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

Chief of Engineers Environmental Advisory Board; Meeting
Document Number: 2011-33223
Type: Notice
Date: 2011-12-28
Agency: Department of Defense, Department of the Army, Corps of Engineers
In accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Date: January 19, 2012. Time: 9 a.m. through 12 p.m. Location: U.S. Government Accountability Office Building, 441 G Street Northwest, Washington, DC 20548-0002 (202) 512-6000. Agenda: The Board will advise the Chief of Engineers on environmental policy, identification and resolution of environmental issues and missions, and addressing challenges, problems and opportunities in an environmentally sustainable manner. Discussions and presentations during this meeting will focus on ecosystem restoration through integrated water resources management, including discussion of the potential effects of climate change. Following the discussions and presentations there will be a public comment period.
Intent To Prepare a Draft Environmental Impact Statement Regarding the Wolfpen Knob Development Company's Proposed Mason Dixon Mining Complex, a Deep Coal Mine, Located 1.3 Miles Northwest of Wadestown, in the Battelle District of Monongalia County, WV
Document Number: 2011-31873
Type: Notice
Date: 2011-12-13
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
United States Navy Restricted Area, SUPSHIP Bath Maine Detachment Mobile at AUSTAL, USA, Mobile, AL; Restricted Area
Document Number: 2011-31018
Type: Proposed Rule
Date: 2011-12-02
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is proposing to amend an existing restricted area to reflect changes in responsible parties for the restricted area around the AUSTAL, USA shipbuilding facility located in Mobile, Alabama. The Supervisor of Shipbuilding, Conversion and Repair, United States Navy (USN), Gulf Coast (SUPSHIP Gulf Coast) assumed the duties of administering new construction contracts at AUSTAL USA in Mobile, Alabama, on October 9, 2011, replacing Supervisor of Shipbuilding, Conversion, and Repair, USN, Bath (SUPSHIP Bath). Therefore, the Department of the Navy has requested an amendment to the regulation to reflect the change in responsible parties. There are no other changes proposed for this restricted area.
Restricted Areas and Danger Zones at Eglin Air Force Base, FL
Document Number: 2011-31017
Type: Rule
Date: 2011-12-02
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
Intent To Prepare an Environmental Impact Statement for the Central Everglades Planning Project, Okeechobee, Glades, Martin, Palm Beach, Broward, Miami-Dade and Monroe Counties, FL
Document Number: 2011-31010
Type: Notice
Date: 2011-12-02
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Everglades ecosystem encompasses a system of diverse wetland landscapes that are hydrologically and ecologically connected across more than 200 miles from north to south and across 18,000 square miles of southern Florida. In 2000, the U.S. Congress authorized the Federal government, in partnership with the State of Florida, to embark upon a multi-decade, multi-billion dollar Comprehensive Everglades Restoration Plan (CERP) to further protect and restore the remaining Everglades ecosystem while providing for other water-related needs of the region. CERP involves modification of the existing network of drainage canals and levees that make up the Central and Southern Florida Flood Control Project. Since 2000, much progress has been made. Construction has begun on the first generation of CERP project modifications already authorized by Congress. These include the Picayune Strand Restoration, the Indian River Lagoon South and Site 1 Impoundment projects. Project Implementation Reports have been completed, or are nearing completion, for the second generation of CERP projects for Congressional authorization, including Biscayne Bay Coastal WetlandsPhase 1, the Broward County Water Preserve Areas, the Caloosahatchee River (C-43) West Basin Storage Reservoir, and the C-111 Spreader Canal Western Project. All of these CERP projects utilize lands that were acquired by the State and Federal government to meet CERP goals of increasing the extent of wetlands, reducing damaging freshwater discharges to the coastal estuaries, and reducing seepage losses from the natural system. These projects contribute significant ecological benefits to the system and the specific regional habitats in which they are located. These initial CERP projects were intended to provide initial and immediate ecological benefits and set the conditions along the margins of the system that help ensure increased water flows to the interior of the system will not cause adverse effects. The next step for implementation of CERP is to redirect water that is currently discharged to the east and west coast estuaries from Lake Okeechobee and restore water flow to the south, allowing for restoration of natural habitat conditions and water flow in the central Everglades and re-connecting the ecosystem from Lake Okeechobee to Everglades National Park and Florida Bay. The Central Everglades Planning Project will develop the initial increment of project features that provide for storage, treatment and conveyance south of Lake Okeechobee, removal of canals and levees within Water Conservation Area 3 and seepage management features to retain water within the natural system. The CERP projects identified to accomplish this include the Everglades Agricultural Storage Reservoirs, Water Conservation Area 3 Decompartmentalization and Sheetflow Enhancement, Everglades National Park (ENP) Seepage Management, and Everglades Rain-Driven Operations. These projects make up the heart of CERP aimed at restoring more natural quantity, quality, timing and distribution of water flows to the remaining portions of the river of grass. An integrated study effort on these projects is needed to set the direction for the next decade of CERP implementation.
