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

In accordance with the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3, announcement is made of the forthcoming meeting. Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Date: September 11, 2013. Time: 9:00 a.m. through 12:00 p.m. Location: Room 3K10, Headquarters, U.S. Army Corps of Engineers, in the Government Accountability Office (GAO) Building, 441 G Street NW., Washington, DC 20548-0002, Phone: (202) 512-6000. Purpose of the Meeting and 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 include flow management for sustainable river ecosystems; Corps' outreach opportunities in science, technology, engineering, and mathematics (STEM) education; and introduction of a multi-year work plan for the Board. The Board will also briefly discuss recent site visits and completed letter reports. Following Board discussions and presentations there will be a public comment period. Public's Accessibility to the Meeting: This meeting will be open to the public. Anyone attending the meeting must enter and exit at the G Street visitors entrance of the GAO Building, present a valid form of government issued photo identification (e.g., drivers license, state- issued photo ID, or passport), and pass through the security screening station. All visitors must be escorted while in the building. The GAO Building is accessible to persons with disabilities. Attendees need to arrive in time to complete the security screening and arrive at the meeting room before 9:00 a.m. Seating will be limited and on a first- come basis. The Committee's Designated Federal Officer (DFO) and Point of Contact: Mr. John C. Furry, Phone: (202) 761-5875, or email john.c.furry@usace.army.mil

Millennium Bulk TerminalsLongview, LLC (MBTL) is proposing to construct and operate a shipping facility near Longview, Washington. MBTL currently intends to ship coal from the facility. Department of the Army (DA) authorization is required pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The Corps has determined the proposed project may have significant individual and/or cumulative impacts on the human environment. The Corps has entered into an agreement with the Cowlitz County Building and Planning Department (County) and the Washington State Department of Ecology (WDOE), (together, the co-lead agencies) to prepare a joint Environmental Impact Statement (EIS) in accordance with both the National Environmental Policy Act (NEPA) of 1969, as amended, and the Washington State Environmental Policy Act (SEPA). The Corps will serve as the lead federal agency for purposes of NEPA, and the County and WDOE will serve as lead agencies under SEPA.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place: Name of Committee: Board on Coastal Engineering Research. Date of Meeting: September 4-6, 2013. Place: Atlantic Ballroom, Ocean Place Resort and Spa, One Ocean Boulevard, Long Branch, NJ 07740. Time: 8:00 a.m. to 1:30 p.m. (September 4, 2013). 8:00 a.m. to 5:00 p.m. (September 5, 2013). 8:00 a.m. to 11:00 a.m. (September 6, 2013). Purpose of the Meeting: The purpose of the meeting is to explore impacts due to Hurricane Sandy on the water resources infrastructure and coastlines of North Atlantic Division and discuss research needs associated with sustaining resilient coastal communities and systems through risk reduction, regional sediment management, and ecosystem restoration activities. Agenda: Presentations and panel presentations on Wednesday morning, September 4, will include a Charge to the Board by the Chief of Engineers and panel presentations dealing with Hurricane Sandy: Response and Recovery. Presentations dealing with Response include Forecasting Hurricane Sandy, State of New Jersey Response to Hurricane Sandy, New York City Response to Hurricane Sandy, and National Hurricane Program. Presentations dealing with Recovery (Part 1) include Hurricane Sandy Rebuilding Task Force and Hurricane Sandy Coastal Projects Performance Evaluation Study. There will be an optional field trip Wednesday afternoon to visit Sea Bright, Union Beach, Mantoloking, and Ortley Beach. On Thursday, September 5, 2013, there will be panel presentations dealing with Hurricane Sandy: Recovery (Part 2) and Hurricane Sandy: Resilience. Presentations dealing with Hurricane Sandy: Recovery include Coastal Breach Closures, Addressing Post-Storm Beach Repair Challenges, The Port Authority of New York/New Jersey Recovery Operations, and Science and Technology Solutions that Supported Response and Recovery. Presentations dealing with Hurricane Sandy: Resilience include USACE North Atlantic Coast Comprehensive Study; Innovative Approach to Coastal System Resilience; Recommendation to Improve the Strength and Resilience of the Empire State's Infrastructure; Making Coastal Communities Resilient; Coastal Resilience, a Municipality Perspective; and A Framework for Quantifying Resilient Coastal Systems. There will be a luncheon speaker to discuss Improving Resilience to Coastal Storms for the City of New York. The Board will meet in Executive Session to discuss ongoing initiatives and ongoing and future actions on Friday morning, September 6, 2013. Public Participation: Pursuant to 5 U.S.C. 552b and 41 CFR 102- 3.140 through 102-3.165, and the availability of space, the Board on Coastal Engineering Research meeting is open to the public. Participation by the public is scheduled for 4:00 p.m. on Thursday, September 5, 2013. The entire meeting and field trip are open to the public, but since seating capacity is limited, advance notice of attendance is required. Oral participation by public attendees is encouraged during the time scheduled on the agenda; written statements may be submitted to the Federal Designated Officer for the Board on Coastal Engineering Research prior to the meeting or up to 30 days after the meeting and addressed to COL Jeffrey R. Eckstein, Designated Federal Officer and Executive Secretary, U.S. Army Engineer Research and Development Center, Waterways Experiment Station, 3909 Halls Ferry Road, Vicksburg, MS 39180-6199, phone 601-634-2513, or Jeffrey.R.Eckstein@usace.army.mil.

The duties of the Task Force are to prepare and approve a plan for the use of the funds made available under Title VII to reduce siltation of the Missouri River in the State of North Dakota, develop and implement a long-term strategy to improve conservation, protect recreation from sedimentation, improve water quality, improve erosion control, and protect historic and cultural sites along the Missouri River in North Dakota from erosion, and to identify and develop new projects.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.