Engineers Corps 2008 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) (together, the ``Agencies'') are promulgating a final rule to amend a Clean Water Act (CWA) section 404 regulation that defines the term ``discharge of dredged material.'' This action conforms the Corps' and EPA's regulations to a court order invalidating the January 17, 2001, amendments to the regulatory definition (referred to as the ``Tulloch II'' rule). This final rule responds to the court decision by deleting language from the regulation that was invalidated.

The U.S. Army Corps of Engineers (Corps) is issuing a final rule to enlarge an existing restricted area within Port Townsend Bay, Indian Island, Walan Point, Washington. The purpose of the restricted area is to ensure the security and safety of the public, and satisfy security, safety and operational requirements as they pertain to naval vessels. The restricted area will be marked on navigation charts to ensure security and safety for the public.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Topic: The EAB will discuss national considerations related to ecosystem restoration through integrated water resources management with emphasis on building collaborative partnerships, and the implementation of the Environmental Operating Principles. Date of Meeting: January 15, 2009. Place: Marines' Memorial Club and Hotel, 609 Sutter Street, San Francisco, CA Time: 9 a.m. to 12 p.m. Thirty minutes will be set side for public comment. Members of the public who wish to speak are asked to register prior to the start of the meeting. Registration will begin at 8:30. Statements are limited to 3 minutes.

The U.S. Army Corps of Engineers (COE) is preparing an Environmental Impact Statement (EIS) to analyze the direct, indirect, and cumulative effects of continued commercial dredging of sand and gravel from the Missouri River in Missouri and Kansas. The proposed dredging will occur in a navigable waterway and the portion of dredged material that is too coarse or too fine to be used will be discharged back into the river, thereby requiring Department of the Army (DA) authorization under Section 10 of the River and Harbors Act and Section 404 of the Clean Water Act. Commercial dredging in the Missouri River has been ongoing for more than 50 years but has increased from approximately 1.3 million tons per year in 1974 to approximately 8 million tons in 2006. The current DA permits for six Missouri River commercial dredging operations will expire December 31, 2009 and those six operations and four proposed operations have applied for new DA permits to dredge up to 12.435 million tons per year beginning in 2010.

In order to establish a stable, sandy beach seaward of the Sheraton Waikiki Hotel, its owners propose to construct three T-head groins extending seaward from the existing seawall which defines the hotel property boundary. They propose to pump sand from nearby marine deposits and place it between the groins to form a protected beach. The proposed project site, which is within the State of Hawai'i Conservation District, would remain state-owned. The project site is located within the navigable waters of the United States and the proposed activity is subject to the regulatory jurisdiction of the U.S. Army Corps of Engineers.

The U.S. Army Corps of Engineers (Corps), in cooperation with the Pennsylvania Turnpike Commission and the U.S. Environmental Protection Agency, as a Cooperating Agency, have prepared a Final Environmental Impact Statement (FEIS)/Section 404 Permit Application for the Southern Beltway Transportation Project from I-79 to the Mon/ Fayette Expressway in Washington County, PA. The overall purpose of the project is to provide transportation mobility safety improvements, to relieve congestion, and to support economic development plans in southwestern Pennsylvania. The FEIS assesses the environmental effects of the various alternatives developed to address the project needs.

The Mobile District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (EIS) to address the potential impacts associated with permitting construction of a dam and reservoir along Murder Creek in Conecuh County, AL. Evaluation of the proposed project via an EIS will proceed in compliance with the National Environmental Policy Act (NEPA). Upon completion of the EIS, the Corps will evaluate a permit application for the proposed work under the authority of Section 404 of the Clean Water Act.

The U.S. Army Corps of Engineers, Fort Worth District (USACE) has received an application for a Department of the Army permit under Section 404 of the Clean Water Act (CWA) from the Upper Trinity Regional Water District (UTRWD) to construct Lake Ralph Hall. In accordance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the USACE has determined that issuance of such a permit may have a significant impact on the quality of the human environment and, therefore, requires the preparation of an Environmental Impact Statement (EIS). The USACE intends to prepare an EIS to assess the environmental, social, and economic effects of issuance of a Department of the Army permit under Section 404 of the CWA for discharges of dredged and fill material into waters of the United States (U.S.) associated with the construction of the proposed water supply reservoir. In the EIS, the USACE will assess potential impacts associated with a range of alternatives.

