Department of the Army, Corps of Engineers 2011 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers, Pittsburgh District (Corps), intends to prepare a draft Environmental Impact Statement (EIS) for the proposed Mason Dixon Mining Complex. The District Engineer is requiring an EIS to be prepared to assess the direct, indirect, and cumulative environmental, social, and economic effects that the issuance of a Department of the Army permit, under Section 404 of the Clean Water Act, may have related to discharges of dredge and fill material into Waters of the United States associated with the construction of the proposed Mason Dixon Mining Complex. The Corps will prepare the EIS in accordance with the National Environmental Policy Act of 1969 (NEPA), NEPA's implementing regulations and the applicable Corps' regulations.

The U.S. Army Corps of Engineers (Corps) is amending its restricted area/danger zone regulations to update and revise several existing danger zone and restricted area descriptions and restrictions, remove one existing restricted area and establish four new restricted areas within the Eglin Air Force Base (AFB) facilities and along the Eglin AFB facility shoreline in Florida. The Eglin AFB and Eglin Reservation span over 724 square miles with over 150 miles of waterway boundary. This amendment to the existing regulation is necessary to update Eglin AFB water safety and water boundary security in order to provide adequate protection to Eglin AFB personnel and resources in concert with changing mission goals and multi-service/agency special testing and operation needs.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) received a Department of the Army permit application from Westpark S.V. 400, LLC (Applicant) to fill approximately 9.6 acres of waters of the United States to construct the proposed Westbrook Project in Placer County, CA, in June 2011. The Corps, as the lead agency responsible for compliance with the National Environmental Policy Act (NEPA), determined that the proposed project may result in significant impacts to the environment, and that the preparation of an Environmental Impact Statement (EIS) is required. The Applicant proposes to implement a moderate scale, mixed-use, mixed-density master planned community. The Westbrook Project, as proposed, would include a mixture of land uses, including new residential neighborhoods, elementary school, parks and several neighborhood serving retail centers. The Westbrook Project would involve approximately 146 acres of low-density residential, 84 acres of medium-density residential 28 acres high-density residential and 43 acres of commercial land uses. Other proposed land uses include a 10- acre elementary school site, approximately 16 acres for three neighborhood parks, and approximately 37 acres of open space for the preservation of natural resources areas. The proposed project site is approximately 400 acres and contains approximately 13 acres of waters of the United States. The project, as proposed, would result in direct impacts to approximately 9.6 acres of waters of the United States. These acreages do not include indirect impacts from the proposed action or impacts anticipated to result from offsite infrastructure that may be determined to be required as part of the project through the Environmental Impact Statement (EIS) process.

