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

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 12/243,708 Filed October 01, 2008 to Nereus Environmental LLC for use in soils and water remediation within the environmental remediation services industry.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District will prepare an Environmental Impact Statement (EIS) to disclose potential impacts to the natural, physical, and human environment resulting from implementation of alternatives formulated to address reliability risks associated with Zoar Levee and Diversion Dam. These high hazard structures do not meet current performance standards and exceed acceptable risk levels. A full array of alternatives will be formulated to meet the purpose and need of this study. After full consideration of all alternatives, the best plan will be selected to achieve acceptable risk levels.

The purpose of the Environmental Impact Statement (EIS) is to address alternatives and environmental impacts associated with an update of the Shoreline Management Plan (SMP) and supplement to the Master Plan (MP), Eufaula Lake, Oklahoma. The EIS would likewise evaluate alternatives and environmental impacts associated with specific proposals for recreational development facilities on Federal lands at Eufaula Lake as identified through the SMP update and MP supplement process.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers (USACE) gives notice that a joint Environmental Impact Statement (EIS) is being prepared for the proposed action to correct a design deficiency in the existing `[Imacr]ao Stream Flood Control Project, Wailuku, Maui, HI. This effort is being proposed under Section 203 of the Flood Control Act of 1968 (Pub. L. 90-483) and is necessary to provide the authorized level of reduced flood risk to the town of Wailuku. The County of Maui, Department of Public Works (DPW) is the non-Federal sponsor and the lead agency for compliance with the Hawai`i law on Environmental Impact Statements.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Honolulu District has prepared a Draft Environmental Impact Statement (DEIS) to inform a decision on an application from Honolulu Seawater Air Conditioning, LLC to construct a seawater air conditioning system (SWAC) at Kaka`ako on the south shore of O`ahu. The applicant's overall project purpose is to provide a renewable-energy air conditioning system for downtown Honolulu buildings. In order to obtain deep, cold seawater to chill fresh water that would circulate through the SWAC system and return it to the ocean after it has passed through onshore heat exchangers, the applicant proposes to construct intake and return pipelines in adjacent coastal waters. The proposed pipeline staging and installation sites are located within the navigable waters of the United States and the proposed activity is subject to the jurisdiction of the U.S. Army Corps of Engineers. Proposed onshore improvements and upland infrastructure are briefly described to provide an overview of the project, but their impacts to terrestrial environmental resources are not a primary focus of the document. Of primary federal concern are potential effects of proposed in- water construction, including the discharge of fill material at the offshore pipeline receiving pit, and operation of the system on the quality of the human environment. The DEIS considers alternative cooling technologies, cooling station designs and locations, pipeline installation methods, diffuser location and depth, and intake design. It evaluates two alternatives involving different pipeline alignments. Identified environmental resources potentially affected include marine biota and habitat; water quality; navigation and other human use; noise; and air quality.

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: April 1, 2011. Location: The Westin New Orleans Canal Place, 100 Rue Iberville, New Orleans, Louisiana 70130 at 504-566-7006 or 1-888-627-8180. Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at approximately 1 p.m. Agenda: The Board will be provided the status of the funding for inland navigation projects and studies and the status of the Inland Waterways Trust Fund, the funding status for Fiscal Year (FY) 2011 and the FY 2012 budget, consider the implementation of the Inland Marine Transportation System (IMTS) Investment Strategy report recommendations, as well as be updated on the work being performed by the Hurricane Projection Office.

The U.S. Army Corps of Engineers (Corps) is correcting a final rule that appeared in the Federal Register of February 4, 2011 (76 FR 6327), establishing a restricted area in the waters of the Potomac River extending offshore from the Marine Corps Air Facility (MCAF) at Marine Corps Base Quantico (MCB Quantico), located in Quantico, Virginia.