Intent To Prepare an Environmental Impact Statement for the Proposed Westbrook Project, Corps Permit Application Number SPK-2005-00938
Document Number: 2011-30088
Type: Notice
Date: 2011-11-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
USACE's Plan for Retrospective Review Under E.O. 13563
Document Number: 2011-29633
Type: Proposed Rule
Date: 2011-11-16
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) is seeking public input on its plan to retrospectively review its Regulations implementing the USACE Regulatory Program at 33 CFR parts 320-332 and 334. Executive Order 13563, ``Improving Regulation and Regulatory Review'' (E.O.), issued on January 18, 2011, directs Federal agencies to review existing significant regulations and identify those that can be made more effective or less burdensome in achieving regulatory objectives. The Regulations are essential for implementation of the Regulatory mission; thus, USACE believes they are a significant rule warranting review pursuant to E.O. 13563. The E.O. further directs each agency to periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives. Section 404(e) of the Clean Water Act authorizes USACE to development general permits, including nationwide permits (NWPs), for minor activities in waters of the U.S. for a period of five years. Accordingly, every five years, USACE undergoes a reauthorization process for the NWP program and includes public notice and provides an opportunity for public hearing. Comments for the NWP program are submitted during the reauthorization process. Therefore, USACE is currently complying with the E.O. 13563 direction to periodically review its existing significant regulations. Other regulations will be reviewed on an as-needed basis in accordance with new laws, court cases, etc.
Notice of Intent To Prepare a Draft Environmental Impact Statement/Environment Impact Report (DEIS/DEIR) for a Permit Application for the Proposed San Elijo Lagoon Restoration Project, City of Encinitas, San Diego County, CA
Document Number: 2011-28741
Type: Notice
Date: 2011-11-07
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
Notice of Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/DEIR) for a Permit Application for a Proposed Aggregate Terminal Project on Pier D in the Port of Long Beach, Los Angeles County, CA
Document Number: 2011-26660
Type: Notice
Date: 2011-10-14
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) is considering a permit application from Eagle Rock Aggregates, Inc., a division of Polaris Minerals Corporation, to develop an aggregate receiving and storage terminal on privately held land within the Port of Long Beach (Port). The Proposed Action would be subject to the Corps permitting authority under Section 10 of the River and Harbors Act and include the following in-water and land-based elements: dredging, wharf improvements, installation of truck scales and conveyor system for aggregate. The primary Federal concerns are the dredging and wharf improvements within waters of the United States and the potential impacts to the natural and human 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 Proposed Action, or permit or deny alternatives to the Proposed Action. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as the lead agency for the preparation of an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port have agreed to jointly prepare a DEIS/DEIR in order to optimize efficiency and avoid duplication. The DEIS/DEIR 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.
Intent To Prepare a Draft Environmental Impact Statement for the Proposed Excelsior Estates Project in Sacramento County, CA, Corps Permit Application Number SPK-2004-00790
Document Number: 2011-26587
Type: Notice
Date: 2011-10-14
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) 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.
Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia; Danger Zone
Document Number: 2011-26198
Type: Proposed Rule
Date: 2011-10-11
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia. The National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility conducts rocket-launching operations. The proposed amendment is necessary to protect the public from hazards associated with the rocket-launching operations. The proposed amendment would increase the danger zone to a 30 nautical mile sector.
Archers Creek, Ribbon Creek, and Broad River; U.S. Marine Corps Recruit Depot, Parris Island, SC; Danger Zone
Document Number: 2011-26195
Type: Rule
Date: 2011-10-11
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Haile Gold Mine in Lancaster County, SC
Document Number: 2011-25140
Type: Notice
Date: 2011-09-29
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers, Charleston District intends to prepare a Draft Environmental Impact Statement (DEIS) to assess the potential social, economic and environmental effects of the proposed construction and operation of a gold mine in order to extract and process gold from the Haile ore body in wetlands and streams associated with Haile Gold Mine Creek, by Haile Gold Mine, Inc. (Haile) in the vicinity of Kershaw, in Lancaster County, South Carolina. The DEIS will assess potential effects of a range of alternatives.
