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

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.

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.

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.

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: https://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.

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.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Louisville District will prepare a Supplemental Environmental Impact Statement (SEIS) to disclose potential impacts to the natural, physical, and human environment resulting from implementation of alternatives formulated to address reliability risks associated with Indianapolis, White River (North), IN, Flood Damage Reduction Project. The currently authorized and partially completed project does not meet current performance standards nor does it provide the level of protection for which the project was authorized. A full array of alternatives will be formulated to meet the purpose and need of this study. After full consideration of all alternatives, the best plan will be selected to achieve acceptable risk levels.

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) are publishing for public comment proposed guidance 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 agencies believe that under this proposed guidance the number of waters identified as protected by the Clean Water Act will increase compared to current practice and this improvement will aid in protecting the Nation's public health and aquatic resources. The proposed guidance is consistent with the principles established by the Supreme Court cases and is supported by the agencies' scientific understanding of how waterbodies and watersheds function. In addition, the agencies believe that when the revised guidance is finalized and goes into effect, it will improve CWA program predictability and clarity regarding the scope of ``waters of the United States'' protected under the Act and that this improvement will have benefits for both the government and regulated parties. When finalized, this guidance would supersede previously issued guidance on this matter. This guidance will apply to all CWA programs, including section 303 water quality standards, section 311 oil spill prevention and response, section 401 water quality certification, section 402 National Pollutant Discharge Elimination System permits, and section 404 permits for discharges of dredged or fill material. The agencies seek public comment on all aspects of the proposed guidance, including interpretations and scientific underpinnings. In addition to this guidance, the agencies expect to propose revisions of existing regulations to further clarify which waters are subject to CWA jurisdiction, consistent with the Supreme Court's decisions. Public comment on any such revisions will be requested at the time they are proposed.