Engineers Corps 2010 – Federal Register Recent Federal Regulation Documents
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Notice of Intent To Prepare a Draft Environmental Impact Statement and Dam Safety Assurance Program Modification Report for the Martis Creek Dam Project, Nevada County, CA
Pursuant to the National Environmental Policy Act of 1969, as amended, the U.S. Army Corps of Engineers, Sacramento District (Corps) intends to prepare a draft Environmental Impact Statement (EIS) for the Federal action to remediate seismic, seepage, and hydrologic dam safety concerns at the Martis Creek Dam. Martis Creek Dam is located about two miles upstream of the confluence of Martis Creek and the Truckee River, and about three miles east of Truckee, in Nevada County, CA. The Truckee River flows through Reno, Nevada and into Pyramid Lake, NV. The proposed action is being conducted through the Corps' Dam Safety Assurance Program (DSAP) for the evaluation of existing dams.
Intent To Prepare a Draft Environmental Impact Statement for Improvements to the U.S. 17 and Market Street (U.S. 17 Business) Corridor in Northern New Hanover and Southern Pender Counties, NC
The North Carolina Department of Transportation (NCDOT) has proposed improvements to the transportation system starting at Military Cutoff Road in New Hanover County and extending to a point north of Hampstead along U.S. 17, in Pender County, NC (TIP Projects U-4751 and R-3300). The NCDOT is currently considering alternatives for this project that will require authorization from the U.S. Army Corps of Engineers (USACE) pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbor Act). The USACE,Wilmington District, Regulatory Division and the NCDOT intend to prepare a joint environmental impact statement in accordance with regulations implementing the National Environmental Policy Act (NEPA) to evaluate and compare alternatives and to assess associated impacts.
Notice of Intent To Prepare an Environmental Impact Statement/Environmental Impact Report for Phase 3 of Reclamation District No. 17 100-Year Levee Seepage Area Project, San Joaquin County, CA
The action being taken is the preparation of an environmental impact statement/environmental impact report (EIS/EIR) for Phase 3 of Reclamation District No. 17's (RD 17) 100-year Levee Seepage Area Project (LSAP). To implement Phase 3 of the LSAP, RD 17 is requesting permission from the U.S. Army Corps of Engineers pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408, referred to as ``Section 408'') for alteration of Federal project levees and Section 404 of the Clean Water Act (33 U.S.C. 1344) for placement of fill into jurisdictional waters of the United States. Under Section 408, the Chief of Engineers may grant permission to alter an existing Federal project if it is not injurious to the public interest and does not impair the usefulness of the project. Portions of the RD 17 levee system including the section of levee along the south bank of French Camp Slough, along the east bank of the San Joaquin River, and along the northerly bank of Walthall Slough are Federal project levees. Therefore, Section 408 permission is required for structural improvements to these portions of the RD 17 levee system and would be issued to the Central Valley Flood Protection Board. Under Section 404, the District Engineer permits the discharge of dredged or fill material into waters of the United States if the discharge meets the requirements of the Environmental Protection Agency's 404(b)(1) guidelines and is not contrary to the public interest. As the landside levee improvements would result in a discharge of fill material into waters of the United States, permission under Section 404 is needed and would be issued directly to RD 17. RD 17 is located in San Joaquin County, California in the cities of Stockton, Lathrop, and Manteca.
Notice of Intent To Prepare a Draft Environmental Impact Statement on Beach and Dune Restoration in St. Lucie County, FL
The U.S. Army Corps of Engineers (Corps), Jacksonville District, has received a permit application for a Department of the Army permit under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act from the St. Lucie County Erosion Control District (County) to construct a beach nourishment and dune restoration project along St. Lucie County. As part of the permit process, the Corps is evaluating the environmental effects associated with beach nourishment and dune restoration.
Notice of Availability of the Draft Supplemental Environmental Impact Statement for the Proposed Baseload Power Plant, East Kentucky Power Cooperative, Inc., Clark County, KY
The U.S. Army Corps of Engineers (USACE), in accordance with 42 U.S.C. 4321 to 4370(f), is issuing this notice to advise the public that a Draft Supplemental Environmental Impact Statement (SEIS) has been prepared and is available for review and comment.
