Department of the Army, Corps of Engineers – Federal Register Recent Federal Regulation Documents
Results 551 - 600 of 1,276
Inland Waterways Users Board
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: August 13, 2013. Location: Meeting at The Brown Hotel, 335 West Broadway, Louisville, Kentucky 40202, at 502-583-1234 or 888-888-5252, or BrownHotel.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) 2013 and 2014, update of proposed water resources-related authorization bills, status of the Olmsted Locks and Dam Project, an update of the Inland Marine Transportation System (IMTS) Levels of Service and status of the Inland Waterways System.
Reservoirs at Headwaters of the Mississippi River; Use and Administration
The U.S. Army Corps of Engineers is proposing to amend the rules regarding use and administration of the reservoirs at the headwaters of the Mississippi River by deleting from the Code of Federal Regulations all references to minimum discharges and to operating limits for the reservoirs. Following extensive public input and environmental review, the St. Paul District of the Corps of Engineers recently adopted an updated operating plan for the Mississippi River Headwaters reservoirs containing minimum flow values that differ from those currently codified in the Code of Federal Regulations. Deleting all references to minimum flows in the regulations will eliminate the current discrepancy between the regulations and the approved operating plan for the reservoirs. The operating limits are also contained in the operating plan for the reservoirs, and eliminating both the minimum flow values and the operating limits from the rule will make it unnecessary to amend the regulations each time the values are modified in the operating plan in the future.
Withdrawal Of Notice of Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Federal Flood Control Project For Hunting Bayou, Harris County, TX
The U.S. Army Corps of Engineers (Corps), Galveston District, is issuing this notice to advise Federal, state, and local government agencies and the public that the Corps is withdrawing its Notice of Intent to prepare a Supplemental Environmental Impact Statement (SEIS) for the reformulation of a new flood damage reduction plan for the Hunting Bayou watershed in Houston, Harris County, TX.
Notice of Intent to Prepare a Draft Environmental Impact Statement (EIS) for the Reaches 8, 9, and 10 Comprehensive Shoreline Stabilization Project in Palm Beach County, Florida
The U.S. Army Corps of Engineers (Corps), Jacksonville District, has received two permit applications for Department of the Army permits under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344) from the Town of Palm Beach (Town) and Palm Beach County (County) to discharge fill in Waters of the United States for the purpose of shoreline stabilization. The two projects being considered and their Department of the Army file numbers are the Town of Palm BeachReach 8 South (SAJ-2005-07908) and the Palm Beach CountyCentral Palm Beach County Comprehensive Erosion Control (SAJ-2008-04086). The projects overlap (i.e. had proposed the discharge of fill in the same location) along approximately 2,000 linear feet from approximately R-132 to R-134 (see Location for further information) when initially submitted and now abut one another. The Corps determined that the proposed beach nourishment projects are connected actions and is evaluating the environmental effects of these connected actions together. The primary Federal involvement associated with the Proposed Activities is the discharge of fill within Waters of the United States and the construction of low profile groins within Navigable Waters of the United States. The proposed project site is a beach situated directly adjacent to extensive hardbottom resources and experiences year-round recreational usage. The Proposed Activities may result in localized shoreline accretion or erosion on the adjacent beach segments and potential adverse effects on federally listed species. Issuance of Federal authorizations for the Proposed Activities would constitute a ``Major Federal Action.'' The Corps is preparing an EIS in compliance with the National Environmental Policy Act (NEPA) to identify and assess the effects of the Proposed Action and its alternatives, including the No Action Alternative, in order to provide a basis for rendering an informed decision on the proposed project. The Corps' decision will be to either issue, issue with modifications, or deny Department of the Army permits for the Proposed Action. The Draft EIS (DEIS) is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the Proposed Action and permit reviews.
Pacific Ocean Off the Pacific Missile Range Facility at Barking Sands, Island of Kauai, Hawaii; Danger Zone
The Corps of Engineers is proposing to amend an existing danger zone in waters of the Pacific Ocean off the Pacific Missile Range Facility at Barking Sands, Island of Kauai, Hawaii. The U.S. Navy conducts missile defense activities, test missile launches, and training activities at the Pacific Missile Range Facility. The proposed amendment is necessary to protect the public from hazards associated with missile launch operations, training activities, and increased threat conditions. The proposed amendment would expand the existing danger zone and would prohibit any activity by the public within the danger zone without first obtaining permission from the Commanding Officer, Pacific Missile Range Facility, to ensure public safety and/or installation good order during range operations, weapon system testing, training activities, increases in force protection and other mission essential evolutions. The expanded danger zone would extend along approximately seven miles of shoreline adjacent to the Pacific Missile Range Facility, with its seaward extent ranging between 2.96 and 4.16 nautical miles offshore.
North Atlantic Coast Comprehensive Study
The Congressional response to the devastation in the wake of Hurricane Sandy included a mandate to collaborate with federal, state, tribal and local government agencies to regionally address the vulnerability of coastal populations at risk within the boundaries of the U.S. Army Corps of Engineers (USACE) North Atlantic Division. The goals of the North Atlantic Coast Comprehensive Study authorized under the Disaster Relief Appropriations Act, Public Law 113-2, are to (1) reduce flood risk to vulnerable coastal populations, and (2) promote coastal resilient communities to ensure a sustainable and robust coastal landscape system, considering future sea-level rise and climate change scenarios. In addition, the Comprehensive Study will identify activities warranting further analysis and institutional barriers to comprehensive implementation. A draft of the North Atlantic Coast Comprehensive Study will be available for public review and comment in early 2014 and a final report is due to Congress in January 2015. The study will identify those areas warranting more detailed evaluations; however, USACE is not authorized to develop designs or implement such projects at this time. Although potential environmental impacts will be generally evaluated, National Environmental Policy Act (NEPA) compliance processes will not be completed due to the scale of the study. Full NEPA and other environmental compliance would be required as part of future detailed evaluations before any actions could be implemented.
