Engineers Corps – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (USACE), San Francisco District, has received applications for Department of the Army authorizations from Edenbridge, Incorporated (EI) to construct two projects in the City of Fairfield, Solano County, CA. One project, Hawthorne Mill East, is a mixed-residential development project and the second, Hawthorne Mill West, is a residential development project. Development of Hawthorne Mill East will require permanent placement of fill in 37.8 acres of waters of the U.S. Hawthorne Mill West would result in permanent impacts to 0.5 acres of waters of the U.S. In accordance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the USACE has determined that the proposed actions may have a significant impact on the quality of the human environment and therefore requires the preparation of an Environmental Impact Statement (EIS). Although the two projects are separate projects with independent utility, the USACE and the City have elected to consider these two related projects in a single document to allow for concurrent processing of requested entitlements. A combined Environmental Impact Report (EIR)/EIS will be prepared with the USACE as the Federal lead agency and the City of Fairfield (City) as the local lead agency (under the California Environmental Quality Act, or CEQA). The Hawthorne Mill East project is intended to become an integral part of the City's proposed train station by contributing to the creation of a populated, mixed-use transit hub and complementing the urban development principles as contemplated by the City. The proposed action is intended to: (1) Maximize long-term land use opportunities presented by the rail station by including a mix of land uses within walking distance of the station; (2) maximize pedestrian and bicycle access between residential and commercial development and the train station; (3) meet the City's regional housing needs requirements in a manner that minimizes pressure on regional highway facilities; (4) contribute to the clear identity of the train station as a comfortable, attractive, and vibrant public realm; and (5) provide appropriate protection of sensitive natural resources. The purpose of the Hawthorne Mill West project is to provide residential housing to fulfill the unmet needs of the City of Fairfield and to contribute to regional growth management by locating residential development on an infill site that is contiguous with existing development.

The U.S. Army Corps of Engineers (Corps), Jacksonville District, intends to prepare an integrated Feasibility Report/Draft Environmental Impact Statement (FR/DEIS) for the Southwest Florida Feasibility Study/Watershed Plan. The study is a cooperative effort between the Corps and the South Florida Water Management District (SFWMD), which is also a cooperating agency for this DEIS. The goal of the Southwest Florida Feasibility Study is to produce a regional restoration plan that addresses water resources issues within all watersheds in southwest Florida. It is intended that this plan will meet many of the ecological and hydrological restoration needs of southwest Florida. The problems which will be addressed in this study include loss of natural ecosystems and landscape connectivity/ degradation of wildlife habitat, altered, unnatural freshwater flows to wetlands and estuaries (altered surface water hydrology), and water quality degradation in surface waters.

This notice of availability announces the public release of the Draft Environmental Impact Statement (EIS) for evaluation of 15 separate permit applications under the authority of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, for proposed mixed-use waterfront development along the Gulf Intracoastal Waterway (GIWW) in Baldwin County, AL, specifically the stretch known as the ``Foley Land Cut'' (FLC). The Mobile District, U.S. Army Corps of Engineers (Corps) published in the Federal Register, May 26, 2006, (71 FR 30393) a Notice of Intent to Prepare a Draft EIS to evaluate the full range of direct, indirect, and cumulative impacts of the proposed development activities along the shoreline of the FLC. The EIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).

The Honolulu Seawater Air Conditioning, LLC proposes to construct a seawater air conditioning system (SWAC) at Kaka'ako on the south shore of O'ahu in order to provide a renewable-energy air conditioning system for downtown Honolulu buildings. The applicants propose to construct intake and return pipelines in adjacent coastal waters to utilize available deep, offshore cold seawater for their planned onshore cooling plant. The proposed pipeline staging and installation sites are 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.

