Department of the Army, Corps of Engineers – Federal Register Recent Federal Regulation Documents
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Guidance To Establish Policies for the Agency Levee Safety Program Entitled Engineer Circular 1165-2-218
In the February 25, 2020 issue of the Federal Register, the U.S. Army Corps of Engineers (USACE) issued a notice announcing the availability of its draft agency guidance entitled, Engineer Circular 1165-2-218: U.S. Army Corps of Engineers Levee Safety Program, for comment. In that notice, USACE stated that written comments must be submitted on or before April 27, 2020. It was the intent of USACE to host five in-person public sessions to provide additional opportunities to exchange information related to the draft Engineer Circular prior to the conclusion of the open comment period. Due to ongoing concerns related to coronavirus disease 2019 (COVID-19), USACE has postponed the in-person public sessions until such a time they can be safely rescheduled or an alternative plan for virtual information exchange can be implemented. USACE recognizes that feedback from the public and our partners is key to the success of the USACE Levee Safety Program, and provides opportunity to build trusting and transparent relationships. As a result, USACE is extending the public comment period on the draft Engineer Circular until July 27, 2020. The draft Engineer Circular is available for review on the USACE Levee Safety Program website (https:/ /www.usace.army.mil/Missions/Civil-Works/Levee-Safety-Program /) and at (http://www.regulations.gov) reference docket number COE-2020-0003.
Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply; Withdrawal
As a result of a policy determination by the Assistant Secretary of the Army (Civil Works), the U.S. Army Corps of Engineers (Corps) is withdrawing the proposed rule titled ``Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply,'' which was published on December 16, 2016.
Guidance To Establish Policies for the Agency Levee Safety Program Entitled Engineer Circular 1165-2-218
The U.S. Army Corps of Engineers (USACE) has developed draft agency guidance, entitled Engineer Circular 1165-2-218, to consolidate and formalize policies and procedures for its Levee Safety Program. The intent of the Levee Safety Program is to understand, monitor, and manage flood risk associated with levees over time, provide a framework to sustain long term benefits, and adapt activities and actions based on the dynamic nature of flood risk. USACE is seeking feedback from non-federal levee sponsors, interested associations, Tribes, other federal agencies, and any other interested individuals on this proposed draft guidance document. This notice announces the availability of the draft Engineer Circular for comment. The comment period on the draft document starts with the publication of this notice in the Federal Register and will last for 60 days. The draft Engineer Circular is available for review on the USACE Levee Safety Program website (https:/ /www.usace.army.mil/Missions/Civil-Works/Levee-Safety-Program /) and at (http://www.regulations.gov) reference docket number COE-2020-0003.
Table Rock Lake Oversight Committee Meetings Notice
The Department of Defense (DoD) published a notice that announced the second meeting of the Table Rock Lake Oversight Committee, which was to take place on Thursday, January 23, 2020 from 8:00 a.m. to 5:00 p.m., had been cancelled and would be re-scheduled at a later date, along with meetings three and four. DoD is publishing this notice to announce the revised schedule for Meetings 2, 3, and 4 of the Federal advisory committee meetings of the Table Rock Lake Oversight Committee (TRLOC). The meetings are open to the public. Public comments are requested.
Table Rock Lake Oversight Committee; Notice of Federal Advisory Committee Meeting; Cancellation AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
On November 21, 2019, the Department of Defense (DoD) published a notice that announced the second meeting of the Table Rock Lake Oversight Committee, which was to take place on Thursday, January 23, 2020 from 8:00 a.m. to 5:00 p.m. DoD is publishing this notice to announce that this federal advisory committee meeting has been cancelled and will be re-scheduled at a later date, along with meetings three and four.
Board on Coastal Engineering Research
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Board on Coastal Engineering Research. This meeting is open to the public.
