Department of the Army, Corps of Engineers 2013 – Federal Register Recent Federal Regulation Documents
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Intent To Prepare an Environmental Impact Statement for Sediment Dredging Activities at John Redmond Dam and Reservoir, KS
The purpose of the Environmental Impact Statement (EIS) is to address alternatives and environmental impacts associated with proposed dredging (sediment removal and disposal) activities by the State of Kansas at John Redmond Dam and Reservoir, Kansas. The State of Kansas, acting through the Kansas Water Office (KWO), proposes to fund and perform removal of excessive accumulated sediment from John Redmond Reservoir for the purpose of at least partially restoring conservation pool storage capacity. The proposed action would restore water supply storage for water users as well as regain lost aquatic habitat to the benefit of recreational users and the lake ecosystem. Dredging activities are proposed by the State of Kansas in response to accumulation of excessive amounts of sediment at unanticipated in-lake settling locations and resulting adverse impacts to a critical water supply as well as an important recreational and biological resource.
Civil Monetary Penalty Inflation Adjustment
The U.S. Army Corps of Engineers (Corps) is amending its regulations to adjust its Class I civil penalties under the Clean Water Act and the National Fishing Enhancement Act to account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to our Class I penalties to account for inflation since 2004, we are making a second round of penalty adjustments to account for inflation. Using the adjustment criteria provided in the statute, the Class I civil penalty under the Clean Water Act remains at $11,000 per violation, but the maximum civil penalty increases to $32,500. Under the National Fishing Enhancement Act, the Class I civil penalty remains at $11,000 per violation. Increasing the maximum amount of the Class I civil penalty under the Clean Water Act to account for inflation will maintain the deterrent effects of the penalty.
Civil Monetary Penalty Inflation Adjustment
The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations to adjust its Class I civil penalties under the Clean Water Act and the National Fishing Enhancement Act to account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to our Class I penalties to account for inflation since 2004, we are proposing to make a second round of penalty adjustments to account for inflation. Using the adjustment criteria provided in the statute, the Class I civil penalty under the Clean Water Act would remain at $11,000 per violation, but the maximum civil penalty would increase to $32,500. Under the National Fishing Enhancement Act, the Class I civil penalty would remain at $11,000 per violation. Increasing the maximum amount of the Class I civil penalty under the Clean Water Act to account for inflation will maintain the deterrent effects of the penalty.
Nationwide Permit Program
The U.S. Army Corps of Engineers is amending its nationwide permit regulations so that district engineers can issue nationwide permit verification letters that expire on the same date a nationwide permit expires. This amendment will provide regulatory flexibility and efficiency, by allowing district engineers to issue nationwide permit verifications that are valid for the same period of time a nationwide permit is in effect. We are also amending these regulations to reflect the 45-day pre-construction notification review period that has been in effect for the nationwide permit ``pre-construction notification'' general condition since June 7, 2000.
Notice for the Great Lakes and Mississippi River Interbasin Study (GLMRIS)
The U.S. Army Corps of Engineers (USACE), Chicago District has posted on https://glmris.anl.gov/documents/interim/anscontrol/screening/ index.cfm aquatic nuisance species (ANS) Controls that can be used to prevent the transfer of algae, crustaceans, fish and plants via aquatic pathways. USACE is announcing a comment period to allow for the submission of information on available ANS Controls for these organism types. In a December 8, 2010 notice of intent, Federal Register Notice (75 FR 76447), USACE announced it will prepare a feasibility report and an Environmental Impact Statement (EIS) for GLMRIS. GLMRIS is a feasibility study of the range of options and technologies that could be applied to prevent ANS transfer between the Great Lakes and Mississippi River basins through aquatic pathways. USACE is conducting GLMRIS in consultation with other federal agencies, Native American tribes, state agencies, local governments and non-governmental organizations. For additional information regarding GLMRIS, please refer to the project Web site https://glmris.anl.gov. This notice announces a comment period during which USACE is asking the public to submit (i) information on ANS Controls that may be effective at preventing the transfer of fish, algae, crustaceans and plants in the CAWS but are missing from the USACE's lists of ANS Controls, or (ii) comments regarding the identified ANS Controls.
Chief of Engineers Environmental Advisory Board; Meeting
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: February 15, 2013. Time: 9:00 a.m. through 12:30 p.m. Location: The ``Caf[eacute] Conference Room'' on the second floor of the Sandra Day O'Connor United States Courthouse (SDOCH), 401 West Washington Street, Phoenix, AZ 85003-21178. 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 energy and water security and sustainability, and flow management for sustainable river ecosystems. Following the discussions and presentations there will be a public comment period.
Notice of Intent To Prepare an Environmental Impact Statement for the Missouri River Recovery Management Plan, Missouri River, United States
Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, the U.S. Army Corps of Engineers (USACE), Kansas City and Omaha Districts, intend to prepare the Missouri River Recovery Management Plan (Plan) with integrated Environmental Impact Statement (EIS).
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