Intent To Prepare a Draft Environmental Impact Statement for the “Flood Control, Mississippi River & Tributaries, St. Johns Bayou and New Madrid Floodway, Missouri, First Phase” (SJNM) Project
The U.S. Army Corps of Engineers is announcing its intent to prepare a Draft Environmental Impact Statement (DEIS) for the Mississippi River and Tributaries, St. Johns Bayou and New Madrid
Intent To Prepare a Draft Environmental Impact Statement for the Broward County Shore Protection Project, North County Line to Hillsboro Inlet (Segment I) General Reevaluation Report, Located in Broward County, FL
The U.S. Army Corps of Engineers (Corps), Jacksonville District, intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) for the Broward County Shore Protection Project(Segment I) General Re-Evaluation Report. The project is being sponsored locally by the city of Deerfield Beach.
Intent To Prepare a Draft Environmental Impact Statement for Hurricane and Storm Damage Reduction for South Ponte Vedra Beach, Vilano Beach, and Summer Haven Beach Reaches, St. Johns County, FL
The U.S. Army Corps of Engineers, Jacksonville District, intends to prepare a Draft Environmental Impact Statement (DEIS) for evaluation of the feasibility of providing hurricane and storm damage reduction (HSDR), and related purposes to the shores of St. Johns County, Florida. In cooperation with St. Johns County, the study will evaluate alternatives that will maximize HSDR while minimizing environmental impacts within three reaches designated critically eroded by Florida Department of Environmental Protection (FDEP): (1) South Ponte Vedra Beach (R84-R110/5 miles), (2) Vilano Beach (R110-R122/2.5 miles) and (3) Summer Haven Beach (R197-R209/2.3 miles).
Notice of Intent To Grant Exclusive License of U.S. Patent Application No. 12/432,842 Filed April 30, 2009 Entitled: “A Soil Stabilization Soil Comprising Same, and a Method of Stabilizing Soil”
In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective exclusive license of the following U.S. Patent Application No. 12/432,842 Filed April 30, 2009.
United States Navy Restricted Area, Puget Sound, Naval Station Everett, Washington
The U.S. Army Corps of Engineers is proposing to amend its regulations for the restricted area established in the waters of Puget Sound adjacent to Naval Station Everett, Everett, Snohomish County, Washington. The amendments will enable the affected units of the United States military to enhance safety and security around an active military establishment. The regulations are necessary to safeguard military vessels and United States government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. The regulations are also necessary to protect the public from potentially hazardous conditions that may exist as a result of military use of the area.
Notice of Availability for Comments Regarding the Planned Environmental Assessment Interim Report IIIa Fish Deterrent Barriers, Illinois and Chicago Area Waterways
The U.S. Army Corps of Engineers, Chicago District is requesting public comments for a planned Environmental Assessment. The Corps is directed to conduct a study of technologies that may enhance the efficacy of the Chicago Sanitary and Ship Canal Dispersal Barriers System. The study is structured as a series of interim reports. Interim Report IIIa, limited to the impacts of implementing additional in- stream barrier/deterrent technologies at key locations in the Illinois and Chicago Area Waterways is the focus of this planned EA. The specific technologies under consideration include acoustic deterrents, air bubble curtains, and strobe lights used both individually and in combination. Comments are requested to assist in determining the level of analysis and impacts to be considered for implementing these in- stream barrier/deterrent technologies. Any comments received by the Corps on the proposed EA will be considered fully for the Federal action associated with the Project.
Inland Waterways Users Board
In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting.
Process for Requesting a Variance From Vegetation Standards for Levees and Floodwalls
In the February 9, 2010 issue of the Federal Register (75 FR 6364), the U.S. Army Corps of Engineers (Corps), published its proposed update to its current process for requesting a variance from vegetation standards for levees and floodwalls for public comment. In that notice, the Corps stated that written comments must be submitted on or before March 11, 2010. Instructions for submitting comments are provided in the February 9, 2010, Federal Register notice. In response to several requests, the Corps has decided to extend the public comment period to April 25, 2010.