This notice of availability announces the public release of the Draft Comprehensive Plan and Integrated Programmatic Environmental Impact Statement (EIS) for the Mississippi Coastal Improvements Program (MsCIP), Jackson, Harrison, and Hancock Counties, MS. The Mobile District, U.S. Army Corps of Engineers (Corps) published in the Federal Register, August 9, 2006, (71 FR 45537) a Notice of Intent to Prepare a Draft EIS to address the potential impacts associated with actions to comprehensively address hurricane and storm damage reduction, prevention of saltwater intrusion, preservation of fish and wildlife, prevention of erosion, and other related water resource purposes in coastal Mississippi. These actions are related to the consequences of hurricanes in the Gulf of Mexico in 2005. The Corps will forward recommendations to Congress as authorized by the Department of Defense Appropriations Act, 2006 (Pub. L. 109-148) dated December 30, 2005. The tentatively selected comprehensive plan elements for construction include ecosystem restoration of the barrier islands, mainland beaches, and sites at Admiral Island, Turkey Creek, Dantzler, Bayou Cumbest, Franklin Creek, Deer Island, and submerged aquatic vegetation in Bayou Cumbest which will restore approximately 3,210 acres of emergent tidal marsh, wet pine savannah, scrub/shrub, submerged aquatic vegetation, and beach and dune habitats. In conjuction with the ecosystem restoration efforts, the Draft Comprehensive Plan/Integrated Programmatic EIS recommends tentatively selected flood damage reduction elements, including Forrest Heights Levee, High Hazard Area Risk Reduction Plan Phase I, Waveland Flood Proofing Pilot Projects, and Moss Point Municipal Facility relocation. The EIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division is issuing this notice to advise the public that a State of North Carolina funded Draft Environmental Impact Statement (DEIS) will be prepared for the improvement of US 64 to a multilane facility, and replacement of the Lindsey C. Warren bridge in Tyrrell and Dare Counties, North Carolina (TIP Projects R-2544 and R- 2545).

The action being taken is the preparation of a joint environmental impact statement/environmental impact report (EIS/EIR) for the Sacramento River Bank Protection Project (SRBPP) Phase II Supplemental Authority. The SRBPP Phase II Supplemental Authority will result in the implementation of an additional 80,000 linear feet of bank protection in the Sacramento River Flood Control Project area, as authorized by the Water Resources Development Act (WRDA) of 2007. The SRBPP Phase II Supplemental Authority is located in the Sacramento River Flood Control Project (SRFCP) area, consisting of the Sacramento River and its Tributaries, CA.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended and in furtherance of the Water Resources Development Act of 2007, the U.S. Army Corps of Engineers, Kansas City and Omaha Districts, intend to prepare the Missouri River Ecosystem Restoration Plan and Environmental Impact Statement (plan/EIS). In developing the plan, the Corps must study actions required to mitigate habitat losses of aquatic and terrestrial habitat, recover federally listed species under the Endangered Species Act and restore ecosystem functions to prevent further declines among other native species. During an extended scoping process, we will invite comment on the draft purpose and need statements for the plan/EIS. The plan/EIS will describe a range of alternatives for achieving the purpose of the plan and assess the effects of those alternatives, including a preferred alternative, on the human environment as defined by NEPA. The goal of this planning effort is to develop and implement a single, comprehensive and integrated plan to guide the implementation of programs associated with mitigation, recovery, and restoration activities in the Missouri River Basin.

The Alaska District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to address the potential impacts associated with the construction of the proposed Beluga to Fairbanks (B2F) Alaska natural gas transportation pipeline. The Corps will be evaluating a permit application for work under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The Environmental Impact Statement (EIS) will be used as a basis for the permit decision and to ensure compliance with the National Environment Policy Act.

The U.S. Army Corps of Engineers, Sacramento District, intends to prepare a joint environmental impact statement/environmental impact report (EIS/EIR) for the construction of bank protection at River Mile 208 on the Sacramento River to prevent continued bank erosion and potential outflanking of the Glenn-Colusa Irrigation District Hamilton City Pumping Plant (HCPP), near Hamilton City, CA. The proposed action is being conducted under the HCPP Fish Screen Improvement Project.

The St. Paul District, Corps of Engineers (Corps) is canceling the preparation of a federal Environmental Impact Statement (EIS) for the proposal by Wisconsin Power and Light Company (WPL) to conduct work below the ordinary high water mark of the Mississippi River, a navigable water of the U.S., and to discharge dredged or fill material into waters of the U.S. to facilitate the construction and operation of a 300 megawatt (MW) baseload coal-fired electric generating unit, referred to as NED 3, near Cassville in Grant County, WI. The Corps has terminated its review of the WPL permit application due to WPL's withdrawal of their permit application on November 21, 2008.

