Department of the Army, Corps of Engineers 2014 – Federal Register Recent Federal Regulation Documents
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Closing Upper St. Anthony Falls Lock to Navigation, Located in Minneapolis, MN
Section 2010 of the Water Resources Reform and Development Act of 2014 (WRRDA) directed the Secretary of the Army to close the Upper St. Anthony Falls Lock and Dam located on the Mississippi River at river mile 853.9 no later than 1 year after the enactment date of WRRDA 2014. The provision specifically allows the U.S. Army Corps of Engineers to continue to carry out emergency lock operations necessary to mitigate flood damage. The WRRDA was enacted on June 10, 2014. To comply with WRRDA, the Corps will close Upper St. Anthony Falls Lock to navigation by June 10, 2015. The final closure date will be determined, within the statutory deadline, after the environmental analysis required by the National Environmental Policy Act is complete.
Availability of Final Environmental Impact Statement for the Dallas Floodway Project, in the City of Dallas, Dallas County, TX
Pursuant to 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) that analyzes the potential effects for the implementation of flood risk management elements, ecosystem restoration features, recreation enhancement features, interior drainage plan improvements, and other proposed projects in and around the Dallas Floodway, in the City of Dallas, Dallas County, TX. The FEIS documents the existing condition of environmental resources in and around areas considered for development, and potential impacts on those resources as a result of implementing the alternatives. The alternatives considered in detail are: (1) Alternative 1, the No-Action Alternative or ``Future Without Project Condition;'' (2) Alternative 2, the Proposed Action. Alternative 2 evaluates two different design variations, one that anticipates potential Trinity Parkway construction within the Floodway and one that does not.
Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Meeting for the Redwood City Harbor Navigation Improvement Feasibility Study and Integrated EIS/EIR Redwood City and County of San Mateo, CA (SPN-2014-125242)
The purpose of this notice is to initiate the scoping process for the preparation of an integrated Feasibility Report and Environmental Impact Statement/Environmental Impact Report for proposed improvements to the existing navigation project at Redwood City Harbor and San Bruno Shoal.
Intent To Prepare a Draft Environmental Impact Statement for the Sabine Pass to Galveston Bay, TX, Coastal Storm Risk Management and Ecosystem Restoration Feasibility Study
The Sabine Pass to Galveston Bay, Texas, study area encompasses six coastal counties on the upper Texas Gulf coastOrange, Jefferson, Chambers, Harris, Galveston and Brazoria. The Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR- EIS) will evaluate structural and non-structural alternatives which address coastal storm risk management (CSRM) and ecosystem restoration (ER) impacts in the study area. The environmental impact study will focus on environmental and social conditions currently present and those likely to be affected by potential future impacts of storm surge and ecosystem restoration opportunities. Several major historical surge events have occurred in the study area in the past 120 years. The most notable is perhaps the 1900 Storm, which inundated most of the island city of Galveston, TX, and adjacent areas on the mainland. The storm was responsible for over eight thousand deaths and up to $30 million in property damage. Hurricane Rita in 2005 resulted in storm surge of 9.2 feet in Port Arthur, TX, and just over 8 feet in Sabine Pass. Most recently, Hurricane Ike in 2008 produced storm surges of 14 feet near Sabine Pass and 11 to 12 feet across Sabine Lake. The City of Port Arthur was spared from the impacts of storm surge thanks to its existing 14- to 17-foot hurricane flood protection system. However, the remaining southern half of Jefferson County was inundated, with estimated high water marks reaching 18 to19 feet to the south and east of High Island. The City of Galveston was protected from Hurricane Ike's high energy surge impacts by the Galveston Seawall, but much of the City of Galveston was later flooded by about 6 to 10 feet of surge coming from the bay. The City of Texas City was protected from Ike's surge impacts by its existing hurricane flood protection system. At risk within the study area are approximately 2.26 million people living within the storm-surge inundation zone, three of the nine largest oil refineries in the world, 40 percent of the nation's petrochemical industry, 25 percent of the nation's petroleum-refining capacity, and three of the ten largest U.S. seaports.
