Engineers Corps 2007 – Federal Register Recent Federal Regulation Documents

In accordance with requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District, has prepared a Final Environmental Impact Statement (FEIS) for the proposed construction of a dredged material containment facility (DMCF) by the Maryland Port Administration (MPA). This FEIS 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 of 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 1.5 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. On-site (Masonville borrow) and offsite borrow material (Seagirt borrow material and upland borrow) would be used for the construction of the containment facility. The Seagirt borrow material would come from the Seagirt Marine Terminal Access Channel deepening and widening project. The Draft EIS was advertised in the Federal Register on May 19, 2006 (71 FR 29128). A supplement to the Draft EIS was advertised in the Federal Register on June 30, 2006 (71 FR 37545). The need to prepare a Supplement was due to the applicant's proposal to change the source of borrow material for the proposed construction of the preferred alternative to include the use of suitable material dredged from the Seagirt Marine Terminal Access Channels. The FEIS evaluates the construction of a DMCF with a footprint of 141 acres, which includes 131 acres of tidal open water and wetlands. The DMCF would be constructed to an initial height of 10 feet above MLLW and then raised to a height of 42 feet above MLLW before being graded to a final height of 36 feet MLLW, which would be the same height as the adjacent land. A detailed description of the proposed project and effects to the human environment are discussed in the FEIS for the Masonville DMCF. The FEIS outlines measures the applicant may implement to address impacts to air quality resulting from activities described in the permit application.

In accordance with the National Environmental Policy Act (NEPA), the Baltimore District, U.S. Army Corps of Engineers (USACE), will conduct a review of the 1990 Chesapeake Bay Shoreline Erosion Study to investigate shoreline erosion and related sediment management measures which could be undertaken to protect the water and land resources of the Chesapeake Bay watershed and achieve the water quality conditions necessary to protect the Bay's living resources. USACE will prepare a Draft Environmental Impact Statement (EIS) and integrated feasibility report documenting study findings and plan formulation.

This notice of intent (NOI) is for the Mississippi RiverGulf Outlet (MRGO) 3-D Project. This notice of intent addresses the Federally authorized navigation channel located in southeastern Louisiana.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Eastern Municipal Water District (EMWD), has completed a Final Environmental Impact Statement (EIS) for the Hemet/San Jacinto Integrated Recharge and Recovery Project. EMWD requires authorization pursuant to Section 404 of the Clean Water Act for 15.9 acres of fill into waters of the U.S.

In accordance with Section 204 of the 1950 Flood Control Act (Pub. L. 516, 81st Congress, 2nd Session), as recommended by the Chief of Engineers in House Document Number 585, 81st Congress, 2nd Session, the Coyote Dam (also known as the ``Lake Mendocino Project''), Ukiah, CA, is authorized to be raised 36 feet to a total storage capacity of 199,000 acre-feet (ac-ft) when the need for additional water supply arises. Since construction of Coyote Dam, increased development of Mendocino County and the accelerated rate of sedimentation in Lake Mendocino have resulted in the need for additional water supply. The additional storage capacity achieved by raising the dam would address future demands on water supply and also increase flood damage reduction functions. This is a notice of intent to prepare a joint environmental Impact Statement/Environmental Impact Report (EIS/EIR), and to consider all reasonable alternatives, evaluate potential impacts of the proposed action, and identify appropriate mitigation measures. The U.S. Army Corps of Engineers (Corps) is the lead agency for this project under the National Environmental Policy Act (NEPA), and the Mendocino County Inland Water and Power Commission (IWPC) is the lead agency and local sponsor under the California environmental quality Act (CEQA).

The U.S. Army Corps of Engineers (Corps), New Orleans District intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate potential impacts of the construction of a replacement lock in the Industrial Canal located in New Orleans, LA. The original EIS, Main Report and Final Environmental Impact Statement for the Mississippi RiverGulf Outlet, New Lock and Connecting Channels, Louisiana (Evaluation Report and EIS) issued in March 1998 focused on the potential impacts of construction of a new lock, including impacts to the local community and supporting infrastructure. After evaluating the March 1998 EIS, the Corps issued a Record of Decision (ROD) on December 18, 1998 selecting the location and construction method of the replacement lock and several additional project components to improve the surrounding project area. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgment was issued on October 3, 2006 as part of Case No. 2:03-cv-00370-EEF-KWR, United States District Court Eastern District of Louisiana. The Courts' decision enjoined the Corps from continuing with the project until additional compliance with the National Environmental Policy Act (NEPA) is completed. Accordingly, the Corps is preparing a SEIS.