Inland Waterways Users Board Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's website at http:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Notice of Intent To Prepare a Tiered Environmental Impact Statement for the New York New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study
Pursuant to the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New York District (Corps) is preparing an integrated Feasibility Report/Tiered Environmental Impact Statement (EIS) for the proposed New York and New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study (NYNJHAT). The study is assessing the feasibility of coastal storm risk management alternatives to be implemented within the authorized study area with a specific emphasis on the New York and New Jersey Harbor, including Raritan Bay, the tidally affected stretches of the Passaic and Hackensack Rivers, and the Hudson River to Troy, New York.
Intent To Prepare a Draft Feasibility Report and Environmental Impact Statement for the Buffalo Bayou and Tributaries, Texas Resiliency Study
Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, the U.S. Army Corps of Engineers, Galveston District (USACE) intends to prepare an Environmental Impact Statement (EIS) for the Buffalo Bayou and Tributaries, Texas Resiliency Study (BBTRS). The study will identify and evaluate the feasibility of reducing flood risks on Buffalo Bayou in Harris and Fort Bend Counties, Texas. The study will also complete a Dam Safety Modification Study (DSMS) on the Addicks and Barker Dams. This notice announces USACE's intent to determine the scope of the issues to be addressed and identify the significant issues related to a proposed action.
Notice of Intent To Prepare a Tiered Environmental Impact Statement for the New Jersey Back Bays Coastal Storm Risk Management Feasibility Study
Pursuant to the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Philadelphia District (Corps) is preparing an integrated Feasibility Report/Tiered Environmental Impact Statement (EIS) for the proposed New Jersey Back Bays (NJBB) Coastal Storm Risk Management (CSRM) Feasibility Study. The study is assessing the feasibility of coastal storm risk management alternatives to be implemented within the authorized study area with a specific emphasis on the back bay areas along the New Jersey Atlantic Coast extending from Cape May Inlet to Shark River Inlet including the NJ Coastal Lakes Area.
Occupational Safety and Health Programs for Federal Employees
The U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual (EM 385-1-1) is the gold standard for Safety and Occupational Health regulations. The manual holds a long history dating back to 1941 and is designed to facilitate the standardization of all safety programs. The EM 385-1-1 prescribes the safety and health requirements for all Corps of Engineers activities and operations. The USACE is soliciting comments on the proposed revisions to EM 385-1-1.
James River, Skiffes Creek, and Warwick River Surrounding Joint Base Langley-Eustis (JBLE-Eustis), Virginia; Restricted Areas and Danger Zones
The Corps of Engineers is establishing restricted areas and danger zones in the waters of the James River, Skiffes Creek and Warwick River in Newport News, Virginia. JBLE-Eustis contains a military port, berthing numerous Army vessels, and conducts exercises to include small craft testing and live fire training activities. The amendment is necessary to protect the public from hazards associated with training and mission operations, and to protect government assets, missions, and the base population in general. The amendment increases the restricted areas and creates danger zones surrounding the existing installation and firing ranges.
Restricted Area, Curtis Creek and Arundel Cove, United States Coast Guard Yard, Baltimore, Maryland
The U.S. Army Corps of Engineers (Corps) is amending its regulations to establish a restricted area in the waters of Curtis Creek and Arundel Cove extending offshore from the United States Coast Guard Yard, Baltimore, located in Baltimore, Maryland. The restricted area is necessary to address the current security and safety needs at U.S. Coast Guard Yard (CG Yard), Baltimore, Maryland, including the protection of Coast Guard-wide military assets as the CG Yard is the Coast Guard's only shipyard and largest industrial facility; performing major ship, electronics and heavy weapons overhaul, repair and manufacture. The CG Yard is also the host command for various Coast Guard commands supporting local and nationwide Coast Guard missions.
Table Rock Lake Oversight Committee Meetings Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meetings of the Table Rock Lake Oversight Committee (TRLOC). The meetings are open to the public. Public comments are requested.