Notice of Intent To Prepare a Draft Environmental Impact Statement (EIS), Initiate the Public Scoping Period and Host Public Scoping Meetings for the Great Lakes and Mississippi River Interbasin Study (“GLMRIS”)-Evaluation of Aquatic Nuisance Species Controls Near Brandon Road Lock and Dam
The Chicago District, U.S. Army Corps of Engineers (USACE) announces its intent to (1) prepare a Draft EIS, (2) accept public comments and (3) host public scoping meetings in Lemont, Illinois at Argonne National Laboratories and Chicago, Illinois for GLMRIS Evaluation of Aquatic Nuisance Species Controls near Brandon Road Lock and Dam (GLMRISBrandon Road). In collaboration with other Federal, State, and local agencies as well as non-governmental entities, USACE is evaluating structural and nonstructural options and technologies near the Brandon Road Lock and Dam site. This effort is an interim response to the GLMRIS authority. The purpose of the GLMRISBrandon Road evaluation is to consider a control point to reduce the risk of upstream transfer of ANS, from the Mississippi River (MR) Basin into the Great Lakes (GL) Basin through the Chicago Area Waterway System (CAWS), to the maximum extent possible. The GLMRISBrandon Road effort will seek to minimize adverse impacts to waterway users or resources.
Notice of Availability-Final Environmental Impact Statement for Revised Water Control Manuals for the Alabama-Coosa-Tallapoosa River Basin
Notice is hereby given that the U.S. Army Corps of Engineers, Mobile District (USACE), has released a Final Environmental Impact Statement (FEIS) for the update of the Alabama-Coosa-Tallapoosa River Basin (ACT) Water Control Master Manual (Master Manual). USACE will accept comments during a public comment period that began with the Notice of Availability published by the Environmental Protection Agency on November 7, 2014 and will end 30 days after that date.
Notice of Intent To Prepare an Environmental Impact Statement, Initiate the Public Scoping Period and Host Public Scoping Meetings for West Facilities Modernization, St. Louis, Missouri, Metropolitan Area
Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, the National Geospatial-Intelligence Agency (NGA) announces its intent to prepare an environmental impact statement (EIS) to analyze potential impacts to the quality of the human environment resulting from the proposed construction and operation of new, modern facilities in the St. Louis metropolitan area. The U.S. Army Corps of Engineers (USACE), Kansas City District, will be the project manager for this EIS. This notice informs the public of the proposed action, announces the public scoping process, and solicits public comments to identify issues related to the proposed project.
Notice of Intent To Prepare an Environment Impact Statement for the Proposed Mississippi River Reintroduction Into the Maurepas Swamp Diversion Project, Near Garyville, Louisiana, in St. John the Baptist, St. James, and Ascension Parishes
The U.S. Army Corps of Engineers (USACE), New Orleans District intends to prepare an Environmental Impact Statement (EIS) to inform a decision on a Department of the Army (DA) permit application pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act, and permissions request under 33 U.S.C. 408, submitted by the Coastal Protection and Restoration Authority of Louisiana (CPRA) for the Mississippi River Reintroduction into the Maurepas Swamp (MRRMS) freshwater diversion project (proposed project). The USACE has determined the proposed project will result in significant impacts to the human environment, therefore an EIS is necessary to ensure compliance with the National Environmental Policy Act (NEPA) and as a basis for both the permit decision and the Section 408 permissions. The DA permit and the 408 permissions are two separate processes with different authorities analyzed by different mission areas (including Regulatory and Civil Works) inside the USACE. Under Section 404 of the CWA and Section 10 of the Rivers and Harbors Act, the District Engineer permits the discharge of dredged or fill material into the waters of the United States as well as work, to include the installation and maintenance of structures, in navigable waters of the U.S., if the discharge meets the requirements of the Environmental Protection Agency's 404(b)(1) guidelines, and the proposal is determined to not be contrary to the overall public interest. Under 33 U.S.C. 408, the Chief of Engineers grants permission to alter, modify, or impair an existing USACE project if it is not injurious to the public interest and does not impair the usefulness of such work. The proposed project involves structural crossings of the Federal Mississippi River and Tributaries (MR&T) Levee and could potentially impact the Mississippi River Navigation Channel, the future footprint of the Federal West Shore Lake Pontchartrain Hurricane and Storm Damage Risk Reduction System levee project as well as other Federal projects. USACE Regulatory and Civil Works will coordinate on all aspects of the production of the EIS.
Withdrawal of Notice of Intent To Prepare an Environmental Impact Statement
The purpose of this notice is to inform the public that until the economic demand for improvements to the Sacramento River Deep Water Channel (SRDWSC) improves, the NEPA process has been terminated and notice to prepare an EIS and notice of availability are withdrawn.
Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Meeting for the Berths 226-236 [Everport] Container Terminal Improvements Project at the Port of Los Angeles, in the City and County of Los Angeles, California (SPL-2013-00756-TS)
The purpose of this notice is to initiate the scoping process for preparation of an Environmental Impact Statement (EIS) for the Los Angeles Harbor Department (LAHD) Berths 226-236 [Everport] Container Terminal Improvements Project.