Proposed Reductions in Levels of Service at Locks and Dams on the J Bennett Johnston Waterway (Red River)
It is proposed that the hours of availability at Lindy C. Boggs and John H. Overton Locks on the J Bennett Johnston Waterway (Red River) will remain at the current schedule of 24 hours per day, 7 days per week, 365 days per year. It is also proposed that the hours of availability at Lock 3, Russell B. Long, and Joe D. Waggonner locks will be reduced from the current schedule of 24 hours per day, 7 days per week, 365 days per year, to 20 hours per day, as operated by the contractor, 7 days per week, 365 days per year. The Inland Marine Transportation System Level of Service Guidelines led to the reduced hours of operation for Lock 3, Russell B. Long, and Joe D. Waggonner locks. The intended effect is to provide lock availability that matches existing lock usage. Pool levels will not be affected by change of operating hours.
Intent To Prepare an Environmental Impact Statement for Arctic Deep Draft Ports Navigation Improvements Feasibility Study
The U.S. Army Corps of Engineers (USACE) announces its intention to prepare an Environmental Impact Statement (EIS) to study the feasibility of improving the navigation infrastructure in the vicinity of Norton Sound and the Bering Strait with a focus on existing infrastructure at Nome, possible infrastructure at Cape Riley near Teller, and improved infrastructure at Point Spencer at Port Clarence, Alaska. This study will be performed through a partnership between USACE and the State of Alaska, Department of Transportation. The existing infrastructure in this region of Alaska is presently not capable of meeting existing or anticipated navigation demands for multinational, Federal, state, and local interests. Of particular concern in this region is the ability to provide a systematic approach to meeting navigation requirements in this region in response to a changing climate and thus an increasing need for environmentally and responsibly planned infrastructure. The EIS will address the potential for positive and negative environmental impacts of construction, operation, and maintenance of marine infrastructure serving the Norton Sound and Bering Strait region. USACE will hold scoping meetings in Nome and Teller, Alaska, in an effort to better define the issues associated with navigation in this region of Alaska. Teleconferencing or VTC will be set up as available to accommodate stakeholders unable to be present at the scoping meetings. Scoping will be ongoing throughout the feasibility study process.
East Bay, St. Andrews Bay and the Gulf of Mexico at Tyndall Air Force Base, Florida; Restricted Areas
The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations by revising an existing restricted area regulation and establishing six new restricted areas along the Tyndall Air Force Base (AFB) facility shoreline. Tyndall AFB is surrounded on three sides by water with approximately 129 miles of unprotected coastline. This includes several areas where the lack of security or lack of restriction on access to these areas leaves Tyndall AFB personnel and resources vulnerable to unauthorized activities. This amendment is necessary to implement an enhanced security plan for Tyndall AFB, which includes four new permanent restricted areas and the ability to activate two additional restricted areas as local and national intelligence threat evaluations dictate.
Modification of Permit Application and Intent for Additional Public Scoping for an Environmental Impact Statement for the Port of Gulfport Expansion Project, Harrison County, Mississippi (Department of the Army Permit Number SAM-2009-1768-DMY)
The U.S. Army Corps of Engineers, Mobile District (USACE) announces a modification to a project proposed by the Mississippi State Port Authority (MSPA) for which an Environmental Impact Statement (EIS) is being prepared. The Mississippi Development Authority (MDA) and the National Marine Fisheries Service (NMFS) are cooperating agencies in the preparation of the EIS. The proposed port expansion project involves impacting up to 200 acres of open-water bottom in the Mississippi Sound from the construction of wharfs, bulkheads, terminal facilities, container storage areas, intermodal container transfer facilities, dredging and dredged material disposal and infrastructure, and construction of a breakwater of approximately 4,000 linear feet. The recently received permit application modification proposes additional dredging and dredged material placement to modify the Gulfport Harbor Federal Navigation Channel (FNC) for a length of approximately 20 miles from the current federally authorized dimensions. The federally authorized turning basin would also be modified, as would the proposed turning basin expansion. The proposed project will include modifications to the authorized FNC and other navigation features to support a navigable channel depth of up to 47 feet in the Mississippi Sound and 49 feet in the Bar Channel plus advance maintenance and allowable over depth requirements. Modification to navigation features adjacent to the port facilities include deepening the existing Federal turning basin area and port berthing areas, a turning basin expansion, and new berthing areas. Widening the channel may be requested based on results of planned ship simulations. Final channel design and associated environmental impacts will be addressed during the permitting and EIS process. The EIS will evaluate the effects of construction and long term effects of the proposed expansion and channel modification, including placement of new work and maintenance dredged material in beneficial use sites or other placement areas, such as open water and ocean dredged material disposal sites. Alternatives to the proposed action will be evaluated in the EIS, which will assist the USACE in deciding whether to issue a Department of the Army permit. The purpose of this Notice of Intent is to inform and educate the public of changes to the proposed project; invite public participation in the EIS process; announce the plans for an additional public scoping meeting; solicit public comments for consideration in establishing the scope and content of the EIS; and provide notice of potential impacts to open-water benthic and other habitats potentially impacted by the project.
