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

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.

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.

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.

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.

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).

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.

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.

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.

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.

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).

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.

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.

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.

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).

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.

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.

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 29, 2012. Location: The Sheraton St. Louis City Center Hotel and Suites, 400 South 14th Street, St. Louis, MO 63103 at (314) 231-5007. 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) 2012 and the FY 2013 budget, status of the Olmsted Locks and Dam Project, and the Board will consider its project investment recommendations for the next year.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) received a Department of the Army permit application from Westpark S.V. 400, LLC (Applicant) to fill approximately 9.6 acres of waters of the United States to construct the proposed Westbrook Project in Placer County, CA, in June 2011. The Corps, as the lead agency responsible for compliance with the National Environmental Policy Act (NEPA), determined that the proposed project may result in significant impacts to the environment, and that the preparation of an Environmental Impact Statement (EIS) is required. The Applicant proposes to implement a moderate scale, mixed-use, mixed-density master planned community. The Westbrook Project, as proposed, would include a mixture of land uses, including new residential neighborhoods, elementary school, parks and several neighborhood serving retail centers. The Westbrook Project would involve approximately 146 acres of low-density residential, 84 acres of medium-density residential, 28 acres of high-density residential and 43 acres of commercial land uses. Other proposed land uses include a 10- acre elementary school site, approximately 16 acres for three neighborhood parks, and approximately 37 acres of open space for the preservation of natural resources areas. The proposed project site is approximately 400 acres and contains approximately 13 acres of waters of the United States. The project, as proposed, would result in direct impacts to approximately 9.6 acres of waters of the United States. These acreages do not include indirect impacts from the proposed action or impacts anticipated to result from offsite infrastructure that may be determined to be required as part of the project through the Environmental Impact Statement (EIS) process.

The U.S. Navy (USN) requested that the U.S. Army Corps of Engineers (Corps) disestablish the restricted area (RA) located 4 nautical miles due south of Lands End in Newport, Rhode Island. The RA was established on August 31, 1987. The purpose of the RA was to establish a practice minefield for conducting mine detection and mine sweeping exercises. Use of the RA by the USN has been discontinued. Given the inert practice materials that were used at the site, the USN has determined that disestablishment of the area will not pose any hazard or threat to public safety.

The U.S. Army Corps of Engineers, Portland District (Corps), intends to prepare a Draft Environmental Impact Statement (DEIS) to reduce avian predation on juvenile salmonids through management of double-crested cormorants (Phalacrocorax auritus; hereafter, cormorant used alone refers to double-crested cormorant) in the Columbia River Estuary (CRE). Recent increases in the number of cormorants nesting in the CRE has led to concerns over their potential impact on the recovery of federally-listed threatened and endangered Columbia River basin salmonids (Oncorhynchus spp.; i.e., salmon and steelhead). In 2010 and 2011, the cormorant colony at East Sand Island (ESI) in the CRE consumed about 19.2 and 22.6 million out-migrating juvenile salmonids, which equates to about 18 percent of the entire out-migrating salmon for those years. A portion of the salmonids consumed are listed under the Endangered Species Act (ESA). Managing cormorants to reduce predation on salmonids would complement other recovery efforts to address the threats that caused these fish to be listed under the ESA and would contribute to the overall recovery of listed salmonids in the Columbia River basin.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended and the 1958 Water Supply Act, as amended, the U.S. Army Corps of Engineers (USACE), Omaha District, intends to prepare an integrated Municipal and Industrial (M&I) Water Supply Storage Reallocation Report and Environmental Impact Statement (EIS) for the Missouri River. The purpose of the study is to determine if changes to the current allocation of storage for M&I water supply may be warranted, and what the effects of making those changes would be on other authorized project purposes. If found to be feasible, storage could be allocated for purposes specific to M&I water supply storage, allowing for non-federal entities to acquire the rights to storage on a long-term or permanent basis via water supply contracts with the Corps of Engineers.