In compliance with the National Environmental Policy Act (NEPA) of 1969, 40 CFR 1508.22, and 33 CFR Parts 230 and 325, and in conjunction with the Sanitation Districts, the U.S. Army Corps of Engineers (Corps) is announcing its intent to prepare a DEIS/EIR for the Clearwater Program. The Clearwater Program is a strategic planning initiative to identify wastewater conveyance, wastewater treatment, effluent management, solids processing, and biosolids management needs for the Sanitation Districts' Joint Outfall System through the year 2050. The Clearwater Program will entail the preparation of a new Master Facilities Plan (MFP), which will guide the management, and upgrade/development of the Sanitation Districts' infrastructure. A major component of the MFP is the construction of a new ocean outfall structure extending from the coastline in the vicinity of White Point, Point Fermin, or the Port of Los Angeles up to approximately 7 miles seaward of San Pedro Bay in the Pacific Ocean. The construction of the structure would entail discharge of dredged and fill material in waters of the United States, work in navigable waters of the United States, and potentially the transport of dredged material for ocean disposal. Accordingly, the Sanitation Districts intend to submit a Department of Army application pursuant to Section 404 of the Clean Water Act (CWA), Section 10 of the Rivers and Harbors Act (RHA), and if necessary Section 103 of the Marine Protection, Research, and Sanctuaries Act (MPRSA). For Additional Information Contact: Kenneth Wong, Project Manager, at (213) 452-3290 (kenneth.wong@usace.army.mil), U.S. Army Corps of Engineers, Los Angeles District, P.O. Box 532711, Los Angeles, CA 90053-2325.

The Corps of Engineers (Corps) intends to prepare an Environmental Impact Statement (EIS) for the Mississippi River-Gulf Outlet (MRGO) Ecosystem Restoration Feasibility Study within the Middle and Lower Pontchartrain Basin and areas of southern Mississippi. The Corps will evaluate a full range of comprehensive restoration measures to restore important estuarine components and ecosystem processes within the areas affected by the MRGO navigation channel and assess the impacts associated with implementing the plan. The MRGO was authorized by Congress in 1956 as a Federal navigation channel to provide a direct route between the Port of New Orleans and the Gulf of Mexico. Construction began in 1958 and was completed in 1968 to authorized dimensions (36-foot depth by 500-foot width: 38-foot depth by 600-foot bottom width in Bar Channel). Construction of the MRGO channel created a direct deep water link between the Inner Harbor Navigation Canal and the Gulf of Mexico allowing higher salinity waters to enter Lake Borgne and Lake Pontchartrain estuaries. Construction resulted in direct wetland losses, damages to the Bayou LaLoutre Ridge and alteration of the adjacent landscape and hydrology by placement of dredge material adjacent to the channel in upland confined disposal facilities. Since Hurricane Katrina made landfall in 2005, the MRGO navigation channel has not been maintained. A June closure plan and accompanying Legislative EIS and Record of Decision titled ``Integrated Final Report to Congress and Legislative Environmental Impact Statement for the Mississippi River-Gulf Outlet Deep-Draft De-Authorization Study'' was signed on June 5, 2008, officially deauthorizing the MRGO navigation channel (from the Gulf of Mexico to Mile 60 at the southern bank of the Gulf Intracoastal Waterway) and authorizing construction of a closure structure at the south ridge of Bayou LaLoutre in St. Bernard Parish, Louisiana and development of plan to restore the areas affected by the MRGO Navigation channel.

In accordance with 10 United States Code 2869, the Department of the Army intends to enter into an Exchange Agreement with a Development Company (to be selected) for the exchange of three (3) separate parcels (totaling 94.79+/-acres) of Government owned land at Soldier Systems Center, Natick, Massachusetts, in exchange for the construction and renovation to several buildings at Soldier Systems Center. 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, Baltimore, Maryland.

The U.S. Army Corps of Engineers (Corps), Mobile District, issued a Notice of Intent (NOI) in the Federal Register (73 FR 9780) published on February 22, 2008, describing the preparation of a Draft Environmental Impact Statement (EIS), as required by the National Environmental Policy Act (NEPA) to address the proposed update of the Water Control Manual (WCM) for the Apalachicola-Chattahoochee-Flint (ACF) River Basin located in Georgia, Florida, and Alabama. The Corps will hold five public scoping meetings during the month of October as part of its review and update of the WCM for the ACF River Basin. The public is invited to attend the scoping meetings which will provide information on the WCM update process and afford the opportunity to receive input from the public about their issues and concerns regarding that process. All five public meetings will be held using an open house format, allowing time for participants to review specific information and to provide comments to the resource staff attending the meeting.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act, from the City of Raleigh to construct a drinking water reservoir on Little River to satisfy the future demands for the service area which includes Raleigh, Garner, Knightdale, Rolesville, Wake Forest, Wendell, and Zebulon, NC. The proposed project would require the construction of a dam north of U.S. Highway 64 on Little River, a tributary in the Neuse River Basin. In addition, infrastructure improvements including a water treatment plant, water lines, and raising and/or closing existing roadways are expected.

