Department of the Army, Corps of Engineers 2012 – Federal Register Recent Federal Regulation Documents

Intent To Prepare an Environmental Impact Statement/Environmental Impact Report for the Encinitas and Solana Beach Shoreline Protection Project, San Diego County, CA
Document Number: 2012-9579
Type: Notice
Date: 2012-04-20
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Los Angeles District intends to prepare an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to support a cost-shared feasibility study with the Cities of Encinitas and Solana Beach, CA, for shoreline protection along the coastline of these two cities. The purpose of the feasibility study is to evaluate alternatives for reducing shoreline erosion. The EIS/EIR will analyze potential impacts of the recommended plan and a range of alternatives for shoreline protection. Alternatives will include both structural and non-structural measures.
Intent To Prepare a Draft Environmental Impact Statement for a 20-Year Dredged Material Management Plan for the Atlantic Intracoastal Waterway from Port Royal Sound, South Carolina, to the Georgia-Florida Stateline
Document Number: 2012-9578
Type: Notice
Date: 2012-04-20
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U. S. Army Corps of Engineers is the lead Federal agency for an evaluation of the maintenance dredging of the Atlantic Intracoastal Waterway (AIWW) from Port Royal Sound, South Carolina, southward to the Georgia-Florida state line. The Corps' Savannah District intends to prepare a Draft Environmental Impact Statement (DEIS) to analyze the impacts of the maintenance dredging of this portion of the AIWW, including disposal of dredged materials. The DEIS will update the project's 1976 EIS and will analyze the impacts that have occurred from periodic dredging events since 1976 to provide a baseline for evaluating projected impacts from implementing a new Dredged Material Management Plan (DMMP) over the next 20 years. The DEIS will evaluate the anticipated 20-year dredging needs and alternative disposal options, including using existing upland confined disposal areas and Ocean Dredged Material Disposal Sites (ODMDS), establishing new ODMDS, constructing new upland confined disposal areas, constructing confining structures on existing marsh disposal areas, and using open water disposal areas. In accordance with requirements of the National Environmental Policy Act, the Corps of Engineers hereby notifies the public that it is beginning preparation of a DEIS.
United States Navy Restricted Area, Menominee River, Marinette Marine Corporation Shipyard, Marinette, WI; Corrections
Document Number: 2012-8120
Type: Rule
Date: 2012-04-04
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers published a document in the Federal Register on May 24, 2011 (76 FR 30024), amending its regulations to establish a restricted area in the waters of the Menominee River at the Marinette Marine Corporation Shipyard in Marinette, Wisconsin. That document inadvertently included latitude and longitude coordinates for the restricted area boundary that resulted in encroachment into a Federal navigation project. This document corrects the final rule by revising the latitude and longitude coordinates listed in Sec. 334.815 (a) to reduce the restricted area so that it does not encroach on the Federal navigation project. The document also listed the Department of the Navy organization responsible for administration and enforcement of the restricted area as the Supervisor of Shipbuilding, Conversion, and Repair Gulf Coast (SUPSHIP Gulf Coast). After the document was published, the Department of the Navy revised the mission, functions, and tasks of the Supervisors of Shipbuilding, Conversion and Repair organization. This organizational revision changed the administrative and enforcement responsibilities for the subject restricted area from SUPSHIP Gulf Coast to SUPSHIP Bath, Maine. This document corrects the final rule by revising Sec. 334.815 (b) and (c) to reflect the organizational change.
Disestablishment of Restricted Area; Rhode Island Sound off Newport, RI
Document Number: 2012-8115
Type: Proposed Rule
Date: 2012-04-04
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Navy requested that the U.S. Army Corps of Engineers (Corps) disestablish the naval restricted area located in the waters of Rhode Island Sound, 4 nautical miles due south of Lands End in Newport, Rhode Island. The restricted area was established on August 31, 1987. The purpose of the restricted area was to establish a practice minefield and conduct mine detection and mine sweeping exercises. As a result of the discontinued use of this area by Naval Station Newport, the Navy has requested the restricted area be disestablished.
