Clean Water Rule: Definition of “Waters of the United States”
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are publishing a final rule defining the scope of waters protected under the Clean Water Act (CWA or the Act), in light of the statute, science, Supreme Court decisions in U.S. v. Riverside Bayview Homes, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos), and the agencies' experience and technical expertise. This final rule reflects consideration of the extensive public comments received on the proposed rule. The rule will ensure protection for the nation's public health and aquatic resources, and increase CWA program predictability and consistency by clarifying the scope of ``waters of the United States'' protected under the Act.
Ending of the National Environmental Policy Act Emergency Alternative Arrangements for New Orleans Hurricane and Storm Damage Risk Reduction System (HSDRRS)
The U.S. Army Corps of Engineers (USACE), Mississippi Valley Division, New Orleans District (CEMVN) announces the formal termination of the Emergency Alternative Arrangements implemented by agreement with the Council on Environmental Quality (CEQ) pursuant to CEQ's National Environmental Policy Act (NEPA) regulations (40 CFR 1506.11).
West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan Alaska; Restricted Areas.
The U.S. Army Corps of Engineers (Corps) is proposing to amend existing regulations for an existing restricted area near Ketchikan, Alaska to correct inaccuracies in regards to flashing beacon light descriptions, point of contact changes, and restrictive area distances for small craft.
Atlantic Ocean South of Entrance to Chesapeake Bay off Camp Pendleton, Virginia; Firing Range
The Corps of Engineers is proposing to establish a permanent danger zone in waters of the Atlantic Ocean south of Rudee Inlet in Virginia Beach, Virginia. The Camp Pendleton firing range supports a myriad of stakeholders that include all components of the Department of Defense, including: US Army, Army National Guard, Army Reserve, US Navy, Navy Reserve, US Marine Corps, US Marine Corps Reserve, US Air Force, Air Force National Guard, Air Force Reserve, US Coast Guard, and Coast Guard Reserve, as well as many non-DoD units. Camp Pendleton, VA will provide an economical, safe training environment for individual live fire exercises, and collective units to conduct the minimum requirements for weapons qualification. The proposed danger zone will increase the level of safety to the public in the vicinity of the live firing operations by providing additional notice of the hazards present.
Availability of the Supplemental Draft Environmental Impact Statement for the Northern Integrated Supply Project, Larimer and Weld Counties, Colorado
The U.S. Army Corps of Engineers (Corps) Omaha District has prepared a Supplemental Draft Environmental Impact Statement (EIS) to analyze the direct, indirect, and cumulative effects of a water supply project called the Northern Integrated Supply Project (NISP or Project) in Larimer County and Weld County, CO. The purpose of the project is to provide the project participants with approximately 40,000 acre-feet (AF) of new, reliable municipal water supply annually through a regional project coordinated by the Northern Colorado Water Conservancy District (District). The participants in NISP requested new firm yield to meet a portion of their projected demand through 2060. The requests for new firm yield are based on the participants' analyses of their projected needs, the potential future demands as modeled by the District and verified by the Corps. NISP 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 District is the Permittee and Applicant, acting on behalf of the project participants. The Supplemental Draft 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 Supplemental Draft EIS. Information contained in the EIS serves as the basis for a decision regarding issuance of a Section 404 Permit. It also provides information for local and state agencies having jurisdictional responsibility for affected resources.