Florida Keys Coastal Storm Risk Management Study
In accordance with all applicable laws and regulations, the U.S. Army Corps of Engineers (USACE) plans to prepare a Feasibility Study with an integrated Environmental Impact Statement (EIS) to evaluate environmental impacts from reasonable project alternatives to protect nearshore areas of Monroe County, Florida, from hurricanes and other storms with their associated wind, storm surge, and coastal flooding.
Definition of “Waters of the United States”-Recodification of Pre-Existing Rules
The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are publishing a final rule to repeal the 2015 Clean Water Rule: Definition of ``Waters of the United States'' (``2015 Rule''), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. The agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice. The agencies are repealing the 2015 Rule for four primary reasons. First, the agencies conclude that the 2015 Rule did not implement the legal limits on the scope of the agencies' authority under the Clean Water Act (CWA) as intended by Congress and reflected in Supreme Court cases, including Justice Kennedy's articulation of the significant nexus test in Rapanos. Second, the agencies conclude that in promulgating the 2015 Rule the agencies failed to adequately consider and accord due weight to the policy of the Congress in CWA section 101(b) to ``recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution'' and ``to plan the development and use . . . of land and water resources.'' 33 U.S.C. 1251(b). Third, the agencies repeal the 2015 Rule to avoid interpretations of the CWA that push the envelope of their constitutional and statutory authority absent a clear statement from Congress authorizing the encroachment of federal jurisdiction over traditional State land-use planning authority. Lastly, the agencies conclude that the 2015 Rule's distance-based limitations suffered from certain procedural errors and a lack of adequate record support. The agencies find that these reasons, collectively and individually, warrant repealing the 2015 Rule. With this final rule, the regulations defining the scope of federal CWA jurisdiction will be those portions of the CFR as they existed before the amendments promulgated in the 2015 Rule.
Notice of Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Wilmington Harbor Navigation Improvement Project Integrated Feasibility Study and Environmental Report, New Hanover and Brunswick Counties, NC
The North Carolina State Ports Authority (NCSPA) has prepared a feasibility study and draft environmental report pursuant to Section 203 of Water Resources Development Act of 1986 (WRDA) that evaluates potential improvements to the Wilmington Harbor federal navigation channel in New Hanover and Brunswick Counties, North Carolina. On June 26th, 2019, the NCSPA submitted the study to the Assistant Secretary of the Army for Civil Works [ASA(CW)] for purposes of review and determining whether the study, and the process under which the study was developed, complies with Federal laws and regulations applicable to feasibility studies for potential water resources development projects. This notice advises the public that the U.S. Army Corps of Engineers (USACE), Wilmington District (Corps), at the direction of the ASA(CW), intends to prepare a Draft Environmental Impact Statement (DEIS) to support the ASA(CW) review of the NCSPA study. The Wilmington Harbor Navigation Improvement Project (WHNIP) DEIS is being prepared in accordance with the requirements of the National Environmental Policy Act (NEPA) of 1969, as amended.
Washington Channel, Fort McNair, Washington, DC; Restricted Area
On August 8, 2019, the U.S. Army Corps of Engineers (the Corps) published a proposed rule to establish a permanent restricted area in the Washington Channel adjacent to Fort McNair in Washington, DC. The comment period ended on September 9, 2019, and we received requests to extend the comment period. As it closed prior to the publication of this document, we are reopening the comment period. Comments previously submitted do not need to be resubmitted, as they have already been incorporated into the administrative record and will be fully considered in the Corps' decision making process for this rulemaking action.