Notice of Availability of the Record of Decision for the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) and the Final General Conformity Determination for the Newhall Ranch Resource Management and Development Plan, Santa Clarita, CA
Document Number: 2011-24509
Type: Notice
Date: 2011-09-23
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Notice of Availability for the Draft Environmental Impact Statement/Environmental Impact Report for Proposed Marine Terminal Development at Pier S and Back Channel Navigational Safety Improvements in the Port of Long Beach, Los Angeles County, CA
Document Number: 2011-24507
Type: Notice
Date: 2011-09-23
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Long Beach, has completed a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/DEIR) for the Pier S Marine Terminal and Back Channel Improvement Project, encompassing approximately 210 acres of land and water. The development of Pier S and Back Channel improvements would result in an approximately 160-acre marine container terminal, and would include the following elements: Property acquisition; dredging, wharf construction, other waterside improvements, and container cranes; container yard and associated structures; terminal buildings and other structures; truck gates, associated structures, and roadwork; intermodal rail yard, structures, and dual rail lead; and utility and oil facility relocation. Construction duration is estimated at 22 months. The Port of Long Beach requires authorization pursuant to Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act, to implement various regulated activities in and over waters of the U.S. associated with developing Pier S. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as Lead Agency for the preparation of an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port have agreed to jointly prepare a DEIS/DEIR in order to optimize efficiency and avoid duplication. The DEIS/DEIR is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals.
Notice of Availability of a Draft Environmental Impact Statement in Cooperation With the North Carolina Department of Transportation for Improvements to the US 17 and Market Street (US 17 Business) Corridor in Northern New Hanover and Southern Pender Counties, NC
Document Number: 2011-24485
Type: Notice
Date: 2011-09-23
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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).
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Puyallup River General Investigation Study, Pierce County, WA
Document Number: 2011-24484
Type: Notice
Date: 2011-09-23
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The Seattle District, U.S. Army Corps of Engineers (USACE) will prepare a Draft Environmental Impact Statement (DEIS) pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, for a proposed flood-risk management project in the Puyallup River Basin including the Puyallup River downstream of Electron Dam to Commencement Bay, the Carbon River and the White River downstream of Mud Mountain Dam. This study was requested by Pierce County (the local sponsor), Washington, because of the potential for significant flooding within the Puyallup River Basin. A DEIS is being prepared because of the potential for impacts on environmental resources, particularly salmonid habitat, and the intense public interest already demonstrated in addressing the flooding problems of the Puyallup, Carbon and White Rivers. The Puyallup River General Investigation (GI) DEIS for the Puyallup River Basin is being conducted under the authority of Section 209 of the Flood Control Act of 1962, Public Law 87-874. That section authorized a comprehensive study of Puget Sound, Washington, and adjacent waters including tributaries, in the interest of flood control, navigation, and other water uses and related land resources.
Intent to Prepare an Environmental Impact Statement (EIS) for a Permit Application for Widening of Bayou Casotte and Lower Sound Channels of the Pascagoula Harbor Channel, in the Port of Pascagoula, Jackson County, Mississippi
Document Number: 2011-23994
Type: Notice
Date: 2011-09-19
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Draft Environmental Impact Statement for a Proposed Highway Between Bush, LA and I-12 in St. Tammany Parish, LA
Document Number: 2011-23085
Type: Notice
Date: 2011-09-09
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Draft Environmental Impact Statement (DEIS) has been completed and is available for review and comment.
Intent to Prepare a Draft Environmental Impact Statement for the Proposed Cordova Hills Project in Sacramento County, CA, Corps Permit Application Number SPK-2004-00116
Document Number: 2011-22392
Type: Notice
Date: 2011-09-01
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Request for Comments on the Notice of Intent To Prepare a Draft Environmental Impact Statement for the Skagit River General Investigation Study (Previously Advertised as the Skagit River Flood Damage Reduction Study), Skagit County, WA
Document Number: 2011-22389
Type: Notice
Date: 2011-09-01
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The Corps of Engineers is extending the comment period for the Notice of Intent (NOI) to prepare a Draft Environmental Impact Statement for the Skagit River General Investigation Study (previously advertised as the Skagit River Flood Damage Reduction Study), Skagit County, Washington. This extension will provide interested persons with additional time to prepare comments on the NOI.
