Engineers Corps May 2006 – Federal Register Recent Federal Regulation Documents

a. Pursuant to the National Environmental Policy Act (NEPA), the Great Lakes and Ohio River Division of the U.S. Army Corps of Engineers (Corps) is seeking comments on a draft System Investment Plan and Programmatic Environmental Impact Statement (SIP/PEIS) that evaluates alternative investment strategies for the maintenance of commercial navigation infrastructure along with the ecosystem sustainability needs on the Ohio River System for the next 60 years. b. The primary purpose of the Ohio River Mainstem Systems Study (ORMSS) is to develop the best SIP for maintaining safe, environmentally sustainable, and reliable navigation on the Ohio River over a 60-year period from 2010 to 2070. The study evaluated the operation and maintenance, rehabilitation, and construction reinvestment needs at the 19 navigation lock and dam sites on the Ohio River Mainstem. The study reports on five plans for meeting these needs based on five different traffic forecast scenarios. The future reliable operation of these structures is critical to the continued growth in commercial navigation throughout the Ohio River basin. In response to stakeholder input, the study purpose was modified to include the identification of measures to improve ecological sustainability to provide a balance between economic and environmental improvements. c. In order to facilitate review, the Corps will be conducting six public meetings along the Ohio River to solicit comments on its proposed plan. (See SUPPLEMENTARY INFORMATION for dates, times and locations). d. The Corps will be providing copies of the SIP/PEIS at numerous locations for review by the public. (See SUPPLEMENTARY INFORMATION for locations). e. The review and comment period for this draft document will be 60 days.

The Mobile District, U.S. Army Corps of Engineers (Corps), intends to prepare a Draft Environmental Impact Statement (DEIS) to address the potential impacts associated with mixed-use waterfront development along the Gulf Intracoastal Waterway (GIWW) in Baldwin County, AL, specifically the stretch known as the ``Foley Land Cut''. The Corps will be evaluating 14 separate permit applications for the proposed work under the authority of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The EIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).

In accordance with 10 United States Code 2869, the Department of the Army intends to enter into an Exchange Agreement with MassDevelopment for the exchange of 13.57+/- acres of Government owned land at Devens Reserve Forces Training Area, Devens, Massachusetts, in exchange for renovations to several buildings at Devens Reserve Forces Training Area. The purpose of this notice is to effect the exchange pursuant to provisions of 10 U.S.C. 2869. This is a partial transfer of the entire acreage located at the facility. Additional information is on file with the U.S. Army Engineer District, Corps of Engineers, Louisville, Kentucky.

In accordance with requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District, has prepared a Draft Environmental Impact Statement (DEIS) for the proposed construction of a dredged material containment facility (DMCF) by the Maryland Port Administration (MPA). This DEIS 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 or 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 1.7 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. Hydraulic dredging of approximately 1.5 million cubic yards of sand would be performed, and the sand used to construct the outer portion of the containment structure. Approximately 0.5 million cubic yards of clay is to be mechanically/hydraulically dredged and placed on the inside of this structure. Two new spillway structures and discharge outfalls are to be included in the construction of the DMCF. Other work associated with the construction of the DMCF is the relocation of a city water main line and storm drain systems, and the relocation of a commercial mooring buoy. The total proposed footprint of the proposed project is 141 acres.

The Neuse River Basin is the third largest basin in North Carolina, encompassing a total area of about 6,235 square miles. The Neuse River originates in north central North Carolina and flows southeasterly until it reaches tidal waters of Pamlico Sound. Water quality in the Neuse River Basin has become degraded from multiple causes, including: Rapidly expanding urban growth with increasingly rapid runoff from storm events; deforestation; expanding high-density livestock operations; and aging wastewater infrastructure. Fish and wildlife populations have suffered declines in diversity and vigor; and waterborne fish diseases have now become apparent, especially Pfiesteria. The U.S. Army Corps of Engineers, Wilmington District, in cooperation with the State of North Carolina Division of Water Resources has initiated the Neuse River Basin Feasibility Study in North Carolina. The purpose of the feasibility study is to develop and evaluate basin wide alternatives to improve water quality, restore anadromous fish passage, wetlands, stream, riparian buffer, and oyster habitat. We will also investigate flood damage reduction. The focus of this study is to identify resource problems, needs, and opportunities and develop solutions. The feasibility study is being carried out under the Corps of Engineers General Investigation Program and is being conducted in response to a congressional resolution adopted July 23, 1997.

In 1999, the U.S. Fish and Wildlife Service issued a Final Biological Opinion for the Modified Water Deliveries to Everglades National Park Project (MWD Project), the C-111 Project, and the Experimental Water Deliveries to Everglades National Park Project. FWS concluded that the operations, if continued, would likely jeopardize the continued existence of the endangered Cape Sable seaside sparrow and adversely modify its critical habitat. In response, the Corps implemented an Interim Structural and Operational Plan (ISOP) in March 2000, followed by the Interim Operating Plan (IOP) in July 2002. These operations were designed to protect the sparrow pending completion of construction of the MWD Project and the C-111 Project. Because of the urgency to implement IOP in time for the next sparrow breeding season, the IOP Final Environmental Impact Statement (FEIS) was completed prior to conclusion of modeling that supported the selected plan. Pursuant to a March 2006 order by the United States District Court for the Southern District of Florida, the Corps will be preparing a supplement to the IOP FEIS. The Supplemental Environmental Impact Statement (SEIS) will update the FEIS with the modeling for the selected alternative, which was completed in November 2002, as well as actual data collected since the May 2002 FEIS. In addition the SEIS will update its analysis of the default condition for the reservoirs.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District will prepare an Environmental Impact Statement (EIS) to disclose potential impacts to the natural, physical, and human environment resulting from modifications to Dover Dam. This high hazard dam does not conform to current design standards related to stability and sliding during a probable maximum flood. Modifications will be performed so the Dam will meet these standards.

The U.S. Army Corps of Engineers (Corps), Seattle District, announces the availability of the Final Environmental Impact Statement (FEIS) for Upper Columbia Alternative Flood Control and Fish Operations. The U.S. Bureau of Reclamation (Reclamation) is a cooperating agency for this FEIS. The document describes and analyzes the environmental impacts of alternative flood control operations at Libby Dam on the Kootenai River and at Hungry Horse Dam on the South Fork Flathead River. Both dams are located in northwestern Montana. The overall goal of the FEIS is to evaluate effects of alternative dam operations to provide better reservoir and flow conditions at and below Libby and Hungry Horse Dams for anadromous and resident fish listed as threatened or endangered under the Endangered Species Act (ESA), consistent with authorized project purposes, including maintaining the current level of flood control benefits. Two new alternatives for Libby Dam were added in the FEIS and the Corps is particularly interested in any comments on those alternatives which are described in Section 2.2 and evaluated in Section 3.3 of the FEIS.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Little Rock District will prepare an Environmental Impact Statement (EIS) for the proposed Pine Mountain Dam and Lake Project, AR. The purpose of the EIS will be to present alternatives and assess the impacts to the human environment associated with providing flood control, recreation and water supply for the surrounding areas in Arkansas and Oklahoma from the proposed project. The study area includes the entire Lee Creek watershed together with the lower Lee Creek reservoir near Van Buren, AR. The proposed project could affect agriculture, recreation, flood control, water supply and natural resources within the study area. The EIS will evaluate potential impacts (positive and negative) to the natural, physical, and human environment as a result of implementing any of the proposed project alternatives that may be developed during the EIS process.