The United States (U.S.) Army Corps of Engineers (Corps), in conjunction with the County of San Diego Department of Parks and Recreation (County Parks), is preparing a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the proposed San Elijo Lagoon Restoration Project (SELRP). The Corps will be lead agency under National Environmental Protection Act (NEPA) and County Parks will be the lead agency under the California Environmental Quality Act (CEQA). The development of the EIS/EIR and associated technical studies are being completed to determine the Agency Preferred Alternative, which would improve and/or restore wetland functions and services within the San Elijo Lagoon. Given the complexity of the alternatives analysis and range of potentially significant issues, the appropriate environmental document was determined by the Corps and County Parks to be a combined EIS/EIR, respectively. The Corps and the County Parks have agreed to jointly prepare the EIS/EIR to optimize efficiency and avoid duplication. The EIS/EIR is intended to be sufficient in scope to address federal, state, and local requirements for environmental analysis and permitting. Implementing the Agency Preferred Alternative would require a Department of the Army permit pursuant to Section 404 of the Clean Water Act, which regulates the discharge of dredged, excavated, or fill material in wetlands, streams, rivers, and other waters of the U.S. and the potential impacts on the human environment from such activities. To be authorized by the Corps, the Agency Preferred Alternative must also comply with the Section 404(b)(1) Guidelines (40 Code of Federal Regulations [CFR] Part 230) and may not be contrary to the public interest. Federal agencies coordinating in the development of the EIS include the U.S. Fish and Wildlife Service (Service), National Marine Fisheries Service (NMFS), and Environmental Protection Agency (EPA). State agencies coordinating in the development of the EIR include Department of Fish and Game (CDFG), California Coastal Commission (CCC), San Diego Regional Water Quality Control Board (RWQCB), State Water Resources Control Board, California Department of Transportation (Caltrans), and San Diego Association of Governments (SANDAG). The EIR/EIS is currently evaluating three alternative restoration designs, the No Project/No Action alternative, and associated maintenance and long-term management and maintenance measures. In addition, alternatives are being evaluated to determine if project phasing is necessary to maintain adequate habitat for sensitive aquatic species, including light footed clapper rail (Rallus longirostris levipes) and potentially western snowy plovers (Charadrius alexandrines nivosus) and California least terns (Sterna antillarum browni) . The study area encompasses approximately 960 acres within and adjacent to the Reserve, but final project size may vary, depending on the outcome of the alternatives analysis. Additional details and alternative designs are provided in Section 4. Should the project receive a permit, it is anticipated that construction of the SELRP would begin in fall 2014. The study area boundaries for the SELRP are generally defined to include publicly owned parcels where restoration activities could occur.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) received a complete Department of the Army permit application from Tsakopoulos Investments (applicant) to fill 39.81 acres of waters of the United States to construct the proposed Excelsior Estates Project in Sacramento County, CA, in June 2010. The Corps, as the lead agency responsible for compliance with the National Environmental Policy Act (NEPA), determined that the proposed project may result in significant impacts to the environment, and that the preparation of an Environmental Impact Statement (EIS) is required. The applicant proposes to construct a mixed-use community including residential, commercial, office, schools, parks and open space land uses. The residential component of the proposed community would include approximately 4,400 single- and multi-family units, varying in density. The proposed project would also involve 57 acres of commercial and office uses, as well as two elementary schools and a combined middle school and high school on 102 acres. A proposed community park would be constructed on 20 acres and three neighborhood parks would be constructed on 31 acres. The proposed project would also involve the preservation of 123 acres on the eastern portion of the site, containing Morrison Creek and adjacent wetlands. The applicant also proposes to construct approximately 30 acres of drainageways and greenbelts. Finally, the proposed project would involve the construction of on-site and off-site infrastructure, consisting of roads and utility lines, including road extensions along Keifer Boulevard, Excelsior Road and the Jackson Highway. The project site is approximately 862 acres and contains 39.81 acres of waters of the U.S. In addition, the site also contains 13.61 acres of isolated, intrastate waters that are not subject to Corps jurisdiction, which may contain suitable habitat for Federally listed threatened and/or endangered species. The proposed project would involve the discharge of fill material into approximately 28.77 acres of waters of the United States, and the preservation of 11.04 acres of waters of the U.S. The proposed project would also involve the placement of fill material into 13.61 acres of isolated waters. The proposed project may also have indirect impacts on other waters of the U.S.

The U.S. Army Corps of Engineers (Corps) is amending its regulations by modifying two existing danger zones that are located adjacent to the rifle range and pistol range at the U.S. Marine Corps Recruit Depot Parris Island in Beaufort County, South Carolina. The amendments include reformatting the regulations for clarity, modifying the boundaries of both danger zones, and modifying the hours of range operations from 6:30 a.m. to 5 p.m. to 6 a.m. to 5 p.m. Monday through Friday. These amendments will enhance the ability of the U.S. Marine Corps to provide for the safe operation of the existing rifle and pistol ranges.