Availability of the Proposed Report of the Chief of Engineers and the Final Joint Environmental Impact Statement/Environmental Impact Report Within the City of San Clemente Extending 3,412 ft (1,040 m) From Linda Lane to T Street
Document Number: 2011-22386
Type: Notice
Date: 2011-09-01
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Notice of Intent To Prepare a Joint Supplemental Environmental Impact Statement and Environmental Impact Report for the Folsom Dam Modification Project, Approach Channel.
Document Number: 2011-22383
Type: Notice
Date: 2011-09-01
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The action being taken is the preparation of a joint supplemental environmental impact statement/environmental impact report (EIS/EIR) for the Folsom Dam Modification, Approach Channel Project. The EIS/EIR will be prepared in accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The U.S. Army Corps of Engineers (USACE) will serve as lead agency for compliance with NEPA, and the State of California Central Valley Flood Protection Board (CVFPB) will serve as lead agency for compliance with CEQA. The Folsom Dam Modification Project, Approach Channel will evaluate alternatives, including a locally preferred plan, for providing dam safety and flood damage reduction at Folsom Dam located downstream from the confluence of the North and South Forks of the American River near the city of Folsom, California.
Notice of Availability of the Record of Decision on the Final Programmatic Environmental Impact Statement for the Mechanical and Artificial Creation and Maintenance of Emergent Sandbar Habitat in the Riverine Segments of the Upper Missouri River, Missouri River Basin, United States
Document Number: 2011-21894
Type: Notice
Date: 2011-08-26
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Larose to Golden Meadow Hurricane Protection Project, Post-Authorization Change Study, in Lafourche Parish, LA
Document Number: 2011-21881
Type: Notice
Date: 2011-08-26
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (USACE) intends to prepare a supplemental environmental impact statement (SEIS) for the Larose to Golden Meadow Hurricane Protection Project, Post-Authorization Change (PAC) Study. This project was originally authorized in 1965. Construction began in 1972 and is still underway. The PAC Study was initiated to identify and evaluate modifications needed to ensure that completion of project features, designed and constructed before development of the post-Katrina Hurricane and Storm Damage Risk Reduction System (HSDRRS) Design Guidelines, are in compliance with these new guidelines. The subject SEIS will supplement the original environmental impact statement (EIS) prepared for the project as authorized in 1965. The Statement of Findings for the original EIS was signed on April 4, 1975. An SEIS was subsequently prepared to address proposed modifications to the authorized plan. The Record of Decision for this first SEIS was signed on May 20, 1985.
Notice of Intent To Prepare an Environmental Impact Statement/Environmental Impact Report for the Section 408 Permission for the Southport Sacramento River Early Implementation Project, West Sacramento, CA
Document Number: 2011-21878
Type: Notice
Date: 2011-08-26
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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 http:// 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.
Notice of Availability for the Draft Environmental Impact Statement/Environmental Impact Report for a Permit Application for the Proposed Salton Sea Species Conservation Habitat Project at the Salton Sea, in Imperial County, CA
Document Number: 2011-21239
Type: Notice
Date: 2011-08-19
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the California Natural Resources Agency, has completed a Draft Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the Salton Sea Species Conservation Habitat (SCH) Project. The Natural Resources Agency is requesting a permit from the Corps of Engineers to discharge dredged or fill material into the Salton Sea, a water of the United States subject to the Corps jurisdiction under section 404 of the Clean Water Act, including permanent impacts up to 24 acres and temporary impacts up to 1,760 acres for the construction of up to 3,770 acres of shallow ponds and associated infrastructure at the southern end of the Salton Sea in Imperial County, California. Compared to existing conditions, the SCH Project would result in a net increase in the extent of jurisdictional aquatic resources by up to 1,986 acres because the ponds would restore such resources located between elevation -228 feet and -231 feet previously lost by the receding Sea. Draft EIS/EIR Comment Process. In an effort to follow sustainable business practices, the Draft EIS/EIR can be downloaded in electronic format from the Natural Resources AgencyDepartment of Water Resources' Web site: http://www.water.ca.gov/ saltonsea/. A hardcopy of the Draft EIS/EIR and documents referenced in the Draft EIS/EIR