Notice of Availability of a Final General Conformity Determination and Record of Decision for the Middle Harbor Redevelopment Project, Port of Long Beach, Los Angeles County, CA
In April 2009, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Port of Long Beach (POLB) completed and published a joint Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Middle Harbor Redevelopment Project (Project) in the POLB, including a Draft General Conformity Determination, for the Federal action associated with the Project. Comments were received on the Final EIS and Draft General Conformity Determination until May 3, 2009. A General Conformity Determination was required because Project construction would require Federal action (i.e., issuance of a Corps permit for work and structures in and over navigable waters and discharges of fill into waters of the U.S.) and not all the Federal action's direct and indirect air emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). On February 23, 2010, the Corps completed its environmental review and made a Final General Conformity Determination, executed the Record of Decision (ROD), and issued a Standard Individual Permit for the Federal action associated with the Project, pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act. The Corps considered and responded to all comments received in making the Final General Conformity Determination, executing the ROD, and issuing the Corps permit. The public can request copies of the Final General Conformity Determination document or the
Intent To Prepare a Draft Environmental Impact Statement for the Everglades Restoration Transition Plan-Phase 1
The Jacksonville District, U.S. Army Corps of Engineers intends to prepare a Draft Environmental Impact Statement (EIS) for the Everglades Restoration Transition Plan (ERTP)Phase 1. The ERTP will supersede the 2006 IOP for the Cape Sable Seaside Sparrow which currently regulates operations for Central & South Florida (C&SF) project features in the south Dade area. The ERTP Phase 1 aims to implement operational flexibilities based on multi-species management. This project is ``phase 1'' in anticipation of subsequent operational modifications that will be needed to move towards Everglades restoration. Development of the plan will include evaluation of relevant new species information and hydrological data. The ERTP Draft EIS will evaluate the anticipated affects of implementation of operations to support the recommendations of the U. S. Fish and Wildlife Service (FWS) Biological Opinion.
Atlantic Ocean off John F. Kennedy Space Center, FL; Restricted Area
The U.S. Army Corps of Engineers (Corps) is proposing to revise its regulations to establish a new restricted area in the Atlantic Ocean off the coast of the John F. Kennedy Space Center (KSC), Florida. The KSC is the main launch facility for the National Aeronautics and Space Administration (NASA) and they need to have the capability to secure their shoreline at KSC. This amendment to the existing regulations is necessary to enhance KSC's ability to secure their shoreline to counter postulated threats to their facilities and to provide for safe launch operations.
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Proposed Duke Energy Carolinas, LLC, Offshore Wind Demonstration Project Within the Pamlico Sound, Dare County, NC
The U.S. Army Corps of Engineers (USACE), Wilmington District, 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 Duke Energy Carolinas, LLC, to construct up to three (3) power generating wind turbines within the Pamlico Sound and to conduct research relating to the development of future offshore wind energy projects. This project is located within a 3-mile square area located approximately 7.3 miles west of Avon and 9.1 miles north of Frisco within the Pamlico Sound, NC. In order to maximize exposure to prevailing winds, the turbines will be oriented in a northwest to southeast configuration (NW corner: Lat. 35.23.9.78 N, Long. 75.39.26.32 W/SE corner: Lat. 35.22.4.26 N, Long. 75.38.20.80 W). Construction will require barge-supported equipment to install the foundations supporting the turbines, rock aprons may be installed to protect the base of each structure, and an approximately 6-inch diameter electric cable will be buried within the bottom of Pamlico Sound for connection to an existing, land-based substation near the communities of either Avon, Buxton, Frisco, or Hatteras, NC. Power generated by this project would be supplied to the electric grid on Hatteras Island. The University of North Carolina at Chapel Hill (UNC) will conduct research on the project to evaluate water user conflicts, ecological risks, engineering obstacles, and measures to mitigate the effects of the turbines on the public.
Notice of Intent To Prepare a Joint Environmental Impact Statement and Environmental Impact Report for the Lower Walnut Creek General Reevaluation Report
Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers, Sacramento District (USACE) intends to prepare a joint environmental impact statement/environmental impact report (EIS/EIR) for the Lower Walnut Creek General Reevaluation Report (LWCGRR). USACE will serve as lead agency for compliance with NEPA, and the Contra Costa County Flood Control and Water Conservation District (CCCFCWCD) will serve as lead agency for compliance with CEQA. The LWCGRR will evaluate alternatives, including a locally preferred plan, for providing flood risk management and ecosystem restoration along the northern portion of the Walnut Creek watershed in the Central Coast of California. The approximate drainage area of the proposed action and analysis is 180 square miles.