Definition of “Waters of the United States” Under the Clean Water Act Proposed Rule; Notice of Availability
This document announces the availability of the Science Advisory Board's (SAB) final peer review of the EPA's draft report Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis. This document has been placed in the docket for the EPA and the Corps proposed rule ``Definition of `Waters of the United States' Under the Clean Water Act.''
Intent To Prepare a Draft Supplemental Environmental Impact Statement To Support the Decision Document for Channel Widening Found in the Original Project Report and Environmental Impact Statement for the Expansion of Shipping Channels and Approaches to the Baltimore Harbor in Chesapeake Bay Maryland and Virginia
In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Baltimore District (USACE) and the non-Federal sponsor, the Maryland Port Administration (MPA), are intending to prepare a decision document and supporting Supplemental Environmental Impact Statement (SEIS) to execute Phase II of the Baltimore Harbor and Channels 50-Foot project to complete the construction of the project channels to their authorized widths and consider reformulation of the plan to develop new alternatives. Because of the lapse in time since the authorization of the original project report and EIS in 1981 and the completion of Phase I in 1990, the intention of the new decision document and SEIS is to consider whether widening the existing project channels to the authorized widths for Phase II is still in the federal Interest and to allow for reformulation of the plan for Phase II, as appropriate, to develop new alternatives.
Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/EIR) for the Arroyo Seco Ecosystem Restoration Study, Los Angeles County, CA
Pursuant to the National Environmental Policy Act of 1969, as amended, the U.S. Army Corps of Engineers, Los Angeles District (Corps) in coordination with the non-Federal sponsor, Los Angeles County Department of Public Works (LACDPW), intends to prepare an Integrated Feasibility Study and Environmental Impact Statement/Environmental Impact Report for the Arroyo Seco Environmental Restoration Study. The purpose of the study is to evaluate opportunities for the restoration of a natural channel, aquatic and riparian habitat as well as associated upland habitat creek dynamics, restoration of sustainable aquatic habitat, and revitalization of riverine and associated upland habitat and constituent species, while maintaining the cultural and aesthetic quality of the Arroyo Seco. The Arroyo Seco (``dry wash'') heads in the San Gabriel Mountains north of downtown Los Angeles and flows south through the cities of Pasadena, South Pasadena, and Los Angeles before reaching its confluence with the Los Angeles River. The study area is an approximately eleven (11) -mile reach of the Arroyo Seco channel in Los Angeles County, CA. The flood control channel is maintained by the Los Angeles County Department of Public Works. The study area extends from the Angeles National Forest border through the unincorporated area of Altadena, and cities of La Ca[ntilde]ada-Flintridge, Pasadena, South Pasadena, and Los Angeles to approximately 0.5 miles from the confluence with the Los Angeles River.
Intent To Prepare a Draft Environmental Impact Statement for a Proposed: 76-Slip Mooring and Launching Facility With Associated Piers, Low-Profile Timber Bulkhead, Boat Ramp and Maintenance Dredging Within North Bay at 3701 South Sandpiper Road at Sandbridge in Virginia Beach, VA
The U.S. Army Corps of Engineers (Corps) will prepare an Environmental Impact Statement (EIS) to evaluate project alternatives and the public interest review factors, as well as the effects on Back Bay National Wildlife Refuge for the proposed mooring and launching facility.
Inland Waterways Users Board Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's Web site at https://www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Extension of Comment Period for the Definition of “Waters of the United States” Under the Clean Water Act Proposed Rule and Notice of Availability
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are extending the comment period for the proposed rule ``Definition of `Waters of the United States' Under the Clean Water Act'' published on April 21, 2014. The agencies are extending the comment period in response to stakeholder requests for an extension and to allow comments on new supporting materials.
Draft Supplemental Environmental Impact Statement, US Route 460, Prince George County to City of Suffolk, VA
The United States Department of the Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Draft Supplemental Environmental Impact Statement (SEIS) has been prepared jointly with the Federal Highway Administration (FHWA) and in cooperation with the Virginia Department of Transportation (VDOT) for the Route 460 Location Study. The study area extends from I-295 in Prince George County on the western end to Route 58 in the City of Suffolk on the eastern end. (USACE Project Number NAO-2008-03470; FHWA Project Number STP-0005(276); VDOT Project Number 0460-969-101,P101; UPC 100432).