can be viewed at the following location: California Department of Fish and Game, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. In addition, the hardcopy Draft EIS/EIR can be viewed at the following public locations: Brawley Public Library, 400 Main Street, Brawley, CA 92227; Calipatria Public Library, 225 West Main Street, Calipatria, CA 92233; Imperial Public Library, 200 West 9th Street, Imperial, CA 92251; El Centro Public Library, 375 South 1st Street, El Centro, CA 92243; Imperial County Free Library, 2098 Frontage Road, Salton City, CA 92275; Mecca-North Shore Public Library, 91-260 Avenue 66, Mecca, CA 92254; and Coachella Branch Library, 1538 7th Street, Coachella, CA 92236. The Corps and the Natural Resources Agency invites interested parties to attend one of the jointly held public hearings to provide the agencies with their views and comments on the Draft EIS/EIR. Comments on the content of the Draft EIS/EIR by Federal, State, and local agencies, affected Indian tribes, and other interested organizations and persons are encouraged and will be considered by the Corps and the Natural Resources Agency and become part of the administrative record for the Corps' decision. The public hearings will be held at: 1. CalipatriaSeptember 14, 2011 at 1 P.M. at the Calipatria Inn and Suites, 700 North Sorenson Avenue, Calipatria, CA 92233. 2. BrawleySeptember 14, 2011 at 6 P.M. at Elks Lodge 1420, 161 South Plaza, Brawley, CA 92227. 3. Palm Desert September 15, 2011 at 1 P.M. at the University of California, 75-080 Frank Sinatra Drive, Room B200, Palm Desert, CA 92211. In order for the Corps and the Natural Resources Agency to more accurately process and respond to comments, an online e-form is provided on the Natural Resources AgencyDepartment of Water Resources' Web site http://www.water.ca.gov/saltonsea/ and is the preferred method of receiving comments from interested parties. Alternatively, written comment letters can be provided directly to Ms. Lanika Cervantes or Mr. David Elms at the addresses listed below.
Intent To Prepare a Draft Environmental Impact Statement (DEIS) for a Study on the Feasibility of Deepening Charleston Harbor
Document Number: 2011-20518
Type: Notice
Date: 2011-08-12
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Skagit River General Investigation Study (Previously Advertised as the Skagit River Flood Damage Reduction Study), Skagit County, WA
Document Number: 2011-19208
Type: Notice
Date: 2011-07-29
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Seattle District, U.S. Army Corps of Engineers (USACE) will prepare a Draft Environmental Impact Statement (DEIS) pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, for a proposed flood-risk management project in the Skagit River Basin from Ross Dam to the river mouth at Skagit Bay. This study was requested by Skagit County, Washington, because of the potential for significant flooding on the Skagit River. A DEIS is being prepared because of the potential for impacts on environmental resources, particularly salmonid habitat, and the intense public interest already demonstrated in addressing the flooding problems of the Skagit River. The Skagit River General Investigation (GI) DEIS for the Skagit River Basin is being conducted under the authority of Section 209 of the Flood Control Act of 1962, Public Law 87-874. That section authorized a comprehensive study of Puget Sound, Washington, and adjacent waters including tributaries, in the interest of flood control, navigation, and other water uses and related land resources. This notice of intent (NOI) was originally published in the Federal Register on November 20, 1997 for the Skagit River Flood Damage Reduction Study (62 FR 62019). A public meeting was held and comments were solicited from the public. Due to the amount of time that has lapsed since the issuance of the original NOI, USACE is reissuing the NOI.
Termination of the Environmental Impact Statement (EIS) for the Proposed Regional Watershed Supply Project in Wyoming and Colorado
Document Number: 2011-18523
Type: Notice
Date: 2011-07-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
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).
EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act
Document Number: 2011-16617
Type: Notice
Date: 2011-07-05
Agency: Department of Defense, Environmental Protection Agency, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
On May 2, 2011, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) announced availability of draft guidance (76 FR 24479) that describes how the agencies will identify waters protected by the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or CWA or Act) and implement the Supreme Court's decisions on this topic (i.e., Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) (531 U.S. 159 (2001)) and Rapanos v. United States (547 U.S. 715 (2006)) (Rapanos)). The comment period was originally set to expire on July 1, 2011, and the agencies are extending the public comment period by 30 days.