Availability of the Draft Finding of No Significant Impact and Draft Memorandum of Agreement for the Arlington National Cemetery Southern Expansion Project and Associated Roadway Realignment for the Final Environmental Assessment, Arlington, VA
The U.S. Army Corps of Engineers (USACE) Norfolk District, on behalf of the Arlington National Cemetery (ANC), announces the availability of a Draft Finding of No Significant Impact (FONSI) for the Arlington National Cemetery Southern Expansion Project and Associated Roadway Realignment Project. The Final Environmental Assessment (EA) evaluated potential impacts resulting from the proposed cemetery's contiguous acreage, by utilizing the former Navy Annex site, located south of the existing cemetery, and relocating roadways and modifying an interchange, in Arlington, Virginia. The EA also described the potential adverse effects on cultural resources related to the integration of the Air Force Memorial into the cemetery as part of the expansion, the conversion of Patton Drive to a pedestrian trail, and the demolition of a portion of the boundary wall. ANC and key stakeholdersthe Federal Highway Administration, Eastern Federal Lands Highway Division, the Virginia Department of Transportation, and Arlington County developed a roadway realignment and relocation that creates an opportunity to address multimodal capacity along Columbia Pike while enabling the cemetery to maximize land available for internment capacity, as provided through Congressional legislation.
Inland Waterways Users Board Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's website at http:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Intent To Prepare a Draft Integrated Feasibility Report-Environmental Impact Statement for the Memphis Metropolitan Stormwater Management Project: North DeSoto County, Mississippi Feasibility Study
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Memphis District, as the lead agency intends to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) for the Memphis Metropolitan Stormwater Management Project: North DeSoto County, Mississippi Feasibility Study. The DIFR-EIS seeks to evaluate the effectiveness of existing Federal and non-Federal improvements; to determine the need for additional improvements to reduce the risk of flooding from storm water, restore environmental resources, and improve the quality of water entering the Mississippi River and its tributaries; and to determine if such improvements are technically feasible, environmentally acceptable, and economically justified.
Washington Channel, Fort McNair, Washington, DC; Restricted Area
The Corps of Engineers is proposing to establish a permanent restricted area in the Washington Channel adjacent to Ft. McNair. Ft. McNair is the headquarters of the Army's Military District of Washington and home of the National Defense University as well as the official residence of the U.S. Army's Vice Chief of Staff. Ft. McNair requests the restricted area to fulfill Joint Base Myer-Henderson Hall (JBM-HH) security needs including HMX missions and security needs at Ft. McNair including protection of VIP quarters. The restricted area is also needed to protect public health by preventing vessels from disturbing a planned environmental remediation area located near the Fort.
Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas
The Corps of Engineers is establishing restricted areas in the waters of Fisherman's Cove and Little Creek Harbor at Joint Expeditionary Base Little Creek-Fort Story, Little Creek (JEBLCFS) in Virginia Beach, Virginia. JEBLCFS is the homeport of numerous ships, small boats, and special operational units. The restricted areas are necessary to better protect vessels and personnel assigned to JEBLCFS by implementing a waterside security program. The regulation establishes the restricted areas in waters within the boundary of the existing installation and in the entry channel into the harbor.
Proposed Reduction in Hours of Operation at Lock and Dam 1, Located in Minneapolis, MN
The St. Paul District is proposing to reduce the hours of operation at Lock and Dam 1 from 10 hours per day, 7 days per week to 10 hours per day on weekends and holidays and 6 hours per day on Mondays and Fridays. Commercial lockages would be available by appointment only with 24 hours' notice Tuesday through Thursday during normal duty hours of 0700-1530. Proposed hours of operation are 1200- 1800 Fridays and Mondays, and 0800-1800 Saturdays, Sundays and holidays. Hours of operation at Lower St. Anthony Falls will not change. This change will help achieve the goal of providing consistent levels of operating service for all locks across the Inland Marine Transportation System (IMTS) with a consistent approach, optimizing Operations and Maintenance expenditures for these assets and extending the service life of navigation locks by optimizing usage. The navigation season on the Upper Mississippi normally begins in March and ends in December, but varies based on river conditions. Pool levels will not be affected by this change of operating hours.
Board on Coastal Engineering Research
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Board on Coastal Engineering Research. This meeting is open to the public.
