for the proposed action. This document is expected to be available in August 2005.

The U.S. Army Corps of Engineers (Corps), Los Angeles District, Regulatory Branch is considering an application from the Eastern Municipal Water District (EMWD) for a Department of the Army permit under Section 404 of the Clean Water Act to construct a groundwater recharge and storage facility in and adjacent to the San Jacinto River. The proposed project would consist of up to fifteen recharge basins (six in proposed Phase 1 and nine in proposed Phase 2) on approximately 100- acres in the San Jacinto River Channel, upgrades to two existing pump stations, a new approximately 7.7-mile-long water supply pipeline, up to ten extraction wells located west of the San Jacinto River, and up to six monitoring wells located near the western edge of the proposed recharge basins. The Federal action involved in the project is the discharge of dredge and/or fill materials within waters of the United States. The Corps has determined that the potential impacts on the human environment from such activities may be adverse and significant. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps will prepare an Environmental Impact Statement (EIS) prior to rendering a final decision on EMWD's permit application. The Corps may ultimately make a determination to grant or deny the permit or conditionally grant the permit. The Draft EIS is intended to be sufficient in scope to address the Federal and environmental issues concerning the proposed Federal permit action.