The U.S. Army Corps of Engineers (Corps) is establishing ten restricted areas at Naval Support Activity (NSA), Panama City (PC), Florida. NSA, Panama City, and its major tenant command, the Naval Surface Warfare Center (NSWC), have been recognized as one of the lead research, development, test and evaluation laboratories of the U.S. Navy. In addition, the Naval Diving and Salvage Training Center (NDSTC) was relocated from the Washington Navy Yard to NSA PC and now hosts a consolidated training for the U.S. Army Corps of Engineers, U.S. Coast Guard, the Navy's satellite dive schools, the U.S. Marine Corps and the U.S. Air Force. As such, a large majority of military dive training is now concentrated at NSA, PC. The restricted areas in Panama City waters meet strict military training parameters that cannot be duplicated elsewhere. Military training in and around St. Andrews Bay has existed in harmony with local boat traffic and development since 1945. NSA, PC is formalizing these ongoing activities within the waters of St. Andrews Bay in an effort to maximize public safety and to preserve current military training vital to the Global War on Terror and to all service military readiness.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, and the Council on Environmental Quality's (CEQ) regulations for implementing the procedural provisions of NEPA, the Bureau of Reclamation (Reclamation) and the U.S. Army, Corps of Engineers (Corps) propose to jointly prepare an EIS that analyzes and discloses effects associated with modifications to Intake Diversion Dam. The proposed Federal action is to modify Intake Diversion Dam and canal headworks, features of Reclamation's Lower Yellowstone Project, to improve passage and reduce entrainment for endangered pallid sturgeon and other native fish in the lower Yellowstone River. Reclamation and the Corps will serve as joint lead Federal agencies in the preparation of the Intake Diversion Dam Modification EIS. Reclamation will act as administrative lead for NEPA compliance activities during preparation of the EIS. Reclamation and the Corps will each consider and approve a Record of Decision regarding actions and decisions for which the respective agencies are responsible.

In accordance with Section 5018 (b) of the Water Resources Act of 2007, announcement is made of the following committee meeting: Name of Committee: Missouri River Recovery Implementation Committee. Date: September 29-October 1, 2008. Time: 1 p.m. to 6 p.m. (September 29, 2008). 8:30 a.m. to 6 p.m. (September 30, 2008). 8:30 a.m. to 6 p.m. (October 1, 2008). Place: Sheraton Clayton Plaza Hotel, 7730 Bonhomme Avenue, Clayton, MO 63105.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board on Coastal Engineering Research. Date of Meeting: September 23-25, 2008. Place: Pavilion Ballroom, Hilton Portland and Executive Tower, 921 SW 6th Avenue, Portland, OR 97204. Time: 8 a.m. to 5 p.m. (September 23, 2008); 8 a.m. to 5:30 p.m. (September 24, 2008); 8 a.m. to 5 p.m. (September 25, 2008).

U.S. SteelMinnesota Ore Operations (U.S. Steel) has applied to the St. Paul District, Corps of Engineers (Corps) for a Clean Water Act Section 404 permit to discharge fill material into jurisdictional wetlands to facilitate the expansion of an operating open pit taconite mine and expansion of an operating taconite ore processing facility near Keewatin in Itasca County and St. Louis County, MN. Tailings would be discharged into an existing, operating tailings basin. The proposed project is known as the Keetac Expansion Project. Iron ore mining and taconite pellet production have been on-going at the Keetac site since 1967, when the original Phase I taconite processing plant began operation. In 1977, the Phase II expansion added a second grate-kiln pellet line. The Phase I facility was idled in December 1980, leaving the Phase II facility as the only operating pellet production line. U.S. Steel now proposes to increase the capacity at the Keetac facility by restarting the Phase I line and upgrading the mining, concentrating, and agglomerating processes. The restart would involve the installation of energy-efficient technologies in addition to new emission controls. The expansion would increase the project impact area by approximately 1,272 acres to a total of approximately 12,864 acres. The project would continue to operate 24 hours per day; 365 days per year. Taconite pellet production output would increase by 3.6 million tons to a total output of 9.6 million tons per year. The mining process would require the construction of overburden, waste rock, and lean ore stockpiles adjacent to the open pit mine. There is currently adequate ore crushing capacity for the proposed expansion. The existing tailings basin would be expanded slightly in order to reinforce the dikes so that the height of the tailings can be increased. The currently permitted mine could also be used to provide ore for the proposed expanded operation, but this would reduce the life of the mine and therefore an expansion of the mine is proposed to maintain twenty-five years of permitted capacity. The project would require the discharge of fill material into approximately 620 acres of wetlands. While some of the wetlands may be isolated, the majority of the wetlands are abutting or adjacent to an unnamed tributary to Welcome Creek, which is a tributary to O'Brien Creek, which is a tributary to the Swan River, which is a tributary to the Mississippi River, which is a navigable water of the United States. U.S. Steel proposes to utilize approximately 395 acres of wetlands that have been restored and are being monitored adjacent to the existing tailings basin to compensate for the first five years of lost wetland functions and values that would be caused by the proposed project. Those restored wetlands have been identified as being suitable for wetland banking. In addition, U.S. Steel will submit a compensatory wetland mitigation plan to identify compensation for the remainder of the proposed wetland impacts. The discharge of dredged or fill material into waters of the United States requires a permit issued by the Corps under Section 404 of the Clean Water Act. The Final Environmental Impact Statement (FEIS) will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