Revised Notice of Intent To Prepare a Draft Environmental Impact Statement for the Bogue Banks Coastal Storm Damage Reduction Feasibility Study, in Carteret County, NC
Document Number: 2012-7039
Type: Notice
Date: 2012-03-23
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Wilmington District (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to evaluate the impacts of the proposed alternatives to reduce coastal storm damages from beach erosion on Bogue Banks North Carolina. The Bogue Banks study area is located on the coast of North Carolina, about 80 miles north of Wilmington, North Carolina. This area is at risk from hurricanes and winter storms, which regularly erode the shoreline, causing damage to structures and environmental resources. The proposed Bogue Banks Coastal Storm Damage Reduction (CSDR) Feasibility Study will evaluate several alternatives. These alternatives may include restoration of berms and dunes, with stabilizing vegetation on dunes, removal and/or relocation of structures, and the no-action alternative. The potential project area may be up to 24 miles in length, from Beaufort to Bogue Inlets. The potential benefits from the proposed project include storm damage reduction to structures and their related infrastructure (i.e., roads, utility lines, etc.), improved aesthetic and recreation opportunities, and improved habitat conditions for endangered species. 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 other applicable Federal and State Laws and Executive Orders.
Intent To Prepare a Draft Environmental Impact Statement for the Louisiana Coastal Area (LCA)-Louisiana, Mississippi River Hydrodynamic and Delta Management Study
Document Number: 2012-7038
Type: Notice
Date: 2012-03-23
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) intends to prepare an environmental impact statement (EIS) for the Louisiana Coastal Area (LCA)Louisiana, Mississippi River Hydrodynamic and Delta Management restoration study. This study will identify and evaluate a combination of large-scale management and restoration features to address the long- term sustainability of the lower Mississippi River Deltaic Plain. Hydrodynamic models and other forecast methods will be used to determine existing water and sediment resources in the Mississippi River available to restore and sustain delta growth in the Mississippi River Delta and assess benefits and impacts of large-scale strategies that balance the interests of ecosystem restoration, flood risk reduction, and navigation. This EIS will be tiered off of the November 2004, programmatic EIS for the Louisiana Coastal Area (LCA), Louisiana, Ecosystem Restoration Study (LCA Study). The record of decision for the programmatic EIS was signed on November 18, 2005. This notice announces the USACE's intent to host six (6) public scoping meetings.
Reissuance of Nationwide Permits
Document Number: 2012-6555
Type: Notice
Date: 2012-03-19
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers published a document in the Federal Register of February 21, 2012, concerning the reissuance of nationwide permits. This document contains corrections to that final notice.
Public Scoping Meeting and Preparation of Environmental Impact Statement for Baryonyx Corporation, Inc.'s Proposed Wind Farm, Offshore, Willacy and Cameron Counties, TX
Document Number: 2012-6128
Type: Notice
Date: 2012-03-14
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 (DA) 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 Baryonyx Corporation, Inc. (SWG-2011-00511) for the proposed approximately 300-turbine offshore wind farm located in the Gulf of Mexico state waters, offshore Willacy and Cameron Counties in state tracts: 1068, 1069, 1085, 1086, 1087, 1088, 1089, 1090, 1126, 1127, 1129, 1130 and 1131. The primary Federal involvement associated with the proposed action is the discharge or dredged or fill material into waters of the United States, 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 Impact 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 issue, issue with modification or deny DA permits for the proposed action. The EIS will assess the potential social, economic and environmental impacts of the construction and operation of the offshore wind farm, associated facilities, and appurtenances and is intended to be sufficient in scope to address Federal, State and local requirements, environmental and socio-economic issues concerning the proposed action, and permit reviews.
Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Installation of a Terminal Groin Structure at the Western End of South Beach, Bald Head Island, in Close Proximity to the Federal Wilmington Harbor Channel of the Cape Fear River (Brunswick County, NC)
Document Number: 2012-6127
Type: Notice
Date: 2012-03-14
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Village of Bald Head Island (VBHI) to develop and implement a shoreline protection plan that includes the installation of a terminal groin structure on the east side of the Wilmington Harbor Baldhead Shoal Entrance Channel (a federally-maintained navigation channel of the Cape Fear River) at the ``Point'' of Bald Head Island. The structure will be designed to be strategically incorporated into the federal beach disposal operations associated with the Wilmington Harbor Sand Management Plan.