The duties of the Task Force are to prepare and approve a plan for the use of the funds made available under Title VII to promote conservation practices in the Missouri River watershed, control and remove the sediment from the Missouri River, protect recreation on the Missouri River from sedimentation, and protect Indian and non-Indian historical and cultural sites along the Missouri River from erosion.

The Placer Vineyards Specific Plan Property Group proposes to construct a mixed-use master planned community with residential, employment, commercial, open space, recreational and public/quasi- public land uses. The Plan provides for 14,132 homes in a variety of housing types, styles, and densities. At full Plan build-out, projected to occur over a 20- to 30-year time period, Placer Vineyards will have a population of approximately 33,000 people, 42 acres of employment centers, 140 acres of retail commercial centers and approximately 930 acres of new parks and open space. This project, as proposed, would result in impacts to approximately 102.7 acres of waters of the United States, including 8.5 acres of temporary impacts to water and wetlands.

The U.S. Army Corps of Engineers (USACE), Mississippi Valley Division, New Orleans District (CEMVN) is implementing Alternative Arrangements under the provisions of the Council on Environmental Quality Regulations for Implementing the National Environmental Policy Act (NEPA) (40 CFR 1506.11) in order to expeditiously complete environmental analysis of major portions of a new 100-year level of Hurricane and Storm Damage Reduction effort authorized and funded by the Administration and the Congress. The proposed actions are located primarily in southern Louisiana and relate to the Federal effort to rebuild the Hurricane and Storm Damage Reduction system following Hurricanes Katrina and Rita. The USACE consultation with the Council on Environmental Quality (CEQ), as required under 40 CFR 1506.11 and the USACE Environmental Quality Procedures for Implementing the NEPA (33 CFR 230), concluded on February 23, 2007 with the CEQ approving the Alternative Arrangements. The Alternative Arrangements request was also coordinated with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, Environmental Protection Agency, Advisory Council on Historic Preservation, Department of Homeland Security-Federal Emergency Management Agency, Louisiana Department of Wildlife and Fisheries, Louisiana Department of Natural Resources, Louisiana Department of Environmental Quality and the Louisiana State Historic Preservation Officer. During the consultation, the USACE and CEQ hosted four public meetings in New Orleans metropolitan area to assess the request and gather input on the proposed Alternative Arrangements. The input received during the course of the discussions and meetings provided strong support for Alternative Arrangements that allow for expedited decisions on actions to lower the risk of floods and that restore public confidence in the hurricane storm reduction system so that the physical and economic recovery of the area can proceed as citizens return and rebuild. It was also made clear that the Alternative Arrangements should provide the USACE a way to proceed that complements other ongoing and proposed hurricane protection and coastal restoration efforts. These Alternative Arrangements apply to certain proposed actions included in the 100-year Hurricane and Storm Damage Reduction measures authorized under Public Law 109-234, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (4th Supplemental). The Alternative Arrangements will allow decisions on smaller groups of proposed actions to move forward sooner than under the traditional NEPA process. An in-depth analysis and consideration of potential environmental impacts will be completed and negative environmental impacts will be addressed. Detailed information on the Alternative Arrangements can be downloaded from the USACE New Orleans District Web site at: https://www.mvn.usace.army.mil/ pd/EnvirProcessesNEPA/Index.htm.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality regulations (40 CFR Parts 1500-1508) and Public Law 102-484 Section 2834, as amended by Public Law 104-106 Section 2867, the Department of the Army hereby gives notice of intent to prepare an Environmental Impact Statement (EIS) for the subject Dredged Material Management Plan (DMMP). The Buffalo District of the U.S. Army Corps of Engineers (USACE) will be the lead agency in preparing the EIS. The EIS will consider Federal actions associated with the development of a DMMP for the Federal harbor at Lorain in Lorain County, OH. The DMMP is a study conducted to develop a long-term (20- year) strategy for providing viable dredged material placement alternatives that would meet the needs of maintaining the Federal navigation channels at Lorain Harbor. The overall goal of the DMMP is to develop an economical and environmentally sustainable plan for maintaining channels necessary for commercial navigation at Lorain Harbor. The plan considers a range of management strategies including reduced dredging and the use of dredged material as a beneficial resource.

