Department of the Army, Corps of Engineers 2007 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers, in cooperation with the Pennsylvania Turnpike Commission and the U.S. Environmental Protection Agency, as a Cooperating Agency, have prepared a Draft Environmental Impact Statement/Section 404 Permit Application (DEIS) for the Southern Beltway Transportation Project from I-79 to the Mon/Fayette Expressway in Washington County, PA. The overall purpose of the project is to provide transportation mobility safety improvements, to relieve congestion, and to support economic development plans in southwestern Pennsylvania. The DEIS assesses the environmental effects of the various alternatives developed to address the project needs.

The Corps issued RGL 07-02 to further explain the regulatory exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches consistent with Section 404(f) of the CWA (33 U.S.C. 1251 et seq.) and implementing regulations. Specifically, the RGL clarifies when Section 404(f) exempts from permitting requirements discharges of dredged or fill material into waters of the United States associated with the construction and maintenance of irrigation ditches and maintenance of drainage ditches. The RGL also clarifies how certain terms in the regulations at 33 CFR 323.4 are applied in the context of the Sections 404(f) exemptions, including irrigation ditch, drainage ditch, construction, and maintenance. In addition, the guidance provides a framework for determining the applicability of the exemptions and the recapture provision, consistent with the CWA and implementing regulations. This RGL was effective July 4, 2007.

The U.S. Army Corps of Engineers (USACE), Detroit District, is issuing this notice to announce the availability for public review and feedback of the final bi-national report for the Great LakesSt. Lawrence Seaway (GLSLS) Study. This study was conducted jointly with Canada and was overseen by a steering committee that included representatives from the United States Department of Transportation, Transport Canada, United States Fish and Wildlife Service, Environment Canada, the St. Lawrence Seaway Development Corporation, the United States Army Corps of Engineers, and the St. Lawrence Seaway Management Corporation. The study evaluated the commercial navigation infrastructure needs of the GLSLS as it is currently configured, and does not make any recommendations related to the implementation of any physical project modifications. The study assessed ongoing maintenance and long-term capital requirements to ensure the continuing viability of the system, targeting the engineering, economic and environmental implications of those needs as they pertain to the marine transportation infrastructure upon which commercial navigation depends. The public is invited to provide feedback which will be provided to the above noted partner agencies for their consideration as each assess the study findings related to future system's operation and maintenance.

The U.S. Army Corps of Engineers (USACE), 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 a one-time emergency beach fill project to protect oceanfront 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 Report Environmental Impact Statement (GRR-EIS) has been prepared by the 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.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Long Angeles, has completed a Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 136-147 [TraPac] 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 expand and modernize the container terminal at Berths 136-147 [TraPac], including: Expanding, redeveloping, and constructing container terminal facilities and a new on-dock rail facility; constructing 500 space parking lot for union workers; wharf work including dredging 295,000 cubic yards, renovating 2,900 feet of existing wharf, and constructing 705 feet of new wharf; installing five new gantry cranes to replace six existing gantry cranes; relocating the existing PHL Pier A switcher yard to Rear Berth 200; widening Harry Bridges Boulevard and constructing a new 30-acre landscaped buffer area between ``C'' Street and Harry Bridges Boulevard; and filling the 10- acre Northwest Slip, constructing backlands facilities on the fill, and constructing a new 400-foot wharf along the edge of the fill. In addition, the Port of Los Angeles is considering transporting and discharging at ocean disposal sites excess clean material generated by the dredging activities, which would require authorization pursuant to Section 103 of the Marine Protection, Research, and Sanctuaries Act.

