Department of the Army, Corps of Engineers December 2008 – Federal Register Recent Federal Regulation Documents

Revisions to the Clean Water Act Regulatory Definition of “Discharge of Dredged Material”; Final Rule
Document Number: E8-30984
Type: Rule
Date: 2008-12-30
Agency: Environmental Protection Agency, Department of the Army, Corps of Engineers, Engineers Corps, Army Department, Department of Defense
The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) (together, the ``Agencies'') are promulgating a final rule to amend a Clean Water Act (CWA) section 404 regulation that defines the term ``discharge of dredged material.'' This action conforms the Corps' and EPA's regulations to a court order invalidating the January 17, 2001, amendments to the regulatory definition (referred to as the ``Tulloch II'' rule). This final rule responds to the court decision by deleting language from the regulation that was invalidated.
Notice of Availability for the Final Environmental Impact Statement/Environmental Impact Report and a Draft General Conformity Determination for the Berths 97-109 [China Shipping] Container Terminal Project, Port of Los Angeles, Los Angeles County, CA
Document Number: E8-30585
Type: Notice
Date: 2008-12-29
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
On April 30, 2008, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Los Angeles Harbor Department (LAHD) completed and published the Recirculated Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 97-109 [China Shipping] Container Terminal Project (Project) in the Port of Los Angeles. The Corps and LAHD considered all comments received in preparing the Final EIS/EIR, which is available for a 30-day review. The Final EIS/EIR includes a draft general conformity determination (see Section 3.2 and Appendix P), pursuant to Section 176(c) of the Clean Air Act. A general conformity determination is necessary because Project construction would require Federal action (i.e., issuance of a Corps permit for activities proposed in and over navigable waters and waters of the U.S.) and not all the Federal action's direct and indirect emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). Pursuant to the general conformity regulations (40 CFR Part 93 Subpart B), general conformity determinations do not have to be included in the EIS and can be separately noticed, but the draft general conformity determination for the Federal action associated with the Project is being included in the Final EIS/EIR in this case. The Final EIS/EIR, including the draft general conformity determination, is available for public review during the next 30 days at the Los Angeles Harbor Department, 425 South Palos Verdes Street, San Pedro, California, on the Port's Web site: http:// www.portoflosangeles.org, and on the Corps' Web site: http:// www.spl.usace.army.mil/regulatory/POLA.htm (scroll down to the links under China Shipping Project). In addition, the Final EIS/EIR, including the draft general conformity determination, is available at the following libraries: L.A. Public Library, Central Branch, 630 West 5th Street, Los Angeles, California; L.A. Public Library, San Pedro Branch, 921 South Gaffey Street, San Pedro, California; and L.A. Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California. Any comments received by the Corps and LAHD on the Final EIS/EIR or the included draft general conformity determination during the next 30 days will be considered fully before the Corps makes a final general conformity determination and finalizes the Record of Decision (ROD) for the Federal action associated with the Project. The Corps will publish a notice of a final general conformity determination in the Federal Register within 30 days of rendering a final decision. The public can request from the Corps copies of the ROD, which includes responses to comments on the Final EIS/EIR, including any on the draft general conformity determination, following publication of a final general conformity determination and upon execution of the ROD.
Naval Restricted Area, Port Townsend, Indian Island, Walan Point, WA
Document Number: E8-30590
Type: Rule
Date: 2008-12-23
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) is issuing a final rule to enlarge an existing restricted area within Port Townsend Bay, Indian Island, Walan Point, Washington. The purpose of the restricted area is to ensure the security and safety of the public, and satisfy security, safety and operational requirements as they pertain to naval vessels. The restricted area will be marked on navigation charts to ensure security and safety for the public.
Naval Restricted Area, Manchester Fuel Depot, Washington; and Naval Restricted Areas, Sinclair Inlet, WA
Document Number: E8-30588
Type: Rule
Date: 2008-12-23
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) is issuing a final rule establishing a restricted area within Puget Sound at Orchard Point, at the U.S. Navy Manchester Fuel Depot, near Manchester. The Corps is also amending an existing regulation for restricted areas within Sinclair Inlet at the Naval Base Kitsap-Bremerton and the Puget Sound Naval Shipyard, at the City of Bremerton, Kitsap County. The purpose of the new restricted area is to ensure the security and safety of the public, and satisfy security, safety and operational requirements as they pertain to naval vessels. The purpose of the amended restricted area is also to ensure the security and safety of the public, and satisfy security, safety and operational requirements as they pertain to naval vessels, in addition to releasing for unimpeded transit of Washington State Ferries the eastern most area of the established restricted area. The restricted areas will be marked on navigation charts to ensure security and safety for the public.