Proposed Reduction in Hours of Operation at Lower St. Anthony Falls Lock and Lock and Dam 1, Located in Minneapolis, MN
The three Mississippi River locks in Minneapolis, MN (Upper St. Anthony Falls, Lower St. Anthony Falls, and Lock and Dam 1) currently operate 19 hours per day/7 days per week during the navigation season. This level of service follows the guidance from the Corps Inland Marine Transportation System (IMTS) Board of Directors. Section 2010 of the Water Resources Reform and Development Act of 2014 (WRRDA) directed the Secretary of the Army to close the Upper St. Anthony Falls Lock and Dam located on the Mississippi River at river mile 853.9 no later than 1 year after the enactment date of WRRDA 2014. With the expected closing of the Upper St. Anthony Falls lock, it is anticipated the remaining two Minneapolis locks will have less than 500 commercial lockages per year. To meet IMTS guidance, it is proposed Lower St. Anthony Falls and Lock and Dam 1 transition to one 10-hour shift per day/7 days per week during the 2015 navigation season and beyond. The navigation season on the Upper Mississippi normally begins in March, depending on river conditions, and wraps up by the end of November. Pool levels will not be affected by change of operating hours.
Notice of Intent To Prepare a Draft Environmental Impact Statement in Cooperation With the North Carolina Department of Transportation for Improvements to the US 70 Corridor Between the Town of LaGrange, Lenoir County and the Town of Dover, Jones County, NC, the Proposed Project Would Ultimately Serve as a Bypass to the Town of Kinston, NC
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) will be prepared for improvements to the transportation system starting near the intersection of US 70 and NC 903 near the Town of LaGrange, Lenoir County, heading east near the intersection of US 70 and Old US 70 (NCSR-1005) near the Town of Dover, Jones County, NC.
United States Navy Restricted Area, Supervisor of Shipbuilding, Conversion and Repair, USN, Gulf Coast, Pascagoula, Mississippi
The U.S. Army Corps of Engineers (Corps) is proposing to establish a restricted area around the Huntington Ingalls Incorporated/ Ingalls Shipbuilding and Dry Dock (HII) facility located in Pascagoula Mississippi, because of the sensitive nature of the on-going and potential future activities at that facility. The Supervisor of Shipbuilding, Conversion and Repair, Gulf Coast, located in Pascagoula, Mississippi is responsible for United States Navy shipbuilding activities at the HII facility, USA located in Pascagoula, Mississippi. The proposed restricted area will be used for on-going construction when vessels are placed in the water. The proposed restricted area is essential to protect persons and property from the dangers associated with the operation and safeguard the area from accidents, sabotage and other subversive acts.
Buzzards Bay and Adjacent Waters, Mass.; Danger Zones for Naval Operations; Corrections
The U.S. Army Corps of Engineers published a document in the Federal Register on April 10, 1997 (62 FR 17550) amending its regulations to modify an existing danger zone in the waters of Buzzards Bay, Massachusetts. That document inadvertently did not include the proposed rule text that would prohibit entry into a portion of the danger zone. This document corrects the final rule by incorporating the intended prohibition of entry by persons or vessels into the designated area of the danger zone into Sec. 334.70(a)(2).
Termination of Environmental Impact Statement for Baryonyx Corporation, Inc.'s Proposed Wind Farm, Offshore, Willacy and Cameron Counties, TX
The U.S. Army Corps of Engineers, Galveston District, Regulatory Branch is notifying interested parties that it has terminated the process to develop an Environmental Impact Statement (EIS) and has withdrawn the 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) permit application for the proposed Baryonyx Corporation, Inc. 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 original Notice of Intent to Prepare and EIS was published in the Federal Register on Wednesday, March 14, 2012 (77 FR 15088).
Notice of Availability of a Final Environmental Impact Statement for the Proposed SR 1409 (Military Cutoff Road) Extension and Proposed US 17 Hampstead Bypass New Hanover and Pender Counties in North Carolina, NCDOT TIP Projects U-4751 and R-3300
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 Final Environmental Impact Statement (FEIS) has been prepared for a road improvement project starting at Military Cutoff Road in New Hanover County to north of Hampstead along US 17, Pender County, NC (TIP Projects U-4751 and R- 3300).
Board on Coastal Engineering Research
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Board on Coastal Engineering Research. This meeting is open to the public.
Policy and Procedural Guidance for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects
The U.S. Army Corps of Engineers (USACE) has issued an Engineer Circular to provide guidance related to how USACE will process requests by others to alter a USACE civil works project. This notice announces the availability of that guidance.