The U.S. Army Corps of Engineers (Corps) Omaha District has prepared a Final Supplemental Environmental Impact Statement (SEIS) to analyze the direct, indirect and cumulative effects of enlarging the currently permitted Rueter-Hess Reservoir in Parker, CO. The Draft SEIS was published in the Federal Register on July 27, 2007 (72 FR 41300). The Final SEIS includes responses to comments received on the Draft SEIS. The current project was authorized in February 2004 with Department of the Army Permit No. 199980472 (Section 404 Permit). The basic purpose of the Proposed Action would allow the reservoir to serve as a regional water management facility for multiple water providers in northern Douglas County; enable them to meet peak demands; greatly enhance water management in the region; and help extend the yield of the Denver Basin aquifers, a non-renewable water source and the primary source of water for the South Metro area. Expansion of the reservoir would result in direct impacts to an additional 0.21 acres of wetlands and 4 miles of intermittent stream channel (in addition to the 6.7 acres of wetlands and 5 miles of other waters of the U.S. permitted as part of the 16,200-acre-foot [AF] reservoir). This action requires authorization from the Corps under Section 404 of the Clean Water Act. The Permittee and Applicant is the Parker Water and Sanitation District (PWSD). The Final SEIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the Corps' regulations for NEPA implementation (33 Code of Federal Regulations [CFR] parts 230 and 325, Appendices B and C). The Corps, Omaha District, Regulatory Branch is the lead federal agency responsible for the Final SEIS and information contained in the SEIS serves as the basis for a decision regarding issuance of a Section 404 Permit modification. It also provides information for local and state agencies having jurisdictional responsibility for affected resources.

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 Harbors 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 Notice of Availability of the Draft Environmental Impact Statement for this action was published in the Federal Register on Friday, October 20, 2006 (71 FR 61962).

The purpose of the project is to reconstruct and rehabilitate Reach 1 of the Herbert Hoover Dike to prevent catastrophic failure of the system to retain the waters of Lake Okeechobee. On July 8, 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) for the Major Rehabilitation actions proposed for Herbert Hoover Dike (HHD), Reach One. Herbert Hoover Dike is the levee that completely surrounds Lake Okeechobee. On September 23, 2005, a Record of Decision was signed adopting the preferred alternative as the Selected Plan for Reach One. As plans and specifications were developed for Reach 1, it became apparent that the cut-off wall with seepage berm alternative would not work for all of Reach 1. The alternative for Reach 1 will be a combination of one or more of the following features dependent on the geology and adjacent land factors with the cut-off wall: Seepage Berm, Relief Trench, Soil Replacement Wedge, Relief Wells, Drainage Feature and Sand Columns. Reach 1 of the HHD extends for approximately 22.5 miles within Martin and Palm Beach Counties, from the St. Lucie Canal at Port Mayaca, south to the Hillsboro Canal at Belle Glade, FL. This study is a cooperative effort between the Corps and the South Florida Water Management District (SFWMD).

The Army Corps of Engineers and the South Florida Water Management District have developed the six guidance memoranda required by the programmatic regulations for the Comprehensive Everglades Restoration Plan for approval by the Secretary of the Army. The public is invited to review and comment on the revised final draft of the guidance memoranda prepared by the Army Corps of Engineers and the South Florida Water Management District.

A Notice of Intent To Prepare a Draft Programmatic Environmental Impact Statement (DPEIS) for the Onondaga Lake Watershed Management Plan (OLWMP), Feasibility Study, City of Syracuse, Onondaga County, Central New York State, and Onondaga Nation was published in the Federal Register on April 1, 2005 (70 FR 16807). Subsequent to the Notice of Intent, the project scope and funding was significantly reduced and modified and a decision made to terminate the EIS process. An Onondaga Lake Watershed Progress Assessment and Actions Strategies report is being prepared over the next two years and will be available to agencies, interests, and the public in 2009.

The U.S. Army Corps of Engineers (Corps) Jacksonville District issued a draft Supplemental Environmental Impact Statement (SEIS) on August 17, 2007 to evaluate potential impacts of further rock mining within wetlands in western Miami-Dade County, FL. In order to accept public comments on the Draft SEIS, the Corps has scheduled a public meeting. The Corps invites Federal agencies, American Indian Tribal Nations, state and local governments, and other interested private organizations and parties to attend the public meeting and to comment on the draft SEIS.