The Corps of Engineers (Corps) is preparing a Draft Environmental Impact Statement (DEIS) to address operational changes at Center Hill Dam that could affect pool elevations. Center Hill Dam impounds Center Hill Lake in central Tennessee. The DEIS is necessary to provide National Environmental Policy Act (NEPA) compliance to address changes that could include, but are not limited to water quality, aquatic, riparian, and terrestrial habitat, recreation, water supply, flood storage, economics, hydropower production, and safety as a result of operating Center Hill Lake below normal pool elevations for extended periods of time. Several engineering studies have identified a heightened level of risk at Center Hill Dam due to increasing seepage problems under and around the dam. Since March 2005, the Corps has attempted to keep fall, winter and early spring lake levels from extreme rises due to high inflow. Seepage problems are made worse during continual high lake levels. As a result, the Corps plans to maintain lower lake levels, but still within the operations curve, to reduce pressure on the dam foundation, abutments, and rim walls until a permanent remedy is in place. A major grouting project to address the dam seepage is scheduled for the fall of 2007, followed by installation of a cutoff wall through the earthen portions of the dam and adjoining rim walls. Although not anticipated, the Corps may have to lower the lake pool significantly below the operating pool should seepage conditions worsen, or new information determine this action is necessary to reduce risk. This notice serves to initiate the NEPA process. The Corps plans to prepare and circulate a DEIS which serves to cover possible impacts due to extreme changes in lake levels that could occur during the repair of the dam's foundation and abutments.

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 Harbor Act, from Figure ``8'' Beach Homeowners Association to develop a management plan for Rich Inlet that would mitigate chronic erosion on the northern portion of Figure Eight Island so as to preserve the integrity of its infrastructure, provide protection to existing development, and ensure the continued use of the oceanfront beach along the northernmost three miles of its oceanfront shoreline. Figure Eight Island is an unincorporated privately developed island located on the southeast coast of North Carolina, approximately eight miles north of Wilmington. The island is bordered to the south by Mason Inlet and Wrightsville Beach; and to the north by Rich Inlet and Lea-Hutaff Island, an undeveloped, privately-owned island. The inlet management plan would involve the repositioning and realignment of the main ebb channel of Rich Inlet to a location closer to the north end of Figure Eight Island. The intended alignment is to be essentially perpendicular to the oceanfront shorelines of the adjacent islands. The new channel position would be periodically maintained with maintenance episodes dictated by natural shifts in the channel position that produce unfavorable shoreline responses on the north end of Figure Eight Island. While the main focus of the project is to relocate the main ebb bar channel, consideration will also be given to possible alterations in Nixon Channel and Green Channel to determine if such modification would enhance the stability of the new channel. Nixon Channel meanders along a southwesterly path on the landward side of the north end of Figure Eight Island; connecting to the Atlantic Intracoastal Waterway (AIWW) at a point approximately two miles west of the Rich Inlet throat. Green Channel meanders to the northeast on the landward side of Lea-Hutaff Island and intersects with the AIWW approximately 1.75 miles north of the Rich Inlet throat. Material dredged from the inlet and channels will be placed along the central and northern portions of Figure Eight Island and, if needed, along portions of Lea-Hutaff Island. The objective of the placement of beach fill along the Figure Eight Island's shoreline is to keep the design fill density less than 50 cubic yards/foot, to avoid the placement of a permanent static vegetation line. This beach fill would be maintained through a program of periodic beach nourishment events with the material extracted from the dredging of Rich Inlet to maintain the inlet in an optimum location.

Section 116 of Pub. L. 108-447, dated December 8, 2004, authorized the U.S. Army Corps of Engineers' (Corps) participation in construction of the Central City project. A Final Environmental Impact Statement (FEIS) was completed for the Central City Project in Janauary 2006. A Record of Decision (ROD) recommending the Community-Based Alternative and determining it was technically sound and environmentally acceptable was signed by the Assistant Secretary of the Army for Civil Works (ASA (CW)) on April 7, 2006. An Interim Feasibility Report with Integrated Environmental Assessment (with signed Finding of No Significant Impact) for the Riverside Oxbow Project was approved by the Chief of Engineers on May 29, 2003. An addendum, dated April 2005, was prepared to address comments from the ASA (CW); however, neither construction funding nor authority for implementation of this project has been provided by Congress to date. By letter dated June 22, 2006, the City of Fort Worth requested the Corps to evaluate the potential benefits of merging the Central City Project with the Riverside Oxbow project. They identified potential benefits including greater opportunity for valley storage requirements, increased restoration opportunities, and cost savings. After an initial evaluation, the Corps determined that alternative areas along the West Fork of the Trinity River including areas within the Riverside Oxbow project had the potential to provide the required hydraulic mitigation, provide comparable ecosystem restoration outputs, reduce habitat mitigation requirements, and lower overall project costs. These potential modifications to the projects may be substantial and a supplement to the Central City environmental impact statement should be prepared concurrently with a more detailed analysis. Therefore, this Notice of Intent to prepare Supplement No. 1 to the FEIS for the Central City project is being issued in accordance with the Council on Environmental Quality's NEPA implementing regulations at 40 CFR Parts 1500-1508.

