Engineers Corps – Federal Register Recent Federal Regulation Documents

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.

The U.S. Army Corps of Engineers, Los Angeles District (Corps) in coordination with the Port of Long Beach has completed a Draft Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the Middle Harbor Redevelopment project in the Port of Long Beach. The Corps is considering an application for Section 404 and Section 10 permits to conduct dredge and fill activities associated with the proposed consolidation of Piers D, E and F into a single 345-acre marine terminal with a 4,250-foot-long wharf at build-out. This would include redevelopment of 294 acres of existing land, creation of 10.7 acres of new open water and the placement of dredged material in 65.3 acres open water for a net gain of approximately 54.6 acres of new land in the consolidated terminal. The new terminal, which would be constructed over a 10-year time period, is intended to accommodate increasing cargo volumes being produced by the new generation of larger container vessels, and would include four deep-water berths, a container terminal yard, and an intermodal rail yard.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed and is re-circulating the Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 97-109 [China Shipping] Container Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act to construct new wharves at Berths 100 and 102; dredge (41,000 cubic yards [yd3] of sediments) and dispose of that material at the upland Port Anchorage Road Disposal Site; develop backlands, including construction of terminal buildings, on 142 acres; install 10 new A-frame cranes at Berths 100 and 102; construct transportation infrastructure improvements in the vicinity of the existing terminal entrance (shared by the Berths 97-109 terminal and the Berths 121-131 terminal); construct two new bridge structures connecting Berths 97-109 terminal and Berths 121-131 terminal across the Southwest Slip; and relocate the Catalina Terminal to south of the Vincent Thomas Bridge at Berth 95.

The Vicksburg District Corps of Engineers, in conjunction with the Bossier Levee District, the non-Federal sponsor, are undertaking studies to investigate possible solutions to improve the flood risk management capability of Bayou Bodcau Dam, Bossier Parish, LA.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Sacramento District published a notice in the Federal Register on December 8, 2006 (71 FR 71142-71143), informing the public of the availability of the Draft Environmental Impact Statement (DEIS) for the Rio del Oro Specific Plan Project. USACE, Sacramento District has prepared a Supplemental Draft Environmental Impact Statement (SDEIS) in response to new information. It is now available for review and comment. The SDEIS provides new information and additional analyses related to utilities and service systems (specifically, water supply) and biological resources. Like the 2006 DEIS, the SDEIS analyzes the potential effects of implementing each of five alternative scenarios for a mixed-use development in the approximately 3,828-acre Rio del Oro Specific Plan area, in the City of Rancho Cordova, Sacramento County, CA. The alternatives considered in detail in the SDEIS are: (1) Proposed Project/Proposed Action (i.e., Proposed Project Alternative), the Applicants' Preferred Alternative; (2) High Density (Increased Densities Consistent with Sacramento Area Council of Governments Blueprint); (3) Impact Minimization; (4) No Federal Action (No Section 404 of the Clean Water Act Permit); and (5) No Project/No Action (No development).

The Corps of Engineers is proposing to amend its regulations to establish a restricted area in the Menominee River, at the Marinette Marine Corporation Shipyard, Marinette, Wisconsin, to provide adequate protection for the Littoral Combat Ship (LCS Freedom 1) during its construction. The regulations are necessary to provide adequate protection of the ship, its materials, equipment to be installed therein, and its crew, while it is located at the property of Marinette Marine Corporation.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (as amended), the U.S. Army Corps of Engineers, Los Angeles District (Corps) Regulatory Branch, in coordination with the San Diego County Water Authority (Water Authority), has completed a Final Environmental Impact Report/ Environmental Impact Statement (EIR/EIS) for the Carryover Storage and San Vicente Dam Raise Project (CSP). Four alternatives were co-equally analyzed in the EIR/EIS, including Alternative 1 (100,000 acre-feet of carryover storage at San Vicente), Alternative 2 (100,000 acre-feet of carryover storage at Moosa Canyon), Alternative 3 (50,000 acre-feet of carryover storage at San Vicente and 50,000 acre-feet of carryover storage at Moosa Canyon) and the No Action Alternative, as required by NEPA. As the project proponent and applicant, the Water Authority selected Alternative 1 as its preferred alternative. The proposed CSP requires authorization pursuant to section 404 of the Clean Water Act for approximately 0.34 acre of fill placement in jurisdictional waters of the United States, including wetlands, to construct an expansion of the existing San Vicente Dam to store approximately 100,000 acre-feet of carryover storage water.

