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

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 Folsom South of U.S. Highway 50 Specific Plan Project, a proposed master-planned, mixed use development within southeastern Sacramento County. On July 2, 2010, USACE published a notice in the Federal Register (75 FR 38500), informing the public of the availability of the Draft Environmental Impact Statement (DEIS) that analyzes the potential effects of implementing each of six (6) on-site land-use and eleven (11) off-site water supply alternative scenarios for a mixed-use development in the approximately 3,502-acre Folsom South of U.S. Highway 50 Specific Plan Project Area. The FEIS has been prepared to respond to comments received from agencies, organizations, and members of the public on the 2010 DEIS, and to present corrections, revisions, and other clarifications and amplifications of the 2010 DEIS, including minor project modifications made in response to these comments and as a result of the applicants' ongoing planning efforts. The FEIS has been prepared as joint documents with the City of Folsom (City). The City is the local agency responsible for preparing an Environmental Impact Report in compliance with the California Environmental Quality Act (CEQA). The USACE is the lead Federal agency responsible for the FEIS and information contained in the DEIS and FEIS serves as the basis for a decision regarding issuance of an individual permit under Section 404 of the Clean Water Act. It also provides information for Federal, state and local agencies having jurisdictional responsibility for affected resources. All incoming 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, Galveston District, has received a permit application for a Department of the Army 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 the Coastal Water Authority (SWG-2009-00188) for the proposed Coastal Water Authority's Luce Bayou Interbasin Transfer Project located in eastern Liberty County with the 26.5-mile corridor extending southwestward from the Trinity River to a discharge point near the confluence of Luce Bayou with Lake Houston. The primary Federal involvement associated with the proposed action is the discharge or dredged or fill material into waters of the United States, including jurisdictional wetlands, 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 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 either issue, issue with modification or deny Department of the Army permits for the proposed action. The EIS will assess the potential social, economic and environmental impacts of the construction and operation of the interbasin conveyance, associated facilities, and appurtenances and is intended to be sufficient in scope to address Federal, State and local requirements, environmental issues concerning the proposed action, and permit reviews.

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 Final Environmental Impact Statement (FEIS). This FEIS 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.

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) intends to prepare a separate Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for each of the following related flood risk management study efforts in north-central California: a Feasibility Study of flood risk management and related water resources problems in the Sutter Basin conducted by USACE under the authority of the Flood Control Act of 1962 (Pub. L. 87-874); and 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), the proposed Feather River West Levee Project (FRWLP), sponsored by the Sutter Butte Flood Control Agency (SBFCA) as a locally driven flood management improvement project. The two projects are being studied in close coordination because they partially overlap in their study areas, purpose, potential improvements, potential effects, and involved parties. Therefore, a joint scoping process is being conducted for the two projects to explain the relationship between the two efforts and obtain public input in a manner that is convenient, efficient, and integrated. Figures of the two project areas can be viewed at the SBFCA Web site at: https://www.sutterbutteflood.org/index.php/noticesdocuments. Sutter Basin Feasibility Study. On March 20, 2000, the State of California entered into a feasibility cost-sharing agreement (FCSA) with USACE to initiate a feasibility study. An amendment to the FCSA was signed in 2010, which included SBFCA as a non-Federal sponsor. The purpose of the study is to address flood risk, ecosystem restoration and recreation-related issues in the study area. If a Federal interest is determined, the study would result in a decision document, a General Investigation Feasibility Study report and EIS/EIR, which would be the basis for a recommendation to Congress for authorization. The Central Valley Flood Protection Board (CVFPB) and SBFCA are coordinating with USACE on the feasibility study. USACE, as the Federal lead agency under NEPA, and SBFCA, as the state lead agency under CEQA in coordination with CVFPB, have determined that an EIS/EIR will be prepared to describe alternatives, potential environmental effects, and mitigation measures. FRWLP. SBFCA is planning the FRWLP to construct improvements to the west levee of the Feather River from Thermalito Afterbay to the Sutter Bypass confluence to meet Federal, state, and local flood protection criteria and goals. In 2010, an assessment district was enacted to provide local funding toward flood management improvements. These funds may be matched with those from the Early Implementation Program (funded through previous state bonds) administered by the California Department of Water Resources (DWR). In order to implement the project, the sponsor must acquire 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 purpose of the FRWLP would be to construct improvements as quickly as possible in advance of and compatible with the Sutter Basin Project. USACE, acting as the Federal lead agency under NEPA, and SBFCA, acting as the state lead agency under the CEQA in coordination with CVFPB, have determined that an EIS/EIR will be prepared to describe alternatives, potential environmental effects, and mitigation measures.