Pacific Ocean Off the Kekaha Range Facility at Barking Sands, Island of Kauai, Hawaii; Danger Zone
The Corps of Engineers is proposing to amend its regulations to establish a new danger zone in waters of the Pacific Ocean off the Kekaha Range Facility, Barking Sands, Island of Kauai, Hawaii. The proposed amendment is necessary for the Hawaii Army National Guard to continue small arms training operations at the Kekaha Range Facility and to protect the public from potentially hazardous conditions which may exist as a result of that use. The proposed amendment would prohibit, on an intermittent basis, vessels from entering a six mile wide section of the Pacific Ocean that narrows to a 0.7 mile wide section along the shoreline fronting the Kekaha Range Facility without first obtaining permission from the Commanding Officer of Kekaha Range Facility.
Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Meeting for the Berths 212-224 [YTI] Container Terminal Project at the Port of Los Angeles, Los Angeles County, California (SPL-2013-0113-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 212-224 [YTI] Container Terminal Improvement Project.
Revised Notice of Intent To Prepare a joint Environmental Impact Statement/Environmental Impact Report for the Southport Sacramento River Early Implementation Project, West Sacramento, CA
This notice is a revision of the Notice of Intent published August 26, 2011 (76 FR 53423). Pursuant to the National Environmental Policy Act of 1969, as amended, and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers (USACE) is preparing an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408), and Section 404 of the Clean Water Act (33 U.S.C. 1344), for the proposed Southport Sacramento River Early Implementation Project (EIP), sponsored by the West Sacramento Area Flood Control Agency (WSAFCA). Figures of the project area can be viewed at https://www.cityofwestsacramento.org/city/flood. WSAFCA is planning the Southport Sacramento River EIP to implement flood-risk management measures along the Sacramento River South Levee in the City of West Sacramento, Yolo County, CA. Since publication of the 2011 Notice of Intent, WSAFCA has expanded the study area to include additional potential soil borrow sites. Material from these borrow sites may be used as part of project construction. The potential construction area extends along the right (west) bank of the Sacramento River south of the Barge Canal downstream approximately 6 miles to the South Cross Levee, adjacent to the Southport community of West Sacramento. The potential soil borrow sites are located to the east and west of southern Jefferson Blvd.; adjacent to the construction area; immediately west of the Sacramento Deep Water Ship Channel; and south of the South Cross Levee. In order to implement the project, the sponsor must receive permission from USACE to alter the Federal project under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408 or, Section 408). USACE also has authority under Section 404 of the Clean Water Act (33 U.S.C. 1344) over activities involving the discharge of dredged or fill material to waters of the United States, which are known to be in the project area. The project would bring the levee up to current Federal and state levee design standards, and provide some opportunities for ecosystem restoration and public recreation. USACE, acting as the federal lead agency under NEPA, and WSAFCA, acting as the state lead agency under the CEQA in coordination with the Central Valley Flood Protection Board, have determined that an EIS/EIR should be prepared to describe alternatives, potential environmental effects, and mitigation measures.
Notice of Open House-Draft 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), will conduct open house style meetings and accept comments on the Draft Environmental Impact Statement (DEIS) for the update of the Alabama-Coosa-Tallapoosa River Basin (ACT) Water Control Master Manual (Master Manual). The public comment period began with the Notice of Availability published by the Environmental Protection Agency on March 1, 2013 and will end 60 days after that date. The open houses will be held at the times and places indicated in the SUPPLEMENTARY INFORMATION section.
Intent To Prepare a Draft Environmental Impact Statement for the Proposed Delta Wetlands Project in San Joaquin and Contra Costa Counties, CA, Corps Permit Application Number SPK-1901-09804
Delta Wetland Properties (Applicant) has applied for a Department of Army permit under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899 (R & H A) to develop two Reservoir Islands (Bacon Island and Webb Tract). Applications with the Department of Army under Section 404 of the CWA for the discharge of dredged or fill material into waters of the United States and under the Rivers and Harbors Act (RHA) Section 10 for activities within navigable waters were first filed with the U.S. Army Corps of Engineers (Corps) in 1987. The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) issued no-jeopardy Biological Opinions (BOs) for the project in May and June 2000. The Corps issued a Department of the Army Permit under CWA Section 404 (Permit 190109804) for the project on June 26, 2002. Permit 190109804 required that construction be completed by December 31, 2007. The applicant is applying for a new permit for the project because the previously issued permit has expired. The Corps has determined that a Supplement to the Environmental Impact Statement (EIS) for the Delta Wetlands Project (prepared in 2001) is required. Delta Wetland Properties has applied for a new Department of the Army permit to fill approximately 2,156 acres of waters of the United States, including wetlands, to implement the project.
Board on Coastal Engineering Research
In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board on Coastal Engineering Research. Date of Meeting: March 18-19, 2013. Place: Conference Room, Coastal and Hydraulics Laboratory Field Research Facility, 1261 Duck Road, Kitty Hawk, NC 27949. Time: 8:30 a.m. to 4:30 p.m. (March 18, 2013). 8:30 a.m. to 11:30 a.m. (March 19, 2013).