Proposals From Non-Federal Interests for Proposed Feasibility Studies and Proposed Modifications to Authorized Water Resources Development Projects or Feasibility Studies for Inclusion in the U.S. Army Corps of Engineers (USACE) Annual Report
The Water Resources Reform and Development Act of 2014 requires that the USACE publish a notice in the Federal Register to request proposals from non-federal interests for feasibility studies and modifications to authorized USACE water resources development projects or feasibility studies. This notice is the request for proposals for inclusion in the Annual Report to be issued in February 2015.
Notice of Intent; Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Riverport Development and Proposed New Interchange on I-95 in Jasper County, South Carolina
The U.S. Army Corps of Engineers, Charleston District (as the lead agency) and the Federal Highway Administration and Fish and Wildlife Service (as cooperating agencies) intend to prepare a Draft Environmental Impact Statement (DEIS) to assess the likely social, economic and environmental effects of the proposed construction of a mixed use industrial, commercial and residential development with the potential to impact Waters of the United States near Hardeeville in Jasper County, South Carolina. Associated with this development will be the possible construction of a new interchange on I-95, in the vicinity of the mile marker 3 in South Carolina. The DEIS will assess potential effects of a range of alternatives.
Intent To Prepare a Draft Supplemental Environmental Impact Statement (DSEIS) for the Alaska Gasline Development Corporation (AGDC)'s Proposed Alaska Stand Alone Pipeline (ASAP) Utility-Grade Natural Gas Transportation Pipeline
The Alaska District, U.S. Army Corps of Engineers (Corps) intends to prepare a DSEIS to identify and analyze the potential impacts associated with the construction of the proposed ASAP utility grade natural gas transportation pipeline. The Corps is the lead federal agency and currently the National Park Service (NPS), U.S. Fish and Wildlife Service (USFWS), U.S. Bureau of Land Management (BLM), U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA), U.S. Environmental Protection Agency (EPA), and the State of Alaska Department of Natural Resources State Pipeline Coordinator's Office (SPCO) are participating as cooperating agencies in the DSEIS development process. The Supplemental Environmental Impact Statement (SEIS) will be used as a basis for the Corps permit decision and to ensure compliance with the National Environmental Policy Act (NEPA). The Corps will be evaluating a permit application for work under Section 10 of the Rivers and Harbors Act, Section 404 of the Clean Water Act, and Section 103 of the Marine Protection Research and Sanctuaries Act of 1972. Because ASAP would require decisions and actions by other federal agencies (such as right- of-way grants and other permits), this DSEIS will also fulfill the NEPA requirements for those cooperating federal agencies.
Notice of Availability of the Final Environmental Impact Statement for the Installation of a Terminal Groin Structure at the Western End of South Beach, Bald Head Island, Adjacent to the Federal Wilmington Harbor Channel of the Cape Fear River (Brunswick County, NC)
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 function in concert with Federal beach disposal operations associated with the Wilmington Harbor navigation project.
Implementation of the Water Resources Reform and Development Act of 2014; Public Meetings
The Department of the Army, Headquarters, U.S. Army Corps of Engineers, announces a series of listening sessions by webinar for public input to inform the agency's implementation of the Water Resources Reform and Development Act of 2014. Each meeting will focus on implementation of a specific collection of provisions in the Act.
St. Johns River, U.S. Coast Guard Station Mayport, Sector Jacksonville, Florida; Restricted Area
The U.S. Army Corps of Engineers (Corps) is proposing to amend the existing regulations to establish a new restricted area in the waters surrounding U.S. Coast Guard Sector Jacksonville facilities at Station Mayport, Jacksonville, Florida (Station Mayport). Station Mayport is situated on the south side of the St. Johns River which, as the primary federal navigable channel entering the Port of Jacksonville, is heavily transited by commercial and recreational vessels. This United States Coast Guard (USCG) facility maintains a high operational tempo for both routine and emergency operations. The amendment to the existing regulations is necessary to enhance the USCG's ability to counter postulated threats against their personnel, equipment, cutters, and facilities by providing a stand-off buffer encompassing the waters immediately contiguous to the Station Mayport. The amendment will also serve to protect the general public from injury or property damage during routine and emergency USCG operations and provide an explosive safety arc buffer during periodic transfer of ammunitions between units, including cutters.
Inland Waterways Users Board Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's Web site at https:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Definition of “Waters of the United States” Under the Clean Water Act; Extension of Comment Period
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are extending the comment period for the proposed rule ``Definition of `Waters of the United States' Under the Clean Water Act'' published on April 21, 2014 (79 FR 22188). The agencies are extending the comment period in response to stakeholder requests for an extension.
