Department of the Army, Corps of Engineers – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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.

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.

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.

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.

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.

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.

The U.S. Army Corps of Engineers (Corps) in cooperation with the Orange County Water District announces the availability of a Draft Feasibility Report and Environmental Impact Statement/Environmental Impact Report (FR/EIS/EIR) for the Prado Basin Ecosystem Restoration and Water Conservation Integrated Feasibility Study for review and comment. The study area is located within and downstream of Prado Dam Reservoir and includes portions of Riverside, San Bernardino and Orange Counties, California. The study evaluates alternatives for the restoration of degraded ecosystem structure, function, and dynamic processes to a less degraded, more natural condition within Prado Dam Reservoir and the Santa Ana River downstream of the dam. The study also includes water conservation through re-operation of Prado Dam to capture, retain and release additional water volumes impounded during flood risk management operations. Details of the potential ecosystem restoration measures, water conservation plan and an array of alternatives are identified in the Draft FR/EIS/EIR. Four alternatives are evaluated in the Draft FR/EIS/EIR, including the No Federal Action/ No Project Alternative. Potential environmental impacts associated with these project alternatives are addressed in the Draft FR/EIS/EIR. A Notice of Intent for the EIS/EIR was published on November 16, 2012 (73 FR 72455).

On December 11, 2018, the Environmental Protection Agency and the U.S. Department of the Army (the agencies) signed a proposed rule revising the definition of ``waters of the United States'' to clarify the scope of waters federally regulated under the Clean Water Act. The agencies are announcing that a public hearing will be held in Kansas City, Kansas on February 27 and 28, 2019, to provide interested parties the opportunity to present data, views, or information concerning the proposed rule. The pre-publication version of this proposal can be found at https://www.epa.gov/wotus-rule/step-two-revise.

The U.S. Army Corps of Engineers (USACE), Rock Island and Chicago Districts, are extending the comment period for the report ``The Great Lakes and Mississippi River Interbasin Study (GLMRIS)Brandon Road Integrated Feasibility Study and Environmental Impact Statement (EIS)Will County, Illinois,'' (Final GLMRIS-Brandon Road Report & EIS) for 46 days in response to stakeholder requests for an extension, from January 7, 2019 to February 22, 2019.

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.

On December 11, 2018, the Environmental Protection Agency and the U.S. Department of the Army (the agencies) signed a proposed rule revising the definition of ``waters of the United States'' to clarify the scope of waters federally regulated under the Clean Water Act. The agencies are announcing that a public hearing will be held in Kansas City, Kansas on January 23, 2019, to provide interested parties the opportunity to present data, views, or information concerning the proposed rule. The pre-publication version of this proposal can be found at https://www.epa.gov/wotus-rule/step-two-revise.

The U.S. Army Corps of Engineers, Nashville District (USACE), is issuing this notice to inform Federal, State, local governmental agencies, and the public that USACE is withdrawing the Notice of Intent (NOI) to prepare a draft Environmental Impact Statement (EIS) to support the Dam Safety Modification Study Report (DSMSR) for Center Hill Dam.

The U.S. Army Military Surface Deployment and Distribution Command (SDDC) requested that the U.S. Army Corps of Engineers (Corps) change the name of a restricted area from ``Suisun Bay at Naval Weapons Station, Concord; restricted area'' to ``Military Ocean Terminal Concord (MOTCO); restricted area.'' The restricted area is located in Suisun Bay, north of the City of Concord, California. The request to change the name of the restricted area is due to a transfer of real estate from the U.S. Navy to the U.S. Army SDDC. A Memorandum of Agreement between the U.S. Navy and the U.S. Army for the interagency transfer of base closure property and all associated environmental programs for portions of the Naval Weapons Station Seal Beach Detachment Concord was signed on January 24, 2007. The SDDC officially accepted the former U.S. Navy real estate in Fall 2008 to Winter 2009.

The U.S. Army Corps of Engineers, Charleston District intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) to assess the likely social, economic and environmental effects of the proposed expansion of an existing gold mine with the potential to impact Waters of the United States near Kershaw in Lancaster County, South Carolina. The DSEIS will assess potential effects of a range of alternatives.

The U.S. Army Corps of Engineers (USACE) announces the availability of the Record of Decision (ROD) for the Final Missouri River Recovery Management Plan and Environmental Impact Statement (MRRMP-FEIS) published in the Federal Register on Friday, August 31, 2018. The USACE Northwestern Division Commander signed the ROD on November 20, 2018. Copies of the ROD along with the MRRMP-FEIS and other supporting documents are available for viewing on the Missouri River Recovery Program website at: http://www.nwo.usace.army.mil/mrrp/ mgmt-plan/.

The Department of the Army announces that, unless there is an objection, after 15 days it intends to grant an exclusive license to Integrated Composite Construction Systems, LLC., a corporation having a place of business in Culpepper, VA on United States Patent No. 8,016,938 entitled ``Structures and Components Comprising Blast Resistant Concrete also Suitable for Limiting Penetration of Ballistic Fragments,'' issued September 13, 2011.