Intent To Prepare a Draft and Final Environmental Impact Statement for the Herbert Hoover Dike Major Rehabilitation Project and Dam Safety Modification Study, Okeechobee, Glades, Hendry, Martin, and Palm Beach Counties
The Jacksonville District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (EIS) for the Herbert Hoover Dike (HHD) Major Rehabilitation Project and Dam Safety Modification Study. Herbert Hoover Dike is the 143 mile embankment surrounding Lake Okeechobee in south central Florida. A Dam Safety Modification Study has been initiated for the HHD and will be focused on a system wide risk reduction approach as required for safety modifications to dams. The purpose of the study is to identify risk reduction measures that can be implemented to reduce risks in the HHD system. On July 8 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) and Record of Decision for the Major Rehabilitation actions proposed for Reach One of the HHD. Several additional EISs and Environmental Assessments (EAs) have been completed for Reach One of the HHD, including installation of a seepage cutoff wall. The EISs for Reach 1A, Reach 1B, 1C, and 1D, and Reaches 2 and 3 have been retracted by notice in the Federal Register on February 5, 2013 (78 FR 8118- 8119). Most recently, an EA was completed in January 2012 evaluating impacts of an Alternative Rehabilitation Plan pilot test. The purpose of this pilot test, to be constructed in the southern portion of the HHD, is to seek lower cost solutions supporting the overall risk reduction strategy. Information gained from the pilot test will be used during the Dam Safety Modification Study.
South Dakota Task Force Meeting
The duties of the Task Force are to prepare and approve a plan for the use of the funds made available under the Missouri River Restoration Act of 2000 (Title IX) to promote conservation practices in the Missouri River watershed, control and remove sediment from the Missouri River, protect recreation on the Missouri River from sedimentation, and protect Indian and non-Indian historical and cultural sites along the Missouri River from erosion.
Cancellation of the Notice of Intent To Prepare a Draft and Final Supplemental Environmental Impact Statement for Reach 1B, C, and D on the Herbert Hoover Dike Major Rehabilitation Project, Martin and Palm Beach Counties
The Jacksonville District, U.S. Army Corps of Engineers (USACE) hereby cancels its Notice of Intent (NOI) to prepare a Supplemental Environmental Impact Statement (SEIS) for Reach 1B, C, and D on the HHD Major Rehabilitation Project, as published in the Federal Register, July 28, 2009 (74 FR 37190). The cancellation of the subject SEIS is necessitated due to a change in scope of the rehabilitation project. The initial focus of the HHD Major Rehabilitation Report (MRR) from 2000 divided the 143 miles dike into eight Reaches with the initial focus on Reach 1. This Reach by Reach approach is being replaced with a system-wide risk reduction approach as required for safety modifications to dams.
Cancellation of the Notice of Intent To Prepare a Draft and Final Supplemental Environmental Impact Statement for Reach 1A on the Herbert Hoover Dike Major Rehabilitation Project, Martin and Palm Beach Counties
The Jacksonville District, U.S. Army Corps of Engineers (USACE) hereby cancels its Notice of Intent (NOI) to prepare a Supplemental Environmental Impact Statement (SEIS) for Reach 1A on the Herbert Hoover Dike (HHD) Major Rehabilitation Project, as published in the Federal Register, March 9, 2009 (74 FR 10038). The USACE issued a Notice of Availability (NOA) for the Draft SEIS on June 25, 2010 (75 FR 36386). A public meeting was held in Canal Point on July 22, 2010 to present the Draft SEIS. The cancellation of the subject SEIS is necessitated due to a change in scope of the rehabilitation project. The initial focus of the HHD Major Rehabilitation Report (MRR) from 2000 divided the 143 miles dike into eight Reaches with the initial focus on Reach 1. This Reach by Reach approach is being replaced with a system-wide risk reduction approach as required for safety modifications to dams.
Cancellation of the Notice of Intent To Prepare a Draft and Final Supplemental Environmental Impact Statement for Reaches 2 and 3 on the Herbert Hoover Dike Major Rehabilitation Project, Palm Beach and Glades Counties, FL
The Jacksonville District, U.S. Army Corps of Engineers (USACE) hereby cancels its Notice of Intent (NOI) to prepare a Supplemental Environmental Impact Statement (SEIS) for Reaches 2 and 3 on the HHD Major Rehabilitation Project, as published in the Federal Register, August 9, 2006 (71 FR 45539). The USACE issued an NOA for the Draft SEIS on December 22, 2006 (71 FR 77013). A public meeting was held in Clewiston on January 10, 2007 to present the Draft SEIS. The USACE issued a second NOI, published in the Federal Register, August 31, 2009 (74 FR 44828), due to a revision to the preferred alternative discussed and coordinated in the December 2006 Draft SEIS. The cancellation of the subject SEIS is necessitated due to a change in scope of the rehabilitation project. The initial focus of the HHD Major Rehabilitation Report (MRR) from 2000 divided the 143 miles dike into eight Reaches with the initial focus on Reach 1. This Reach by Reach approach is being replaced with a system wide risk reduction approach as required for safety modifications to dams.
Intent To Prepare an Environmental Impact Statement for Sediment Dredging Activities at John Redmond Dam and Reservoir, KS
The purpose of the Environmental Impact Statement (EIS) is to address alternatives and environmental impacts associated with proposed dredging (sediment removal and disposal) activities by the State of Kansas at John Redmond Dam and Reservoir, Kansas. The State of Kansas, acting through the Kansas Water Office (KWO), proposes to fund and perform removal of excessive accumulated sediment from John Redmond Reservoir for the purpose of at least partially restoring conservation pool storage capacity. The proposed action would restore water supply storage for water users as well as regain lost aquatic habitat to the benefit of recreational users and the lake ecosystem. Dredging activities are proposed by the State of Kansas in response to accumulation of excessive amounts of sediment at unanticipated in-lake settling locations and resulting adverse impacts to a critical water supply as well as an important recreational and biological resource.