This notice of availability announces the public release of the Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate construction of authorized improvements to the Federal Gulfport Harbor 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 DSEIS to address the potential impacts associated with construction of authorized improvements to the Federal Gulfport Harbor Navigation Project in Harrison County, MS. The DSEIS was used as a basis to ensure compliance with the National Environmental Policy Act (NEPA) and for evaluating the following two alternative plans: ``No Action'' and widening to the authorized project dimensions. Gulfport Harbor is authorized to (a) a channel 38 feet deep by 400 feet wide and about 8 miles long across Ship Island Bar; (b) a channel 36 feet deep by 300 feet wide and about 12 miles long through Mississippi Sound; and (c) a stepped anchorage basin at Gulfport Harbor 32 to 36 feet deep by 1,120 feet wide and 2,640 feet long. The tentatively recommended alternative includes construction of the authorized project dimensions.

Pursuant to 30 CFR 230.8, the U.S. Army Corps of Engineers (Corps) is issuing this Notice to document emergency actions and set forth the steps to be taken in the future to comply with the National Environmental Policy Act (NEPA). Wolf Creek Dam impounds Lake Cumberland in south central Kentucky. Several engineering studies have identified a high level of risk at Wolf Creek Dam. Accordingly, on January 19, 2007, the Corps made the decision to take emergency action and begin lowering the lake level to ease the stress on the dam's foundation until repairs can be effected. This action has been taken to reduce risk to the public's safety and welfare. The temporary target elevation will be 680 feet above mean sea level (msl) at Wolf Creek Dam. This elevation was selected because it provides the greatest reduction in stress to the dam without creating other public health and safety concerns. This operation will be in effect until repair of the dam or new information allows the pool elevation to be raised. This pool elevation may also drop if worsening conditions create the need for even further lowering of the pool. The Corps believes that the need for action regarding the Wolf Creek Dam is so urgent and compelling that there is no time to follow the usual NEPA procedures before the Corps makes decisions and begins to implement them. The Corps is, therefore, invoking its authority ``Emergency Actions'' under 33 CFR 230.8 and declaring an emergency, making decisions, and taking necessary actions accordingly. The Corps has consulted the President's Council on Environmental Quality (CEQ) regarding alternative arrangements under NEPA pursuant to 40 CFR 1506.11. This notice serves to initiate the NEPA process. The Corps plans to prepare and circulate an EIS which serves to cover any actions it deems necessary during the repair of the dam's foundation.

The Port of Long Beach (Port) is proposing to develop the Pier S Marine Terminal and Back Channel Navigational Safety Improvements Project (Proposed Action). The development of Pier S and Back Channel improvements would result in an approximately 160-acre marine container terminal, and would include the following elements: property acquisition; dredging, wharf construction, other waterside improvements, and container cranes; container yard and associated structures; terminal buildings and other structures; truck gates, associated structures, and roadwork; intermodal rail yard, structures, and dual rail lead; and utility and oil facility relocation. The primary Federal concern is the dredging and discharging of materials within waters of the U.S. and potential impacts on the human environment. Under Section 404 of the Clean Water Act, the Corps is authorized to approve discharges of dredged or fill material into waters of the U.S. Under Section 10 of the Rivers and Harbors Act, the Corps may authorize activities that could affect navigable waters. Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA) as implemented by the Council on Environmental Quality (CEQ), 40 CFR 1500-1508, the Corps is preparing an Environmental Impact Statement (EIS) to evaluate the potential effects of the Proposed Action on the environment. The Corps may ultimately make a determination to permit or deny the Proposed Action, or permit or deny alternatives to the Proposed Action. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as Lead Agency for the preparation of an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port have agreed to jointly prepare a DEIS/DEIR in order to optimize efficiency and avoid duplication. The DEIS/DEIR is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals.

This notice replaces the previously published Federal Register notice dated January 9, 2007 (72 FR 958). Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District has prepared 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 probably maximum flood. Modifications are proposed so the Dam will meet these standards.

The permit applicant, TransAlta Centralia Mining LLC (TCM) has greatly reduced the scope of its proposed coal mining project at Centralia, Washington. Therefore, the U.S. Army Corps of Engineers (Corps) is withdrawing its Notice of Intent to prepare an environmental impact statement (EIS).

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District has prepared 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 are proposed so the Dam will meet these standards.