Notice of Availability of Final Environmental Impact Statement for a Proposed Highway Between I-12 and Bush, LA in St. Tammany Parish, LA
Document Number: 2012-5630
Type: Notice
Date: 2012-03-09
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), New Orleans District has prepared a Final Environmental Impact Statement (FEIS) for a project proposed by the Louisiana Department of Transportation and Development (LADOTD) to construct a new highway between 1-12 and Bush, Louisiana, in St. Tammany Parish. On September 9, 2011, USACE published a notice in the Federal Register (76 FR 55887), informing the public of the availability of the Draft Environmental Impact Statement (DEIS) that analyzes the potential effects of implementing each of four build and the ``no-build'' alternative scenarios for a four-lane arterial highway from the southern terminus of the current, modern four-lane arterial portion of LA 21 in Bush, Louisiana, to I-12, a distance between 17.4 and 21 miles. The FEIS has been prepared to respond to comments received from agencies, organizations, and members of the public on the DEIS. The USACE is the lead Federal agency responsible for the FEIS and information contained in the FEIS serves as the basis for a Department of the Army permit decision under section 404 of the Clean Water Act. The FEIS also provides information for Federal, State and local agencies having jurisdictional responsibility for affected resources. Any 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.
Proposed Development of the Alaska Stand Alone Gas Pipeline Project (ASAP), From the North Slope to South Central Alaska, Draft Environmental Impact Statement (DEIS)
Document Number: 2012-5665
Type: Notice
Date: 2012-03-08
Agency: Department of Defense, Department of the Army, Corps of Engineers
In the January 20, 2012, issue of the Federal Register (77 FR No. 13), the U.S. Army Corps of Engineers (Corps) published its Notice of Availability for the ASAP DEIS for public comment. In that notice, the Corps stated that written comments must be submitted on or before March 5, 2013. Instructions for submitting comments are provided in the January 20, 2010, Federal Register notice. In response to scheduling conflicts for public meetings, the Corps has decided to extend the public comment period to April 4, 2012.
Availability of the Final Environmental Impact Statement for the St. Lucie South Beach and Dune Restoration Project located in St. Lucie County, Florida
Document Number: 2012-5253
Type: Notice
Date: 2012-03-05
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Final Environmental Impact Statement (FEIS) has been completed and is available for review and comment.
Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Proposed Rio Grande Floodway, San Acacia to Bosque del Apache, Socorro County, NM, Project
Document Number: 2012-5091
Type: Notice
Date: 2012-03-02
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Albuquerque District, Corps of Engineers (Corps) is preparing a draft Supplemental Environmental Impact Statement (SEIS) on the findings of an ongoing flood risk management study along the Rio Grande from San Acacia downstream to San Marcial in Socorro County, New Mexico. The purpose of the study is to reevaluate the plan of flood protection authorized by the Flood Control Act of 1948 (Pub. L. 80-858) in light of recent changes in levee design parameters and environmental resources in the study area. The tentatively proposed plan is to replace the existing embankment between the Low Flow Conveyance Channel and the Rio Grande with a structurally competent levee capable of containing high-volume, long-duration flows. This engineered levee would substantially reduce the risk of damage from floods emanating from the Rio Grande. The local cost-sharing sponsors of the proposed project are the Middle Rio Grande Conservancy District and the New Mexico Interstate Stream Commission.
Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report for the Proposed Cambria Water Supply Project, San Luis Obispo County, CA
Document Number: 2012-4313
Type: Notice
Date: 2012-02-24
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Los Angeles District of the U.S. Army Corps of Engineers (Corps) and Cambria Community Services District (CCSD), the non-Federal sponsor under a Project Cooperation Agreement dated March 27, 2006, intend to jointly prepare an Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) to study, plan, and implement a project to provide for a reliable water supply for the community of Cambria in San Luis Obispo County. The relatively remote location of Cambria has resulted in the area relying solely upon local groundwater for its current water supply. The groundwater supplies from the Santa Rosa and San Simeon groundwater basins no longer are adequate to meet existing demand under extreme drought conditions or to meet projected future demand in most years.
Revised Notice of Intent To Prepare a Draft Environmental Impact Statement for the Brunswick County Beaches, NC, Coastal Storm Damage Reduction Project
Document Number: 2012-4307
Type: Notice
Date: 2012-02-24
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Wilmington District (Corps) is currently conducting a General Reevaluation Report (GRR) for the Brunswick County Beaches, NC, Coastal Storm Damage Reduction (CSDR) Project. The Corps intends to prepare a Draft Environmental Impact Statement (DEIS) to evaluate the impacts of the proposed CSDR alternatives to reduce coastal storm damages from beach erosion in the towns of Holden Beach, Oak Island, and Caswell Beach, North Carolina. An array of structural, non-structural, and no action alternatives are being evaluated. Current analyses suggest that the dune and berm beach fill alternative maximizes net CSDR benefits for the project area beaches and provides additional environmental and recreation benefits. An offshore borrow area has been identified within the Southwestern portion of Frying Pan Shoals (FPS) (located off the coast of Cape Fear, North Carolina) to provide beach compatible sediment for the 50-year life of the project. 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.