The U.S. Army Corps of Engineers (Corps), Jacksonville District, has received permit applications for Department of the Army permits under Section 404 of the Clean Water Act (CWA) from phosphate mining companies in Central and Southwest Florida to discharge fill in Waters of the United States for the purpose of phosphate ore extraction (i.e., creation of new phosphate mines, expansions of existing mines, and construction of attendant facilities) within the CFPD. The three specific projects being considered, and their Department of the Army file numbers, are CF Industries' South Pasture Extension (SAJ-1993- 01395), Mosaic Fertilizer LLC's Four Corners Surface Tract (1995- 00794), and Mosaic Fertilizer LLC's Ona Mine (SAJ-1998-02067). The Corps has determined that, when viewed collectively, the separate proposed phosphate mining-related projects have similarities that provide a basis for evaluating their environmental consequences together in one comprehensive environmental impact statement. As part of the permit review process, the Corps is evaluating the environmental effects of these similar actions. The primary Federal involvement associated with the Proposed Action is the discharge of dredged or fill material into Waters of the United States, including jurisdictional wetlands. Issuance of Federal authorizations for the Proposed Activities would constitute a ``Major Federal Action.'' Based on the continued applications for expanded mining in the CFPD, the size of the project area, the CFPD characteristics, and the potential environmental impacts, both individually and cumulatively, of the Proposed Action, the Corps will prepare an Areawide Environmental Impact Statement (AEIS) in compliance with the National Environmental Policy Act (NEPA) to render a final decision on the permit applications. The Corps' decision will be to either issue, issue with modifications, or deny Department of the Army permits for the Proposed Action. The Draft AEIS (DAEIS) is intended to be sufficient in scope to address Federal, State, and local requirements and environmental issues concerning the Proposed Action and permit reviews. The U.S. Environmental Protection Agency (U.S. EPA) has agreed to be a cooperating agency on the study.

In a November 16, 2010, Federal Register Notice (75 FR 69983), the U.S. Army Corps of Engineers (USACE), Chicago District announced in a notice of intent that it will prepare a feasibility report and an environmental impact statement (EIS) for GLMRIS, and it will host a public scoping meeting in Chicago, Illinois, on December 15, 2010. In a December 8, 2010, Federal Register Notice (75 FR 76447), USACE announced the metropolitan locations where USACE would be hosting nine (9) additional public scoping meetings for GLMRIS but did not include specific meeting details. In a January 4, 2010, Federal Register Notice (76 FR 336), USACE announced the meeting details for the nine (9) additional public scoping meetings. The January 4, 2010 notice also announced USACE's intent to host two (2) additional public scoping meetings in Milwaukee, WI and New Orleans, LA, but it did not include meeting details. This notice announces the meeting details for these locations. This notice also announces the rescheduled meeting date and location for the Ann Arbor, MI public scoping meeting. USACE, in consultation with other federal agencies, Native American tribes, state agencies, local governments and non-governmental organizations, is conducting a feasibility study of the options and technologies that could be applied to prevent aquatic nuisance species (ANS) transfer between the Great Lakes and Mississippi River basins through aquatic pathways.

The National Wetland Plant List (NWPL) is used to delineate wetlands for purposes of 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. To update the NWPL, 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 draft National Wetland Plant List (NWPL) and its web address to solicit public comments. The public will now be provided the opportunity to comment and vote on the wetland indicator status ratings of the plants, species nomenclature changes and the revisions to the definition of indicator status ratings contained in the NWPL.

The Alaska District, U.S. Army Corps of Engineers (USACE) intends to prepare an SEIS to identify and analyze the potential impacts associated with the proposed Chuitna Coal Project. It is anticipated that the Environmental Protection Agency (EPA), the Native Village of Tyonek (NVT), the U.S. Fish and Wildlife Service (USFWS), and the Alaska Department of Natural Resources (ADNR) will participate as cooperating agencies in the SEIS development process. The USACE will be evaluating a permit application for work under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The SEIS will be used as a basis for the Corps' permit decision and to ensure compliance with the National Environmental Policy Act (NEPA). The SEIS will also address issues related to the Alaska Surface Coal Mining Control and Reclamation Act (ASCMCRA) permit, which governs all aspects of the mining operation and infrastructure.

Reference the Notice of Intent published in the Federal Register on Tuesday, November 16, 2010, Volume 75, number 220, pages 69983-5. This notice contains corrections and clarifications to this November 16, 2010 notice, extends the public comment period and identifies additional locations for the GLMRIS public scoping meetings. The corrections are typographical errors found in the ``Scoping and Involvement'' section of the November 16, 2010 notice (75 FR 69983). Among the clarifications is information related to the timeframe of on- line registration for those wanting to make an oral comment at a public meeting, as well as the benefit of registering on-line. The registration process is found in the ``Scoping and Involvement'' section of the November 16, 2010 notice (75 FR 69983). For convenience, the SUPPLEMENTARY INFORMATION section of the November 16, 2010 notice (75 FR 69983) has been reprinted with corrections, clarifications, and new text announcing the locations where USACE will host scoping meetings and the extension of the public scoping period.