The Army Corps of Engineers and the State of Florida have established interim targets for the Comprehensive Everglades Restoration Plan as required by section 385.39(c) of the Programmatic Regulations for the Comprehensive Everglades Restoration Plan. The purpose of the interim targets is to evaluate progress towards other water related needs of the region provided for in the Comprehensive Everglades Restoration Plan throughout the implementation process. The parties have chosen to memorialize the proposed interim targets in an Interim Targets Agreement.

The U.S. Army Corps of Engineers is proposing to amend the regulations at 33 CFR 334.1380 for the existing danger zone in the vicinity of Kaneohe Bay, Hawaii. The proposed amendment will reflect the current operational and safety procedures at the Ulupau Crater Weapons Training Range and highlight a change in the hours that weapons firing may occur. These regulations are necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the United States Marine Corps.

The Draft Programmatic Environmental Impact Statement (DPEIS) will evaluate the overall impacts of various alternatives identified in a Long Island Sound Dredged Material Management Plan (LIS DMMP) for management of dredged material in the Long Island Sound (LIS) region. The overall goal of the LIS DMMP is to develop a comprehensive plan for dredged material management in Long Island Sound using a broad-based public process that protects the environment based on best scientific data and analysis, while meeting society's need for safe and economically viable navigation for water-based commerce, transportation, national security, and other public purposes. The LIS DMMP will identify potential environmentally acceptable, practicable management plans that can be utilized by the Corps of Engineers (Corps) in maintaining Federal navigation projects, as well as various non- Corps dredging proponents in their analysis of options to manage non- Corps dredging projects. Some alternative disposal methods may be implemented on the basis of the PEIS, while others may require additional analysis at the project level. As specific alternatives are put in place to implement a given management option, more detailed National Environmental Policy Act (NEPA) documents may be prepared by the Corps and other Federal agencies, and such NEPA documents will evaluate specific impacts from implementing a particular management option.

The U.S. Army Corps of Engineers and the San Diego County Water Authority (Water Authority), as Co-Lead Agencies, have prepared a Draft Environmental Impact Report/Environmental Impact Statement (EIR/ EIS) for the Carryover Storage and San Vicente Dam Raise Project (CSP). The overall purpose of the CSP is to substantially increase the reliability and flexibility of the regional water supply by providing the Water Authority with facilities to accumulate and store approximately 100,000 acre feet (AF) of water by the year 2011. During dry weather periods, increased regional demand for water may exceed local supplies resulting in potential water shortages. Water would be accumulated, when it is available, from a variety of sources and, once stored, would provide a reliable reserve against shortages when supply sources are limited. This type of operation is well suited for improving storage reliability during droughts. The EIR/EIS assesses the environmental effects of the CSP at San Vicente Reservoir (Proposed Action) and the proposed alternatives.

The U.S. Army Corps of Engineers (Corps) is amending the existing regulations for a restricted area at Naval Air Station Key West (NASKW). Naval Air Station Key West maintains ammunition magazines on Fleming Island that have explosive safety quality-distance (ESQD) requirements in place to ensure reasonable safety from serious injury should there be a magazine fire or explosion. The previous restricted area regulations did not adequately cover the ESQD requirements. This amendment to the existing regulation is necessary to protect the public from potentially hazardous conditions that may exist as a result of military use of the area.

The U.S. Army Corps of Engineers, Galveston District, is issuing this notice to announce its intent to prepare a Draft Environmental Impact Statement (DEIS), for the proposed deepening and widening of the deep-draft Freeport Harbor Navigation Project, connecting port facilities in Freeport to the Gulf of Mexico. The District will conduct a study to evaluate deepening and widening alternatives, and dredged material disposal options, which will include both upland confined disposal and ocean disposal at designated sites in the Gulf of Mexico. The Freeport Harbor Navigation Project study area is located on the mid to upper Texas coast in Brazoria County, TX, extending from approximately 3 miles offshore at the 60-foot depth contour in the Gulf of Mexico, through the jettied Freeport Harbor entrance channel upstream to the Stauffer Channel Turing Basin. Depths and widths of up to 60-feet and 600-feet respectively are being considered from seaward, along with varying dimensions for upstream reaches and basins. The non- federal sponsor is the Brazos River Harbor Navigation District.

