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

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.''

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.

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.

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).

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.

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).

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The U.S. Army Corps of Engineers (Corps), Huntington District, is withdrawing its intent to prepare a Draft Supplemental Environmental Impact Statement (SEIS) for the Greenup Locks and Dam General Reevaluation Report. The Notice of Intent to prepare the SEIS was published in the Federal Register on June 14, 2012 (77 FR 35663).

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.

The U.S. Army Corps of Engineers is rescinding its regulation addressing Real Estate Activities of the Corps of Engineers in Connection with Civil Works Projects. Each rescinded section is obsolete, exempt from publication, or otherwise covers internal agency operations that have no public compliance component or adverse public impact. Regulations governing internal agency operations can be found on file with the agency.

The U.S. Army Corps of Engineers, New York District (District), is preparing a Supplemental Environmental Impact Statement (SEIS) to ascertain compliance with applicable Federal and State environmental laws for the authorized Raritan Bay and Sandy Hook Bay, New Jersey Feasibility Report for Hurricane and Storm Damage Reduction Union Beach, New Jersey Final Feasibility Report. The study area occupies an approximate 1.8 square mile area of land along the coast of Raritan Bay in the Borough of Union Beach, Monmouth County, New Jersey. The project was authorized for construction in the Water Resources Development Act of 2007 (Pub. L. 110-114) on November 8, 2007 but has yet to be constructed. An EIS for the authorized project was finalized in September 2003. This SEIS will identify any changes in the potential social, economic, cultural, and environmental affects through the implementation of the authorized plan since the EIS was published.

The email address listed for Alice Allen-Grimes under the FOR FURTHER INFORMATION CONTACT section of the notice published in the Federal Register on Friday, December 27, 2013 (78 FR 78948) was incorrect. The email address should read as follows: alice.w.allen- grimes@usace.army.mil.