On April 30, 2008, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Los Angeles Harbor Department (LAHD) completed and published the Recirculated Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 97-109 [China Shipping] Container Terminal Project (Project) in the Port of Los Angeles. The Corps and LAHD considered all comments received in preparing the Final EIS/EIR, which is available for a 30-day review. The Final EIS/EIR includes a draft general conformity determination (see Section 3.2 and Appendix P), pursuant to Section 176(c) of the Clean Air Act. A general conformity determination is necessary because Project construction would require Federal action (i.e., issuance of a Corps permit for activities proposed in and over navigable waters and waters of the U.S.) and not all the Federal action's direct and indirect emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). Pursuant to the general conformity regulations (40 CFR Part 93 Subpart B), general conformity determinations do not have to be included in the EIS and can be separately noticed, but the draft general conformity determination for the Federal action associated with the Project is being included in the Final EIS/EIR in this case. The Final EIS/EIR, including the draft general conformity determination, is available for public review during the next 30 days at the Los Angeles Harbor Department, 425 South Palos Verdes Street, San Pedro, California, on the Port's Web site: https:// www.portoflosangeles.org, and on the Corps' Web site: https:// www.spl.usace.army.mil/regulatory/POLA.htm (scroll down to the links under China Shipping Project). In addition, the Final EIS/EIR, including the draft general conformity determination, is available at the following libraries: L.A. Public Library, Central Branch, 630 West 5th Street, Los Angeles, California; L.A. Public Library, San Pedro Branch, 921 South Gaffey Street, San Pedro, California; and L.A. Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California. Any comments received by the Corps and LAHD on the Final EIS/EIR or the included draft general conformity determination during the next 30 days will be considered fully before the Corps makes a final general conformity determination and finalizes the Record of Decision (ROD) for the Federal action associated with the Project. The Corps will publish a notice of a final general conformity determination in the Federal Register within 30 days of rendering a final decision. The public can request from the Corps copies of the ROD, which includes responses to comments on the Final EIS/EIR, including any on the draft general conformity determination, following publication of a final general conformity determination and upon execution of the ROD.

The U.S. Army Corps of Engineers (Corps) is issuing a final rule establishing a restricted area within Puget Sound at Orchard Point, at the U.S. Navy Manchester Fuel Depot, near Manchester. The Corps is also amending an existing regulation for restricted areas within Sinclair Inlet at the Naval Base Kitsap-Bremerton and the Puget Sound Naval Shipyard, at the City of Bremerton, Kitsap County. The purpose of the new 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 purpose of the amended restricted area is also to ensure the security and safety of the public, and satisfy security, safety and operational requirements as they pertain to naval vessels, in addition to releasing for unimpeded transit of Washington State Ferries the eastern most area of the established restricted area. The restricted areas will be marked on navigation charts to ensure security and safety for the public.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) will prepare an Environmental Impact Statement (EIS) for The Arboretum project, a mixed-use residential and commercial development in Rancho Cordova, Sacramento County, CA. Lewis Operating Corp. has applied for a Department of the Army permit to fill approximately 31.78 acres of waters of the United States, including wetlands, to construct the project.

This notice of intent (NOI) supersedes the NOI published in the Federal Register June 23, 1998 (63 FR 34151). The U.S. Army Corps of Engineers, New Orleans District (USACE) intends to prepare an environmental impact statement (EIS) for the West Shore-Lake Pontchartrain, Louisiana, Hurricane and Storm Damage Risk Reduction Feasibility Study. This study will determine the feasibility and assess the environmental impacts of providing hurricane and storm damage risk reduction measures in the study area. The study area is bounded by the Bonnet Carre Spillway to the east, the Mississippi River to the south, Lakes Pontchartrain and Maurepas to the north, and St. James Parish/ Ascension Parish line to the west.