The U.S. Army Corps of Engineers (USACE), in cooperation with Orange County Public Works, Orange County, CA announces the availability of a Draft Integrated Feasibility Report (Draft IFR) including Feasibility Report and Environmental Impact Statement (EIS) for the Westminster, East Garden Grove, California Flood Risk Management Study for review and comment. The Draft IFR presents alternatives to address flood risk to the residents of the communities in the Westminster watershed. The purpose of this study is to evaluate the flood risk within the Westminster watershed that is primarily attributable to drainage channels overwhelmed with having to collect and convey more surface runoff downstream towards eventual discharge into the Pacific Ocean than what they were designed for. USACE evaluated and analyzed various flood control measures and formulated alternatives specifically for the Westminster watershed. USACE also evaluated the potential impacts of the alternatives and ways to minimize such impacts. A Notice of Intent to prepare the Draft EIS was published on January 13, 2006. A public scoping meeting was conducted on January 25, 2006 in the City of Garden Grove, CA.

The U.S. Army Corps of Engineers (Corps) is preparing an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) for U.S. Highway 275 (US-275) West Point to Scribner Project (Project) sponsored by the Nebraska Department of Transportation (NDOT). NDOT proposes to expand US-275 from a two-lane highway to a four-lane expressway along an approximately 20-mile segment from northwest of West Point to southeast of Scribner, including a bypass around Scribner (referred to as ``Scribner Bypass''), in Cuming and Dodge Counties, Nebraska. Construction of the Project is expected to impact jurisdictional waters of the United States, thereby requiring a Clean Water Act Section 404 permit. Additionally, NDOT is proposing to build segments of the Scribner Bypass on an existing federally authorized levee, which would require a Section 408 authorization. The Project may also affect Natural Resources Conservation Service (NRCS) Wetland Reserve Program (WRP) easements. Due to these requirements, the Corps has determined an EIS is necessary for the Project. The Corps has determined that the provisions of Executive Order 13807 (``One Federal Decision'') apply to this Project. One Federal Decision is intended to streamline federal permitting processes, including environmental reviews and authorization decisions, for major infrastructure projects.

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.

The U.S. Army Corps of Engineers (Corps), in cooperation with Navajo County Flood Control District, announces the availability of a Final Integrated Feasibility Report (Final IFR) including Feasibility Report and Environmental Impact Statement (EIS) for the Little Colorado River at Winslow, Navajo County, Arizona Flood Risk Management Project for review and comment. The study evaluates alternatives to reduce the risk of damages and to reduce the life, safety, and health risks caused by flooding of the Little Colorado River (LCR) to the City of Winslow, surrounding community, and public and private infrastructure.

The U.S. Army Corps of Engineers (USACE) Norfolk District, in cooperation with our non-federal sponsor, the City of Norfolk, announce the availability of a Final Integrated Feasibility Report and Environmental Impact Statement (Final IFR/EIS) and Draft Record of Decision (ROD) for the City of Norfolk Coastal Storm Risk Management Feasibility Study, for review and comment. The study evaluates identified flood risks and develops and evaluates coastal storm risk management measures for the City of Norfolk. These measures were formulated to reduce flood risk to residents, industries and businesses which are critical to the Nation's economy in ways that support the long-term resilience due to sea level rise, local subsidence and storms, within the City of Norfolk. Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the USACE determined that the project has the potential to have significant environmental impacts, and developed the Final EIS and Draft ROD to examine and assess the impacts of all proposed action.

The U.S. Army Corps of Engineers (Corps) Seattle District received a permit application from the Chehalis River Basin Flood Control Zone District (applicant) for the construction of a flood retention structure on the upper Chehalis River and the raising of levees at the Centralia-Chehalis Airport. A Department of the Army (DA) permit is required for the project pursuant to Section 404 of the Clean Water Act. The Corps has determined the proposed project may have significant individual and/or cumulative impacts on the human environment. An environmental impact statement (EIS) will be prepared in accordance with the National Environmental Policy Act (NEPA). Preparation of the EIS will support the Corps' eventual decision to either issue, issue with modification or deny the DA permit for the proposed action. The EIS will assess the potential social, economic, and environmental impacts of the projects and is intended to be sufficient in scope to address Federal, State, and local requirements, environmental and socio-economic issues concerning the proposed action, and permit reviews. The EIS process begins with the publication of this Notice of Intent. The EIS will be prepared according to the Corps' procedures for implementing NEPA, and consistent with the Corps' policy to facilitate public understanding and review of agency proposals. The Corps will serve as the lead federal agency for this EIS pursuant to the requirements of NEPA. The Washington State Department of Ecology (Ecology) will serve as the lead agency for the separate EIS pursuant to the requirements of the State Environmental Policy Act (SEPA). The Corps and Ecology have agreed to participate in joint scoping to simplify the public comment process for the two separate EISs.