Civil Monetary Penalty Inflation Adjustment
The U.S. Army Corps of Engineers (Corps) is amending its regulations to adjust its Class I civil penalties under the Clean Water Act and the National Fishing Enhancement Act to account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to our Class I penalties to account for inflation since 2004, we are making a second round of penalty adjustments to account for inflation. Using the adjustment criteria provided in the statute, the Class I civil penalty under the Clean Water Act remains at $11,000 per violation, but the maximum civil penalty increases to $32,500. Under the National Fishing Enhancement Act, the Class I civil penalty remains at $11,000 per violation. Increasing the maximum amount of the Class I civil penalty under the Clean Water Act to account for inflation will maintain the deterrent effects of the penalty.
Civil Monetary Penalty Inflation Adjustment
The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations to adjust its Class I civil penalties under the Clean Water Act and the National Fishing Enhancement Act to account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to our Class I penalties to account for inflation since 2004, we are proposing to make a second round of penalty adjustments to account for inflation. Using the adjustment criteria provided in the statute, the Class I civil penalty under the Clean Water Act would remain at $11,000 per violation, but the maximum civil penalty would increase to $32,500. Under the National Fishing Enhancement Act, the Class I civil penalty would remain at $11,000 per violation. Increasing the maximum amount of the Class I civil penalty under the Clean Water Act to account for inflation will maintain the deterrent effects of the penalty.
Nationwide Permit Program
The U.S. Army Corps of Engineers is amending its nationwide permit regulations so that district engineers can issue nationwide permit verification letters that expire on the same date a nationwide permit expires. This amendment will provide regulatory flexibility and efficiency, by allowing district engineers to issue nationwide permit verifications that are valid for the same period of time a nationwide permit is in effect. We are also amending these regulations to reflect the 45-day pre-construction notification review period that has been in effect for the nationwide permit ``pre-construction notification'' general condition since June 7, 2000.
Notice for the Great Lakes and Mississippi River Interbasin Study (GLMRIS)
The U.S. Army Corps of Engineers (USACE), Chicago District has posted on https://glmris.anl.gov/documents/interim/anscontrol/screening/ index.cfm aquatic nuisance species (ANS) Controls that can be used to prevent the transfer of algae, crustaceans, fish and plants via aquatic pathways. USACE is announcing a comment period to allow for the submission of information on available ANS Controls for these organism types. In a December 8, 2010 notice of intent, Federal Register Notice (75 FR 76447), USACE announced it will prepare a feasibility report and an Environmental Impact Statement (EIS) for GLMRIS. GLMRIS is a feasibility study of the range of options and technologies that could be applied to prevent ANS transfer between the Great Lakes and Mississippi River basins through aquatic pathways. USACE is conducting GLMRIS in consultation with other federal agencies, Native American tribes, state agencies, local governments and non-governmental organizations. For additional information regarding GLMRIS, please refer to the project Web site https://glmris.anl.gov. This notice announces a comment period during which USACE is asking the public to submit (i) information on ANS Controls that may be effective at preventing the transfer of fish, algae, crustaceans and plants in the CAWS but are missing from the USACE's lists of ANS Controls, or (ii) comments regarding the identified ANS Controls.
Chief of Engineers Environmental Advisory Board; Meeting
In accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Date: February 15, 2013. Time: 9:00 a.m. through 12:30 p.m. Location: The ``Caf[eacute] Conference Room'' on the second floor of the Sandra Day O'Connor United States Courthouse (SDOCH), 401 West Washington Street, Phoenix, AZ 85003-21178. Agenda: The Board will advise the Chief of Engineers on environmental policy, identification and resolution of environmental issues and missions, and addressing challenges, problems and opportunities in an environmentally sustainable manner. Discussions and presentations during this meeting will focus on energy and water security and sustainability, and flow management for sustainable river ecosystems. Following the discussions and presentations there will be a public comment period.
Notice of Intent To Prepare an Environmental Impact Statement for the Missouri River Recovery Management Plan, Missouri River, United States
Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, the U.S. Army Corps of Engineers (USACE), Kansas City and Omaha Districts, intend to prepare the Missouri River Recovery Management Plan (Plan) with integrated Environmental Impact Statement (EIS).
Notice of Intent to Grant an Exclusive License of the United States; Patent No. 6,569,807
In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective exclusive license of the following U.S. Patent No. 6,569,807, entitled ``Mycoherbicidal compositions and methods of preparing and using the same'', which issued on May 27, 2003, all reissues, reexaminations, and patent term extensions of this patent, and any international equivalents thereof to Marrone Bio Innovations, Inc.
Intent To Prepare a Draft Supplemental Environmental Impact Statement for Development of a Long-Term Sediment Management Plan of the Mount St. Helens Sediment Retention Structure in the North Fork Toutle River
The U.S. Army Corps of Engineers, Portland District, intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) to assess impacts associated with alternatives for the long-term management of the existing Mount St. Helens (MSH) Sediment Retention Structure (SRS) located at river mile 13.2 of the North Fork Toutle River. The MSH SRS is a single-purpose structure constructed in 1987- 1989 to trap and control downstream movement of volcanic sediments eroding from the debris avalanche of Mount St. Helens. The purpose of the long-term management of the existing MSH SRS is to continue to provide flood damage reduction benefits to downstream communities along the Cowlitz River including Longview, Kelso, Castle Rock, and Lexington, Washington.