Intent To Prepare a Draft Environmental Impact Statement (EIS) for the Installation of a Terminal Groin Structure at Lockwood Folly Inlet and to Conduct Supplemental Beach Nourishment Along the Eastern Oceanfront Shoreline of Holden Beach, in Brunswick County, NC
Document Number: 2012-4305
Type: Notice
Date: 2012-02-24
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Town of Holden Beach to develop and implement a shoreline protection plan that includes the installation of a terminal groin structure on the west side of Lockwood Folly Inlet (a federally maintained navigational channel) and the nourishment of the oceanfront shoreline along the eastern end of Holden Beach.
Reissuance of Nationwide Permits
Document Number: 2012-3687
Type: Notice
Date: 2012-02-21
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is reissuing 48 of the 49 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also issuing two new NWPs, three new general conditions, and three new definitions. The effective date for the new and reissued NWPs will be March 19, 2012. These NWPs will expire on March 18, 2017. The NWPs will protect the aquatic environment and the public interest while effectively authorizing activities that have minimal individual and cumulative adverse effects on the aquatic environment.
Notice of Availability of a Draft Environmental Impact Statement in Cooperation With the North Carolina Department of Transportation for the Improvement of a 27.3 Mile Segment of US Highway 64 in Tyrrell and Dare Counties, NC
Document Number: 2012-3751
Type: Notice
Date: 2012-02-17
Agency: Department of Defense, Department of the Army, Corps of Engineers
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 for the improvement of US 64 to a multilane facility, and replacement of the Lindsay C. Warren bridge, in Tyrrell and Dare Counties, North Carolina (TIP Projects R-2544 and R- 2545).
Process for Requesting a Variance From Vegetation Standards for Levees and Floodwalls; Additional Filings
Document Number: 2012-3701
Type: Notice
Date: 2012-02-17
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) is updating the process for requesting a variance from vegetation standards for levees and floodwalls to reflect organizational changes and incorporate current agency-wide review processes.
USACE's Plan for Retrospective Review Under E.O. 13563
Document Number: 2012-1269
Type: Proposed Rule
Date: 2012-01-23
Agency: Department of Defense, Department of the Army, Corps of Engineers
On November 16, 2011, the U.S. Army Corps of Engineers (USACE) issued a Notice of Intent and Request for Comments on its plan to retrospectively review its Regulations implementing the USACE Regulatory Program at 33 CFR 320-332 and 334 in accordance with 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. The original comment period ended on January 17, 2012. As a result of the request for time extensions, we have extended the comment period 45 days.
Intent To Hold North Dakota Task Force Meeting as Established by the Missouri River Protection and Improvement Act of 2000 (Title VII)
Document Number: 2012-1196
Type: Notice
Date: 2012-01-23
Agency: Department of Defense, Department of the Army, Corps of Engineers
The duties of the Task Force are to prepare and approve a plan for the use of the funds made available under Title VII to promote conservation practices in the Missouri River watershed, control and remove sediment from the Missouri River, protect recreation on the Missouri River from sedimentation, and protect Indian and non-Indian historical and cultural sites along the Missouri River from erosion.
Board on Coastal Engineering Research
Document Number: 2012-1193
Type: Notice
Date: 2012-01-23
Agency: Department of Defense, Department of the Army, Corps of Engineers
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.
Revision to the Notice for the Great Lakes and Mississippi River Interbasin Study (GLMRIS) Regarding Public Conference Calls Scheduled for January 10 and February 8, 2012
Document Number: 2011-33656
Type: Notice
Date: 2012-01-03
Agency: Department of Defense, Department of the Army, Corps of Engineers
In a December 21, 2011 notice, Federal Register Notice (76 FR 79167), USACE announced the release of the ``Inventory of Available Controls for Aquatic Nuisance Species of ConcernChicago Area Waterway System'' (ANS Control Paper), a public comment period and two (2) public conference calls. USACE is hosting the calls to provide the public with an opportunity to ask questions regarding the ANS Control Paper. The December 21, 2011 notice did not include a security code for these conference calls. This notice includes the phone number, and access and security codes. Please refer to December 21, 2011 notice for information regarding the public comment period.
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