Department of the Army, Corps of Engineers 2006 – Federal Register Recent Federal Regulation Documents

The U.S. Army Engineer District, Alaska, intends to prepare a Draft Environmental Impact Statement (DEIS) to evaluate the feasibility of a small boat harbor and, in collaboration with other agencies, opportunities for economic development and air transportation capability for the community of Little Diomede Island, AK. Ignaluk on Little Diomede Island, population 170, is a coastal community on the west side of Little Diomede Island, approximately 135 miles northwest of Nome. The community of Wales on the mainland is 27 miles from Little Diomede Island. Big Diomede Island, Russia, is 2 miles west of Little Diomede Island. The community of Ignaluk is a small and very remote community in the Bering Sea. Transportation to Little Diomede is by air or sea. Due to the normal severe weather and sea conditions, any method of travel can be risky. A landing strip constructed on sea ice in the winter provides fixed-wing airplane access approximately 3 months of the year. Helicopters and boats are used during summer. High waves and rocky shores often make landing by boat difficult. A constant wind blows 15 knots with gusts up to 80 knots. Cloudy skies and fog are prevalent in the summer. There is no scheduled cargo ship schedule, and only barges and landing craft come close to the island; few actually land. There is weekly mail delivery by helicopter. Transportation of goods and services is expensive and medical evacuation is very difficult. The lack of access is a barrier to the economic future of the community and could force relocation of the entire community to the mainland. The draft EIS would also study any multi-use value of the airport and boat harbor projects for coastal storm damage reduction. The DEIS will determine whether Federal action is warranted and will define alternative actions for Congressional consideration.

The U.S. Army Corps of Engineers (Corps) is considering an application for Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act permits authorizing dredge and fill activities to create three new harbors (North Harbor, Downtown Harbor, and 7th Street Harbor) along the San Pedro Waterfront, construct pile- supported structures to provide additional areas for land-side use, and construct a waterfront promenade and Outer Harbor cruise ship terminal. The reason for the new NOI is the scope of the previous project, titled From Bridge to Breakwater San Pedro Waterfront and Promenade, was reduced, a new permit application was submitted, and the proposed project has been modified to focus on infrastructure improvements, cruise program expansion, and to increase public access to the waterfront. The primary Federal concern is the dredging and discharging of fill material within waters of the United States and potential significant impacts resulting from such dredging and discharges to the environment. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring the preparation of an Environmental Impact Statement (EIS) prior to consideration of any permit action. The Corps may ultimately make a determination to permit or deny the above project, or permit or deny modified versions of the above project. Pursuant to the California Environmental Quality Act (CEQA), the Port of Los Angeles will serve as Lead Agency in preparing an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port of Los Angeles have agreed to jointly prepare a Draft EIS/EIR in order to optimize efficiency and avoid duplication. The Draft EIS/EIR is intended to be sufficient in scope to address the Federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Field Office 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 the Town of Topsail Beach to conduct an emergency beach fill project to protect ocean front development and infrastructure until such time that a federally authorized shore protection project can be implemented. At this time, the construction date for the Federal project is uncertain. A Draft General Reevaluation ReportEnvironmental Impact Statement (GRR-EIS has been prepared by the U.S. Army Corps of Engineers (USACE) and was released for public review and comment in June 2006 (USACE, 2006). Given the current status of the GRR-EIS and the need for Congressional authorization, funding, preparation of plans and specifications, and right-of-way acquisition, the Federal project may not be implemented until Fiscal Year 2010, or possibly later.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), DoD. Sacramento District has prepared a Draft Environmental Impact Statement (DEIS) that 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 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. The alternatives considered in detail 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 U.S. Army Corps of Engineers, Los Angeles District (Corps) will hold a public hearing to receive comments on the proposed project action as described and evaluated in Draft Supplemental Environmental Impact Statement (SEIS) for the operation and maintenance, related to vegetation and sediment management, of the San Luis Rey River Flood Control Project.

The U.S. Army Corps of Engineers, Galveston District announces the release of the Draft Environmental Impact Statement (DEIS), the Draft General Conformity Determination, the public comment period, and the date and location of the Public Hearing, for the Brazos River Harbor Navigation District's (Port Freeport) proposed widening of the Freeport Harbor Ship Channel.

The Baltimore District of the U.S. Army Corps of Engineers (Corps) is withdrawing its intent to prepare a DEIS for the Baltimore Metropolitan Water Resources StudyGwynns Falls in Baltimore County, Maryland. The Notice of Intent for the DEIS was published in the Federal Register on July 9, 1996 (Volume 61, Number 132, Page 36038). Negative environmental impacts of the recommended plan are not significant and the Corps has determined that a DEIS is not appropriate.

The Army Corps of Engineers, the Department of the Interior and the State of Florida are proposing to establish the interim goals for the Comprehensive Everglades Restoration Plan through the Interim Goals Agreement as required by Section 385.38(d) of the Programmatic Regulations for the Comprehensive Everglades Restoration Plan. Interim goals are a mean by which restoration success of the Comprehensive Everglades Restoration Plan may be evaluated at specific points by agency managers, the State of Florida, and Congress throughout the overall planning and implementation process. The public is invited to review and comment on the final draft of this Agreement.

