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

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.

The U.S. Army Corps of Engineers (USACE), Chicago District has posted on https://glmris.anl.gov the Great Lakes and Mississippi River Interbasin Study (GLMRIS) Report. The GLMRIS Report presents a range of options and technologies that could be applied to prevent aquatic nuisance species (ANS) transfer between the Great Lakes and Mississippi River basins through aquatic connections. Through a structured study process, USACE identified thirteen ANS of Concern established in one basin that posed a high or medium risk of adverse impacts by transfer and establishment in the opposite basin. USACE analyzed and evaluated available controls to address these ANS, and formulated alternatives specifically for the Chicago Area Waterway System (CAWS) with the goal of preventing ANS transfer between the two basins. USACE conducted 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 seeking public comment on the alternatives presented in the report. This notice also announces the dates and times of public meetings hosted by USACE for the purpose of providing the public an opportunity to comment on alternatives and ask questions regarding the GLMRIS Report.

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.