Process To Prepare a Draft Environmental Impact Statement (DEIS) for the Alaska Department of Transportation & Public Facilities Foothills West Transportation Access Project
Document Number: 2011-16543
Type: Notice
Date: 2011-07-01
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Intent To Prepare a Draft Environmental Impact Statement for the Currituck Sound Ecosystem Restoration Feasibility Study
Document Number: 2011-16292
Type: Notice
Date: 2011-06-29
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (USACE) intends to prepare a Draft Environmental Impact Statement (DEIS) for the Currituck Sound Ecosystem Restoration Feasibility Study. The feasibility study is a cost-shared effort, being conducted in partnership with the North Carolina Division of Water Resources (NCDWR), to recommend Federal actions for ecosystem restoration in Currituck Sound. The study is taking a watershed perspective to develop and evaluate alternatives to restore and enhance ecosystem resources in a holistic, collaborative manner, and to ensure full participation of all stakeholders. Significant environmental resources to be addressed during project studies and in the DEIS include, but are not limited to: (1) Endangered and threatened species; (2) Marine and estuarine resources; (3) Fish and wildlife and their habitats, including essential fish habitat; (4) Water quality; (5) Socioeconomic resources; and (6) Cultural resources. Efforts will be made to enhance resource conditions and minimize adverse impacts. The lead Federal agency for this study is the USACE, Wilmington District. As stated above, the NCDWR is the lead State agency and a full cost-sharing partner in the conduct of this study. The DEIS is being prepared in accordance with the requirements of the National Environmental Policy Act (NEPA) of 1969, as amended, and will address the relationship of the proposed action to all other applicable Federal and State Laws and Executive Orders. The DEIS is currently scheduled for distribution to the public February 2012.
Board on Coastal Engineering Research
Document Number: 2011-15901
Type: Notice
Date: 2011-06-24
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: 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).
Archers Creek, Ribbon Creek, and Broad River; U.S. Marine Corps Recruit Depot, Parris Island, SC; Danger Zone
Document Number: 2011-15091
Type: Proposed Rule
Date: 2011-06-17
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations for 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. These danger zones were established in the 1960s. The proposed amendments include reformatting the existing regulations for clarity, modifying the boundaries of the 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.
Notice of Intent to Grant Partially Exclusive License of the United States Patent Application No. 12/365,698, “Reusable Sample Holding Device Permitting Ready Loading of Very Small Wet Samples,” Filed Feb 4, 2009
Document Number: 2011-15084
Type: Notice
Date: 2011-06-17
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Notice of Availability of a Final General Conformity Determination and Record of Decision for the San Pedro Waterfront Project, Port of Los Angeles, Los Angeles County, CA
Document Number: 2011-14587
Type: Notice
Date: 2011-06-13
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
In September 2009, the Los Angeles District of the U.S. Army Corps of Engineers (Corps) and the Los Angeles Harbor Department published a joint final Environmental Impact Statement/Environmental Impact Report (EIS/EIR), including the Corps' draft general conformity determination (Section 3.2 and Appendix D.7), for the Federal action associated with the San Pedro Waterfront Project (Project) in the Port of Los Angeles, Los Angeles County, California. Comments were received on the final EIS/EIR and included draft general conformity determination until October 29, 2009. A general conformity determination was necessary because Project construction would require Federal action (i.e., issuance of a Corps permit for work and structures in and over navigable waters, discharges of fill into waters of the U.S., and transport and disposal of dredged material in ocean waters) and not all the Federal action's direct and indirect emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). On May 9, 2011 and May 11, 2011, the Corps made a final general conformity determination and completed its environmental review and executed the Record of Decision (ROD), respectively, for the Federal action associated with the Project. The Corps considered and responded to all comments received in making the final general conformity determination and executing the ROD. The public can request copies of the final general conformity determination document or the ROD from the Corps at the address listed below, or can view or download the final general conformity determination document from the Corps' Web site (http:// www.spl.usace.army.mil/regulatory/POLA.htm, scroll down to the link under San Pedro Waterfront [formerly Bridge to Breakwater]) or the Port of Los Angeles' Web site (http://www.portoflosangeles.org/environment/ public_notices.asp, scroll down to link under San Pedro Waterfront Project). In addition, copies of the final general conformity document are available for review during the next 30 days at the following libraries: L.A. Public Library, Central Branch, 630 West 5th Street, Los Angeles California; L.A. Public Library, San Pedro Branch, 931 South Gaffey Street, San Pedro, California; and L.A. Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California.
Intent To Prepare a Draft Environmental Impact Statement for the Proposed Kennecott Utah Copper LLC Tailings Expansion Project, Near Magna, Salt Lake County, UT, Permit Application Number SPK-2009-1213
Document Number: 2011-14560
Type: Notice
Date: 2011-06-13
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 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.
Notice of Availability of the Draft Environmental Impact Statement for the St. Lucie South Beach and Dune Restoration Project Located in St. Lucie County, Florida
Document Number: 2011-13836
Type: Notice
Date: 2011-06-03
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Draft Environmental Impact Statement (DEIS) has been completed and is available for review and comment.