Intent to Prepare an Environmental Impact Statement (EIS) for the Donlin Gold Project
The Alaska District, U.S. Army Corps of Engineers (Corps) intends to prepare an Environmental Impact Statement (EIS) to identify and analyze the potential impacts associated with the proposed Donlin Gold Project, which would be an open pit, hardrock gold mine located 10 miles north of the village of Crooked Creek, Alaska. The Corps is the lead Federal agency; the Bureau of Land Management (BLM), the U.S. Fish and Wildlife Service, the Pipeline and Hazardous Materials Safety Administration, the Environmental Protection Agency, and the Alaska Department of Natural Resources will serve as cooperating agencies in developing the EIS. The Tribal governments of Crooked Creek, Chuathbaluk, and Napaimute have also indicated their intention to serve as cooperating agencies. The Corps will be evaluating a permit application for work and/or discharges of pollutants under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The EIS will be used as a basis for the permit decision in compliance with the National Environmental Policy Act (NEPA).
Notice of Availability for the Draft Environmental Impact Statement for the Gregory Canyon Landfill Project, San Diego County, CA
The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division) has completed a Draft Environmental Impact Statement (EIS) for the proposed Gregory Canyon Landfill Project in San Diego County, CA. The project proponent and landowner, Gregory Canyon, Ltd., requires authorization pursuant to Section 404 of the Clean Water Act to discharge fill material into waters of the U.S. associated with the construction of the proposed project.
Notice of Correction to the Notice of Intent To Prepare a Joint Environmental Impact Statement (EIS) for the Gateway Pacific Terminals Bulk Dry Goods Shipping Facility and the Custer Spur Rail Expansion Projects
This notice corrects the date of one of the public scoping meetings listed in the Notice of Intent published in the Federal Register (77 FR 71405) on Friday, November 30, 2012. The Seattle public scoping meeting will be held at the Washington State Convention Center, Ballroom 6F, 800 Convention Place, Seattle, WA 98101 on Thursday, December 13, 2012, from 4:00 p.m. to 7:00 p.m.
Intent To Prepare an Environmental Impact Statement for the Proposed Flood Risk Management Study for the Blanchard River Watershed Including Communities of Findlay and Ottawa, OH
Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508) and Public Law 102-484 Section 2834, as amended by Public Law 104-106 Section 2867, the Department of the Army hereby gives notice of intent to prepare an Environmental Impact Statement (EIS) for the subject Flood Risk Management Study. The Buffalo District of the U.S. Army Corps of Engineers (USACE) will be the lead agency in preparing the EIS. The EIS will consider Federal actions associated with the proposed Flood Risk Management Study in the Blanchard River Watershed including the communities of the City of Findlay in Hancock County and the Village of Ottawa in Putnam County, OH. More specifically, this document will discuss measures to improve flood risk management, navigation, water quality, recreation, and fish and wildlife habitat in a comprehensive manner in the Blanchard River Watershed, Ohio. The overall goal of the study is to reduce flood risk by saving lives and minimizing property damage in the event of floods in Findlay and Ottawa, Ohio. The plan will consider a range of structural and nonstructural measures that may be used for flood risk management in the Blanchard River Watershed.
Notice of Correction to the Notice of Intent To Prepare a Joint Environmental Impact Statement (EIS) for the Gateway Pacific Terminals Bulk Dry Goods Shipping Facility and the Custer Spur Rail Expansion Projects
This notice corrects the location and date of one of the public scoping meetings listed in the Notice of Intent published in the Federal Register (77 FR 58531) on Friday, September 21, 2012. The venue for the Seattle public scoping meeting previously scheduled for November 13, 2012 is no longer available. The Seattle public scoping meeting will be held at the Washington State Convention Center, Rooms 6A, 6B, 6C, and 6D, 800 Convention Place, Seattle, WA 98101 on Monday, December 17, 2012, from 4:00 p.m. to 7:00 p.m.
Inland Waterways Users Board
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: December 19, 2012. Location: The Julian Carroll Convention Center at the Paducah McCracken County Convention and Expo Center, 414 Park Street, Paducah, Kentucky 42001 at 270-408-1346 or Info@paducahconventions.com, with accommodations at the Fairfield Inn and Suites Paducah, 3950 Coleman Crossing Circle, Paducah, Kentucky 42001 at 270-442-1700. 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 and the status of the Inland Waterways Trust Fund, the funding status for Fiscal Year (FY) 2013, status of the Olmsted Locks and Dam Project, the Board's annual report for 2012 and the project investment recommendations, along with updates of the Inland Marine Transportation System (IMTS) Levels of Service and the Impacts of Low Water on the Inland Waterways System.
Notice of Intent To Prepare a Draft Environment Impact Statement for the Proposed Prado Basin, California Feasibility Study, City of Corona, Riverside County, CA
The Los Angeles District of the U.S. Army Corps of Engineers (Corps) and Orange County Water District (OCWD), the non-Federal sponsor for the project, intend to jointly prepare an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to study, plan, and implement a multifaceted project to restore environmental resources and conserve water within Prado Basin and downstream of the Prado Dam, within the Santa Ana River. This effort will focus on restoring aquatic, wetland, and riparian habitats for endangered and otherwise associated native species, conserving water and resolving issues related to the alteration of the natural sediment transport regime.
