Engineers Corps – Federal Register Recent Federal Regulation Documents

In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. Name of Committee: Inland Waterways Users Board (Board). Date: February 22, 2006. Location: The Embassy SuitesOld Town Alexandria, 1900 Diagonal Road, Alexandria, VA 22314, (703-684-5900). Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at 12:30 p.m. Agenda: The Board will consider its project investment priorities for the next fiscal year. The Board will also hear briefings on the status of both the funding for inland navigation projects and studies, and the Inland Waterways Trust Fund.

In accordance with section 105(h) of the Estuary Restoration Act of 2000, (Title I, Pub. L. 106-457), announcement is made of the forthcoming meeting of the Estuary Habitat Restoration Council. The meeting is open to the public.

The U.S. Army Corps of Engineers (COE) is preparing an Environmental Impact Statement (EIS) to analyze the direct, indirect and cumulative effects of two water supply projects being proposed collectively as the Halligan-Seaman Water Management Project. Construction of the proposed Project(s) will result in temporary and permanent impacts to jurisdictional waters of the United States, thereby requiring Clean Water Act Section 404 permits. The Cities of Fort Collins and Greeley (Cities), and six other water providers (Participants), have proposed the Project(s) to provide drought protection of existing and future water demands, more efficiency in managing Participants' existing or future water rights, some operational redundancy, and possibly environmental benefits. Construction of the proposed Project(s) involves enlargement of two existing reservoirs: Halligan Reservoir and Milton Seamen Reservoir (Seaman Reservoir), resulting in approximately 88,592 acre-feet of additional storage capacity in the Cache la Poudre River Basin. The Halligan-Seaman Water Management Project would be a non-federal project constructed, owned and operated by the Cities and/or Participants.

The U.S. Army Corps of Engineers (Corps) is withdrawing the proposed rule published on May 25, 2005 (70 FR 30042) which proposed to establish a procedure for modifying the scheduled operational hours at the Lake Washington Ship Canal, Hiram M. Chittenden Locks in Seattle, Washington. The proposed rule would have permitted the District Engineer to change the scheduled operational hours of the locks following issuance of a public notice and after providing a 30-day comment period for any proposed change. The Corps has determined that there is no present need to implement changes in the operation of the Hiram M. Chittenden Locks. The Corps intends to initiate rulemaking in the future if circumstances necessitate instituting a change in the schedule or other parameters of Locks operation.

The Wilmington Harbor-96 Act project is being constructed for the purpose of enhancing commercial shipping the Cape Fear River and Northeast Cape Fear River, and the State Port in Wilmington, New Hanover County, NC. The project, including turning basin and mitigation efforts were originally addressed in an Environmental Impact Statement, Cape FearNortheast Cape Fear Rivers Comprehensive Study, Wilmington, NC, dated June 1996, which was supplemented by an Environmental Assessment, Preconstruction Modifications of Authorized Improvements, Wilmington Harbor, NC, dated February 2000. However since then, the need for new project features and mitigation issues have arisen. In order to address these issues, a General Reevaluation Report (GRR) will be prepared, and a Draft Environmental Impact Statement (DEIS) will be included as a part of this process. The GRR and DEIS will address the proposed relocation of a turning basin in the Northeast Cape Fear River, and a reevaluation of alternatives for fish passage at the three locks and dams on the Cape Fear River.

The U.S. Army Corps of Engineers, New England District, has prepared a Draft Supplemental Environmental Impact Statement and State Notice of Project Change (DSEIS/NPC) to maintenance dredge the following Federal navigation channels: the Main Ship Channel upstream of Spectacle Island to the Inner Confluence, the upper Reserved Channel, the approach to the Navy Dry Dock, and a portion of the Chelsea River (previously permitted) in Boston Harbor, MA. Maintenance dredging of the navigation channels landward of Spectacle Island is needed to remove shoals and restore the Federal navigation channels to their authorized depths. Materials dredged from the Federal channels will either be disposed of at the Massachusetts Bay Disposal Site (if the material is suitable for unconfined open water disposal) or, if the material is not suitable for unconfined open water disposal, in confined aquatic disposal (CAD) cell(s). Major navigation channel improvements (deepening) were made in 1999 through 2001 in the Reserved Channel, the Mystic River, Inner Confluence and the Chelsea River. A final EIS was prepared for this previous navigation improvement project in June of 1995 in which the use of CAD cells in the Mystic River, Inner Confluence, and Chelsea River were investigated. A CAD cell for the proposed maintenance project will be constructed in the Mystic River and in the Main Ship Channel just below the Inner Confluence.