In November 2007, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Los Angeles Harbor Department (LAHD) completed and published a joint Final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) for the Berths 136-147 [TraPac] Container Terminal Project (Project) in the Port of Los Angeles. The Corps is currently processing a permit application submitted by the LAHD to undertake various activities and construct structures in and over navigable waters and waters of the United States associated with the Project. Issuance of a Corps permit is a Federal action, which must comply with the air quality conformity requirements specified in section 176(c) of the Clean Air Act. An addendum to the Final EIS (Addendum) has been prepared that revises the conformity statement included in section 3.2 of the Final EIS and incorporates the Draft General Conformity Determination, as Appendix O to the Final EIS, for the Federal action associated with the Project. The general conformity regulations (40 CFR Part 93 Subpart B) allow general conformity determinations to be included in an EIS, but inclusion of these determinations is not required and can be separately noticed. The Addendum and General Conformity Determination are available for public review during the next 30 days at the Los Angeles Harbor Department, 425 South Palos Verdes Street, San Pedro, California, on the Port's Web site: https://www.portoflosangeles.org, and on the Corps' Web site: https://www.spl.usace.army.mil/regulatory/ POLA.htm (scroll down to the links under TraPac Project). In addition, they are available at the following libraries: L.A. Public Library, Central Branch, 630 West 5th Street, Los Angeles, California; L.A. Public Library, San Pedro Branch, 921 South Gaffey Street, San Pedro, California; and L.A. Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California. Any comments received by the Corps on the Addendum and Draft General Conformity Determination during the next 30 days will be considered fully before the Corps makes a Final General Conformity Determination and finalizes the Record of Decision (ROD) for the Federal action associated with the Project. The Corps will publish a notice of a Final General Conformity Determination in the Federal Register within 30 days of rendering a final decision. The public can request from the Corps copies of the ROD, which includes responses to comments on the Final EIS, Addendum, and Draft General Conformity Determination, following publication of a Final General Conformity Determination and upon execution of the ROD.

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), the U.S. Army Corps of Engineers, New England District (Corps) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate a proposed establishment of passenger rail service between Boston and New Bedford/Fall River, MA. The Massachusetts Executive Office of Transportation and Public Works (EOT) has submitted an application for a Department of the Army permit to discharge fill material into waters of the United States (U.S.), ranging in area from less than one acre to approximately eight acres (depending on the alternative selected), including wetlands, incidental to the establishment of the passenger rail service. The EOT has stated that the purpose of their proposed project is to more fully meet the existing and future demand for public transportation between Fall River/New Bedford and Boston, MA, and to enhance regional mobility, while supporting smart growth planning and development strategies in the affected communities. The cities of Taunton, Fall River, and New Bedford are the only cities within 50 miles of Boston that are not currently served by passenger rail. The EIS will also be prepared with the intent to serve as a joint Massachusetts Environmental Policy Act (MEPA) and NEPA document that will comply with the procedural requirements of both state and federal law and serve as a combined EIS/Environmental Impact Report (EIR). The MEPA review will be conducted simultaneously with the NEPA process. The EIS/EIR will evaluate a range of alternative transit routes to determine the Least Environmentally Damaging Practicable Alternative (``LEDPA''), in accordance with the U.S. Environmental Protection Agency Guidelines for Specification of Disposal Sites for Dredged or Fill Material (40 CFR Part 230). Alternative routes presently identified include four principal rail routes: (1) The ``Attleboro Alternative'', (2) the ``Stoughton Alternative'', (3) the ``Middleborough Alternative'', and (4) the ``Attleboro-Middleborough Hybrid Alternative''. A fifth alternative is a Rapid Bus Alternative using modified highway infrastructure. A No Build/Transportation Surface Management alternative will also be evaluated. Public scoping may identify other alternatives for evaluation in the EIS/EIR.

The U.S. Army Corps of Engineers (USACE) and California State Coastal Conservancy (Conservancy), in collaboration with the Long Term Management Strategy for Dredged Material in San Francisco Bay (LTMS) agencies, are proposing the use of an aquatic transfer facility (ATF) to beneficially use dredged material in restoring tidal wetlands at the original Hamilton Wetland Restoration Project site and the Bel Marin Keys Unit V Expansion site (collectively, the HWRP). The USACE is the lead agency for this project under the National Environmental Policy Act (NEPA). The Conservancy is the lead agency for this project under the California Environmental Quality Act (CEQA).

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: November 18, 2008. Location: Chicago Marriott O'Hare, 8535 West Higgins Road, Chicago, Illinois 60631, (773-693-4444 or 800-228-9290). Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at 1 p.m. Agenda: The Board will hear briefings on the status of the funding for inland navigation projects and studies, an assessment of the Inland Waterways Trust Fund, and a preliminary plan for a future business model for inland waterways projects.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, the U.S. Army Corps of Engineers (USACE) and the State of Hawaii Department of Land and Natural Resources (DLNR) gives notice that an Environmental Impact Statement is being prepared for the Ala Wai Canal Project, City and County of Honolulu, HI. This effort is a multi-purpose project being proposed under Section 209 of the Flood Control Act of 1962 (Pub. L. 87-874) and will incorporate both flood hazard reduction and ecosystem restoration components into a single, comprehensive strategy.