Extension of the Public Comment Period for the Draft Environmental Impact Statement for the Moffat Collection System Project, City and County of Denver, Adams County, Boulder County, Jefferson County, and Grand County, CO
The U.S. Army Corps of Engineers (Corps) Omaha District is announcing a 16-day extension of the public comment period for the Moffat Collection System Project (Moffat Project) Draft Environmental Impact Statement (Draft EIS). The originally announced comment period ends on March 1, 2010, but has been extended until March 17, 2010. The original Notice of Availability of the Draft EIS was published in the Federal Register on Friday, October 30, 2009 (74 FR 56186) and included an initial 90-day comment period (October 30, 2009 to January 27, 2010). A second Notice of Availability announcing an extension of 32 days (January 27, 2010 to March 1, 2010) was issued on December 18, 2009 (74 FR 67180).
Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the State of Alaska's Proposed Alaska Stand Alone Pipeline (ASAP) Natural Gas Transportation Pipeline
In December 4, 2009, issue of the Federal Register (74 FR 63736), the Alaska District, U.S. Army Corps of Engineers (Corps), published a Notice of Intent to prepare a Draft Environmental Impact Statement (DEIS) to identify and analyze the potential impacts associated with the construction of the proposed Alaska Stand Alone Pipeline (ASAP) natural gas transportation pipeline. In that notice, the Alaska District stated that the scoping period would end on February 5, 2010. In response to several requests, the Alaska District has decided to extend the scoping period to March 8, 2010.
Notice of Availability for a Draft General Conformity Determination for the Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project, Port of Los Angeles, Los Angeles County, CA
In November 2008, the Los Angeles Harbor Department (LAHD) and the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) published a joint Final Supplemental Environmental Impact Statement and Subsequent Environmental Impact Report (SEIS/SEIR) for the development of a marine oil terminal at Berth 408 on Pier 400 in the Port of Los Angeles, Los Angeles County, California (Project). The Corps is currently processing a permit application submitted by the LAHD to undertake various activities and construct structures in and over navigable waters of the U.S. associated with the Project. Issuance of a Corps permit is a Federal action, which must comply with the air quality general conformity requirements specified in Section 176(c) of the Clean Air Act.
Process for Requesting a Variance From Vegetation Standards for Levees and Floodwalls
The U.S. Army Corps of Engineers (Corps) is proposing to update its current process for requesting a variance from vegetation standards for levees and floodwalls to reflect organizational changes and incorporate current agency-wide review processes.
Notice of Intent To Prepare a Draft Environmental Impact Statement and Dam Safety Assurance Program Modification Report for the Isabella Dam Project, Kern County, CA
Pursuant to the National Environmental Policy Act of 1969, as amended, the U.S. Army Corps of Engineers, Sacramento District (Corps), in cooperation with the U.S. Forest Service, Sequoia National Forest, intends to prepare a draft Environmental Impact Statement (EIS) for the Federal action to remediate seismic, seepage, and hydrologic dam safety concerns at the Isabella Lake main and auxiliary dams. Isabella Lake is located on the Kern River approximately 45 miles northeast of Bakersfield, Kern County, California. The proposed action is being conducted through the Corps' Dam Safety Assurance Program (DSAP) for the evaluation of existing dams.
Intent To Prepare a Draft Environmental Impact Statement To Evaluate Improvements to the Federal Deep-Draft Pascagoula Harbor Navigation Channel in Jackson County, MS
The Mobile District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to
Availability of a Draft Environmental Impact Statement To Consider Issuance of a Department of the Army Permit Pursuant to Section 404 of the Clean Water Act for the Angelina & Neches River Authority's Proposal to Construct Lake Columbia, a Proposed 10,133-Surface-Acre Water Supply Reservoir in Cherokee and Smith Counties, TX
In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) Fort Worth District has prepared a Draft Environmental Impact Statement (DEIS). This DEIS evaluates potential impacts to the natural, physical and human environment as a result of the Angelina & Neches River Authority's proposal to construct Lake Columbia. The USACE regulates this proposed project pursuant to Section 404 of the Clean Water Act. The proposed activity would involve the discharge of dredged and fill material into waters of the United States associated with the proposed construction of Lake Columbia.