Pursuant to the National Environmental Policy Act (NEPA), the Huntington District, U.S. Army Corps of Engineers, DoD, will prepare an Environmental Impact Statement (EIS). The EIS will evaluate potential direct, indirect and cumulative impacts to the natural, physical, and human environment resulting from construction of one or more roads proposed to serve recreational development and community access needs at the Fishtrap Lake Project near Millard, Pike County, KY.

The Environmental Impact Statement (EIS) addresses potential environmental impacts associated with the proposed Prado Basin Master Plan, and identifies recommended measures to reduce such impacts. The Prado Basin Master Plan proposes a range of recreation uses and features for identified planning areas with the Basin. Specific site plans and layouts for these proposed uses would be prepared when future specific development plans are proposed. The impact discussion, in turn, is purposely general in nature, and recommended measures to reduce impacts allow for flexibility. The potential impacts as stated and the commitment to minimize impacts are intended to provide a framework for future proposals. They also provide some guidelines for impacts that will require mitigation; short of making untimely, detailed, recommendations. This approach allows future recreation development sponsors the appropriate flexibility to design and formulate specific mitigation, including the parties responsible for implementation and verification, when details of specific Master Plan development proposals are presented. The U.S. Army Corps of Engineers has cooperated with counterparts in Orange, San Bernardino and Riverside Counties in Developing this Master Plan. Two alternatives are proposed for consideration for the Prado Basin: Adopting the proposed Prado Basin Master Plan, and the No Project alternative. The proposed plan would serve as a guide for orderly and coordinated use, development and management of the land in the Prado Basin. The discussion of affected environment and potential environmental impacts in this Environmental Impact Statement (EIS) are based on evaluation of land use designations proposed in the Basin Master Plan. Specific development proposals within the general land use Planning Areas would require appropriate National Environmental Policy act (NEPA) clearance to specifically address the potential environmental effects of those proposals. The No Project Alternative would eliminate the implementation of the recreation land use contemplated in the proposed Basin Master Plan, and in the continuation of current land use activities on the site. This alternative would result in the Corps being unable to meet its project objectives such as providing for the expressed public interests for recreation.

The study is being conducted in response to the authority contained in the following United States Senate Committee on Environment and Public Works Resolution dated April 22, 1988, as quoted below:

The U.S. Army Corps of Engineers (Corps) Omaha District is preparing a Supplemental Environmental Impact Statement (EIS) to analyze the direct, indirect and cumulative effects of enlarging the Rueter-Hess Reservoir, currently under construction in Parker, CO. The current project was authorized in February 2004 with Corps Permit 199980472. The basic purpose of the proposed action is the same as defined in the original EIS, which is to provide a safe, adequate and sustainable municipal water supply to Parker Water and Sanitation District (PWSD), Parker, CO that is capable of meeting the peak demands for the District's service area for the next 50 years. In addition, the purpose for enlarging the reservoir is to provide peaking storage of Denver Basin groundwater for selected South Metro Denver area water providers and to assist in sustaining the Denver Basin Aquifer. The construction of the proposed project would result in additional temporary and permanent impacts to wetlands and other Waters of the United States, requiring a new section 404 permit. To familiarize the public and interested organizations with the project and potential environmental issues that may be involved; the Corps has prepared a Scoping Document for the project. This document includes a project description, preliminary list of alternatives and various environmental/resource issues that will be addressed in the Supplemental EIS. Copies of the Scoping Document will be available at the public scoping meetings or can be requested by mail. The Supplemental EIS will be prepared according to the Corps' procedures for implementing the National Environmental Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 4332(2)(C), and consistent with the Corps' policy to facilitate public understanding and review of agency proposals.

In accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. The meeting is open to the public. Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Date: December 1, 2005. Location: Embassy Suites Hotel OrlandoAirport, 5835 T.G. Lee Boulevard, Orlando, FL, (407) 888-9339 or (800) 362-2669. Time: 9 a.m. to 12 p.m.

The U.S. Army Corps of Engineers (Corps) is amending seven existing regulations to incorporate changes to the types of restriction, the area affected by the restriction, and/or the administration of six restricted areas and one danger zone. Additionally, the Corps is establishing two new restricted areas. The restricted areas and danger zone are located within the State of Florida. The amended regulations will enable the affected units of the U.S. Military to enhance safety and security around active military establishments. These regulations are necessary to safeguard military vessels and United States government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. These regulations are also necessary to protect the public from potentially hazardous conditions that may exist as a result of military use of the area.

The U.S. Army Corps of Engineers, Galveston District intends to prepare a Draft Environmental Impact Statement (DEIS) to assess the social, economic and environmental effects of the proposed widening of portions of the Freeport Harbor Entrance and Jetty Channels. The DEIS will assess potential impacts of a range of alternatives, including the No Action and preferred alternatives. The Federal action is consideration of a Department of Army Permit application for work under section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), section 404 of the Clean Water Act (33 U.S.C. 1344) and section 103 of the Marine Protection Research and Sanctuary Act (33 U.S.C. 1413).