Intent To Prepare a Draft Environmental Impact Statement and Feasibility Report for the Can
The Jacksonville District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) and Feasibility Report (FR) for the ecosystem restoration of the Cano Martin Pena (CMP) within the San Juan Bay National Estuary (SJBE), San Juan, Puerto Rico. The CMP Ecosystem Restoration Project consists of (a) dredging approximately 825,200 cubic yards of sediments and debris in 2.2 miles of the eastern segment of the CMP, from the San Jose Lagoon westbound to the Enrique Marti Coll Linal Park pedestrian bridge; and, (b) installing sheet piles along north and south of the CMP. Additional features include, among others, a mangrove restoration project along the CMP, formal public spaces for recreation and interaction between the communities, visitors and the CMP identified as water plazas, and a mangrove restoration project at the Suarez Canal. The project is a cooperative effort between the Corps and the non- Federal sponsor Corporacion del Proyecto ENLACE del Cano Martin Pena (ENLACE).
Notice of Intent To Revise Scope of Draft Environmental Impact Statement for Updating the Water Control Manual for the Apalachicola-Chattahoochee-Flint River Basin To Account for the U.S. Court of Appeals for the Eleventh Circuit Ruling and a June 2012 Legal Opinion of the Corps' Chief Counsel Regarding Authority To Accommodate Municipal and Industrial Water Supply From the Buford Dam/Lake Lanier Project
Notice is hereby given that the U.S. Army Corps of Engineers (Corps), Mobile District, intends to revise the scope of the Environmental Impact Statement (EIS) for the Water Control Manual (WCM) updates for the Apalachicola-Chattahoochee-Flint (ACF) River Basin in Alabama, Florida, and Georgia, in light of a June 2011 decision of the U.S. Court of Appeals for the Eleventh Circuit and a June 2012 legal opinion of the Corps' Chief Counsel regarding authority to accommodate municipal and industrial water supply from the Buford Dam/Lake Lanier project. The Corps is updating the water control plans and manuals for the ACF Basin in order to improve operations for authorized purposes to reflect changed conditions since the manuals were last developed. The revised EIS will also consider, along with operations for all authorized purposes, an expanded range of water supply alternatives associated with the Buford Dam/Lake Lanier project, including current levels of water supply withdrawals and additional amounts that Georgia has requested from Lake Lanier and downstream at Atlanta. In all other respects, the scope of the EIS for the WCM updates will remain as described in the Updated Scoping Report, Environmental Impact Statement, Update of the Water Control Manual for the Apalachicola- Chattahoochee-Flint (ACF) River Basin, in Alabama, Florida, and Georgia (March 2010), available at https://www.sam.usace.army.mil/pa/acf-wcm/ docs.htm, the Corps solicits comments from interested persons regarding the scope of the EIS for the WCM updates.
Felgates Creek and Indian Field Creek Along the York River in Yorktown, VA; Restricted Area
The Corps of Engineers is amending an existing restricted area to include the waters of Felgates Creek and Indian Field Creek along the York River in Yorktown, Virginia. Naval Weapons Station Yorktown requested the Corps of Engineers modify the existing restricted area to include areas historically noted on nautical charts as closed to the public and traditionally enforced by Commander, Naval Weapons Station Yorktown.
Atlantic Ocean off Wallops Island and Chincoteague Inlet, VA; Danger Zone
The U.S. Army Corps of Engineers (Corps) is amending an existing permanent danger zone in the waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia. The National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility flight range capabilities have been expanded to accommodate larger classes of orbital rockets. This amendment increases the permanent danger zone to a 30 nautical mile sector and is necessary to protect the public from hazards associated with rocket-launching operations.
Withdrawal of Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report for the Ballona Creek Ecosystem Restoration Feasibility Study, Los Angeles County, CA
The Los Angeles District of the U.S. Army Corps of Engineers (Corps) published a Notice of Intent to Prepare a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Ballona Creek Ecosystem Restoration Feasibility Study in the Federal Register on September 20, 2005 (70 FR 55116). The study's purpose is to evaluate structural and non-structural means of restoring diminished ecosystem functions and services within the lower reach of Ballona Creek including coastal wetlands. Santa Monica Bay Restoration Commission (SMBRC) is the local sponsor for the cost-shared study. On September 29, 2005, a public scoping meeting was held pursuant to requirements of the National Environmental Policy Act and Engineer Regulations 1105-2-100. Baseline conditions portions of the EIS/EIR have been completed as of January, 2012. On July 17, 2012, the SMBRC requested the Corps terminate the study. Therefore, the Corps is withdrawing the Notice of Intent to Prepare a draft EIS/EIR.
Reissuance of Nationwide Permits
The U.S. Army Corps of Engineers published a document in the Federal Register of February 21, 2012, a final notice concerning the reissuance of nationwide permits. On March 19, 2012, the U.S. Army Corps of Engineers published a correction to that final notice. This document contains additional corrections to the February 21, 2012, final notice.
Intent To Prepare a Draft Environmental Impact Statement (EIS) for the Installation of a Terminal Groin Structure at Shallotte River Inlet and To Conduct Supplemental Beach Nourishment Along the Eastern Oceanfront Shoreline of Ocean Isle Beach, in 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 Town of Ocean Isle Beach to develop and implement a shoreline protection plan that includes the installation of a terminal groin structure on the west side of Shallotte Inlet (not a federally maintained navigational channel) and the nourishment of the oceanfront shoreline along the eastern end of Ocean Isle Beach.