The U.S. Army Corps of Engineers is proposing to authorize Natural Resources Conservation Service (NRCS) approved categorical exclusions for recurring conservation, restoration, and survey related activities under Nationwide Permit 23 (NWP 23). The Corps is requesting comment on the appropriateness of including these NRCS categorical exclusions under nationwide permit authorization and any conditions or restrictions that should be added so that those categorically excluded activities can be verified by NWP 23 to permit discharges of dredged or fill material and/or structures or work in waters of the United States. These NRCS categorically excluded activities have been approved by Council on Environmental Quality (CEQ) and have been finalized by the NRCS.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Louisville District will prepare a Supplemental Environmental Impact Statement (SEIS) to disclose potential impacts to the natural, physical, and human environment resulting from implementation of alternatives formulated to address reliability risks associated with Indianapolis, White River (North), IN, Flood Damage Reduction Project. The currently authorized and partially completed project does not meet current performance standards nor does it provide the level of protection for which the project was authorized. 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 Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) are publishing for public comment proposed guidance that describes how the agencies will identify waters protected by the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or CWA or Act) and implement the Supreme Court's decisions on this topic (i.e., Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) (531 U.S. 159 (2001)) and Rapanos v. United States (547 U.S. 715 (2006)) (Rapanos)). The agencies believe that under this proposed guidance the number of waters identified as protected by the Clean Water Act will increase compared to current practice and this improvement will aid in protecting the Nation's public health and aquatic resources. The proposed guidance is consistent with the principles established by the Supreme Court cases and is supported by the agencies' scientific understanding of how waterbodies and watersheds function. In addition, the agencies believe that when the revised guidance is finalized and goes into effect, it will improve CWA program predictability and clarity regarding the scope of ``waters of the United States'' protected under the Act and that this improvement will have benefits for both the government and regulated parties. When finalized, this guidance would supersede previously issued guidance on this matter. This guidance will apply to all CWA programs, including section 303 water quality standards, section 311 oil spill prevention and response, section 401 water quality certification, section 402 National Pollutant Discharge Elimination System permits, and section 404 permits for discharges of dredged or fill material. The agencies seek public comment on all aspects of the proposed guidance, including interpretations and scientific underpinnings. In addition to this guidance, the agencies expect to propose revisions of existing regulations to further clarify which waters are subject to CWA jurisdiction, consistent with the Supreme Court's decisions. Public comment on any such revisions will be requested at the time they are proposed.

The Louisville District of the U.S. Army Corps of Engineers (Corps) today withdraws its Notice of Intent (74 FR 48236, September 22, 2009) to prepare a Supplemental Environmental Impact Statement (SEIS) for a proposed 278 megawatt circulating fluidized bed electric generating unit by East Kentucky Power Cooperative, Inc. (EKPC), in Clark County, Kentucky. EKPC withdrew its application for a Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act permit to construct the facility permit on December 3, 2010.

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), the New England District, U.S. Army Corps of Engineers (Corps) has prepared a Draft Environmental Impact Statement (DEIS) to evaluate a proposed establishment of public transportation service between Boston and the Cities of New Bedford and Fall River, MA. The Massachusetts Department of Transportation (MassDOT; formerly the Executive Office of Transportation and Public Works or EOT) has submitted an application for a Department of the Army permit to discharge fill material into waters of the United States (U.S.), ranging in area from approximately 10.3 to approximately 21.5 acres (depending on the alternative selected), including wetlands, incidental to the establishment of transportation infrastructure. The Notice of Intent for preparation of the DEIS was published in the Federal Register (73 FR 64927, October 31, 2008).

The U.S. Army Corps of Engineers, Mobile District (USACE) announces its intent to prepare an Environmental Impact Statement (EIS) to assess the potential environmental impacts associated with the construction and operation of a project proposed by the Mississippi State Port Authority (MSPA). As part of the NEPA process, the Mississippi Development Authority (MDA) will be a cooperating agency in the preparation of the EIS. The National Marine Fisheries Service (NMFS) has expressed interest in acting as a cooperating agency in the preparation of the EIS. The proposed project as described in the application filed on March 17, 2010, proposed filling approximately 700 acres of open-water benthic habitat. Since submittal of the application, the proposed project footprint has been modified by the MSPA to reduce the overall potential fill required for implementation and to not include any impacts to the Gulfport Harbor Federal Navigation Channel or Turning Basin. The currently proposed project involves filling of up to 400 acres of open-water bottom in the Mississippi Sound, the construction of wharfs, bulkheads, terminal facilities, container storage areas, intermodal container transfer facilities, dredging and dredged material disposal and infrastructure, and construction of a breakwater of approximately 4,000 linear feet. The proposed expanded port facility will be elevated 25 feet above sea level to provide protection against future tropical storm surge events. The EIS will evaluate the potential impacts of the proposed project, connected actions, and alternatives. The EIS will also assist the USACE in deciding whether to issue a Department of the Army permit. The purpose of this Notice of Intent (NOI) is to inform and educate the public of the proposed project; invite public participation in the EIS process; announce the plans for a public scoping meeting; solicit public comments for consideration in establishing the scope and content of the EIS; and provide notice of potential impacts to open-water benthic habitats.