The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations for the restricted area established in the waters of Port Townsend Bay off Puget Sound adjacent to Naval Magazine Indian Island, Jefferson County, Washington. The amendments will enable the affected units of the United States military to enhance safety and security around an active military establishment. The regulations are necessary to safeguard military vessels and United States government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. The regulations are also necessary to protect the public from potentially hazardous conditions that may exist as a result of military use of the area.

The U.S. Army Corps of Engineers (Corps) Omaha District has prepared a Draft Supplemental Environmental Impact Statement (SEIS) to analyze the direct, indirect and cumulative effects of enlarging the currently permitted Rueter-Hess Reservoir in Parker, CO. The current project was authorized in February 2004 with Department of the Army Permit No. 199980472 (Section 404 Permit). The basic purpose of the Proposed Action would allow the reservoir to serve as a regional water management facility for multiple water providers in northern Douglas County; enable them to meet peak demands; greatly enhance water management in the region; and help extend the yield of the Denver Basin aquifers, a non-renewable water source and the primary source of water for the South Metro area. Expansion of the reservoir would result in direct impacts to an additional 0.21 acres of wetlands and 4 miles of intermittent stream channel (in addition to the 6.7 acres of wetlands and 5 miles of other waters of the U.S. permitted as part of the 16,200-acre-foot [AF] reservoir). This action requires authorization from the Corps under Section 404 of the Clean Water Act. The Permittee and Applicant is the Parker Water and Sanitation District (PWSD). The Draft SEIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the Corps' regulations for NEPA implementation (33 Code of Federal Regulations [CFR] Parts 230 and 325, Appendices B and C). The Corps, Omaha District, Regulatory Branch is the lead federal agency responsible for the Draft SEIS and information contained in the SEIS serves as the basis for a decision regarding issuance of a Section 404 Permit modification. It also provides information for local and state agencies having jurisdictional responsibility for affected resources.

The Notice of Availability for the Draft Environmental Impact Statement (DEIS) published in the Federal Register on Friday, May 18, 2007 (72 FR 28032), required comments be submitted on or before July 2, 2007. An editorial correction of the Notice document was published in the Federal Register on Thursday, June 2, 2007 (72 FR 31660). The comment period has been extended to September 4, 2007. Additionally, the June 5, 2007, Public Hearing on the proposed project has been rescheduled to August 9, 2007, at the Bauer Community Center, 2300 North Highway 35, Port Lavaca, TX 77979. Poster presentations will be available for viewing and project team members will be present to discuss the DEIS at a Workshop that will precede the Public Hearing. The Workshop will be conducted from 5 p.m. to 6:45 p.m. and the formal Public Hearing will comment at 7 p.m.