York River off the Naval Weapons Station Yorktown-Cheatham Annex, Virginia; Danger Zone
The Corps of Engineers is establishing a danger zone in the waters of the York River off Cheatham Annex in York County, Virginia. The danger zone is necessary to protect the public from hazards associated with the small arms fire operations.
Reopening of Comment Period for the Notice of Availability Regarding the Exemption From Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are reopening the comment period for a notice published on April 21, 2014. The notice of availability was for an interpretive rule to address the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA) for discharges of dredged or fill material associated with certain agricultural conservation practices based on the Natural Resources Conservation Service (NRCS) conservation practice standards that are designed and implemented to protect and enhance water quality. While the interpretive rule is already in effect, the agencies recognize the importance and value of receiving public input on the implementation of this interpretive rule. EPA and the Corps are reopening the comment period in response to stakeholder requests. Comments submitted between the close of the original comment period and the re-opening of this comment period will be accepted and considered.
Notice of Availability of the Draft Environmental Impact Statement for BP Cherry Point Previously Authorized and Constructed Dock (North Wing), an Extension to the Existing BP Cherry Point Dock, in Strait of Georgia at Cherry Point, Near Ferndale, Whatcom County, WA
The U.S. Army Corps of Engineers (Corps) Seattle District has prepared a Draft Environmental Impact Statement (EIS) to examine the incremental environmental risk, principally from vessel traffic, related to operation of the previously authorized and constructed North Wing of the BP Cherry Point dock. Incremental environmental risk is defined in this EIS as the change in environmental risk between operating the BP Cherry Point dock at maximum capacity with a single berth (the South Wing) and operating the dock with two berths (the North Wing and South Wing) at projected future vessel traffic levels. The Proposed Action is continuing the existing operations at the BP Cherry Point Dock with two berths, one principally for import of crude oil and the other for distribution of refined petroleum products. The Corps has been directed by Ninth Circuit Court of Appeals to complete an EIS on the impacts of the permitted dock. The Draft EIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Corps' regulations for NEPA implementation (33 Code of Federal Regulations [CFR] parts 230 and 325, Appendices B and C). The Corps, Seattle District, Regulatory Branch is the federal lead agency and the U.S. Coast Guard, as a cooperating agency. Information contained in the EIS serves as the basis for a decision regarding evaluation process of the existing permit under Section 10 of Rivers and Harbors Act for the BP Cherry Point dock. It also provides information for U.S. Coast Guard, other Federal, state, and local agencies having jurisdictional responsibility for affected resources.
Meeting of the Chief of Engineers Environmental Advisory Board
The Department of Defense is publishing this notice to announce the following Federal advisory committee meeting of the Chief of Engineers Environmental Advisory Board (``EAB''). This meeting will be open to the public. For more information about the EAB, please visit https://www.usace.army.mil/Missions/Environmental/ EnvironmentalAdvisoryBoard.aspx.
Notice of Intent to Prepare a Draft Environment Impact Statement and Conduct a Public Scoping Meeting for the Proposed Thousand Palms Flood Control Project within the Thousand Palms Area of Coachella Valley, Riverside County, California (Corps file no. SPL-2014-00238-RJV)
The purpose of this notice is to initiate a 45-day scoping process for preparation of a Draft Environmental Impact Statement (DEIS) for the Coachella Valley Water District's (CVWD) proposed Thousand Palms Flood Control Project.
Availability of the Final Environmental Impact Statement for the Moffat Collection System Project, Denver County, Adams County, Boulder County, Jefferson County, Grand County, Summit County, Gilpin County, and Park County, CO
The U.S. Army Corps of Engineers (Corps) Omaha District has prepared a Final Environmental Impact Statement (EIS) to analyze the direct, indirect, and cumulative effects of a water supply project called the Moffat Collection System Project (Moffat Project or Project) in Denver County, Adams County, Boulder County, Jefferson County, Grand County, Summit County, Gilpin County, and Park County, CO. The purpose of the Moffat Project is to develop 18,000 acre-feet (AF) per year of new, firm yield to the Moffat Water Treatment Plant (WTP) and raw water customers upstream of the Moffat WTP pursuant to the Board of Water Commissioners' commitment to its customers. Denver Water's need for the proposed Moffat Project is to address two major issues: (1) Timelinessthe overall near-term water supply shortage, and (2) locationthe imbalance in water storage and supply between the North and South systems. The Moffat Project would result in direct impacts to jurisdictional waters of the United States (U.S.), including wetlands. The placement of fill material in these waters of the U.S. for the construction of water storage and distribution facilities associated with developing additional water supplies requires authorization from the Corps under Section 404 of the Clean Water Act. The City and County of Denver is the Permittee and Applicant, acting by and through its Board of Water Commissioners (Denver Water). The Final EIS was prepared in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Corps' regulations for NEPA implementation (33 Code of Federal Regulations [CFR] parts 230 and 325, Appendices B and C). The Corps, Omaha District, Denver Regulatory Office is the lead federal agency responsible for the Final EIS and information contained in the Final EIS serves as the basis for a decision regarding issuance of a Section 404 Permit. The Final EIS also provides information for local and state agencies having jurisdictional responsibility for affected resources.