The U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) has made a Final General Conformity Determination (GCD) and executed a Record of Decision (ROD) for the Final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) and a Section 404 Permit under the Clean Water Act for the Newhall Ranch Resource Management and Development Plan, Santa Clarita, California. This Notice serves as the Public Notice/Notice of Availability for the Final EIS/EIR ROD and the Final GCD. The Record of Decision for the Final EIS/EIR was signed on 31 August 2011. In June 2010, the Corps, in coordination with the California Department of Fish and Game (CDFG), completed and published a joint Final EIS/EIR and Draft GCD, pursuant to National Environmental Policy Act (NEPA) and section 176(c) of the Clean Air Act. The identified least environmentally damaging practicable alternative (LEDPA) in the ROD includes permanent impacts to 47.9 acres of waters of the United States, including 5.1 acres of wetlands, associated with discharges of fill material for bank protection to protect land development projects along water courses (including buried soil cement, buried gunite, grouted riprap, ungrouted riprap, and gunite lining); drainage facilities such as storm drains or outlets and partially lined open channels; grade control structures; bridges and drainage crossings; building pads; and water quality control facilities (sedimentation control, flood control, debris, and water quality basins). The LEDPA also includes temporary impacts to 35.3 acres of waters of the United States, including 11.8 acres of wetlands, associated with the construction of bank protection to protect land development projects along water courses (including buried soil cement, buried gunite, grouted riprap, ungrouted riprap, and gunite lining); utility crossings; activities associated with construction of a Water Reclamation Plant adjacent to the Santa Clara River and required bank protection; water quality control facilities (sedimentation control, flood debris, and water quality basins); regular and ongoing maintenance of all flood, drainage, and water quality protection structures and facilities on the RMDP site (such activities would include periodic inspection of structures and monitoring of vegetation growth and sediment buildup to ensure that the integrity of the structures is maintained and that planned conveyance capacity is present, routine repairs and maintenance of bridges and bank protection, and emergency maintenance activities); and temporary haul routes for grading equipment and geotechnical survey activities. As a Federal agency, the Corps prepared the Final GCD in compliance with Section 176(c) of the Clean Air Act and for the issuance of a Corps Section 404 Permit for the discharges of fill material into waters of the United States. Direct and indirect air emissions for all pollutants related to the Federal action are not below specified de minimis Federal thresholds (40 CFR 93.153(b)). On 31 August 2011, the Corps completed its environmental review and finalized the GCD, executed the ROD, and issued a provisional Section 404 Standard Individual Permit for the LEDPA. The Corps considered and responded to all comments received in finalizing the EIS/EIR, Final GCD, ROD, and issuing the provisional permit. The public can request copies of the Final General Conformity Determination document or the ROD from the Corps at the address listed below. In addition, copies of the Final General Conformity Determination document are available for review during the next 30 days at the following libraries: County of Los Angeles Newhall Branch, Castaic Branch, Sylmar Branch, Valencia Branch, and the County of Ventura Fillmore Branch.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division is 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 at Military Cutoff Road in New Hanover County to north of Hampstead along US 17, Pender County, NC (TIP Projects U-4751 and R-3300).

The U.S. Army Corps of Engineers (Corps) Mobile District Regulatory Division announces its intent to prepare an EIS to assess the potential environmental impacts associated with widening the existing Pascagoula Lower Sound/Bayou Casotte Federal Channel segment of Pascagoula Harbor (the Project). The proposed Project is a 100-foot- widening of the Lower Sound and Bayou Casotte Legs of the Pascagoula Harbor Channel, as well as limited widening of the northern portion of the Horn Island Pass Channel to facilitate the transition between the two channel segments. The Corps is considering the Jackson County Port Authority/Port of Pascagoula (Port) application for a Department of the Army permit under Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899, and Section 103 of the Marine Protection, Research, and Sanctuaries Act. A joint public notice for the Section 10 permit (SAM-2011-00389-PAH) was issued by the Corps on April 15, 2011.

In 2008, the Cordova Hills Ownership Group (applicant) submitted a Department of the Army permit application for the proposed Cordova Hills project. On June 18, 2008, the U.S. Army Corps of Engineers, Sacramento District (Corps) determined that the proposed project may result in significant impacts to the environment, and that the preparation of an Environmental Impact Statement (EIS) is necessary. A revised permit application was submitted by the applicant on March 15, 2011. The applicant proposes to implement a large-scale, mixed-use, mixed-density master planned community with an integrated university, neighborhood and regional commercial and residential uses and associated infrastructure. The proposed project consists of approximately: 1,000 acres of residential uses ranging from one dwelling unit per acre to 40 dwelling units per acres; 1,380,000 square feet of retail and commercial uses; 240 acres of private university campus; 635 acres of recreation areas, parks, natural avoided areas and open space corridors; 538 acres for on-site wetland and habitat avoidance, and; 18 miles of off-street/multi-use trails. The project site is approximately 2,688 acres and contains 89.106 acres of waters of the United States. The proposed project would involve the discharge of fill material into approximately 39.630 acres of waters of the United States, including vernal pools, seasonal wetlands, seeps, intermittent drainages, and stock ponds. The proposed project may also have have indirect impacts on other waters of the U.S.

This announces the availability of the Proposed Report of the Chief of Engineers and the Final Joint Environmental Impact Statement/ Environmental Impact Report (FEIS/R) which analyzes the potential environmental effects associated with the proposed action and alternatives for providing shoreline protection to approximately 3,412 feet ([ft], 1,040 meters [m]) of the San Clemente shoreline from coastal storms. Maintaining the beach is needed to prevent the beach erosion that results from winter storms and to prevent damage to adjacent commuter and national defense rail line that runs along the beach through the City. In addition, the loss of sand at the beach would have an impact on City beachfront structures and beach recreation, which contributes to the local economy, and would reduce the ecological functioning of the sand beach/littoral zone.