Termination of Intent To Prepare a Draft Environmental Impact Statement for the Potential Multipurpose Projects for Ecosystem Restoration, Flood Risk Management, and Recreation Development Within and Along Johnson Creek, Arlington, Tarrant County, Texas
The U.S. Army Corps of Engineers (USACE), Fort Worth District, is issuing this notice to advise Federal, state, and local governmental agencies and the public that USACE is withdrawing its Notice of Intent (NOI) to prepare a Draft Environmental Impact Statement (EIS) for the Potential Multipurpose Projects for Ecosystem Restoration, Flood Risk Management, and Recreation Development Within and Along Johnson Creek, in Arlington, Tarrant County, Texas. The City of Arlington, the local cost share sponsor, requested that all work associated with the EIS be terminated and that they no longer wish to pursue the Johnson Creek: A Vision of Conservation Plan.
Notice of Availability of a Draft Environmental Impact Statement in Cooperation With the North Carolina Department of Transportation for Improvements to the US 70 Corridor Between the Town of LaGrange, Lenoir County and the Town of Dover, Jones County, NC. Depending on the Alternative Selected, the Proposed Project May Serve as a Bypass to the Town of Kinston
The U.S. Army Corps of Engineers (COE), Wilmington District Regulatory Division and the North Carolina Department of Transportation (NCDOT), acting together as the joint lead agencies, are issuing this notice to advise the public that a State of North Carolina funded Draft Environmental Impact Statement (DEIS) has been prepared describing proposed improvements to the transportation system starting near the intersection of US 70 and NC 903 near the Town of LaGrange, Lenoir County, heading east near the intersection of US 70 and Old US 70 (NCSR-1005) near the Town of Dover, Jones County, NC.
Intent To Prepare a Draft NEPA Document for the Upper St. Anthony Falls Lock and Dam Disposition Study, Hennepin County, Minnesota
The St. Paul District, Army Corps of Engineers (Corps) is conducting a study regarding the disposition of the Upper St. Anthony Falls Lock and Dam (USAF) located at river mile 853.9 on the Upper Mississippi River, in Hennepin County, Minnesota. The study will include an environmental assessment and consider modifications that could improve the overall quality of the environment in the public interest, including removal of federally-owned facilities. The study will evaluate three types of alternatives: (1) No action; (2) de- authorization and disposal of all federally-owned and operated facilities; and (3) partial de-authorization and disposal of features or separable elements not required for flood mitigation operations. The study will also explore opportunities to improve the overall quality and health of the environment and/or enhance recreation. It is anticipated that a preliminary draft report of the integrated Disposition Study and Environmental Assessment (EA) will be available for a minimum 30-day public comment period in the Spring of 2020. The St. Paul District of the Army Corps of Engineers is soliciting public comments on the scope of the proposed study and significant issues that should be analyzed in the EA.
Collier County Hurricane and Storm Damage Reduction Feasibility Study
In accordance with all applicable laws and regulations, the U.S. Army Corps of Engineers (USACE) plans to prepare a Feasibility Study with an integrated Environmental Impact Statement (EIS) to evaluate environmental impacts from reasonable project alternatives to protect nearshore areas of Collier County, Florida, from hurricanes and other storms with their associated wind, storm surge, and coastal flooding.
Miami-Dade Back Bay Coastal Storm Risk Management Feasibility Study
In accordance with all applicable laws and regulations, the U.S. Army Corps of Engineers (USACE) plans to prepare a Feasibility Study with an integrated Environmental Impact Statement (EIS) to evaluate environmental impacts from reasonable project alternatives to protect low-lying and flood-prone areas of Miami-Dade County, Florida, from hurricanes and other coastal storms with their associated wind, storm surge, and coastal flooding.
Atlantic Ocean South of Entrance to Chesapeake Bay; Firing Range
The Corps of Engineers is amending an existing permanent danger zone in the waters of the Atlantic Ocean south of the entrance to the Chesapeake Bay off of the coast of Virginia. For decades, the Dam Neck Surface Danger Zone (SDZ) served as a firing range for gunnery training at what is now Naval Air Station Oceana's Dam Neck Annex. While the Navy continues to use the SDZ for training, fixed-mount gunnery operations have not been conducted there for over 30 years. This amendment is necessary to accurately identify the hazards associated with training and mission operations to protect the public. This amendment identifies the area within the current danger zone boundary where live fire exercises are no longer conducted and no restriction to surface navigation exists. In addition, the amendment removes references to live fire range conditions and safety procedures since shore-to-sea gunnery operations are no longer conducted.