The U.S. Army Corps of Engineers is amending its regulations for the existing danger zone in the vicinity of Naval Surface Warfare Center, Dahlgren, in King George County, Virginia. The amendment changes the description of the hazardous operations in the area, the hours of operation, and expands the boundaries of a portion of the danger zone. The amendment is necessary to protect the public from potentially hazardous conditions which may exist as a result of use of the areas by the United States Navy.

The U.S. Army Corps of Engineers (USACE) and the Port of West Sacramento (Port) propose to reinitiate the previously authorized deepening from -30 feet mean lower low water (MLLW) to -35 feet MLLW and selective widening of the Sacramento River Deep Water Ship Channel (SRDWSC). This project was partially completed in 1990, but was suspended due to lack of funding. The USACE is the lead agency for this project under the National Environmental Policy Act (NEPA). The Port is the lead agency for this project under the California Environmental Quality Act (CEQA).

The U.S. Army Corps of Engineers (Corps) is soliciting comments for the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also proposing to issue two new NWPs and two new general conditions. The Corps is requesting comment on all aspects of these proposed nationwide permits. More specifically, the Corps is requesting comments on options for NWP 21, which authorizes discharges of dredged or fill material into waters of the United States associated with surface coal mining activities, such as reissuing NWP 21 with modifications or not reissuing NWP 21. The Corps is also seeking comments on whether to reissue NWP 48 with modifications to authorize new commercial shellfish aquaculture activities or to issue a separate NWP to authorize only new commercial shellfish aquaculture activities. The reissuance process starts with today's publication of the proposed NWPs in the Federal Register for a 60-day comment period. The purpose of this Federal Register notice is to solicit comments on the proposed new and modified NWPs, as well as the NWP general conditions and definitions. Shortly after the publication of this Federal Register notice, each Corps district will publish a public notice to solicit comments on their proposed regional conditions for the new and modified NWPs. The comment period for these district public notices will be 45 days.

The U.S. Army Corps of Engineers (Corps) is amending its regulations to establish 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 restricted area will address current security needs at MCB Quantico, including the protection of military assets at MCAF which includes the Presidential Helicopter Squadron (HMX-1). The restricted area will also protect public health by preventing vessels from disturbing a planned environmental remediation area that is located to the northeast of MCAF.

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. The December 8, 2010, notice did not include specific meeting details. This notice announces the venues, dates and times of these nine (9) public scoping meetings and also announces USACE's intent to host two (2) additional public scoping meetings in Milwaukee, Wisconsin and New Orleans, Louisiana. 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 St. Paul District of the U.S. Army Corps of Engineers (St. Paul District) will prepare a Supplement to the Draft Environmental Impact Statement and Feasibility Study (EIS/FS) for a Proposed Fargo- Moorhead Flood Risk Management Project on the Red River of the North in Fargo, ND, and Moorhead, MN (Proposed Fargo-Moorhead Project). On May 5, 2009, the St. Paul District published a notice of intent to prepare a Draft EIS/FS for a Proposed Fargo-Moorhead Project. On June 11, 2010, the St. Paul District published a notice of availability of the Draft EIS/FS. The U.S. Army Corps of Engineers has now decided to prepare a Supplemental Draft EIS/FS to further evaluate impacts of a Proposed Fargo-Moorhead Project and potential measures to mitigate for those impacts. The Supplemental Draft EIS/FS should be available for public review and comment in the spring of 2011.

The Chicago District, U.S. Army Corps of Engineers (USACE) announces its intent to (1) prepare a Draft EIS, (2) accept public comments and (3) host a public scoping meeting in Chicago for GLMRIS. In collaboration with other Federal, State, and local agencies as well as non-governmental entities, USACE is conducting a feasibility study of the options and technologies that could be applied to prevent or reduce the risk of aquatic nuisance species (ANS) transfer between the Great Lakes and Mississippi River basins through aquatic pathways.

The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the Upper Machodoc Creek and the Potomac River in the vicinity of Dahlgren in King George County, Virginia. The Naval Surface Warfare Center, Dahlgren conducts research, development, testing and evaluation of national defense systems on the Potomac River Test Range. Many of the tests are hazardous operations presenting a danger to persons or property in the danger zone. The proposed amendment is necessary to protect the public from hazardous operations such as firing large and small caliber guns and projectiles, aerial bombing, use of directed energy and operating manned or unmanned watercraft. The proposed amendment adds a 100-yard buffer to the Middle Danger Zone to prevent public contact with unexploded ordnance along the shoreline of Naval Surface Warfare Center, Dahlgren within this zone.