Intent To Prepare an Environmental Impact Statement for the Boise River General Investigation Feasibility Study, Ada and Canyon Counties, in the State of Idaho
The U.S. Army Corps of Engineers (Corps) intends to prepare an Environmental Impact Statement (EIS) for the Boise River General Investigation Feasibility Study. The Feasibility Study will evaluate alternatives to reduce flood risk and meet current and future water supply needs in the lower Boise River watershed. To the extent feasible, the study will also seek to provide ancillary ecosystem restoration benefits, minimize impacts to species listed under the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.), including bull trout, and minimize socioeconomic effects. The Feasibility Study will focus on the lower Boise River, a tributary to the Snake River, which is located in southwestern Idaho, primarily in Ada and Canyon Counties. The non-federal sponsor for this effort is the Idaho Water Resources Board. Almost 40 percent of Idaho residents live in the Boise River watershed, with one-sixth of the State's population residing in the floodplain. Communities and development along the Boise River have experienced repeated minor flooding, and flood risk management experts emphasize that a significant flood event with major flood damage will likely occur in the future. The Boise River watershed has recently experienced the most significant growth in the State and continuing to meet current and future water needs is a major concern for residents and state/local officials.
Definition of “Waters of the United States” Under the Clean Water Act
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act (CWA), in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Rapanos v. United States, and Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos). This proposal would enhance protection for the nation's public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of ``waters of the United States'' protected under the Act.
Notice of Availability Regarding the Exemption From Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are announcing the availability of an interpretive rule to address the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA) for discharges of dredged or fill material associated with certain agricultural conservation practices based on the Natural Resources Conservation Service (NRCS) conservation practice standards that are designed and implemented to protect and enhance water quality. While the interpretive rule is already in effect, the agencies recognize the importance and value of receiving public input on the implementation of this interpretive rule and welcome comments in response to this notice within the next 45 days.
Availability of Draft Environmental Impact Statement for the Dallas Floodway Project, in the City of Dallas, Dallas County, TX
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Fort Worth District has prepared a Draft Environmental Impact Statement (DEIS) that analyzes the potential effects of implementing each of three alternative scenarios for the application of flood risk management elements, ecosystem restoration and recreation enhancement features, interior drainage plan improvements, and other proposed projects in and around the Dallas Floodway, in the City of Dallas, Dallas County, TX. The DEIS documents the existing condition of environmental resources in areas considered for development, and potential impacts on those resources as a result of implementing alternatives. The alternatives considered in detail are: (1) No-Action Alternative or ``Future Without Project Condition;'' (2) Proposed Action with the Trinity Parkway; and (3) Proposed Action without the Trinity Parkway.
Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Meeting for the Berths 121-131 [Yang Ming] Container Terminal Redevelopment Project at the Port of Los Angeles, City and County of Los Angeles, California (SPL-2013-00810-TS).
The purpose of this notice is to initiate a 45-day scoping process for preparation of an Enviornmental Impact Statement (EIS) for the Los Angeles Harbor Department (LAHD) Berths 121-131 [Yang Ming] Container Terminal Redevelopment Project.
Naval Base Ventura County, San Nicolas Island, California; Restricted Area
The Corps of Engineers (Corps) is amending its regulations to modify an existing permanent restricted area in the waters of the Pacific Ocean surrounding San Nicolas Island, California. The modifications realign subsections (designated Alpha, Bravo and Charlie) within the restricted area to better match the U.S. Navy's current operational requirements. In addition, the rule corrects a mapping error in the original rule. The perimeter and overall size of the existing restricted area remains 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.