Meeting of the Chief of Engineers Environmental Advisory Board
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Chief of Engineers, Environmental Advisory Board (EAB). This meeting is open to the public. For additional information about the EAB, please visit the committee's website at http://www.usace.army.mil/Missions/ Environmental/EnvironmentalAdvisoryBoard.aspx.
Intent To Prepare a Draft Environmental Impact Statement for a Proposed: High Voltage Electrical Transmission Line and Its Associated Infrastructure, Known as Surry-Skiffes Creek-Whealton Aerial Transmission Line “Project”
The U.S. Army Corps of Engineers (Corps) will prepare an Environmental Impact Statement (EIS) to evaluate project alternatives and the public interest review factors for the Project which includes 17 in-stream transmission towers and fender protection systems to support a 500kiloVolt (kV) aerial transmission line over navigable waters and placement of 27 transmission towers in non-tidal wetlands. The Project begins in Surry County near Surry Nuclear Power Plant, crosses the James River towards Skiffes Creek in James City County, and continues through Newport News, York County, and Hampton to an existing substation in Whealton. In total, the Project permanently impacts 2712 square feet (0.06 acres) of subaqueous river bottom and 281 square feet (0.006 acres) of non-tidal wetlands, and converts 0.67 acres of palustrine forested non-tidal wetlands to palustrine scrub shrub non- tidal wetlands. The Project is located within the Lower James River and Lynnhaven-Poquoson watersheds; specifically the James River, Skiffes Creek, Lee-Hall Reservoir, Harwood's Mill Reservoir, Woods Creek, Jones Run, Brick Kiln Creek, Newmarket Creek and Whiteman Swamp. Hydrologic Unit Codes 02080206 & 02080108.
National Wetland Plant List
The National Wetland Plant List (NWPL) is used to delineate wetlands for purposes of the Clean Water Act and the Wetland Conservation Provisions of the Food Security Act. Other applications of the list include wetland restoration, establishment, and enhancement projects. To update the NWPL, the U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS), is announcing the availability of the draft 2018 National Wetland Plant List (NWPL) and its web address to solicit public comments. The public will now have the opportunity to comment on the proposed update or addition of wetland indicator status ratings for 20 plant species in select Corps wetland regions.
Environmental Impact Statement Withdrawal and Notice of Intent of an Environmental Assessment for the New York and New Jersey Harbor Anchorages General Reevaluation Report
In accordance with the National Environmental Policy Act (NEPA), on November 1, 2018, the Norfolk District, U.S. Army Corps of Engineers (Corps) initiated the Environmental Impact Statement (EIS) process to identify and analyze potential impacts associated with risk management measures as a part of the Federal feasibility study for the New York and New Jersey Harbor Anchorages. Currently, the Corps has identified a Tentatively Selected Plan (TSP) that includes a modification of a single anchorage within Gravesend Bay, expanding it to 3,600 feet and 50 feet in depth, to improve the safety and efficiency of port operations. Preliminary analysis of the TSP indicates no significant impacts are expected, therefore the Corps is terminating the EIS process and is withdrawing the Notice of Intent published in the Thursday, November 1, 2018 issue of the Federal Register. Instead, an Environmental Assessment (EA) will be prepared. It is anticipated that a draft of the integrated General Reevaluation Report and Environmental Assessment (GRR/EA) will be available for a 30-day public comment period beginning later in 2019.
Civil Monetary Penalty Inflation Adjustment Rule
The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties (CMP) under the Clean Water Act (CWA) and the National Fishing Enhancement Act to account for inflation.