The Corps of Engineers is proposing to amend its regulations to establish a restricted area in the Menominee River, at the Marinette Marine Corporation Shipyard, Marinette, Wisconsin, to provide adequate protection during the construction and launching of Littoral Combat Ships. The regulations are necessary to provide adequate protection of U.S. Navy combatant vessels, its materials, equipment to be installed therein, and crew, while located at the property of Marinette Marine Corporation.

The U.S. Army Corps of Engineers (Corps) is making available to the public all work products of the Chetco River Gravel Mining Executive and Technical Teams. These work products consist of meeting agendas, meeting minutes, reports, and other documents related to the proposed Chetco River Gravel Mining Regional General Permit and the evaluation of commercial gravel mining activities in other river systems within the state of Oregon. These work products (and additional information concerning the proposed regional general permit) can be viewed at https://www.nwp.usace.army.mil/regulatory/publicnotice.asp under the heading ``Chetco River gravel mining.'' The Corps is soliciting comments from the public on these documents. The Corps will consider these comments in the evaluation of whether to issue the Chetco River Gravel Mining Regional General Permit.

In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) Fort Worth District has prepared a Draft Environmental Impact Statement (DEIS). This DEIS evaluates project alternatives and potential impacts to the natural, physical and human environment as a result of the Sabine Mining Company's proposal to construct, operate and reclaim the Rusk Permit Area. The USACE regulates this proposed project pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The proposed activity would involve the discharge of dredged and fill material into waters of the United States associated with the proposed construction, operation and reclamation of the Rusk Permit Area.

The Mobile District, U.S. Army Corps of Engineers (Corps), intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) to the MsCIP Comprehensive Plan and Integrated Programmatic EIS, prepared in June 2009, which evaluated comprehensive water resource improvements associated with hurricane and storm damage risk reduction, shoreline erosion, salt water intrusion and fish and wildlife preservation in three coastal counties of Mississippi. As described in the Comprehensive Plan, the SEIS will address potential impacts associated with the comprehensive restoration of the Mississippi barrier islands. These actions are related to the consequences of hurricanes in the Gulf of Mexico in 2005 and will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).

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: Chief of Engineers Environmental Advisory Board (EAB). Topic: The EAB will discuss national considerations related to ecosystem restoration through integrated water resources management with emphasis on long-term recovery in the Gulf of Mexico, sea level rise in south Florida, and progress and status of South Florida ecosystem restoration. Date of Meeting: October 29, 2010. Place: The Westin Colonnade, 180 Aragon Avenue, Coral Gables, Florida 33134. Time: 9 a.m. to 12 p.m. Thirty minutes will be set aside for public comment. Members of the public who wish to speak are asked to register prior to the start of the meeting. Registration will begin at 8:30 a.m. Statements are limited to 3 minutes.

The SDEIS will supplement and supersede the Draft EIS of October 27, 2009 (DEIS), which was produced jointly by the US Army Corps of Engineers (USACE) and the Minnesota Department of Natural Resources (MNDNR), released for public comment on November 6, 2009. The SDEIS will respond to concerns about wetlands and water quality issues associated with the NorthMet mining and ore processing proposal, located in Northeast Minnesota, as identified by the US Environmental Protection Agency and other commentors. The SDEIS will also incorporate potential effects from a proposed land exchange between the USDA Superior National Forest (SNF) and PolyMet Mining, Inc. (PolyMet). The SNF will join the USACE and MNDNR as a third lead agency responsible for EIS preparation because the land where the mine is proposed is owned by the SNF. Cooperating Agencies for preparation of the SDEIS include Minnesota Bands of Chippewa/Ojibwe (Bois Forte and Fond du Lac). Others who have requested to become cooperating agencies include the United States Environmental Protection Agency (USEPA) and the Grand Portage Band of Chippewa/Ojibwe. Federal laws and policies, which the joint lead agencies are required to consider, will be outlined in the EIS for both mine permiting and land exchange processes.