The U.S. Army Corps of Engineers (USACE) Huntington District announces the extension of the public comment period for the proposed Spruce No. 1 Mine Final Environmental Impact Statement (FEIS).

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) and Public Law 102-484 Section 2834, as amended by Public Law 104-106 Section 2867, the Department of the Army hereby gives notice of intent to prepare a Draft Environmental Impact Statement (EIS) for the subject Dredged Material Management Plan (DMMP). The Portland District of the U.S. Army Corps of Engineers will be the lead agency in preparing the EIS. The EIS will consider Federal actions associated with the development of a DMMP for the Federal navigation channel in the city of Portland, Multnomah County, OR. The DMMP is a study conducted to develop a long-term (20-year) strategy for providing viable dredged material placement alternatives that would meet the needs of maintaining the Federal channel at Portland Harbor. The overall goal of the DMMP is to develop a long-term plan for continued maintenance of the federal navigation channel that supports commercial navigation within Portland Harbor and to conduct dredged material placement in the most economically and environmentally sound manner and to maximize the use of dredged material as a beneficial source.

The U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division has been reviewing the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from Potash Corporation of Saskatchewan Phosphate Division (PCS) for the continuation of its phosphate mining operation near Aurora, Beaufort County, NC. PCS proposes to expand its existing open pit phosphate mining operation into a 3,412 acre tract immediately adjacent to the current mine. This expansion would impact 2,408 acres of waters of the U.S. including wetlands adjacent to the Pamlico River and South Creek.

The U.S. Army corps of Engineers (Corps) Jacksonville District intends to prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate potential impacts of further rock mining within wetlands in western Miami-date county, FL. The original EIS, The Rock Mining- Freshwater Lakebelt Plan Programmatic Environmental Impact Statement, issued in May 2000 focused on the potential impacts of a 50-year mining plan within the Lake Belt area. After evaluating the EIS, the Corps issued a Record of Decision and permits that allowed mining within a smaller, 10-year plan in April 2002. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgement was issued on March 22, 2006 as part of Case No. 03- 23427-CIV-HOEVELER, United States District Court Southern District of Florida. The decision instructed the Corps to engage in additional analyses of rock mining in the Lake Belt region. Accordingly, the Corps is preparing this SEIS.

Pursuant to 10 U.S.C. 2869(d)(1) the Department of the Army (Army) is providing notice of its intent to convey the ``Drum Stick'' parcel of the former Fort Ord, located in Monterey County, CA in return for the ``Stillwell Kidney'' parcel owned by the City of Seaside. Fort Ord was selected for closure by the Base Realignment and Closure Commission in 1991. The Drum Stick parcel is an undeveloped, densely- vegetated 11.28-acre property adjacent to California State Route 1 on the former Fort Ord. the Stillwell Kidney parcel currently contains approximately 400 abandoned housing units. Under 10 U.S.C. 2869, the Army is authorized to enter into an agreement to convey real property, including any improvements thereon, located on a military installation that is closed or realigned under a Base Realignment and Closure (BRAC) Act to any person who agrees to convey to the Army real property of at least equal value. The Army has concluded that the Stillwell Kidney parcel has a fair market value that is at least equal to that of the Drum Stick parcel.

The U.S. Army Corps of Engineers (Corps) is soliciting comments for the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also proposing to issue six new NWPs and one new general condition. The reissuance process starts with today's publication of the proposed NWPs in the Federal Register for a 60-day comment period. The purpose of this Federal Register notice is to solicit comments on the proposed new and modified NWPs, as well as the NWP general conditions and definitions. Shortly after the publication of this Federal Register notice, each Corps district will publish a public notice to solicit comments on their proposed regional conditions for the new and modified NWPs. The comment period for these district public notices will be 45 days.

In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) Huntington District has prepared a Final Environmental Impact Statement (FEIS). This FEIS evaluates potential impacts to the natural, physical and human environment as a result of the proposed mining activities associated with the Mingo Logan's proposed Spruce No. 1 Mine. The USACE regulates this proposed project pursuant to Section 404 of the Clean Water Act. The proposed activity would involve the discharge of dredged and fill material into waters of the United States associated with the proposed construction and operation of a bituminous coal mine. The document was prepared following a public review and a 60-day comment period on the Draft Environmental Impact Statement (DEIS), during which time a public hearing meeting was held on May 1, 2006. The meeting was held at the Earl Ray Tomlin Convention Center in Chapmanville, Logan County, WV.

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 Draft 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.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Branch), in coordination with the Port of Los Angeles, has completed a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berth 97-109 Container Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act for wharf and terminal development (142 acres) in three phases, dredging up to 41,000 cubic yards of sediment, construction of two new concrete pile-supported wharves (for a total of 2,500 feet), new terminal buildings and two new terminal bridges.