Intent To Prepare a Supplemental Draft Environmental Impact Statement for the Nebraska Highway 12 (N-12) Niobrara East and West Project
The U.S. Army Corps of Engineers (Corps) is preparing a Supplemental Draft Environmental Impact Statement (SDEIS) to analyze the direct, indirect, and cumulative effects of a proposed transportation project, the Niobrara East and West Project. Construction of the proposed Project is expected to result in temporary and permanent impacts to jurisdictional waters of the United States, thereby requiring a Clean Water Act section 404 permit proposed by the Nebraska Department of Transportation (NDOT). NDOT proposes to rehabilitate two segments of N-12 east and west of Niobrara, between Verdel and Santee Spur 54-D (S-54D) in Knox County, Nebraska. A Draft EIS for this project was released on October 9, 2015. A public open house and hearing was held on November 9, 2015. After the public comment period ended, NDOT elected to withdraw its Section 404 permit application on November 20, 2015. Since that time, NDOT has developed a modified project purpose and need, and alternatives responsive to this purpose and need.
Proposals by Non-Federal Interests, for Feasibility Studies and for Modifications to an Authorized Water Resources Development Project or Feasibility Study, for Inclusion in the Annual Report to Congress on Future Water Resources Development
Section 7001 of Water Resources Reform and Development Act (WRRDA) 2014, as amended, requires that the Secretary of the Army annually submit to the Congress a report (Annual Report) that identifies feasibility reports, proposed feasibility studies submitted by non-Federal interests, proposed modifications to authorized water resources development projects or feasibility studies, and proposed modifications to environmental infrastructure program authorities that meet certain criteria. The Annual Report is to be based, in part, upon requests for proposals submitted by non-Federal interests.
Inland Waterways Users Board Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's website at http:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Notice of Intent To Prepare an Environmental Impact Statement for the Willamette Valley System Operations and Maintenance; Correction
The Department of the Army, Corps of Engineers published a document in the Federal Register of April 1, 2019, concerning the Portland District, U.S. Army Corps of Engineers intending to prepare an Environmental Impact Statement to address the continued operations and maintenance of the Willamette Valley System. The document contained an incorrect website address.
Intent To Prepare a Draft Environmental Impact Statement for the Upper Baritaria Basin, LA Study
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New Orleans District (USACE) intends to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) to assess the potential social, economic, and environmental impacts associated with the proposed project titled, Upper Barataria Basin Coastal Feasibility Study. The DIFR-EIS will document the existing condition of environmental resources in and around areas considered for construction, and potential impacts on those resources as a result of implementing the alternatives.
Notice of Intent To Prepare a Draft Environmental Impact Statement for the South Central Coast Louisiana Flood Risk Management Feasibility Study
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), New Orleans District intends to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) for the Draft Environmental Impact Statement (DEIS) to assess the potential social, economic, and environmental impacts associated with the proposed project titled, South Central Coast Louisiana Flood Risk Management Feasibility Study. The DIFR-EIS documents the existing condition of environmental resources in and around areas considered for development, and potential impacts on those resources as a result of implementing the alternatives.
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Lake Pontchartrain and Vicinity General Re-Evaluation Report, Louisiana
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New Orleans District (USACE) intends to prepare a Draft Integrated General Re-evaluation Report and Environmental Impact Statement (DGRR-EIS) for the Lake Pontchartrain and Vicinity Coastal Storm Risk Management Project. The study seeks to determine if the work necessary to sustain the 1% level of hurricane storm damage risk reduction is technically feasible, environmentally acceptable, and economically justified.
Intent To Prepare a Draft Environmental Impact Statement for the Amite River and Tributaries-East of the Mississippi River, Louisiana, Flood Risk Management Feasibility Study
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New Orleans District (USACE) intends to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) to assess the potential social, economic, and environmental impacts associated with the proposed project titled, ``Amite River and TributariesEast of the Mississippi River, Louisiana, Flood Risk Management Feasibility Study.'' The DIFR-EIS will document the existing conditions of environmental resources in and around areas considered for construction, and potential impacts on those resources as a result of implementing the alternatives.