The Corps is proposing to amend the regulations for lockage operations at Bonneville Lock and Dam and amend the regulations which establish the restricted areas at Little Goose Lock and Dam. The Corps is making corrections and adjustments to the lockage control, signals, and permissible dimensions of vessels for Bonneville Lock and Dam. These changes correct language for the new replacement lock. For the Little Goose Lock and Dam the Corps is making adjustments in the upstream channel restricted area boundary to provide a recreational craft corridor along the north shoreline. This will provide better boat ramp access in support of the small craft portage route and reduce interference between fisherman and the boat ramp.

In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District has prepared a Final General Reevaluation Report (GRR) and Supplemental Environmental Impact Statement (SEIS) for the Poplar Island Environmental Restoration Project (PIERP). The GRR/ SEIS evaluated the vertical and/or lateral expansion of the PIERP, design modifications to the existing project, the addition of recreational/educational opportunities to the existing project, and the potential to accept dredged material from additional channels not specified in the 1996 EIS for the existing project. A Notice of Availability (NOA) for the Draft GRR/SEIS was published by the U.S. Environmental Protection Agency (EPA) in the Federal Register on June 22, 2005 (70 FR 36129). The preferred alternative includes a northern lateral expansion consisting of approximately 575 acres, which would include wetland and upland habitat, and a protected open water embayment; construction of a 5-ft vertical raising of the existing upland Cells 2 and 6 at the PIERP; amending the existing project authorization and Project Cooperation Agreement to include the placement of dredged material from the southern approach channels to the Chesapeake and Delaware (C&D) Canal; incorporation of design modifications required for the completion of the existing project, and development of recreational and educational enhancement for the PIERP.

The Vicksburg District Corps of Engineers is preparing the Dredged Material Management Plan (DMMP) for the existing Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana, navigation project. The DMMP will require a Supplemental Environmental Impact Statement (SEIS) No. 3 to the Final Environmental Impact Statement (FEIS) for the Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana (March 1973), navigation project. The project was authorized by the River and Harbor Act of 1968 in accordance with House Document 155, 90th Congress, 1st Session. The purpose of the DMMP is to develop a long term management strategy to accomplish the placement of dredged material associated with the navigation project in the least costly manner, that is consistent with sound engineering practice, and that meets all applicable Federal environmental laws. The Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana, navigation project requires, at a minimum, yearly channel maintenance. Existing disposal sites are at their design capacity and new disposal areas are required. The SEIS objective is to document the potential impacts at newly designated disposal sites (adverse and beneficial) related to maintaining the navigation channel for the next twenty years. The dredged material would be used for beneficial purposes to extent practicable (barrier island and coastal wetlands restoration). A public scoping meeting will be held on November 17, 2005, at the City Auditorium, 728 Myrtle Street, Morgan City, Louisiana, from 7 p.m. to 9 p.m.

In accordance with Section 105(h) of the Estuary Restoration Act of 2000, (Title I, Pub. L. 106-457), announcement is made of the forthcoming meeting of the Estuary Habitat Restoration Council. The meeting is open to the public.

In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. Name of Committee: Inland Waterways Users Board (Board). Date: October 13, 2005. Location: Heathman Lodge, 7801 NE Greenwood Drive, Vancouver, Washington 98662, (1-360-254-3100). Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at 12 p.m. Agenda: The Board will hear briefings on the status of both the funding for inland navigation projects and studies, and the Inland Waterways Trust Fund. The Board will also consider its priorities for the next fiscal year.

The U.S. Army Corps of Engineers (Corps) Los Angeles District in conjunction with the Los Angeles Harbor Department (Port) is examining the feasibility of various waterside navigation improvements as part of the Port's proposed San Pedro Waterfront and Promenade redevelopment proposal in the Port of Los Angeles. The Corps is considering the Port's application for a Department of the Army permit under Clean Water Act Section 404 and River and Harbor Act Section 10 to conduct dredge and fill activities and construct various navigation improvements The primary Federal involvement is the discharge of dredge and/or fill materials within waters of the United States, work (e.g. dredging) and structures in or affecting navigable waters of the United States, and potential impacts on the human environment from such activities. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring the preparation of an Environmental Impact Statement (EIS) prior to rendering a final decision on the Port's permit application. The Corps may ultimately make a determination to permit or deny the above project or permit or deny modified versions of the above project. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as Lead Agency for the Preparation of an Environmental Impact Report (EIR). The Corps and the Port have agreed to jointly prepare a Draft EIS/EIR for the improvements at Berth 136-147 in order to optimize efficiency and avoid duplication. The Draft EIS/EIR is intended to be sufficient in scope to address both the Federal and the state and local requirements and environmental issues concerning the proposed activities and permit approvals.