The Mobile District, U.S. Army Corps of Engineers (Corps), intends to prepare a Draft Environmental Impact Statement (DEIS) 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 authorized by the Department of Defense Appropriations Act, 2006 (Pub. L. 109-148) dated December 30, 2005. 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, New England District announces its decision to maintenance dredge the following Federal navigation channels in Boston Harbor, Massachusetts: the Main Ship Channel upstream of Spectacle Island to the Inner Confluence, the upper Reserved Channel, the approach to the Navy Dry Dock, a portion of the Mystic River, and a portion of the Chelsea River (previously permitted). Maintenance dredging of the navigation channels landward of Spectacle Island is needed to remove shoals and restore the Federal navigation channels to their authorized depths. Dredged material suitable for unconfined open water disposal will be disposed at the Massachusetts Bay Disposal Site; material not suitable for unconfined open water disposal will be disposed in confined aquatic disposal (CAD) cell(s) located within the navigation channels. Major navigation channel improvements (deepening) were made in 1999 through 2001 in the Reserved Channel, the Mystic River, Inner Confluence, and the Chelsea River. A Final Environmental Impact Statement (EIS) prepared in June 1995 for this previous navigation improvement project (Boston Harbor Navigation Improvement ProjectBHNIP) identified selected use of CAD cells in the Mystic River, Inner Confluence, and Chelsea River for disposal. A Supplemental Draft and Final EIS was prepared for this maintenance dredging project and built on the lessons learned from the previous improvement project. A new CAD cell for the proposed maintenance project will be constructed in the Mystic River (previously permitted) and in the Main Ship Channel just below the Inner Confluence.

The Cleveland County Sanitary District (CCSD) is applying for a Department of the Army permit under Section 404 of the Clean Water Act (33 U.S.C. 134) to impact approximately 24 miles of river and stream habitat and approximately 1 acre of wetlands with the construction of a dam and water supply reservoir on the First Broad River. The proposed dam site is one mile north of the Town of Lawndale in Cleveland County, NC. The CCSD is proposing this action for the purpose of increasing the water supply for its service area and the region. Based on current rates of growth, CCSD has projected that water needs for its customers will double by the year 2050. Projected regional water demand indicate that existing water supplies are inadequate for future needs. The proposed reservoir would also lessen the occurrence of water shortages during drought conditions. In accordance with the National Environmental Policy Act (NEPA), a Draft Environmental Impact Statement (DEIS) will be prepared to evaluate and compare alternatives for increasing water supply and to assess associated impacts.

The U.S. Army Corps of Engineers, New Orleans District, is initiating this study under the authority provided by the resolutions adopted by the Committees on Public Works of the U.S. Senate and House of Representatives, dated April 19, 1967 and October 19, 1967, respectively, an expansion of the authority created under section 3 of the River and Harbor Act approved June 13, 1902. The Louisiana Coastal Area (LCA) Beneficial Use of Dredged Material Program will optimize the use of dredged material resulting from the maintenance of federally maintained navigational channels to (1) restore formerly existing coastal wetlands; (2) reduce, halt or reverse the loss of existing coastal wetlands; (3) create coastal wetlands where none existed previously; or (4) provide protection to any of the above wetland situations or other coastal landscape features within the study placement area. The LCA Beneficial Use of Dredged Material Program costs are those costs incurred above and beyond the ordinary costs incurred with USACE Operations and Maintenance dredging and disposal operations in accordance with their established base plan for maintenance dredging activities. The base plan is determined by applying the Federal Standard which requires maintenance dredging and disposal activities to be conducted in the most cost effective, environmentally acceptable manner. The study area is Louisiana's coastal area from Mississippi to Texas. Louisiana parishes included in the study area include Ascension, Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion. The following seven navigation channels represent an initial list of areas with the most significant opportunities (1) Calcasieu River and Pass; (2) Houma Navigation Canal; (3) Atchafalaya River and Bayous Chene, Boeuf, and Black; (4) Bayou Lafourche; (5) Mississippi River and Tributaries Project, Head of Passes and Southwest Pass; (6) Barataria Bay Waterway; and (7) Mississippi River Gulf Outlet (although this channel is not currently funded for O&M dredging).

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: Chief of Engineers Environmental Advisory Board (EAB). Date of Meeting: July 19, 2006. Place: U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, 3909 Halls Ferry Road, Vicksburg, MS 39180- 6199. Time: 8:30 a.m. to 3 p.m.

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:

The U.S. Army Corps of Engineers (Corps), Mobile District, intends to prepare a Draft Environmental Impact Statement (EIS), as required by the National Environmental Policy Act (NEPA), to address the proposed implementation of interim water storage contracts at Lake Sidney Lanier/Buford Dam, GA, as contained in a settlement agreement associated with the Southeastern Federal Power Customers, Inc. (SeFPC) v. Secretary of the Army, et al. (1:00CV02954-TPJ) lawsuit. The Draft EIS will also address any changes in water management operations at the reservoir project, as well as the potential for other changes to operations in downstream reservoir projects, which would result from implementation of the settlement agreement.