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 Integrated Feasibility Report and Environmental Impact Statement (EIS) for the Mid-Chesapeake Bay Island Ecosystem Restoration Project in Dorchester County, on Maryland's Eastern Shore. Approximately 90 to 95 million cubic yards of material, primarily dredged during maintenance of the Chesapeake Bay approach channels to Baltimore Harbor, would be placed behind dikes at James Island. Material placed at Barren Island would be from authorized maintenance dredging of Federal navigation channels in the Honga River. After placement, the material would be shaped and planted to provide 2,144 acres of island habitat at James and Barren Islands as well as protect existing island ecosystem habitat, including critical submerged aquatic vegetation. A Record of Decision may be signed no earlier than 30 days after the EPA Notice of Availability for the Final document.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the San Pedro Waterfront Project, encompassing approximately 400 acres of land and water primarily along the west side of the Main Channel westward to Harbor Boulevard from the Vincent Thomas Bridge southward to Inner Cabrillo Beach in the Port of Los Angeles. The Port of Los Angeles requires authorization pursuant to section 404 of the Clean Water Act, section 10 of the Rivers and Harbors Act, and section 103 of the Marine Protection, Research, and Sanctuaries Act, to implement various regulated activities in and over waters of the U.S. associated with redeveloping San Pedro Waterfront, which would include the following elements:

The U.S. Army Corps of Engineers (Corps) is amending the existing regulations for a restricted area at Blount Island Command, located on Marine Corps Support FacilityBlount Island, Jacksonville, Florida. Blount Island Command is responsible for managing the United States Marine Corps Prepositioning Programs. Due to the importance of this mission, the current restricted area in this section must be extended due to Department of Defense (DoD) directives that require the implementation of specified force protection measures by all DoD components. This amendment to the existing regulation is necessary to protect U.S government personnel, equipment, and facilities from potential terrorist attack by providing stand-off corridors encompassing the waters immediately contiguous to Marine Corps Support FacilityBlount Island.

Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directs the Secretary of the Army to revise the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies (P&G), which the Water Resources Council issued on March 10, 1983. The Army Corps of Engineers (``Corps'') proposes to craft the revision in phases. The first phase would address the basic principles of water resources planning (``Principles'') and the next phase or phases would provide more detailed implementing guidance. This notice includes a copy of the proposed Principles (see SUPPLEMENTARY INFORMATION), which would replace the first two pages of the P&G. The proposed Principles may also be found at: https:// www.usace.army.mil/cw/hot_topics/ht_2008/pandg_rev.htm.

The South Folsom Property Owners Group proposes to implement a large-scale, mixed-use, mixed-density master planned community with residential, commercial, office, public/quasi-public uses, open space, and parks. The proposed project consists of approximately 1,464 acres of residential development, 523 acres of mixed-use and commercial development, 109 acres of parks, and 1,053 acres of open space. The majority of the 1,053 acres of open space would be located in the western portion of the project site. This area includes Alder Creek, numerous cultural resources sites, and the highest concentration of oak woodland habitat within the project site. The proposed Folsom South of 50 Specific Plan includes development of up to 10,045 mixed-density residential homes and approximately 7.4 million square feet of retail and office uses within an area south of Highway 50 that would be annexed to the City of Folsom. The proposed project would provide five elementary schools, one joint middle school/ high school, and a campus for the Sacramento County Day School. It is anticipated that construction would begin in 2010. The initiation and duration of construction would depend on market conditions and receipt of environmental permits and clearances; full build-out would likely be completed within 20 years from construction commencement. The project site is approximately 3,502 acres and contains 82.89 acres of waters of the United States. The proposed project would directly affect approximately 21.28 acres of waters of the United States, including vernal pools and other wetlands. These acreages do not include indirect impacts from the proposed action or impacts anticipated to result from off-site infrastructure that may be determined to be required as part of the U.S. Army Corps of Engineers' (USACE) Environmental Impact Statement (EIS) process. The EIS will be prepared as a joint document with the City of Folsom. The City is the local agency responsible for preparing an Environmental Impact Report in compliance with the California Environmental Quality Act (CEQA).