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

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.

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective partially exclusive license of the following U.S. Patent Application 12/243,084 Filed October 01, 2008 to Green Tac LLC for use of the biopolymer salt formulation related to soil stabilization and dust control.

The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2012 National Wetland Plant List (NWPL). The NWPL is used to determine whether the hydrophytic vegetation parameter is met when conducting wetland determinations under the Clean Water Act and the Wetland Conservation Provisions of the Food Security Act. Other applications of the list include wetland restoration, establishment, and enhancement projects. The list will become effective on June 1, 2012 and will be used in any wetland delineation performed after this date. Delineations received prior to this date may still use the 1988 list, or you may chose to use the 2012 list. Prior to the effective date, please reference which list was used on any wetland delineation/determination forms.

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: June 6, 2012. Location: The OMNI William Penn Hotel, 530 William Penn Place, Pittsburgh, PA 15219 at 412-281-7100 or 1-800-843-6664 or www.omnihotels.com/FindAHotel/PittsburghWilliamPenn.aspx. Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at approximately 1:00 p.m. Agenda: The Board will be provided 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, an update of the Inland Marine Transportation System (IMTS) Capital Projects Business Model, presentation of the IMTS Levels of Service Initiative, as well as an update of Olmsted Locks and Dam Project.

The U.S. Army Corps of Engineers is proposing to establish a new danger zone in the waters adjacent to Camp Rilea located in Clatsop County, Oregon. The regulation would prohibit any activity by the public within the danger zone during use of weapons training ranges. The new danger zone is necessary to ensure public safety and satisfy the Oregon National Guard operations requirements for small arms training.

On April 6, 2011, the Jackson County Port Authority (JCPA) submitted an 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. 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 3.35 million cubic yards of dredged material resulting from the channel modification.

The U. S. Army Corps of Engineers is the lead Federal agency for an evaluation of the maintenance dredging of the Atlantic Intracoastal Waterway (AIWW) from Port Royal Sound, South Carolina, southward to the Georgia-Florida state line. The Corps' Savannah District intends to prepare a Draft Environmental Impact Statement (DEIS) to analyze the impacts of the maintenance dredging of this portion of the AIWW, including disposal of dredged materials. The DEIS will update the project's 1976 EIS and will analyze the impacts that have occurred from periodic dredging events since 1976 to provide a baseline for evaluating projected impacts from implementing a new Dredged Material Management Plan (DMMP) over the next 20 years. The DEIS will evaluate the anticipated 20-year dredging needs and alternative disposal options, including using existing upland confined disposal areas and Ocean Dredged Material Disposal Sites (ODMDS), establishing new ODMDS, constructing new upland confined disposal areas, constructing confining structures on existing marsh disposal areas, and using open water disposal areas. In accordance with requirements of the National Environmental Policy Act, the Corps of Engineers hereby notifies the public that it is beginning preparation of a DEIS.

The U.S. Navy requested that the U.S. Army Corps of Engineers (Corps) disestablish the naval restricted area located in the waters of Rhode Island Sound, 4 nautical miles due south of Lands End in Newport, Rhode Island. The restricted area was established on August 31, 1987. The purpose of the restricted area was to establish a practice minefield and conduct mine detection and mine sweeping exercises. As a result of the discontinued use of this area by Naval Station Newport, the Navy has requested the restricted area be disestablished.

The U.S. Army Corps of Engineers (USACE) intends to prepare an environmental impact statement (EIS) for the Louisiana Coastal Area (LCA)Louisiana, Mississippi River Hydrodynamic and Delta Management restoration study. This study will identify and evaluate a combination of large-scale management and restoration features to address the long- term sustainability of the lower Mississippi River Deltaic Plain. Hydrodynamic models and other forecast methods will be used to determine existing water and sediment resources in the Mississippi River available to restore and sustain delta growth in the Mississippi River Delta and assess benefits and impacts of large-scale strategies that balance the interests of ecosystem restoration, flood risk reduction, and navigation. This EIS will be tiered off of the November 2004, programmatic EIS for the Louisiana Coastal Area (LCA), Louisiana, Ecosystem Restoration Study (LCA Study). The record of decision for the programmatic EIS was signed on November 18, 2005. This notice announces the USACE's intent to host six (6) public scoping meetings.