In accordance with the National Environmental Policy Act of 1968, as amended, the U.S. Army Corps of Engineers has prepared a Draft Programmatic Environmental Impact Statement (EIS) for the Mechanical Creation and Maintenance of Emergent Sandbar Habitat on the Riverine Segments of the Upper Missouri River and by this notice is announcing the opening of the comment period.

The Little Rock District of the U.S. Army Corps of Engineers (Corps) is withdrawing its intent to prepare an Environmental Impact Statement (EIS) for the Pine Mountain Dam & Lake Project, AR. The original Notice of Intent (NOI) was published in the Federal Register on September 25, 2009 (74 FR 48934). The River Valley Regional Water District, sponsor of the study, has recently requested the study be suspended until a later date (to be determined).

The U.S. Army Corps of Engineers, Sacramento District, (Corps) is issuing a Final Environmental Impact Statement (EIS) which analyzes programmatically the direct, indirect and cumulative effects associated with six residential development projects in the Sunridge Specific Plan area in Rancho Cordova, Sacramento County, CA. The purpose of the EIS is to provide decision-makers and the public with information pertaining to the Proposed Action and alternatives, and disclose environmental impacts and identify mitigation measures to reduce impacts. The Proposed Action is the construction of the six projects (collectively, the ``Sunridge Properties'') which would require the filling of approximately 29.7 acres of waters of the United States, including wetlands. The EIS has been prepared as part of ongoing litigation concerning Department of the Army (DA) permits issued by the Corps between 2005 and 2007 for five of the projects and a pending DA permit decision for the sixth. A stay in the litigation is in place for the Corps to complete the EIS. The EIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the Corps' regulations for NEPA implementation at 33 Code of Federal Regulations parts 230 and 325 Appendix B. The Corps is the lead Federal agency responsible for complying with NEPA and information contained in the EIS serves as the basis for decisions regarding issuance of a DA permit.

The U.S. Army Corps of Engineers (USACE) intends to prepare a Draft Environmental Impact Statement (EIS) for the Louisiana Coastal Area (LCA)Louisiana, Medium Diversion at Myrtle Grove with Dedicated Dredging project. The proposed restoration feature consists of a diversion, coupled with dedicated dredging, that would allow the reintroduction of freshwater, sediment and nutrients into the critically effected area of the Barataria Basin, which is located in the Ascension, Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St. Charles, St. James, and St. John the Baptist parishes, Louisiana. This particular combination of restoration features would allow for rapid creation of wetland acreage and enable long-term stability. This EIS will be tiered off of the programmatic EIS for the LCA Ecosystem Restoration Study, November 2004. The record of decision for the programmatic EIS was signed on November 18, 2005.

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: October 25-26, 2010. Place: Atlanta Airport Marriott Gateway, 2020 Convention Center Concourse, Atlanta, GA 30337. Time: 3 p.m. to 6:15 p.m. (October 25, 2010). 8:30 a.m. to 3 p.m. (October 26, 2010).

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) will prepare an Integrated Feasibility Report/Environmental Impact Statement (FR/EIS) for proposed ecosystem restoration and flood risk management in the Skokomish River Basin which empties into Hood Canal, near Shelton, Washington. The Skokomish Indian Tribe and Mason County are the non-Federal sponsors for the project. The Skokomish River General Investigation (GI) Feasibility Study for the Skokomish River Basin is being conducted under the authority of Section 209 of the Flood Control Act of 1962 (Pub. L. 87-874). The Skokomish River channel has been filling with sediment for several decades, resulting in frequent flooding and decreasing natural ecosystem structures, functions, and processes necessary to support critical fish and wildlife habitat throughout the Skokomish River Basin. Increased sediment load, reduced flows, and encroachment of the floodplain by man-made structures are leading to continued degradation of natural ecosystem functions and habitat. The degraded riverine and estuarine aquatic habitat has caused a decline in the population of critical fish and wildlife species, including multiple ESA listed species. Additionally, the channel capacity of the Skokomish River varies significantly. Limited channel capacity causes floodwater to leave the banks at various locations, ultimately causing frequent flooding of local roads, two state highways, agricultural fields, residences, and other structures. The Skokomish River GI is a basin-wide study; however, work by others, constrain the limit of Corps' involvement to actions primarily in the lower Skokomish River Valley. Problems, opportunities, and objectives will be examined within the context of the entire watershed. Recognizing the relationships between the upper and lower watershed will ensure a comprehensive study overview. The purpose of the FR/EIS and feasibility study is to evaluate if there is a federal interest in aquatic ecosystem restoration and flood risk management in the Skokomish River Basin.

In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting.