Department of the Army, Corps of Engineers 2013 – Federal Register Recent Federal Regulation Documents

The Federal Highway Administration (FHWA) and the United States Army Corps of Engineers (USACE), Norfolk District, as joint lead federal agencies, and in cooperation with the Virginia Department of Transportation (VDOT), will prepare a Supplemental Environmental Impact Statement (SEIS) for the Route 460 Location Study Final Environmental Impact Statement (FEIS). The purpose of this SEIS is to evaluate new information regarding the aquatic resource impacts and alternatives described in the June 2008 FEIS and the September 2008 Record of Decision (ROD). In addition, FHWA is evaluating proposed changes to the termini of the selected alternative and the proposed interchange at Route 620, and proposed changes to the selected alignment to avoid and minimize aquatic resource impacts. The USACE is preparing the document to produce a supplemented FEIS that fully evaluates the new information and to gather information that informs and supports the USACE's evaluation of the Department of the Army Individual Permit (IP) application submitted by U.S. Route 460 Mobility Partners (the Applicant) for the discharge of fill material into waters of the United States in conjunction with the construction of the Route 460 Corridor Improvements Project (Project). The USACE was a cooperating agency in the preparation of the June 2008 FEIS and will adopt that document as appropriate.

The U.S. Army Corps of Engineers (USACE) intends to prepare a draft supplemental environmental impact statement (SEIS) for the Middle Mississippi River Regulating Works Project. This project is the means by which USACE provides a safe and dependable 9-foot navigation channel on the Middle Mississippi River. The Middle Mississippi River is defined as that portion of the Mississippi River that lies between the confluences of the Ohio and Missouri rivers. The original environmental impact statement (EIS) for the Project was finalized in 1976. USACE has determined that there is sufficient significant new information regarding the potential impacts of the project on the human environment to warrant the preparation of a supplemental environmental impact statement.

Pursuant to the National Environmental Policy Act of 1969, as amended, the U.S. Army Corps of Engineers, Omaha District (Corps) intends to prepare a draft Environmental Impact Statement (EIS) for the federal action to remediate dam safety concerns at Cherry Creek Dam. The dam safety concerns are primarily related to a hydrologic deficiency resulting from an extreme precipitation event and the large population that could be affected by such an event. Cherry Creek Dam and Lake is located on Cherry Creek, 11.4 miles upstream of its confluence with the South Platte River, in Aurora, Colorado (southeast Denver metropolitan area). The remediation actions will be identified through a Dam Safety Modification Study (DSMS) being conducted in accordance with Corps policy as described in Engineering Regulation 1110-2-1156 ``Safety of DamsPolicy and Procedures.''

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: Inland Waterways Users Board (Board). Date: January 14, 2014. Location: Meeting at the Westin New Orleans Canal Place Hotel, 100 Rue Iberville, New Orleans, Louisiana 70130, at 504-566-7006, or westinneworleanscanalplace.com. Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at approximately 1:00 p.m. Agenda: The agenda will include the status of funding for inland navigation projects and studies, the status of the Inland Waterways Trust Fund, funding for Fiscal Year (FY) 2014, update of proposed water resources-related authorization bills, and the status of the Olmsted Locks and Dam Project.

The Corps of Engineers (Corps) is proposing to amend its regulations to modify an existing permanent restricted area in the waters of the Pacific Ocean surrounding San Nicolas Island, California. Naval Base Ventura County is requesting the Corps modify the existing restricted area to realign subsections (designated Alpha, Bravo and Charlie) within the restricted area to better match current operational requirements. In addition, the proposed rule would correct a mapping error in the original rule. The perimeter and overall size of the existing restricted area would remain unchanged. San Nicolas Island is wholly owned by the United States and operated by the U.S. Navy as part of Naval Base Ventura County.

The U.S. Army Corps of Engineers (USACE) is preparing a Regional Environmental Impact Statement (REIS) to analyze the direct, indirect, and cumulative effects associated with a decision to develop and assess data and information with waters of the United States and other relevant resources that may be potentially impacted by future surface coal and lignite mine expansions in the state of Texas within the Fort Worth District's area of responsibility. These coal and lignite mining activities may eventually require authorization from the USACE under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, as well as other federal and state permits and approvals.

The U.S. Army Corps of Engineers (USACE) is requesting peer reviewed information that would be useful in the preparation of the North Atlantic Coast Comprehensive Study (Hurricane Sandy). The USACE is preparing a report that will be submitted to Congress in 2015. The goals of the North Atlantic Coast Comprehensive Study authorized under the Disaster Relief Appropriations Act, Public Law 113-2 are to (1) provide risk reduction strategies to reduce risk to which vulnerable coastal populations are subject, and (2) promote coastal resilient communities to ensure a sustainable and robust coastal landscape system, considering future sea level rise and climate change scenarios, to reduce risk to vulnerable population, property, infrastructure and ecosystems.

The U.S. Army Corps of Engineers (Corps) in conjunction with the City of Los Angeles (City) announces the availability of a Draft Integrated Feasibility Report (IFR), which includes a Draft Feasibility Study (FS) and Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Los Angeles River Ecosystem Restoration Study, Los Angeles County, CA, for review and comment. The study evaluates alternatives for the purpose of restoring 11 miles of the Los Angeles River from approximately Griffith Park to downtown Los Angeles while maintaining existing levels of flood risk management. Restoration includes creation and reestablishment of historic riparian strand and freshwater marsh habitat to support increased populations of wildlife and enhance habitat connectivity within the study area, as well as to provide opportunities for connectivity to ecological zones such as the Santa Monica Mountains, Verdugo Hills, Elysian Hills, and San Gabriel Mountains. Restoration also includes the reintroduction of ecological and physical processes such as a more natural hydrologic and hydraulic regime that reconnects the river to historic floodplains and tributaries, reduced flow velocities, increased infiltration, improved natural sediment processes, and improved water quality. The study also evaluates opportunities for passive recreation that is compatible with the restored environment. A Notice of Intent for the EIS/EIR was published on November 28, 2008 (73 FR 72455).

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers (Corps), Seattle District, as lead Federal agency, will prepare a Supplemental Environmental Impact Statement (SEIS) evaluating the Grays Harbor Navigation Improvement Project. The purpose of this supplement is to address proposed changes to the Grays Harbor and Chehalis River Navigation Project developed since the Corps prepared the 1982 Grays Harbor, Chehalis and Hoquiam Rivers, Washington Channel Improvements for Navigation Interim Feasibility Report and Final Environmental Impact Statement (EIS) and its 1989 supplement. The SEIS updates the original EIS and its supplement with more recent relevant environmental information, and updates the description of effects that may potentially occur from implementing the proposed action. The SEIS will evaluate the practicality and potential environmental impacts of three alternatives: two with varying channel depths and no action.

The U.S. Army Corps of Engineers, Los Angeles District (Corps) is examining the environmental consequences associated with the proposed construction, operation, and closure of a new tailings storage facility in eastern Pinal County, Arizona, in connection with Asarco LLC's application for a Department of the Army permit under Section 404 of the Clean Water Act. The proposed tailings storage facility and associated facilities would discharge fill materials into approximately 138 acres of waters of the U.S. and indirectly impact an additional 17 acres through dewatering. The primary federal environmental concerns are the proposed discharges of fill material into waters of the U.S. and the potential for significant adverse environmental effects resulting from such activities. Therefore, to address these concerns in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring preparation of an Environmental Impact Statement (EIS) prior to consideration of any permit action. The action must comply with the Section 404(b)(1) Guidelines (40 CFR Part 230) and not be contrary to the public interest to be granted a Corps permit. The Corps may ultimately make a determination to permit or deny the above project, or permit or deny modified versions of the above project.

In accordance with the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3, announcement is made of the forthcoming meeting. Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Date: September 11, 2013. Time: 9:00 a.m. through 12:00 p.m. Location: Room 3K10, Headquarters, U.S. Army Corps of Engineers, in the Government Accountability Office (GAO) Building, 441 G Street NW., Washington, DC 20548-0002, Phone: (202) 512-6000. Purpose of the Meeting and 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 include flow management for sustainable river ecosystems; Corps' outreach opportunities in science, technology, engineering, and mathematics (STEM) education; and introduction of a multi-year work plan for the Board. The Board will also briefly discuss recent site visits and completed letter reports. Following Board discussions and presentations there will be a public comment period. Public's Accessibility to the Meeting: This meeting will be open to the public. Anyone attending the meeting must enter and exit at the G Street visitors entrance of the GAO Building, present a valid form of government issued photo identification (e.g., drivers license, state- issued photo ID, or passport), and pass through the security screening station. All visitors must be escorted while in the building. The GAO Building is accessible to persons with disabilities. Attendees need to arrive in time to complete the security screening and arrive at the meeting room before 9:00 a.m. Seating will be limited and on a first- come basis. The Committee's Designated Federal Officer (DFO) and Point of Contact: Mr. John C. Furry, Phone: (202) 761-5875, or email john.c.furry@usace.army.mil

Millennium Bulk TerminalsLongview, LLC (MBTL) is proposing to construct and operate a shipping facility near Longview, Washington. MBTL currently intends to ship coal from the facility. Department of the Army (DA) authorization is required pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The Corps has determined the proposed project may have significant individual and/or cumulative impacts on the human environment. The Corps has entered into an agreement with the Cowlitz County Building and Planning Department (County) and the Washington State Department of Ecology (WDOE), (together, the co-lead agencies) to prepare a joint Environmental Impact Statement (EIS) in accordance with both the National Environmental Policy Act (NEPA) of 1969, as amended, and the Washington State Environmental Policy Act (SEPA). The Corps will serve as the lead federal agency for purposes of NEPA, and the County and WDOE will serve as lead agencies under SEPA.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place: Name of Committee: Board on Coastal Engineering Research. Date of Meeting: September 4-6, 2013. Place: Atlantic Ballroom, Ocean Place Resort and Spa, One Ocean Boulevard, Long Branch, NJ 07740. Time: 8:00 a.m. to 1:30 p.m. (September 4, 2013). 8:00 a.m. to 5:00 p.m. (September 5, 2013). 8:00 a.m. to 11:00 a.m. (September 6, 2013). Purpose of the Meeting: The purpose of the meeting is to explore impacts due to Hurricane Sandy on the water resources infrastructure and coastlines of North Atlantic Division and discuss research needs associated with sustaining resilient coastal communities and systems through risk reduction, regional sediment management, and ecosystem restoration activities. Agenda: Presentations and panel presentations on Wednesday morning, September 4, will include a Charge to the Board by the Chief of Engineers and panel presentations dealing with Hurricane Sandy: Response and Recovery. Presentations dealing with Response include Forecasting Hurricane Sandy, State of New Jersey Response to Hurricane Sandy, New York City Response to Hurricane Sandy, and National Hurricane Program. Presentations dealing with Recovery (Part 1) include Hurricane Sandy Rebuilding Task Force and Hurricane Sandy Coastal Projects Performance Evaluation Study. There will be an optional field trip Wednesday afternoon to visit Sea Bright, Union Beach, Mantoloking, and Ortley Beach. On Thursday, September 5, 2013, there will be panel presentations dealing with Hurricane Sandy: Recovery (Part 2) and Hurricane Sandy: Resilience. Presentations dealing with Hurricane Sandy: Recovery include Coastal Breach Closures, Addressing Post-Storm Beach Repair Challenges, The Port Authority of New York/New Jersey Recovery Operations, and Science and Technology Solutions that Supported Response and Recovery. Presentations dealing with Hurricane Sandy: Resilience include USACE North Atlantic Coast Comprehensive Study; Innovative Approach to Coastal System Resilience; Recommendation to Improve the Strength and Resilience of the Empire State's Infrastructure; Making Coastal Communities Resilient; Coastal Resilience, a Municipality Perspective; and A Framework for Quantifying Resilient Coastal Systems. There will be a luncheon speaker to discuss Improving Resilience to Coastal Storms for the City of New York. The Board will meet in Executive Session to discuss ongoing initiatives and ongoing and future actions on Friday morning, September 6, 2013. Public Participation: Pursuant to 5 U.S.C. 552b and 41 CFR 102- 3.140 through 102-3.165, and the availability of space, the Board on Coastal Engineering Research meeting is open to the public. Participation by the public is scheduled for 4:00 p.m. on Thursday, September 5, 2013. The entire meeting and field trip are open to the public, but since seating capacity is limited, advance notice of attendance is required. Oral participation by public attendees is encouraged during the time scheduled on the agenda; written statements may be submitted to the Federal Designated Officer for the Board on Coastal Engineering Research prior to the meeting or up to 30 days after the meeting and addressed to COL Jeffrey R. Eckstein, Designated Federal Officer and Executive Secretary, U.S. Army Engineer Research and Development Center, Waterways Experiment Station, 3909 Halls Ferry Road, Vicksburg, MS 39180-6199, phone 601-634-2513, or Jeffrey.R.Eckstein@usace.army.mil.

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 reduce siltation of the Missouri River in the State of North Dakota, develop and implement a long-term strategy to improve conservation, protect recreation from sedimentation, improve water quality, improve erosion control, and protect historic and cultural sites along the Missouri River in North Dakota from erosion, and to identify and develop new projects.

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: Inland Waterways Users Board (Board). Date: August 13, 2013. Location: Meeting at The Brown Hotel, 335 West Broadway, Louisville, Kentucky 40202, at 502-583-1234 or 888-888-5252, or BrownHotel.com. Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at approximately 1:00 p.m. Agenda: The agenda will include the status of funding for inland navigation projects and studies, the status of the Inland Waterways Trust Fund, funding for Fiscal Year (FY) 2013 and 2014, update of proposed water resources-related authorization bills, status of the Olmsted Locks and Dam Project, an update of the Inland Marine Transportation System (IMTS) Levels of Service and status of the Inland Waterways System.

The U.S. Army Corps of Engineers (Corps), Galveston District, is issuing this notice to advise Federal, state, and local government agencies and the public that the Corps is withdrawing its Notice of Intent to prepare a Supplemental Environmental Impact Statement (SEIS) for the reformulation of a new flood damage reduction plan for the Hunting Bayou watershed in Houston, Harris County, TX.

The Corps of Engineers is proposing to amend an existing danger zone in waters of the Pacific Ocean off the Pacific Missile Range Facility at Barking Sands, Island of Kauai, Hawaii. The U.S. Navy conducts missile defense activities, test missile launches, and training activities at the Pacific Missile Range Facility. The proposed amendment is necessary to protect the public from hazards associated with missile launch operations, training activities, and increased threat conditions. The proposed amendment would expand the existing danger zone and would prohibit any activity by the public within the danger zone without first obtaining permission from the Commanding Officer, Pacific Missile Range Facility, to ensure public safety and/or installation good order during range operations, weapon system testing, training activities, increases in force protection and other mission essential evolutions. The expanded danger zone would extend along approximately seven miles of shoreline adjacent to the Pacific Missile Range Facility, with its seaward extent ranging between 2.96 and 4.16 nautical miles offshore.

It is proposed that the hours of availability at Lindy C. Boggs and John H. Overton Locks on the J Bennett Johnston Waterway (Red River) will remain at the current schedule of 24 hours per day, 7 days per week, 365 days per year. It is also proposed that the hours of availability at Lock 3, Russell B. Long, and Joe D. Waggonner locks will be reduced from the current schedule of 24 hours per day, 7 days per week, 365 days per year, to 20 hours per day, as operated by the contractor, 7 days per week, 365 days per year. The Inland Marine Transportation System Level of Service Guidelines led to the reduced hours of operation for Lock 3, Russell B. Long, and Joe D. Waggonner locks. The intended effect is to provide lock availability that matches existing lock usage. Pool levels will not be affected by change of operating hours.

The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations by revising an existing restricted area regulation and establishing six new restricted areas along the Tyndall Air Force Base (AFB) facility shoreline. Tyndall AFB is surrounded on three sides by water with approximately 129 miles of unprotected coastline. This includes several areas where the lack of security or lack of restriction on access to these areas leaves Tyndall AFB personnel and resources vulnerable to unauthorized activities. This amendment is necessary to implement an enhanced security plan for Tyndall AFB, which includes four new permanent restricted areas and the ability to activate two additional restricted areas as local and national intelligence threat evaluations dictate.

The Corps of Engineers is proposing to amend its regulations to establish a new danger zone in waters of the Pacific Ocean off the Kekaha Range Facility, Barking Sands, Island of Kauai, Hawaii. The proposed amendment is necessary for the Hawaii Army National Guard to continue small arms training operations at the Kekaha Range Facility and to protect the public from potentially hazardous conditions which may exist as a result of that use. The proposed amendment would prohibit, on an intermittent basis, vessels from entering a six mile wide section of the Pacific Ocean that narrows to a 0.7 mile wide section along the shoreline fronting the Kekaha Range Facility without first obtaining permission from the Commanding Officer of Kekaha Range Facility.

This notice is a revision of the Notice of Intent published August 26, 2011 (76 FR 53423). 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) is preparing an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408), and Section 404 of the Clean Water Act (33 U.S.C. 1344), for the proposed Southport Sacramento River Early Implementation Project (EIP), sponsored by the West Sacramento Area Flood Control Agency (WSAFCA). Figures of the project area can be viewed at https://www.cityofwestsacramento.org/city/flood. WSAFCA is planning the Southport Sacramento River EIP to implement flood-risk management measures along the Sacramento River South Levee in the City of West Sacramento, Yolo County, CA. Since publication of the 2011 Notice of Intent, WSAFCA has expanded the study area to include additional potential soil borrow sites. Material from these borrow sites may be used as part of project construction. The potential construction area extends along the right (west) bank of the Sacramento River south of the Barge Canal downstream approximately 6 miles to the South Cross Levee, adjacent to the Southport community of West Sacramento. The potential soil borrow sites are located to the east and west of southern Jefferson Blvd.; adjacent to the construction area; immediately west of the Sacramento Deep Water Ship Channel; and south of the South Cross Levee. In order to implement the project, the sponsor must receive 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 current Federal and state levee design standards, and provide some 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.