The U.S. Army Corps of Engineers, Galveston District, has received a permit application for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344) from Baryonyx Corporation, Inc. (SWG-2011-00511) for the proposed approximately 300-turbine offshore wind farm located in the Gulf of Mexico state waters, offshore Willacy and Cameron Counties in state tracts: 1068, 1069, 1085, 1086, 1087, 1088, 1089, 1090, 1126, 1127, 1129, 1130 and 1131. The primary Federal involvement associated with the proposed action is the discharge or dredged or fill material into waters of the United States, and the construction of structures that may affect navigable waters. Federal authorizations for the proposed project would constitute a ``major federal action.'' Based on the potential impacts, both individually and cumulatively, the Corps intends to prepare an Environmental Impact Statement (EIS) in compliance with the National Environmental Policy Act to render a final decision on the permit applications. The Corps' decision will be to issue, issue with modification or deny DA permits for the proposed action. The EIS will assess the potential social, economic and environmental impacts of the construction and operation of the offshore wind farm, associated facilities, and appurtenances and is intended to be sufficient in scope to address Federal, State and local requirements, environmental and socio-economic issues concerning the proposed action, and permit reviews.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), New Orleans District has prepared a Final Environmental Impact Statement (FEIS) for a project proposed by the Louisiana Department of Transportation and Development (LADOTD) to construct a new highway between 1-12 and Bush, Louisiana, in St. Tammany Parish. On September 9, 2011, USACE published a notice in the Federal Register (76 FR 55887), informing the public of the availability of the Draft Environmental Impact Statement (DEIS) that analyzes the potential effects of implementing each of four build and the ``no-build'' alternative scenarios for a four-lane arterial highway from the southern terminus of the current, modern four-lane arterial portion of LA 21 in Bush, Louisiana, to I-12, a distance between 17.4 and 21 miles. The FEIS has been prepared to respond to comments received from agencies, organizations, and members of the public on the DEIS. The USACE is the lead Federal agency responsible for the FEIS and information contained in the FEIS serves as the basis for a Department of the Army permit decision under section 404 of the Clean Water Act. The FEIS also provides information for Federal, State and local agencies having jurisdictional responsibility for affected resources. Any comments on the FEIS will be considered by USACE and responses will be provided for substantive issues raised which have not been addressed in the DEIS or FEIS.

The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Final Environmental Impact Statement (FEIS) has been completed and is available for review and comment.

The Los Angeles District of the U.S. Army Corps of Engineers (Corps) and Cambria Community Services District (CCSD), the non-Federal sponsor under a Project Cooperation Agreement dated March 27, 2006, intend to jointly prepare an Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) to study, plan, and implement a project to provide for a reliable water supply for the community of Cambria in San Luis Obispo County. The relatively remote location of Cambria has resulted in the area relying solely upon local groundwater for its current water supply. The groundwater supplies from the Santa Rosa and San Simeon groundwater basins no longer are adequate to meet existing demand under extreme drought conditions or to meet projected future demand in most years.

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 Holden Beach to develop and implement a shoreline protection plan that includes the installation of a terminal groin structure on the west side of Lockwood Folly Inlet (a federally maintained navigational channel) and the nourishment of the oceanfront shoreline along the eastern end of Holden Beach.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division is issuing this notice to advise the public that a State of North Carolina funded Draft Environmental Impact Statement (DEIS) has been prepared for the improvement of US 64 to a multilane facility, and replacement of the Lindsay C. Warren bridge, in Tyrrell and Dare Counties, North Carolina (TIP Projects R-2544 and R- 2545).

On November 16, 2011, the U.S. Army Corps of Engineers (USACE) issued a Notice of Intent and Request for Comments on its plan to retrospectively review its Regulations implementing the USACE Regulatory Program at 33 CFR 320-332 and 334 in accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review'' (E.O.), issued on January 18, 2011, directs federal agencies to review existing significant regulations and identify those that can be made more effective or less burdensome in achieving regulatory objectives. The Regulations are essential for implementation of the Regulatory mission; thus, USACE believes they are a significant rule warranting review pursuant to E.O. 13563. The E.O. further directs each agency to periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives. The original comment period ended on January 17, 2012. As a result of the request for time extensions, we have extended the comment period 45 days.

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.