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

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.

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U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) announced availability of draft guidance (76 FR 24479) that describes how the agencies will identify waters protected by the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or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.