This notice of availability announces the public release of the Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate construction of authorized improvements to the Federal Pascagoula Harbor Navigation Project in Jackson County, MS. The Mobile District, U.S. Army Corps of Engineers (Corps) published in the Federal Register, June 14, 2006, (71 FR 34320) a Notice of Intent to Prepare a DSEIS to address the potential impacts associated with construction of authorized improvements to the Federal Pascagoula Harbor Navigation Project in Jackson County, MS. The DSIES was used as a basis to ensure compliance with the National Environmental Policy Act (NEPA) and for evaluating the following two alternative plans: ``No Action'' and deepening the federally authorized project from 38 feet to 42 feet deep in the Upper Pascagoula channel, deepening the Horn Island Impoundment Basin from 44 feet to 56 feet, and widening the Gulf Entrance Channel from 450 feet to 550 feet wide. Pascagoula Harbor is authorized to (a) An entrance channel 44 deep and 550 feet wide from the Gulf of Mexico to Horn Island Pass, a channel 44 feet deep and 600 feet wide through Horn Island Pass, including a sediment trap situated on the east side of the channel 1,500 feet long, 56 feet deep, and 175 feet wide; (b) A channel 42 feet deep and 350 feet wide in Mississippi Sound and the Pascagoula River to the railroad bridge at Pascagoula, including a turning basin 2,000 feet long and 950 feet wide (including the channel area) on the west side of the river below the railroad bridge; (c) A channel 42 feet deep throughout and 350 feet wide from the ship channel in Mississippi Sound to the 1,150-foot turning basin at the mouth of Bayou Casotte, then 350 feet wide for about one mile to the northern turning basin, 900 feet wide and 1,750 feet long; (d) A channel 22 feet deep and 150 feet wide up Pascagoula River from the railroad bridge to the mouth of Escatawpa River (Dog River), thence up the Escatawpa River to the Highway 613 Bridge; (e) A channel 12 feet deep and 125 feet wide from the Highway 613 Bridge, via Robertson and Bounds Lakes to mile 6.0 on the Escatawpa River; and (f) A channel 12 feet deep by 80 feet extending from deep water in the Pascagoula River to a turning basin in Krebs Lake a distance of about 1,500 feet, then along the south bank of the lake a channel 10 feet deep and 60 feet wide, terminating at a second turning basin, a distance of 2,700 feet from the first. The tentatively recommended alternative includes construction of the authorized project dimensions.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 136-147 [TraPac] 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 expand and modernize the container terminal at Berths 136-147 [TraPac], including: Expanding, redeveloping, and constructing container terminal facilities and a new on-dock rail facility; constructing 500 space parking lot for union workers; wharf work including dredging 295,000 cubic yards, renovating 2,900 feet of existing wharf, and constructing 705 feet of new wharf; installing five new gantry cranes to replace six existing gantry cranes; relocating the existing PHL Pier A switcher yard to Rear Berth 200; widening Harry Bridges Boulevard and constructing a new 30-acre landscaped buffer area between ``C'' Street and Harry Bridges Boulevard; and filling the 10- acre Northwest Slip, constructing backlands facilities on the fill, and constructing a new 400-foot wharf along the edge of the fill. In addition, the Port of Los Angeles is considering transporting and discharging at ocean disposal sites excess clean material generated by the dredging activities, which would require authorization pursuant to Section 103 of the Marine Protection, Research, and Sanctuaries Act.

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). Topic: The EAB will discuss national considerations related to ecosystem restoration through integrated water resources management. Date of Meeting: July 18, 2007. Place: Hotel Palomar, 2121 P Street, NW., Washington, DC. Time: 9 a.m. to 12 p.m. Thirty minutes will be set aside for public comment. Members of the public who wish to speak must register prior to the start of the meeting. Registration will begin at 8:30. Statements are limited to 3 minutes.

Congress has appropriated limited funds to the U.S. Army Corps of Engineers (Corps) to implement the Estuary Habitat Restoration Program as authorized in Section 104 of the Estuary Restoration Act of 2000, Title I of the Estuaries and Clean Waters Act of 2000 (Pub. L. 106-457) (accessible at https://era.noaa.gov/pdfs/acts835.pdf). On behalf of the Estuary Habitat Restoration Council (Council), the Corps is soliciting proposals for estuary habitat restoration projects. This document describes project criteria and evaluation criteria the Council will use to determine which projects to recommend. Recommended projects must provide ecosystem benefits, have scientific merit, be technically feasible, and be cost-effective. Proposals selected for Estuary Habitat Restoration Program funding will be implemented in accordance with a cost-share agreement with the Corps. This is not a grants program.

The U.S. Army Corps of Engineers, Jacksonville District, intends to prepare a Draft Environmental Impact Statement (DEIS) for a new borrow area for the Martin County Beach Erosion Control Project. In cooperation with Martin County, the study will evaluate alternative sand sources that will maximize shore protection while minimizing environmental impacts.