Intent To Prepare an Environmental Impact Statement for the Combined Operational Plan, Miami-Dade County, FL
Document Number: 2011-13348
Type: Notice
Date: 2011-05-31
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
Notice of Availability of Final Environmental Impact Statement for the Proposed Folsom South of U.S. Highway 50 Specific Plan Project, in Sacramento County, CA, Corps Permit Application No. SPK-2007-02159
Document Number: 2011-13050
Type: Notice
Date: 2011-05-26
Agency: Department of Defense, Department of the Army, Corps of Engineers
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Sacramento District has prepared a Final Environmental Impact Statement (FEIS) for the Folsom South of U.S. Highway 50 Specific Plan Project, a proposed master-planned, mixed use development within southeastern Sacramento County. On July 2, 2010, USACE published a notice in the Federal Register (75 FR 38500), informing the public of the availability of the Draft Environmental Impact Statement (DEIS) that analyzes the potential effects of implementing each of six (6) on-site land-use and eleven (11) off-site water supply alternative scenarios for a mixed-use development in the approximately 3,502-acre Folsom South of U.S. Highway 50 Specific Plan Project Area. The FEIS has been prepared to respond to comments received from agencies, organizations, and members of the public on the 2010 DEIS, and to present corrections, revisions, and other clarifications and amplifications of the 2010 DEIS, including minor project modifications made in response to these comments and as a result of the applicants' ongoing planning efforts. The FEIS has been prepared as joint documents with the City of Folsom (City). The City is the local agency responsible for preparing an Environmental Impact Report in compliance with the California Environmental Quality Act (CEQA). The USACE is the lead Federal agency responsible for the FEIS and information contained in the DEIS and FEIS serves as the basis for a decision regarding issuance of an individual permit under Section 404 of the Clean Water Act. It also provides information for Federal, state and local agencies having jurisdictional responsibility for affected resources. All incoming comments on the FEIS will be considered by USACE and responses will be provided for substantive issues raised which have not been addressed in the DEIS or FEIS.
Withdrawal of Notice of Intent To Prepare a Programmatic Environmental Impact Statement for the Chesapeake Bay Oyster Recovery Project, Virginia & Maryland
Document Number: 2011-12916
Type: Notice
Date: 2011-05-25
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
Public Scoping Meeting and Preparation of Environmental Impact Statement for Luce Bayou Interbasin Transfer Project in Liberty County and Harris County, TX
Document Number: 2011-12912
Type: Notice
Date: 2011-05-25
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers, Galveston District, has received a permit application for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344) from the Coastal Water Authority (SWG-2009-00188) for the proposed Coastal Water Authority's Luce Bayou Interbasin Transfer Project located in eastern Liberty County with the 26.5-mile corridor extending southwestward from the Trinity River to a discharge point near the confluence of Luce Bayou with Lake Houston. The primary Federal involvement associated with the proposed action is the discharge or dredged or fill material into waters of the United States, including jurisdictional wetlands, and the construction of structures that may affect navigable waters. Federal authorizations for the proposed project would constitute a ``major federal action.'' Based on the potential impacts, both individually and cumulatively, the Corps intends to prepare an Environmental Statement (EIS) in compliance with the National Environmental Policy Act to render a final decision on the permit applications. The Corps' decision will be to either issue, issue with modification or deny Department of the Army permits for the proposed action. The EIS will assess the potential social, economic and environmental impacts of the construction and operation of the interbasin conveyance, associated facilities, and appurtenances and is intended to be sufficient in scope to address Federal, State and local requirements, environmental issues concerning the proposed action, and permit reviews.
United States Navy Restricted Area, Menominee River, Marinette Marine Corporation Shipyard, Marinette, WI
Document Number: 2011-12816
Type: Rule
Date: 2011-05-24
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
Availability of a Final Environmental Impact Statement To Consider Issuance of a Department of the Army Permit Pursuant to Section 404 of the Clean Water Act for the Sabine Mining Company's Proposal To Construct, Operate, and Reclaim the Rusk Permit Area, Rusk, Panola, and Harrison Counties, TX (USACE Project No. SWF-2007-00560)
Document Number: 2011-12512
Type: Notice
Date: 2011-05-20
Agency: Department of Defense, Department of the Army, Corps of Engineers
In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) Fort Worth District has prepared a Final Environmental Impact Statement (FEIS). This FEIS evaluates project alternatives and potential impacts to the natural, physical and human environment as a result of the Sabine Mining Company's proposal to construct, operate and reclaim the Rusk Permit Area. The USACE regulates this proposed project pursuant to Section 10 of the Rivers and Harbors Act of 1899 and 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, operation and reclamation of the Rusk Permit Area.