Notice of Intent To Prepare a Draft Environmental Impact Statement for the West Bank and Vicinity General Re-evaluation Report, Louisiana
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New Orleans District (USACE) intends to prepare a Draft Integrated General Re-evaluation Report and Environmental Impact Statement (DGRR-EIS) for the West Bank and Vicinity Coastal Storm Risk Management Project. The study seeks to determine if the work necessary to sustain the 1% level of hurricane storm damage risk reduction is technically feasible, environmentally acceptable, and economically justified.
Notice of Intent/NEPA Scoping Meeting and Public Comment Period for the Grand River Habitat Restoration and Invasive Species Control Project, Grand Rapids, Michigan
Pursuant to the requirements of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality Regulations, the U.S. Army Corps of Engineers (USACE) Detroit District, announces its intent to conduct public scoping and solicit public comments to gather information to prepare a draft Environmental Impact Statement (EIS) on behalf of the Great Lakes Fishery Commission (GLFC) related to the proposed Grand River Habitat Restoration and Invasive Species Control Project in Grand Rapids, Michigan. The project must provide a means to block sea lamprey from moving upstream, as this invasive species is currently blocked by the existing 6th Street Dam in the Grand River, must maintain or reduce the current risk of flooding upstream, and must provide for fish passage into upstream areas. If implemented, the project is expected to adversely impact existing healthy mussel population, which includes the federally-listed endangered scaleshell and snuffbox mussels as well as a number of state-listed mussel species.
Scoping Period Extension for Environmental Impact Statement for Implementing Test Releases From Fort Peck Dam, Montana
The U.S. Army Corps of Engineers (USACE), Omaha District, is extending the scoping period through March 26, 2019. The scoping period was originally scheduled to end on March 11, 2019.
Withdrawal of the Notice of Intent To Prepare an Environmental Impact Statement for the New Jersey Back Bay Coastal Storm Risk Management Feasibility Study
The U.S. Army Corps of Engineers, Philadelphia District, Planning Division is notifying interested parties that it has withdrawn the Notice of Intent (NOI) to develop an EIS for the proposed New Jersey Back Bay (NJBB) Coastal Storm Risk Management (CSRM) Feasibility Study. The original NOI to Prepare an EIS was published in the Federal Register on Wednesday, December 27, 2017.
Revised Definition of “Waters of the United States”
The Environmental Protection Agency and the Department of the Army (``the agencies'') are publishing for public comment a proposed rule defining the scope of waters federally regulated under the Clean Water Act (CWA). This proposal is the second step in a comprehensive, two-step process intended to review and revise the definition of ``waters of the United States'' consistent with the Executive Order signed on February 28, 2017, ``Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.'' This proposed rule is intended to increase CWA program predictability and consistency by increasing clarity as to the scope of ``waters of the United States'' federally regulated under the Act. This proposed definition revision is also intended to clearly implement the overall objective of the CWA to restore and maintain the quality of the nation's waters while respecting State and tribal authority over their own land and water resources.
Atlantic Ocean South of Entrance to Chesapeake Bay; Firing Range
The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the Atlantic Ocean south of the entrance to the Chesapeake Bay off of the coast of Virginia. For decades, the Dam Neck Surface Danger Zone (SDZ) served as a firing range for gunnery training at what is now Naval Air Station Oceana's Dam Neck Annex. While the Navy continues to use the SDZ for training, fixed-mount gunnery operations have not been conducted there for over 30 years. The proposed amendment is necessary to accurately identify the hazards associated with training and mission operations to protect the public. The proposed amendment will identify the area within the current danger zone boundary where live fire exercises are no longer conducted and no restriction to surface navigation exists. In addition, the proposed amendment will remove references to live fire range conditions and safety procedures as shore-to-sea gunnery operations are no longer conducted.