The purpose of the Environmental Impact Statement (EIS) is to address alternatives and environmental impacts associated with the conveyance of approximately 900 acres of Federal land at Lake Texoma, Oklahoma and Texas, to the city of Denison, TX.

The U.S. Army Corps of Engineers (Corps) authorized through the Flood Control Act of 1962, Public Law No. 87-4, 87th Congress, 2nd Session, approved October 23, 1962, and amended by Section 204 of Pub. L. No. 89-789, the Flood Control Act of 1966, and the Water Resources Development Act of 1986, will address channel modification opportunities to Unit 4 of Corte Madera Creek, Marin County, CA. The purpose of the Corte Madera Creek Flood Control Project is to provide flood risk management for Corte Madera Creek, from the upstream end of the existing Unit 3 concrete channel to Sir Francis Drake Boulevard at the border of Ross and San Anselmo. Although Units 1, 2, and 3 channel modifications were completed in 1971, public concerns led to a delay in the planned actions for Unit 4. In 1996, Marin County requested the completion of Unit 4 by the Corps, and damages incurred by the December 2005 flood have also renewed public interest in finding solutions to minimize the risk of future floods. Since 1971, additional technical studies were conducted that provide another opportunity to formulate and review new alternatives in order to complete the project. This is a notice of intent to prepare a joint Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) to consider all reasonable alternatives and to evaluate potential impacts associated with the proposed actions. The U.S. Army Corps of Engineers is the lead agency for this project under the National Environmental Policy Act (NEPA) and Marin County Flood Control and Water Conservation District Zone 9 is the lead agency under the California Environmental Quality Act (CEQA).

The Clear Creek watershed drains portions of Fort Bend, Harris, Galveston, and Brazoria counties, Texas, including portions of Houston and the smaller towns of League City, Friendswood and Pearland, among others. The watershed also forms part of the boundary between Harris County to the north and Galveston and Brazoria counties to the south. Clear Creek flows into the west side of upper Galveston Bay through Clear Lake. The Draft Environmental Impact Statement (DEIS) will evaluate several flood detention and conveyance features to reduce flooding of homes and businesses in the Clear Creek Watershed. The study will focus on environmental and social conditions currently present and those likely to be affected by the proposed changes in the watershed. The flood-control project includes construction of several miles of high flow channel adjacent to the existing channel, while preserving the existing channel and floodplain forest. Detention of flood waters would also be provided in some areas where the high flow channel diverges from the low flow channel and in off-line detention areas adjacent to the creek. All flood control measures on Clear Creek occur upstream of the Dixie Farm Road crossing. The proposed project also includes widening three tributaries to Clear Creek, Mud Gully, Turkey Creek, and Mary's Creek, for improved conveyance of flood flows, with detention basins constructed adjacent to Mary's Creek and between Clear Creek and Mud Gully.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division is amending the 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 Carolinas Cement Company LLC (a subsidiary of Titan America LLC) to construct the Carolinas Cement Company LLC Castle Hayne Project. This project will include quarrying to support cement manufacturing in northern New Hanover County, NC. The amendment is a change in date and location of the scoping meeting and an extension of the comment period deadline. The original Notice of Intent was published in the Federal Register on May 30, 2008 (73 FR 31072), with a comment deadline of June 30, 2008.

The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Draft Environmental Impact Statement (Draft EIS) has been completed and is available for review and comment.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division 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 Carolinas Cement Company LLC (a subsidiary of Titan America LLC) to construct the Carolinas Cement Company LLC Castle Hayne Project. This project will include quarrying to support cement manufacturing in northern New Hanover County, NC. The proposed project will require the excavation of an open pit adjacent to the Northeast Cape Fear River in order to extract and process the raw materials (calcium carbonate and limestone) in order to produce Portland Cement. Existing infrastructure including railroad, interstate highway, and waterways allow for both the shipment of product from the plant and the receipt of materials, such as coal. The Castle Hayne site is the location of former cement manufacturing facility and an unrelated, active aggregate quarry.

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.