Inland Waterways Users Board Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's Web site at: https:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Notice of Public Comment Period for the Missouri River Recovery Implementation Committee's Proposed Charter Amendments, Missouri River, United States
The Missouri River Recovery Implementation Committee, referred to as MRRIC or the Committee, is seeking comments to its proposed Charter amendments on or before April 19, 2014. MRRIC has reached tentative consensus on three (3) proposed amendments to its Charter, originally approved on July 1, 2008. Prior to seeking final consensus and recommending the amendments to the Secretary for final adoption, the Corps of Engineers, on behalf of the Committee, seeks public comments on the following tentative recommendations: (1) Charter amendment 1: Section V, ``Membership and Representation of Interests,'' should be amended to specifically add the ``Osage Nation'' to the list of subsection (d) Tribes, as eligible for membership in the Committee. Background: On August 9, 2013 the MRRIC Chair received a letter from Principal Chief Red Eagle of the Osage Nation requesting the Osage Nation become a member of MRRIC. MRRIC discussed this request and reached tentative consensus in November 2013 on a recommendation to revise the MRRIC Charter to include the Osage Nation as a member of the Committee. The Osage Nation is a federally-recognized Tribe with land near the basin and historical ties to the Missouri River. (2) Charter amendment 2: Section V, ``Membership and Representation of Interests,'' subsection (e)(i) should be amended to indicate that there will be a maximum of twenty-nine (29) stakeholder members (rather than 28). Background: The Committee discussed the original intention to invite an equal number of stakeholder members and Tribal members to serve on the Committee. To maintain this balance when adding the Osage Nation to MRRIC, the Committee reached tentative consensus in November 2013 on a recommendation to increase the number of stakeholder members from 28 to 29. (3) Charter amendment 3: Section VII, ``Roles, Responsibilities and Leadership'' subsection (a)(iv) should be amended, striking the phrase ``for no more than three (3) additional terms of one (1) year each'' such that the amended language reads as: iv. The Chair and Vice Chair will serve or be removed with the consensus of the Committee. The term of office of the Chair and Vice Chair will be one (1) year, with the opportunity for reappointment. Should a Committee member believe the Chair and/or Vice Chair are not performing in a fair and balanced manner, it is the responsibility of the member to raise his/her concerns to the Chair or to the full Committee for consideration. Background: The Committee discussed the need for term limits on leadership and concluded that the ability to remove the Chair and Vice Chair with consensus of MRRIC is sufficient. The Committee also concluded that it was important to have a Chair with knowledge and familiarity of the Committee and its operations and consequently it may be difficult to find many individuals who best match the needs of MRRIC. The Chair's performance will continue to be evaluated by MRRIC annually. The Committee reached tentative consensus on this recommended amendment in February 2014.
Flood Control Regulations, Marshall Ford Dam (Mansfield Dam and Lake Travis), Colorado River, Texas
The U.S. Army Corps of Engineers (Corps) is amending the rules regarding use and administration of Marshall Ford Dam (Mansfield Dam and Lake Travis), Colorado River, Texas. In 1997, the Lower Colorado River Authority (LCRA) completed repayment of the federal government's contribution for acquisition and construction costs related to Mansfield Dam. Subsequently, the United States Bureau of Reclamation (USBR) has relinquished all rights and obligations to the project. However, the U.S. Department of the Interior and the USBR are referenced as project stakeholders in the Flood Control Regulations. Amending the referenced regulations to update project ownership will eliminate the current discrepancy between the regulations and associated project documents. The Fort Worth District of the Corps and LCRA have finalized a revised water control plan for Lake Travis (Marshall Ford Dam, aka Mansfield Dam). There is no intent to publish the updated water control plan in the Federal Register. Amending the regulations to indicate that the water control plan has been superseded would eliminate the need to amend the regulations each time the water control plan is modified.
Notice of Availability of the Draft Environmental Impact Statement for the Installation of a Terminal Groin Structure at the Western End of South Beach, Bald Head Island, Adjacent to the Federal Wilmington Harbor Channel of the Cape Fear River (Brunswick County, NC), and Re-Scheduling of the Public Hearing
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 function in concert with Federal beach disposal operations associated with the Wilmington Harbor navigation project. This is a supplement to the notice published in the Federal Register (79 FR 1843) on January 10, 2014 and a revision to the date of the public hearing and an extension of the comment period.
Withdrawal of Notice of Intent To Prepare a Draft Environmental Impact Statement for the Zoar Levee and Diversion Dam, Dam Safety Modification Study, Tuscarawas County, OH
The U.S. Army Corps of Engineers (Corps), Huntington District, is withdrawing its intent to prepare a Draft Environmental Impact Statement (EIS) for the Zoar Levee and Diversion Dam, Dam Safety Modification Study. The Notice of Intent to prepare the EIS was published in the Federal Register on May 4, 2011 (76 FR 25310).
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