The Los Angeles District of the U.S. Army Corps of Engineers will prepare an EIS to support the San Juan Creek, South Orange County, Feasibility Study. The purpose of this feasibility study is to evaluate flood risk management alternative measures along the lower portions of San Juan, Trabuco, and Oso Creeks. The San Juan Creek Watershed encompasses approximately 176 square miles of southern Orange County and western Riverside County in southern California. The Orange County Public Works Department is the local sponsor for this study. The study area extends along approximately 10.5 miles of San Juan Creek from the Pacific Ocean to the southern end of Ronald W. Casper's Wilderness Park, at the confluence of Bell Canyon Creek; Trabuco Creek from its confluence with San Juan Creek north approximately 9.5 miles to its confluence with Tijeras Creek; and Oso Creek from its confluence with Trabuco Creek northwest approximately 4.5 miles to just north of Oso Parkway. The communities of San Juan Capistrano, Mission Viejo, Laguna Hills, Laguna Niguel, Dana Point, Rancho Santa Margarita, Ladera Ranch, and Las Flores are located within the study boundary.

The U.S. Army Corps of Engineers (USACE), Detroit District, is issuing this Notice of Intent (NOI) to prepare a Draft Environmental Impact Statement (EIS) for flood risk management measures along the North Branch Ecorse Creek (NBEC) in Wayne County, MI. The Draft EIS is being prepared in conjunction with a General Reevaluation Report (GRR) of the NBEC to reevaluate the feasibility of providing flood risk management measures. The GRR/EIS is being completed in partnership with Wayne County, MI. The Draft EIS will address potential environmental impacts of the construction, operation, and maintenance of a number of structural and non-structural alternatives that will be evaluated as part of the GRR study.

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 & Grow LLC for use in agricultural applications and products (to include crop preparation, cover crop, seed germination, seed coatings, side dressing, lawn application and starter ground cover) and applications in the fields of soil and slope stabilization, enhanced bioremediation, dust and run-off control, fly ash removal, emissions particulate removal, metal and inorganic chelation in soils and water, soil erosion, road stabilizer, and dust suppression.

The U.S. Army requested that the U.S. Army Corps of Engineers (Corps) revise the regulation for the restricted area in the Cape Fear River and its tributaries at Sunny Point Army Terminal, Brunswick County, North Carolina, by renaming the marker buoys and specifying the latitude and longitude for those buoys. There are no other changes proposed for this restricted area regulation. The purpose of the rule is to correct the buoys designating the boundary of the restricted area. The restricted area provides security for the facility, and prevents acts of terrorism, sabotage, or other criminal acts against the facility, including vessels loading and offloading at the Sunny Point Army Terminal.

The U.S. Army Corps of Engineers is proposing to revise its regulations to establish a restricted area to change the navigability status of a portion of Eagle River within the boundaries of Fort Richardson, Alaska as well as an adjacent portion of Eagle Bay in the Knik Arm. More specifically, the restricted area is to include all waters of Eagle River downstream from the Bravo Bridge as well as the portion of Eagle Bay east of a demarcation line to extend from two points of Fort Richardson land along northern and southern shores of the Bay. This amendment would prohibit vessels and persons from entering affected waters of Eagle Bay and Eagle River in order to enhance safety and security. This portion of Eagle River runs through an active military range munitions impact area. This portion of Eagle Bay could be subjected to hazardous levels of noise during certain training exercises; Army control of this area is also necessary to prevent unauthorized access into the impact area. The restricted area is necessary to protect the public from entering an extremely hazardous area.

The U.S. Army Corps of Engineers (USACE), Los Angeles District, and the City of San Clemente are issuing this notice to announce the availability for public review and comment of a Draft Joint Environmental Impact Statement/Environmental Impact Report (Draft EIS/EIR) for the San Clemente Shoreline Feasibility Study. The purpose of the San Clemente Shoreline Feasibility Study (Project) is to provide shore protection through nourishment of the beach at the Pier. Developing and maintaining the beach is needed to prevent the severe beach erosion that results from winter storms and to prevent damage to adjacent beachfront structures, including the heavily used rail line that runs along the beach through the City. The City of San Clemente is located along the coast of southern California about 60 miles (100 kilometers) south of Los Angeles at the southern end of Orange County near the border of San Diego County. The study area is encompassed within the City of San Clemente and extends approximately 3,412 ft (1,040 m) from Linda Lane to T Street. The Proposed Project consists of dredging material from offshore Oceanside, then hauling and placing it at San Clemente Beach. The proposed Project is a 50 foot (15 m) resultant beach width. Beach fill would be 3,412 ft (1,040 m) long with a +17 ft (+5.2 m) crest elevation. The dredge volume is estimated to be approximately 251,130 cubic yards (192,000 m3). Construction is anticipated to begin in 2012.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Sacramento District has prepared a Final Environmental Impact Statement (FEIS) for the Rio del Oro Specific Plan Project, a proposed master-planned, mixed use development within south-eastern Sacramento County.