Notice of Availability of the Final 1999 Programmatic Environmental Impact Statement for the Dredged Material Management Plan for the Port of New York and New Jersey
Document Number: E8-30368
Type: Notice
Date: 2008-12-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The responsible lead agency is the U.S. Army Corps of EngineersNew York District (District). The Dredged Material Management Plan (DMMP) project area is in the Port of New York/New Jersey and includes the New York Bight Apex, the Lower Bay Complex (Lower Bay, Raritian and Sandy Hook Bays), the Upper Bay Complex (Hudson and East Rivers, Kill Van Kull, and Newark Bay), and the lands contiguous to these water bodies for a radius of approximately 20 miles. The study area approximates the boundaries of the Port Authority of New York and New Jersey (PANY/NJ). The Final Programmatic Environmental Impact Statement (PEIS) that was listed in the October 31, 2008 Federal Register (73 FR 64944) completed the NEPA process, laying out the goals and generic impacts of the alternatives considered in preparing the overall DMMP. This finalized PEIS includes Appendix (D) which lists the comments received during the draft PEIS comment period. Comments, if warranted, were incorporated into the main text of the final PEIS as well. It should be noted that the DMMP outlines a series of goals and an overall master plan on meeting the dredged material needs of the Port through 2062. Its alternatives analysis is, as of necessity, generic in nature, identifying potential concerns, generic impacts and overall issues to be considered in greater site-specific detail before implementing any alternative in a given location. As such, it does not recommend or prioritize any site-specific alternative, but clearly sets out the process to be followed should any of the alternatives be implemented. Since no sustentative changes or addition of new alternatives to the DMMP have been identified that would alter the discussion or conclusion of generic impacts in the FPEIS, a supplemental PEIS was not deemed warranted. However, separate 2005 and 2008 DMMP Update reports are available tracking the progress in meeting the DMMP goals and a copy of the latest update is included with the Final PEIS as Appendix A. As individual site-specific projects are initiated to implement various DMMP goals individual NEPA and/or permit documents will continue to be prepared by the implementing agencies.
Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Louisiana Coastal Area (LCA)-Louisiana, Terrebonne Basin Barrier Shoreline Restoration Project
Document Number: E8-30366
Type: Notice
Date: 2008-12-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Terrebonne Basin Barrier Shoreline Restoration Project. This restoration project will restore major reaches of the Terrebonne barrier islands chain. This SEIS will be tiered off of the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The record of decision for the programmatic EIS was signed on November 18, 2005.
Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Louisiana Coastal Area (LCA)-Louisiana, Medium Diversion at White's Ditch Feasibility Study
Document Number: E8-30360
Type: Notice
Date: 2008-12-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Medium Diversion at White's Ditch restoration project. This restoration project will provide additional freshwater, nutrients, and fine sediment to the area between the Mississippi River and River aux Chenes ridges. This area is currently isolated from the beneficial effects of the Caernarvon freshwater diversion. The introduction of additional freshwater would facilitate organic sediment deposition, improve biological productivity, and prevent further deterioration of the marshes. This SEIS will be tiered off of the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The record of decision for the programmatic EIS was signed on November 18, 2005.
Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Louisiana Coastal Area (LCA)-Louisiana, Convey Atchafalaya River Water to Northern Terrebonne Marshes Feasibility Study
Document Number: E8-30358
Type: Notice
Date: 2008-12-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Convey Atchafalaya River Water to Northern Terrebonne Marshes restoration project. This restoration project will increase existing Atchafalaya River influence to central (Lake Boudreaux) and eastern (Grand Bayou) Terrebonne marshes via the GIWW by introducing flow into the Grand Bayou Basin. This SEIS will be tiered off of the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The record of decision for the programmatic EIS was signed on November 18, 2005.
Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Louisiana Coastal Area (LCA)-Louisiana, Amite River Diversion Canal Modification Feasibility Study
Document Number: E8-30357
Type: Notice
Date: 2008-12-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Amite River Diversion Canal Modification restoration project. This restoration project will introduce additional nutrients and sediment into the western Maurepas Swamp to facilitate organic deposition in the swamp, improve biological productivity and prevent further swamp deterioration. This SEIS will be tiered off of the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The record of decision for the programmatic EIS was signed on November 18, 2005.
Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Louisiana Coastal Area (LCA)-Louisiana, Small Diversion at Convent/Blind River Project
Document Number: E8-30356
Type: Notice
Date: 2008-12-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Small Diversion at Convent/Blind River restoration project. This restoration project involves a small diversion (less than 5,000 cubic feet per second [cfs]) from the Mississippi River into the Blind River through a new control structure. This SEIS will be tiered off of the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The record of decision for the programmatic EIS was signed on November 18, 2005.