The District Commander of the Omaha District U.S. Army Corps of Engineers (Corps) has reviewed the ``Final Programmatic Environmental Impact Statement (PEIS) for the Mechanical and Artificial Creation and Maintenance of Emergent Sandbar Habitat (ESH) on the Riverine Segments of the Upper Missouri River'' and has made the decision to proceed with the implementation of an Adaptive Management Implementation Process (AMIP) (preferred alternative) with a construction ceiling of acres associated with Alternative 3.5. Specific details of the decision are captured in the Record of Decision (ROD) for this action. The ROD explains that the Corps will create and maintain ESH acres in the Fort Peck, Garrison, Fort Randall and Gavins Point River Segments, and the Lewis and Clark Lake Segment for the benefit of the Interior Population of the least tern (least tern) and the northern Great Plains piping plover (piping plover). The maximum potential acres of ESH to be created is approximately 4,370 acres total, with the following estimated maximum acres by reach: Fort Peck River, 565. Garrison River, 1,327. Fort Randall River, 212. Lewis & Clark Lake, 354. Gavins Point River, 1,913. The AMIP alternative best supports the needs of the birds while providing flexibility in program implementation that will help minimize environmental impacts as well as costs.

Pursuant to the National Environmental Policy Act of 1969, as amended, and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers (USACE) intends to prepare an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408), and Section 404 of the Clean Water Act (33 U.S.C. 1344), for the proposed Southport Sacramento River Early Implementation Project (EIP), sponsored by the West Sacramento Area Flood Control Agency (WSAFCA). Figures of the project area can be viewed at https:// www.cityofwestsacramento.org/city/flood. WSAFCA is planning the Southport Sacramento River EIP to implement flood-risk reduction measures along the Sacramento River South Levee in the City of West Sacramento, Yolo County, CA. The project reach extends along the right bank of the Sacramento River south of the barge canal, downstream approximately 6.4 miles to the South Cross Levee, protecting the Southport community of West Sacramento. The 3.3-square mile study area encompasses the area of levee improvement along the river corridor and the potential soil borrow sites. In order to implement the project, the sponsor must acquire permission from USACE to alter the Federal project under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408 or, Section 408). USACE also has authority under Section 404 of the Clean Water Act (33 U.S.C. 1344) over activities involving the discharge of dredged or fill material to waters of the United States, which are known to be in the project area. The project would bring the levee up to standard with Federal and state flood protection criteria, as well as providing opportunities for ecosystem restoration and public recreation. USACE, acting as the federal lead agency under NEPA, and WSAFCA, acting as the state lead agency under the CEQA in coordination with the Central Valley Flood Protection Board, have determined that an EIS/EIR should be prepared to describe alternatives, potential environmental effects, and mitigation measures.

The U.S. Army Corps of Engineers (Corps), Charleston District, intends to prepare a Draft Environmental Impact Statement (DEIS), for the Charleston Harbor Deepening Study (Post-45 study). The purpose of this DEIS and feasibility study is to investigate modification of the existing Charleston Harbor project in the interest of navigation improvements.

The U. S. Army Corps of Engineers, Omaha District, Regulatory Branch is notifying interested parties that it has terminated the process to develop a Draft Environmental Impact Statement (DEIS) and has withdrawn the Section 404 Clean Water Act permit application for the proposed `Regional Watershed Supply Project' submitted in 2008 by a private water development entity known as Million Conservation Resource Group (MCRG). The original Notice of Intent to Prepare an EIS was published in the Federal Register on Friday, March 20, 2009 (74 FR 11920), with subsequent amended announcements on May 8, 2009 (74 FR 21665) and August 11, 2009 (74 FR 40171).

In the May 20, 2011 issue of the Federal Register (76 FR 98:29218-29219), the U.S. Army Corps of Engineers (Corps) published its intent to prepare a DEIS to identify and analyze the potential impacts associated with the proposed Foothills West Transportation Access Project (Foothills Project). In that notice, the Corps stated the scoping comment period was to end on July 5, 2011. Instructions for submitting comments are provided in the May 20, 2011, Federal Register notice. In response to several requests, the Corps has decided to extend the initial scoping comment period to July 26, 2011.

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: Board on Coastal Engineering Research. Date of Meeting: July 26-28, 2011. Place: Crowne Jewel Ballroom, Sheraton At The Falls, 300 Third Street, Niagara Falls, NY 14303. Time: 8 a.m. to 3:15 p.m. (July 26, 2011); 8 a.m. to 5:30 p.m. (July 27, 2011); 7:30 a.m. to 11:30 p.m. (July 28, 2011).