Availability of the Final Environmental Impact Statement (FEIS) for the Relocation of New River Inlet Ebb Tide Channel Between North Topsail Beach and Onslow Beach, and the Placement of the Dredged Material Along the Ocean Shoreline of North Topsail Beach in Onslow County, NC
In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (COE) Wilmington District, Wilmington Regulatory Field Office announces the availability of a Regulatory Program Final EIS for the North Topsail Beach Shoreline Protection Project. The applicant, The Town of North Topsail Beach, is requesting Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, to protect residential homes and town infrastructures by nourishing approximately 11.1 miles of beachfront via repositioning the New River Inlet channel, implementing an inlet management plan to control the positioning of the new inlet channel, and utilizing an offshore borrow area. 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 sources of the material for the beach nourishment will come from the repositioning of the inlet and an identified offshore borrow area. The projected amount of material needed to initially nourish the oceanfront shoreline is approximately 3.11 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 maintenance of the newly relocated channel. All work will be accomplished using a hydraulic cutterhead dredge. The proposed project construction will be conducted in a five phase approach to correspond with the Town's anticipated annual generation of funds.
Restricted Areas and Danger Zone at Naval Station Mayport, FL
The U.S. Army Corps of Engineers (Corps) is proposing to revise the existing regulations for a restricted area and establish a danger zone in the waters adjacent to and within the boundaries of Naval Station (NAVSTA) Mayport in Florida. The NAVSTA is the third largest naval facility in the continental United States and is unique in that it is home to a busy seaport as well as an air facility which conducts more than 135,000 flight operations each year. This amendment to the existing regulation is necessary to enhance the safety of the local community by ensuring safe navigation of the adjacent waterways, to preserve military security force protection measures, and adhere to military munitions regulations.
Notice of Intent To Prepare a Joint Environmental Impact Statement and Environmental Impact Report for the Lower San Joaquin River Feasibility Study
The action being taken is the preparation of a joint environmental impact statement/environmental impact report (EIS/EIR) for the Lower San Joaquin River Feasibility Study (LSJRFS). The EIS/EIR will be prepared in accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The U.S. Army Corps of Engineers (USACE) will serve as lead agency for compliance with NEPA, and the San Joaquin Area Flood Control Agency (SJAFCA) will serve as lead agency for compliance with CEQA. The LSJRFS will evaluate alternatives, including a locally preferred plan, for providing flood damage reduction and ecosystem restoration along the lower (northern) portion of the San Joaquin River system in the Central Valley of California. The approximate area of the proposed action and analysis is identified in Figure 1.
Notice of Solicitation for Estuary Habitat Restoration Program
Congress has appropriated limited funds to the U.S. Army Corps of Engineers (Corps) and the National Oceanic and Atmospheric Administration (NOAA) for implementation of the Estuary Habitat Restoration Program as authorized in Section 104 of the Estuary Restoration Act of 2000, Title I of the Estuaries and Clean Waters Act of 2000 (Pub. L. 106-457) (accessible at https://www.usace.army.mil/ CECW/ERA/Pages/home.aspx). On behalf of the Estuary Habitat Restoration Council (Council) the Corps is soliciting proposals for estuary habitat
Notice of Availability of Final Environmental Impact Statement for the Proposed Construction of the Western Wake Regional Wastewater Management Facilities; Which Includes Regional Wastewater Pumping, Conveyance, Treatment, and Discharge Facilities To Serve the Towns of Apex, Cary, Holly Springs and Morrisville, as Well as the Wake County Portion of Research Triangle Park (RTP South) in North Carolina
The comment period for the Final Environmental Impact Statement for the proposed construction of the Western Wake Regional Wastewater Management Facilities, in Wake and Chatham Counties, NC published in the Federal Register on Friday, December 18, 2009 (74 FR 67180), required comments be submitted 33 days (January 19, 2010) following publication in the Federal Register. The comment period has been extended to 54 days (February 9, 2010). This is because the initial Web version of the Final Environmental Impact Statement had problems with the Web links. The web version was corrected on December 28, 2009.
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