Intent to Prepare a Draft Environmental Impact Statement/Environmental Impact Report for the Proposed Ballona Wetlands Restoration Project at Ballona Creek Within the City and County of Los Angeles, California
The U.S. Army Corps of Engineers (Corps) and the California Department of Fish and Game (CDFG) intend to jointly prepare a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/EIR) for the proposed Ballona Wetlands Restoration Project. The proposed project is intended to return the daily ebb and flow of tidal waters, maintain freshwater circulation, and augment the physical and biological functions and services in the project area. Restoring the wetland functions and services would allow native wetland vegetation to be reestablished, providing important habitat for a variety of wildlife species. As a restored site, the Ballona Wetlands would play an important role to provide seasonal habitat for migratory birds. A restored, optimally functioning wetland would also benefit the adjacent marine environment and enhance the quality of tidal waters. The purpose of this notice is to inform the public the comment period for scoping has been extended to October 23, 2012.
Board on Coastal Engineering Research
In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board on Coastal Engineering Research. Date of Meeting: September 18-20, 2012. Place: Starboard/Windward Ballroom, Wyndham Jacksonville Riverwalk, 1515 Prudential Drive, Jacksonville, FL 32207. Time: 8 a.m. to 5:20 p.m. (September 18, 2012). 8:30 a.m. to 12:50 p.m. (September 19, 2012). 8 a.m. to 12 p.m. (September 20, 2012).
Notice of Intent To Prepare a Draft Environmental Impact Statement on the Construction and Operation of the Everglades Agricultural Area A1 Flow Equalization Basin, Palm Beach County, FL
The U.S. Army Corps of Engineers (USACE), Jacksonville District, is in the preapplication phase of its evaluation of the anticipated application from the South Florida Water Management District (SFWMD) for a U.S. Department of the Army (DA) permit under Section 404 of the Clean Water Act for construction and operation of a Flow Equalization Basin (FEB) at the location of the Everglades Agricultural Area (EAA) A1 Reservoir project that was not fully constructed. The USACE regulates the discharge of dredged or fill material into Waters of the United States, including jurisdictional ditches and/or wetlands, associated with construction of any proposed action. The USACE anticipates a decision on the proposed activities would constitute a Major Federal Action in accordance with 40 CFR Section 1501.8. Based on the size of the project area, the current purpose for the site, and the potential environmental impacts, both individually and cumulatively, of the anticipated Proposed Action, the USACE intends to prepare an Environmental Impact Statement (EIS) in compliance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.) to inform any final decision on the permit application. The USACE's decision will be to either issue, issue with modifications to the applicant's proposal, or deny Department of the Army permits for the Proposed Action. The Draft EIS is intended to be sufficient in scope to address federal and other requirements and environmental issues concerning the Proposed Action to support the Corps determination whether to issue a Section 404 permit. The U.S. Environmental Protection Agency (U.S. EPA) and the U.S. Department of Interior (U.S. DOI) will be offered the option of being a cooperating agency on the EIS.
Notice of Availability for the Final Environmental Impact Statement for the Proposed Widening of the Pascagoula Lower Sound/Bayou Casotte Channel, Jackson County, MS
On April 6, 2011, the Jackson County Port Authority (JCPA) submitted a joint application to the U.S. Army Corps of Engineers (Corps), Mobile District, Mississippi Department of Environmental Quality (MDEQ) and the Mississippi Department of Marine Resources (MDMR) for authorization to impact wetlands and other waters of the United States associated with the proposed widening of the Pascagoula Lower Sound/Bayou Casotte Channel (the proposed project). The proposed project is located in the Pascagoula Lower Sound/Bayou Casotte, Pascagoula, Jackson County, Mississippi (Latitude 30.365[deg] North, Longitude 88.556[deg] West). The Corps prepared a Draft Environmental Impact Statement (DEIS) to assess the potential environmental impacts associated with the proposed project and to promote informed decision- making by appropriate agencies; the DEIS was released April 13, 2012. The Corps is now publishing a Final Environmental Impact Statement (FEIS) to assess the potential environmental impacts associated with the proposed project. The proposed project is the dredging of approximately 38,200 feet (7.2 miles) of the existing Pascagoula Lower Sound/Bayou Casotte Channel segment to widen the channel from the Federally authorized width of 350 feet and depth of -42 feet mean lower low water (MLLW) (with 2 feet of allowable over-depth and 2 feet of advanced maintenance) to a width of 450 feet, parallel to the existing channel centerline and to the existing Federally authorized depth of - 42 feet MLLW. The proposed project would include the placement of approximately 3.4 million cubic yards of dredged material resulting from the channel modification.
Intent To Prepare an Environmental Impact Statement for the Kissimmee Basin Modified Water Control Plan, Okeechobee, Highlands, Polk, Osceola and Orange Counties, FL
The Jacksonville District, U.S. Army Corps of Engineers intends to prepare the Kissimmee Basin Modified Water Control Plan (KBMWCP) & Environmental Impacts Statement (EIS) to achieve a more acceptable balance among flood control, water supply, aquatic plant management, and natural resources. This document will include the operating criteria results of the Kissimmee Basin Modeling Operations Study (KBMOS) and the Lower Kissimmee River Operations Study (LKROS). The KBMWCP and EIS study is a cooperative effort between the U.S. Army Corps of Engineers and the South Florida Water Management District (SFWMD).
Chief of Engineers Environmental Advisory Board; Meeting
In accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Date: August 28, 2012. Time: 8:30 a.m. through 12:00 p.m. Location: Ralph H. Metcalfe Federal Building (RMFB), 77 West Jackson Boulevard, Room 331, Chicago, IL 60604. Agenda: The Board will advise the Chief of Engineers on environmental policy, identification and resolution of environmental issues and missions, and addressing challenges, problems and opportunities in an environmentally sustainable manner. Discussions and presentations during this meeting will focus on the effects of invasive species on native ecosystems and management techniques. Following the discussions and presentations there will be a public comment period.
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