In accordance with 37 CFR 404.7(a) (1) (i), announcement is made of a prospective partially exclusive license of the following U.S. Patent Application 12/365,698 Filed February 04, 2009 (published on Aug. 5, 2010 with Pub. No. US 2010/0193398 A1) to Hummingbird Scientific, Inc for achieving commercial sales of a reusable sample holding device permitting ready loading of very small wet samples for use with high resolution imaging systems of various types, to include those requiring a vacuum environment.

The U.S. Army Corps of Engineers, Sacramento District (Corps), will prepare an Environmental Impact Statement (EIS) for the proposed Kennecott Utah Copper Tailings Expansion Project, an expansion of an active commercial mining operation near Magna, Salt Lake County, UT. Kennecott Utah Copper LLC (KUC) has applied for a Department of the Army (DA) permit to fill approximately 721 acres of waters of the United States, including wetlands, to construct the project. The basic project purpose is surface mining. The overall project purpose is to increase tailings storage capacity for future mine life extensions.

The Combined Operational Plan (COP) is an integrated operational plan for Water Conservation Area 3 (WCA-3), Everglades National Park (ENP) and the South Dade Conveyance System (SDCS), that includes the completed modifications of the Central and Southern Florida (C&SF) Project as described by the Modified Waters Deliveries to Everglades National Park and the Canal-111 South Dade (C-111SD) projects. The purpose of COP is to define water management operations for the completed MWD and C-111SD projects that are consistent with their respective project purposes as defined by their authorizing legislation and further refined by their respective general design memorandum (GDM) and general reevaluation report (GRR). This integrated operational plan will complete the MWD project.

The U.S. Army Corps of Engineers (Corps), Baltimore and Norfolk Districts published a notice of intent (NOI) (74 FR 47927) for the Chesapeake Bay Oyster Recovery, MD and VA study on September 18, 2009. That NOI announced that the Corps Baltimore and Norfolk Districts would prepare a single, integrated Native Oyster Restoration Master Plan (master plan) and programmatic environmental impact statement (PEIS) for native oyster recovery in the entire Chesapeake Bay (inclusive of both Maryland and Virginia) and that the document would be tiered to the Programmatic EIS for Oyster Restoration in Chesapeake Bay Including the Use of a Native and/or Nonnative Oyster. In August 2009, the record of decision for Oyster Restoration in Chesapeake Bay including the Use of a Native and/or Non-Native Species was signed. The preferred alternative identified in the 2009 PEIS recommends ``using a combination of alternatives that involves only the native Eastern oyster (Crassostrea virginica).'' Consistent with the preferred alternative, the Corps will expand upon and further develop plans and recommendations for Chesapeake Bay native oyster restoration in the master plan. However since the master plan will not be identifying site-specific construction areas for restoration and the larger issue of oyster restoration Bay-wide, has been reviewed, a PEIS for the master plan is no longer warranted. Therefore, the Corps is withdrawing its NOI to prepare a PEIS.

The U.S. Army Corps of Engineers is amending its regulations to establish a restricted area in the waters of the Menominee River at the Marinette Marine Corporation Shipyard in Marinette, Wisconsin. The restricted area is necessary to provide adequate protection of U.S. Navy combat vessels, their materials, equipment to be installed therein, and crew, while located at the property of Marinette Marine Corporation.

In accordance with the National Environmental Policy Act of 1969, as amended, the U.S. Army Corps of Engineers intends to file a Final Programmatic Environmental Impact Statement (FPEIS) for the Mechanical and Artificial Creation and Maintenance of Emergent Sandbar Habitat on the Riverine Segments of the Upper Missouri River with the U.S. Environmental Protection Agency. The FEIS is available for final public review. Details on the proposed action, location and areas of environmental concern addressed in the FPEIS are provided below under SUPPLEMENTARY INFORMATION.

The Alaska District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to identify and analyze the potential impacts associated with the proposed Foothills West Transportation Access Project (Foothills Project). The Corps is the lead Federal agency; the Bureau of Land Management (BLM) and the Alaska Department of Natural Resources (ADNR) are participating as cooperating agencies in the DEIS development process. The Corps will be evaluating a permit application for work under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The Environmental Impact Statement (EIS) will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective partially exclusive license of the following U.S. Patent Application 12/243,708 Filed October 01, 2008 to Nereus Environmental LLC for use in soils and water remediation within the environmental remediation services industry.