Delta Wetland Properties (Applicant) has applied for a Department of Army permit under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899 (R & H A) to develop two Reservoir Islands (Bacon Island and Webb Tract). Applications with the Department of Army under Section 404 of the CWA for the discharge of dredged or fill material into waters of the United States and under the Rivers and Harbors Act (RHA) Section 10 for activities within navigable waters were first filed with the U.S. Army Corps of Engineers (Corps) in 1987. The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) issued no-jeopardy Biological Opinions (BOs) for the project in May and June 2000. The Corps issued a Department of the Army Permit under CWA Section 404 (Permit 190109804) for the project on June 26, 2002. Permit 190109804 required that construction be completed by December 31, 2007. The applicant is applying for a new permit for the project because the previously issued permit has expired. The Corps has determined that a Supplement to the Environmental Impact Statement (EIS) for the Delta Wetlands Project (prepared in 2001) is required. Delta Wetland Properties has applied for a new Department of the Army permit to fill approximately 2,156 acres of waters of the United States, including wetlands, to implement the project.

The Jacksonville District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (EIS) for the Herbert Hoover Dike (HHD) Major Rehabilitation Project and Dam Safety Modification Study. Herbert Hoover Dike is the 143 mile embankment surrounding Lake Okeechobee in south central Florida. A Dam Safety Modification Study has been initiated for the HHD and will be focused on a system wide risk reduction approach as required for safety modifications to dams. The purpose of the study is to identify risk reduction measures that can be implemented to reduce risks in the HHD system. On July 8 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) and Record of Decision for the Major Rehabilitation actions proposed for Reach One of the HHD. Several additional EISs and Environmental Assessments (EAs) have been completed for Reach One of the HHD, including installation of a seepage cutoff wall. The EISs for Reach 1A, Reach 1B, 1C, and 1D, and Reaches 2 and 3 have been retracted by notice in the Federal Register on February 5, 2013 (78 FR 8118- 8119). Most recently, an EA was completed in January 2012 evaluating impacts of an Alternative Rehabilitation Plan pilot test. The purpose of this pilot test, to be constructed in the southern portion of the HHD, is to seek lower cost solutions supporting the overall risk reduction strategy. Information gained from the pilot test will be used during the Dam Safety Modification Study.

The Jacksonville District, U.S. Army Corps of Engineers (USACE) hereby cancels its Notice of Intent (NOI) to prepare a Supplemental Environmental Impact Statement (SEIS) for Reach 1B, C, and D on the HHD Major Rehabilitation Project, as published in the Federal Register, July 28, 2009 (74 FR 37190). The cancellation of the subject SEIS is necessitated due to a change in scope of the rehabilitation project. The initial focus of the HHD Major Rehabilitation Report (MRR) from 2000 divided the 143 miles dike into eight Reaches with the initial focus on Reach 1. This Reach by Reach approach is being replaced with a system-wide risk reduction approach as required for safety modifications to dams.

The Jacksonville District, U.S. Army Corps of Engineers (USACE) hereby cancels its Notice of Intent (NOI) to prepare a Supplemental Environmental Impact Statement (SEIS) for Reaches 2 and 3 on the HHD Major Rehabilitation Project, as published in the Federal Register, August 9, 2006 (71 FR 45539). The USACE issued an NOA for the Draft SEIS on December 22, 2006 (71 FR 77013). A public meeting was held in Clewiston on January 10, 2007 to present the Draft SEIS. The USACE issued a second NOI, published in the Federal Register, August 31, 2009 (74 FR 44828), due to a revision to the preferred alternative discussed and coordinated in the December 2006 Draft SEIS. The cancellation of the subject SEIS is necessitated due to a change in scope of the rehabilitation project. The initial focus of the HHD Major Rehabilitation Report (MRR) from 2000 divided the 143 miles dike into eight Reaches with the initial focus on Reach 1. This Reach by Reach approach is being replaced with a system wide risk reduction approach as required for safety modifications to dams.