The three locks in the Twin Cities (Upper St. Anthony Falls, Lower St. Anthony Falls, and Lock and Dam 1) located in Minneapolis, MN, on the Mississippi River, currently operate at Service Level 1 (24 hours per day/7 days per week) during the navigation season. It is proposed that these three locks and dams transition to Service Level 2 for the 2013 navigation season and beyond. The navigation season on the Upper Mississippi normally begins in March, depending on river conditions. Under Service Level 2, the locks will operate from 7:00 a.m. to 2:00 a.m. and will be closed to lockages between 2:00 a.m. and 7:00 a.m. Constrained funding has led to reduced Operations and Maintenance funding within the Corps' Inland Marine Transportation System (IMTS). The intended effect of the proposed change reduces operational costs and aligns lock availability with existing levels of lock usage. The Twin Cities locks have less than 1000 commercial lockages per year. Based on guidance adopted by the IMTS Board of Directors, locks operating at Service Level 1 should pass more than 1,000 commercial lockages per year. Pool levels will not be affected by change of operating hours.

The U.S. Army Corps of Engineers, Los Angeles District Regulatory Division (Corps), in coordination with the Los Angeles Harbor Department/Port of Los Angeles, has completed a Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 302-306 American Presidents Line (APL) Container Terminal Project. This Notice serves as the 30-day Notice of Availability for the Final EIS/EIR for the project, which will conclude on July 16, 2012. Berths 302-305 are currently operational and encompass approximately 291 acres of land and water including 12 container cranes, a 4,000-foot-long wharf, utility infrastructure, truck gates, intermodal rail, and terminal buildings to support operations. The Project would result in an additional 12 container cranes distributed among Berths 302-306 with eight new cranes proposed at Berth 306, a new 1,250-foot-long wharf at Berth 306, and development of 41 acres of backlands for container storage and distribution, including installation of utility infrastructure to support future automation at Berth 306 and the 41 acre backland. The Project would result in an approximately 347-acre marine container terminal, and would include the following construction and operational elements: Dredging, wharf construction, additional container cranes; expanded container yard and associated structures and utilities; modification of truck gates, associated structures, and roadwork. The Port of Los Angeles (Port) requires authorization pursuant to Section 10 of the Rivers and Harbors Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act, to implement regulated activities in and over waters of the U.S. associated with expanding the existing APL container terminal. The Corps and the Port as the state lead agency prepared an EIS/EIR in order to optimize efficiency and avoid duplication. The EIS/EIR is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals. The following proposed activities require authorization from the Corps: (1) Construction of a new 1,250-foot-long concrete pile-supported wharf at Berth 306 which is immediately adjacent to the existing 4,000-foot-long wharf at Berths 302-305, (2) installation of 12 new gantry cranes between Berths 302-306 with at least eight (8) new cranes at Berth 306 associated with development and operation of the 41-acre backlands at Berth 306, (3) dredging of approximately 20,000 cubic yards (cy) of sediment from Berth 306 to increase the depth to -55 feet mean lower low water (MLLW) plus an additional two feet of overdepth dredging to - 57 feet MLLW, and (4) disposal of dredged material in Berth 243-245 confined disposal facility (CDF), the Cabrillo Shallow Water Habitat Area, or at LA-2 (unconfined ocean disposal).

In accordance with the National Environmental Policy Act of 1969, as amended, the U.S. Army Corps of Engineers has prepared a Draft Feasibility Study/Environmental Impact Statement (FR/EIS) for the Chatfield Reservoir Storage Reallocation, Littleton, Colorado and by this notice is announcing the opening of the comment period.

It is proposed that the hours of availability at Jonesville and Columbia Locks on the Ouachita and Black Rivers will be reduced from the current schedule of 24 hours per day, 7 days per week, 365 days per year to 18 hours per day, separated into two 9 hour periods, 5 a.m. to 2 p.m., and 5 p.m. to 2 a.m., 7 days per week, 365 days per year. It is also proposed that the hours of availability at Felsenthal and H.K. Thatcher Locks on the Ouachita and Black Rivers will be reduced from the current schedule of 24 hours per day, 7 days per week, 365 days per year to 16 hours per day, separated into two 8 hour periods, 5 a.m. to 1 p.m., and 5 p.m. to 1 a.m., 7 days per week, 365 days per year. Constrained funding and fiscal deficit have led to reduced operation and maintenance funding on the Ouachita/Black Waterway. The intended effect is to provide lock availability that matches existing lock usage and to help ensure that minimal dredging needs will be met. Pool levels will not be affected by change of operating hours.