Notice of Availability of the Final Programmatic Environmental Impact Statement for the Mechanical and Artificial Creation and Maintenance of Emergent Sandbar Habitat in the Riverine Segments of the Upper Missouri River, Missouri River Basin, United States
Document Number: 2011-12511
Type: Notice
Date: 2011-05-20
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
Notice of Intent To Prepare Draft Environmental Impact Statements/Environmental Impact Reports for the Sutter Basin Feasibility Study and the Section 408 Permission for the Feather River West Levee Project, Sutter and Butte Counties, CA
Document Number: 2011-12510
Type: Notice
Date: 2011-05-20
Agency: Department of Defense, Department of the Army, Corps of Engineers
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 a separate Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for each of the following related flood risk management study efforts in north-central California: a Feasibility Study of flood risk management and related water resources problems in the Sutter Basin conducted by USACE under the authority of the Flood Control Act of 1962 (Pub. L. 87-874); and 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), the proposed Feather River West Levee Project (FRWLP), sponsored by the Sutter Butte Flood Control Agency (SBFCA) as a locally driven flood management improvement project. The two projects are being studied in close coordination because they partially overlap in their study areas, purpose, potential improvements, potential effects, and involved parties. Therefore, a joint scoping process is being conducted for the two projects to explain the relationship between the two efforts and obtain public input in a manner that is convenient, efficient, and integrated. Figures of the two project areas can be viewed at the SBFCA Web site at: http://www.sutterbutteflood.org/index.php/noticesdocuments. Sutter Basin Feasibility Study. On March 20, 2000, the State of California entered into a feasibility cost-sharing agreement (FCSA) with USACE to initiate a feasibility study. An amendment to the FCSA was signed in 2010, which included SBFCA as a non-Federal sponsor. The purpose of the study is to address flood risk, ecosystem restoration and recreation-related issues in the study area. If a Federal interest is determined, the study would result in a decision document, a General Investigation Feasibility Study report and EIS/EIR, which would be the basis for a recommendation to Congress for authorization. The Central Valley Flood Protection Board (CVFPB) and SBFCA are coordinating with USACE on the feasibility study. USACE, as the Federal lead agency under NEPA, and SBFCA, as the state lead agency under CEQA in coordination with CVFPB, have determined that an EIS/EIR will be prepared to describe alternatives, potential environmental effects, and mitigation measures. FRWLP. SBFCA is planning the FRWLP to construct improvements to the west levee of the Feather River from Thermalito Afterbay to the Sutter Bypass confluence to meet Federal, state, and local flood protection criteria and goals. In 2010, an assessment district was enacted to provide local funding toward flood management improvements. These funds may be matched with those from the Early Implementation Program (funded through previous state bonds) administered by the California Department of Water Resources (DWR). 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 purpose of the FRWLP would be to construct improvements as quickly as possible in advance of and compatible with the Sutter Basin Project. USACE, acting as the Federal lead agency under NEPA, and SBFCA, acting as the state lead agency under the CEQA in coordination with CVFPB, have determined that an EIS/EIR will be prepared to describe alternatives, potential environmental effects, and mitigation measures.
Intent To Prepare an Environmental Impact Statement (EIS) for the Alaska Department of Transportation & Public Facilities Foothills West Transportation Access Project
Document Number: 2011-12371
Type: Notice
Date: 2011-05-20
Agency: Department of Defense, Department of the Army, Corps of Engineers
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).
Proposed Authorization Under the U.S. Army Corps of Engineers Nationwide Permit Program of U.S. Department of Agriculture, Natural Resources Conservation Service, Categorical Exclusions
Document Number: 2011-11831
Type: Notice
Date: 2011-05-13
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers is proposing to authorize Natural Resources Conservation Service (NRCS) approved categorical exclusions for recurring conservation, restoration, and survey related activities under Nationwide Permit 23 (NWP 23). The Corps is requesting comment on the appropriateness of including these NRCS categorical exclusions under nationwide permit authorization and any conditions or restrictions that should be added so that those categorically excluded activities can be verified by NWP 23 to permit discharges of dredged or fill material and/or structures or work in waters of the United States. These NRCS categorically excluded activities have been approved by Council on Environmental Quality (CEQ) and have been finalized by the NRCS.
Notice of Intent To Grant Partially Exclusive License of the United States Patent Application No. 12/243,708, Filed October 01, 2008 Entitled: “Biogenic Template for Enhanced Sorption of Contaminants”
Document Number: 2011-11634
Type: Notice
Date: 2011-05-12
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.