The U.S. Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) are issuing regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The regulations establish performance standards and criteria for the use of permittee-responsible compensatory mitigation, mitigation banks, and in-lieu programs to improve the quality and success of compensatory mitigation projects for activities authorized by Department of the Army permits. This rule improves the planning, implementation and management of compensatory mitigation projects by emphasizing a watershed approach in selecting compensatory mitigation project locations, requiring measurable, enforceable ecological performance standards and regular monitoring for all types of compensation and specifying the components of a complete compensatory mitigation plan, including assurances of long-term protection of compensation sites, financial assurances, and identification of the parties responsible for specific project tasks. This rule applies equivalent standards to permittee-responsible compensatory mitigation, mitigation banks and in-lieu fee mitigation to the maximum extent practicable. Since a mitigation bank must have an approved mitigation plan and other assurances in place before any of its credits can be used to offset permitted impacts, this rule establishes a preference for the use of mitigation bank credits, which reduces some of the risks and uncertainties associated with compensatory mitigation. This rule also significantly revises the requirements for in-lieu fee programs to address concerns regarding their past performance and equivalency with the standards for mitigation banks and permittee-responsible compensatory mitigation.

The University of California, Merced (University) and University Community Land Company (UCLC) LLC have submitted an application to the U.S. Army Corps of Engineers (Corps) under the Clean Water Act Section 404 and River and Harbor Act Section 10 for a proposal to construct an approximately 810-acre campus and an associated University Community in Merced County. The Proposed Action is located in eastern Merced County, east of Lake Road and Yosemite Lake, approximately 2 miles northeast of the City of Merced, California. The Proposed Action consists of three major components: the 810- acre Campus; the 870-acre Community North; and the 1,245-acre Community South. The University controls the land that comprises the campus. University Community Land Company, LLC (UCLC), a not-for-profit corporation, owns the land that comprises Community North. LWH Farms, LLC owns the land that comprises Community South. The University is currently preparing an amendment to its Long Range Development Plan to guide the development of the proposed campus. The proposed campus and Community North would consist of the following five districts: Academic Core; Gateway District; Student Neighborhoods; University Community Town Center; and University Community Neighborhoods. Community South would be developed in accordance with the previously adopted University Community Plan, which designates the Community South area for Multiple Use Urban Development and agricultural uses. The Campus and the northern portion of the University Community would affect 76.6 acres of the waters of the United States, including vernal pools and other wetlands. The primary federal involvement is the fill materials within waters of the United States, work and structures in affecting navigable waters of the United States, and potential impacts on the human environment from such activities.

The study area comprises Washington Parish in southeast Louisiana. Washington Parish currently consumes approximately 40 million gallons of water daily, 70 percent of which is supplied by groundwater. Decreasing groundwater levels (quantity) and groundwater quality, in combination with forecasted growth within the Parish require alternative water supplies to be developed. The purpose of the project is to identify a new water supply to address the current and future potable water demands of Washington Parish. The Local Project Sponsor is the Washington Parish Reservoir Commission.

The purpose of the study is to evaluate approximately a 16- mile reach of the Santa Ana River along the southern boundary of the City of San Bernardino and the northern boundary of the City of Redlands located in San Bernardino County, CA. The focus will be on watershed improvements by developing alternatives for ecosystem restoration, and incorporating flood risk management features in some areas in downtown San Bernardino and Redlands. The restoration project will concentrate on revitalization of the riparian vegetation community; establish environmental corridor to benefit wildlife and sensitive species; and address flood risk management uses. The portion of the Santa Ana River to be studied is located entirely within San Bernardino County, CA.

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: Coastal Engineering Research Board (CERB). Date of Meeting: April 2, 2008. Place: Marriott New Orleans Metairie at Lakeway, 3838 N. Causeway Boulevard, Metairie, LA 70002. Time: 8 a.m. to 3:30 p.m.

The action being taken is the preparation of an environmental impact statement (EIS) for the American River Common Features General Reevaluation Report (GRR). The Common Features Project GRR will re- evaluate the currently authorized plan as well as develop and evaluate other viable alternatives, including a locally-preferred plan, with the goal of identifying a comprehensive plan that will lower the risk of flooding in and around the City of Sacramento. The Common Features Project GRR is located in Sacramento, Sutter and Yolo Counties, CA.

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: March 27, 2008. Location: Baton Rouge Marriott Hotel, 5500 Hilton Avenue, Baton Rouge, Louisiana 70808, (225-924-5000). Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at 1 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, and be provided updates of various inland waterways projects.

The U.S. Army Corps of Engineers (Corps) Jacksonville District intends to prepare a Draft Environmental Impact Statement (DEIS), referred to as the Tarmac King Road Limestone Mine DEIS, to evaluate potential impacts of rock mining within wetlands in southern Levy County, FL.

The action being taken is the preparation of an environmental impact statement (EIS) for the issuance of both the 408 permission and 404 permit to SAFCA for their work on the Natomas Levee Improvement Project (NLIP). The 408 is permission to alter existing flood control structures and the 404 permit is required for the discharge of dredged or fill material into the waters of U.S. under the Clean Water Act. The NLIP is located in Sacramento and Sutter Counties, California. SAFCA is requesting this permission and permit in order to complete construction along the Natomas Cross Canal and on the landside of the east levee of the Sacramento River.