Intent To Prepare a Draft Environmental Impact Statement for the Proposed Balanced Vision Plan, a Multipurpose Project Containing Ecosystem Restoration, Flood Risk Management, and Recreational Enhancement Alternatives Along the Trinity River Within and Adjacent to the Existing Dallas Floodway in Dallas County, Dallas, TX
Document Number: E8-30355
Type: Notice
Date: 2008-12-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Fort Worth District, in partnership with the City of Dallas recommends the incorporation of various flood risk management measures, ecosystem restoration features, and recreational enhancements to the Dallas Floodway, located along the Trinity River in Dallas County, Dallas, TX. The Balanced Vision Plan (BVP) project aims to achieve the designed Standard Project Flood protection, maximize ecosystem restoration outputs for priority resource categories, and optimize recreational opportunities, to include providing trail connectivity to other regional visions/plans. The USACE is preparing a Draft Environmental Impact Statement (DEIS) in response to the authority contained in the United States Senate Committee on Environment and Public Works Resolution dated April 22, 1988, and Section 5141 of the Water Resources Development Act (WRDA) of 2007. The USACE must determine the technical soundness and environmental acceptability of the authorized project. Thus, in accordance with Section 102 of the National Environmental Policy Act (NEPA) as implemented by the regulations promulgated by the Council on Environmental Quality (40 Code of Federal Regulations Parts 1500-1508 and USACE Engineering Regulation 200-2-2), the USACE will prepare the DEIS to evaluate and compare flood risk management, ecosystem restoration, and recreation alternatives along the Trinity River within and adjacent to the existing Dallas Floodway, Dallas, TX. The BVP project study area is located within the Dallas Floodway along the Trinity River, in Dallas, TX. The study area is bounded on the upstream by the Loop 12 crossings of the West and Elm Forks and at the downstream end by the existing terminus of the Dallas Floodway approximated by the existing Dallas Area Rapid Transit (DART) Bridge. Of the 22.6 miles of levees within the study area, the East Levee is 11.7 miles in length and the West Levee is 10.9 miles in length. In addition to the levees, the Floodway includes the modified channel, six pumping plants and seven pressure conduits. There are approximately 1,422 acres of land in the study area.
Chief of Engineers Environmental Advisory Board
Document Number: E8-29732
Type: Notice
Date: 2008-12-16
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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 with emphasis on building collaborative partnerships, and the implementation of the Environmental Operating Principles. Date of Meeting: January 15, 2009. Place: Marines' Memorial Club and Hotel, 609 Sutter Street, San Francisco, CA Time: 9 a.m. to 12 p.m. Thirty minutes will be set side for public comment. Members of the public who wish to speak are asked to register prior to the start of the meeting. Registration will begin at 8:30. Statements are limited to 3 minutes.
Intent To Prepare a Draft Environmental Impact Statement for the Proposed Arboretum Project, in Rancho Cordova, Sacramento County, CA, Permit Application Number SPK-2007-00133
Document Number: E8-29730
Type: Notice
Date: 2008-12-16
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers, Sacramento District, (Corps) will prepare an Environmental Impact Statement (EIS) for The Arboretum project, a mixed-use residential and commercial development in Rancho Cordova, Sacramento County, CA. Lewis Operating Corp. has applied for a Department of the Army permit to fill approximately 31.78 acres of waters of the United States, including wetlands, to construct the project.
Notice of Intent To Prepare a Joint Environmental Impact Statement for Commercial Dredging of Construction Aggregate From the Missouri River in Missouri and Kansas
Document Number: E8-28826
Type: Notice
Date: 2008-12-05
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (COE) is preparing an Environmental Impact Statement (EIS) to analyze the direct, indirect, and cumulative effects of continued commercial dredging of sand and gravel from the Missouri River in Missouri and Kansas. The proposed dredging will occur in a navigable waterway and the portion of dredged material that is too coarse or too fine to be used will be discharged back into the river, thereby requiring Department of the Army (DA) authorization under Section 10 of the River and Harbors Act and Section 404 of the Clean Water Act. Commercial dredging in the Missouri River has been ongoing for more than 50 years but has increased from approximately 1.3 million tons per year in 1974 to approximately 8 million tons in 2006. The current DA permits for six Missouri River commercial dredging operations will expire December 31, 2009 and those six operations and four proposed operations have applied for new DA permits to dredge up to 12.435 million tons per year beginning in 2010.
Intent To Prepare a Draft Environmental Impact Statement for the West Shore-Lake Pontchartrain, Louisiana, Hurricane and Storm Damage Risk Reduction Feasibility Study
Document Number: E8-28823
Type: Notice
Date: 2008-12-05
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
This notice of intent (NOI) supersedes the NOI published in the Federal Register June 23, 1998 (63 FR 34151). The U.S. Army Corps of Engineers, New Orleans District (USACE) intends to prepare an environmental impact statement (EIS) for the West Shore-Lake Pontchartrain, Louisiana, Hurricane and Storm Damage Risk Reduction Feasibility Study. This study will determine the feasibility and assess the environmental impacts of providing hurricane and storm damage risk reduction measures in the study area. The study area is bounded by the Bonnet Carre Spillway to the east, the Mississippi River to the south, Lakes Pontchartrain and Maurepas to the north, and St. James Parish/ Ascension Parish line to the west.