This announces the availability of the Draft Environmental Impact Statement (DEIS) which assesses the potential environmental impacts of the proposed reinforcement of an existing stone revetment wall at Montauk Point, Suffolk County, NY. The DEIS has been prepared in accordance with the National Environmental Policy Act (NEPA), and U.S. Army Corps of Engineers (USACE) regulations for implementing NEPA.

Minnesota Steel Industries, LLC (Minnesota Steel) has applied to the St. Paul District, Corps of Engineers (Corps) for a permit to discharge fill material into wetlands to facilitate the construction and operation of an open pit taconite mine at the former Butler Taconite site near Nashwauk, Minnesota, and the construction of new facilitiesa crusher, a concentrator, a pellet plant, a plant for producing direct reduced iron (DRI), and a steel mill consisting of two electric arc furnaces, two idle furnaces, two thin slab casters, and a sheet rolling mill. the former Butler Taconite Stage 1 tailings basin would be reactivated for the disposal of concentrator tailings. The mining process would require the construction of overburden, waste rock, and lean ore stockpiles just north of the proposed mine site. Ore would be hauled via truck from the mine to the adjacent ore concentrator. Concentrating the ore would involve crushing, grinding, magnetic separation, and flotation processes. Concentrator tailings would be pumped as slurry to the former Butler Taconite Stage 1 tailings basin approximately two miles southeast of the proposed mine site. The concentrate would be mixed with a binder and limestone, and converted to unfired pellets in balling drums or disks. The unfired pellets would be hardened in an indurating furnace. The DRI plant would convert the iron oxide pellets to nearly pure iron pellets (DRI pellets) in a 300- to 425-foot-high vertical shaft reactor. The DRI pellets would be fed to steel mill, which would produce hot rolled sheet steel. Project plans call for the mining of approximately 12.8 million long tons of crude ore per year at a stripping ratio of approximately 0.50:1. Approximately 2.4 million short tons per year of hot rolled sheet steel would be produced. The project would employ approximately 700 people for production, support, and administration. Economic feasibility of the project is based on a 20-year project life. Minnesota Steel at this time cannot predict whether investments for further operations would be economically desirable. Therefore, mine planning and detailed design are being prepared for 20 years of operation and environmental permits are being requested for a 20-year project life. If the project is permitted, and if Minnesota Steel proposes to extend the project life beyond the 20- year period, then modifications to the Section 404 permit and supplemental environmental review would be required. The project would require dredging or discharging fill material into approximately 1,014 acres of wetlands. While some of the wetlands may be isolated, the majority of the wetlands are adjacent to Oxhide Creek, Snowball Creek, Pickerel Creek, or O'Brien Creek, which are tributaries to the Swan River, or they are adjacent to an unnamed tributary to the Prairie River or to an unnamed tributary to Sucker Brook, which is a tributary to the Prairie River. The Swan River and the Prairie River are tributaries to the Mississippi River, which is a navigable water of the United States. A specific compensatory wetland mitigation plan has not been developed for the project. Minnesota Steel intends to work with interested Federal and state agencies to develop an acceptable plan that would meet Federal and state compensatory mitigation requirements. 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 will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

The U.S. Army Corps of Engineers (Corps), Jacksonville District, intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) for the Lake Okeechobee Regulation Schedule Study (LORSS), Lake Okeechobee, FL. The DSEIS will supplement the Final Environmental Impact Statement (FEIS) for the Lake Okeechobee Regulation Schedule Study prepared in 2000. The DSEIS will address additional alternatives to the current regulation schedule in order to optimize environmental benefits at minimal or no impact to the competing project purposes, primarily flood control and water supply. This study will consider operational changes to water management structures that discharge water from the lake as well as criteria used to determine those operations. Any operational changes will also consider current and planned water management activities within the Kissimmee River Basin. No new structural features will be considered except those already embedded within the South Florida Water Management Model.

The Corps of Engineers is amending its regulations to establish a restricted area and danger zone in Brickyard Creek (including a portion of the Atlantic Intracoastal Waterway), Mulligan Creek, Albergottie Creek and Salt Creek in the vicinity of the Marine Corps Air Station (MCAS) in Beaufort, South Carolina. The MCAS restricted area contains six sections that are contiguous to Brickyard, Albergottie and Salt Creeks, and two sections that are located on the northern border of the MCAS that encompasses Mulligan Creek. In addition, these regulations establish a restricted area in the Broad River in the vicinity of Laurel Bay Military Family Housing Area, which is associated with the Marine Corps Air Station. The purpose of these regulations is to provide effective security in the vicinity of the Marine Corps Air Station and the Laurel Bay Military Family Housing Area.