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

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the California Department of Fish and Game (CDFG), has completed a Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Newhall Ranch Resource Management and Development Plan and Spineflower Conservation Plan. The project proponent and landowner, The Newhall Land and Farming Company, requires a long-term Section 404 permit from the Corps of Engineers for permanent impacts to approximately 93.3 acres of waters of the United States, including, 20.5 acres of wetlands, for the construction of various facilities in waters of the United States associated with the development of a new community composed of a broad range of residential, mixed-use and nonresidential land uses in the 12,000-acre project area located in Santa Clarita, Los Angeles County, California. The Corps considered all comments received in preparing the Final EIS/EIR, which is available for a 30-day review. The Final EIS/ EIR includes a draft general conformity determination (see Section 3.2, Section 4.7 and Appendix D.7), pursuant to Section 176(c) of the Clean Air Act. A general conformity determination is necessary because construction of the proposed project would require Federal action (i.e., issuance of a Corps permit for activities proposed in waters of the U.S.) and not all the Federal action's direct and indirect emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). Pursuant to the general conformity regulations (40 CFR part 93 Subpart B), general conformity determinations do not have to be included in the EIS and can be separately noticed, but the draft general conformity determination for the Federal action associated with the proposed project is being included in the Final EIS/EIR in this case.

The U.S. Army Corps of Engineers (Corps) is immediately suspending Nationwide Permit (NWP) 21, which authorizes discharges of dredged or fill material into waters of the United States for surface coal mining activities, in the Appalachian region of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia. This suspension is an interim measure to protect the aquatic environment while we evaluate modification of NWP 21 or until NWP 21 expires in 2012. While the suspension is in effect, individuals who seek authorization for discharges of dredged or fill material into waters of the United States for surface coal mining projects in the affected region will have to obtain Department of the Army authorization under the Clean Water Act (CWA), through the individual permit process. Individual permits will result in increased public involvement in the permit evaluation process, including an opportunity for public comment on individual projects. NWP 21 activities that have been verified by District Engineers prior to the effective date of this suspension in the affected region continue to be authorized by that NWP until it expires on March 18, 2012, unless the District Engineer takes action to modify, suspend or revoke a particular NWP authorization on a case-by-case basis in accordance with the procedures at 33 CFR 330.5(d). District engineers may not modify previously issued NWP 21 verifications in this region to authorize additional discharges of dredged or fill material into waters of the United States; such discharges must be applied for and evaluated under the individual permit process. This suspension of NWP 21 does not apply to other regions of the United States. The suspension will remain in effect until the Corps takes further action on NWP 21 or until NWP 21 expires on March 18, 2012. The Corps will publish its decision concerning the proposed NWP 21 modification in a future Federal Register notice.

The U.S. Army Corps of Engineers (Corps) Seattle District is preparing an Environmental Impact Statement (EIS) to analyze the environmental effects of replacing an existing barge loading dock to facilitate resumption of sand and gravel mining operations at Northwest Aggregates' Maury Island facility. The Corps issued a permit to Northwest Aggregates for the dock replacement project on July 2, 2008, under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Northwest Aggregates has been enjoined by the U.S. District Court for the Western District of Washington from conducting any further marine construction work under the Corps' permit, until the Corps completes an EIS on the project. A portion of this marine construction work was done prior to the Court's 2009 ruling; the balance remains incomplete at this time. The EIS will analyze the environmental effects of the issuance of the Corps permit, including additional analysis of potential impacts of the project on the marine environment, including endangered species (Chinook salmon, Southern Resident Killer whales, rockfish, eulachon, and other listed species) and forage fish, additional analysis and evaluation of the no action and other alternatives to achieve the project purpose, and additional analysis of cumulative impacts associated with the permit project.

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 Environmental Impact Statement (EIS) for a proposed seawall replacement project along the Elliott Bay shoreline in Seattle, WA. The City of Seattle is the non-Federal sponsor for the project.

In the April 16, 2010 Federal Register (75 FR 19948), the U.S. Army Corps of Engineers (USACE) Omaha and Kansas City Districts announced in a Notice of Intent (NOI) that it will prepare a comprehensive feasibility-type report with an integrated Environmental Impact Statement (EIS) for the Missouri River Authorized Purposes Study (MRAPS). The NOI did not include specific details of the public scoping meetings. This notice announces the locations, dates, times, and format of the public scoping meetings.

The U.S. Army Corps of Engineers (Corps) is amending its regulations to establish a naval danger zone in the waters of the Pacific Ocean extending offshore from the small arms range at the Naval Base Coronado (NBC), in Coronado, San Diego County, California. The danger zone will provide an appropriate and enforceable zone in which the Navy may conduct small arms test firing to qualify military personnel.

The U.S. Army Corps of Engineers, Los Angeles District (Corps) is examining the environmental consequences associated with the proposed construction, operation, and closure of a new Class III landfill in northern San Diego County, in connection with Gregory Canyon, Ltd.'s application for a Department of the Army permit under Section 404 of the Clean Water Act to construct the proposed Gregory Canyon Landfill and associated facilities, which would discharge fill materials into approximately 2 acres of waters of the U.S. (less than 1 acre would be affected by permanent discharges of fill) in the San Luis Rey River to construct a bridge and in Gregory Canyon to construct the landfill liner, stability berm, and ancillary facilities.

The North Carolina Department of Transportation (NCDOT) has proposed improvements to the transportation system starting at Military Cutoff Road in New Hanover County and extending to a point north of Hampstead along U.S. 17, in Pender County, NC (TIP Projects U-4751 and R-3300). The NCDOT is currently considering alternatives for this project that will require authorization from the U.S. Army Corps of Engineers (USACE) pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbor Act). The USACE,Wilmington District, Regulatory Division and the NCDOT intend to prepare a joint environmental impact statement in accordance with regulations implementing the National Environmental Policy Act (NEPA) to evaluate and compare alternatives and to assess associated impacts.

The U.S. Army Corps of Engineers (Corps) is revising its regulations by expanding the existing restricted area as well as establishing two new restricted areas and a new danger zone in the waters adjacent to and within the boundaries of Naval Station (NAVSTA) Mayport in Florida. The NAVSTA Mayport is the third largest naval facility in the continental United States and is unique in that it is home to a busy seaport as well as an air facility which conducts more than 135,000 flight operations each year. This amendment to the existing regulation is necessary to enhance the safety of the local community by ensuring safe navigation of the adjacent waterways, to preserve military security force protection measures, and to adhere to military munitions regulations.

The U.S. Army Corps of Engineers (USACE), in accordance with 42 U.S.C. 4321 to 4370(f), is issuing this notice to advise the public that a Draft Supplemental Environmental Impact Statement (SEIS) has been prepared and is available for review and comment.

The U.S. Army Corps of Engineers (Corps), Jacksonville District, intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) for the Broward County Shore Protection Project(Segment I) General Re-Evaluation Report. The project is being sponsored locally by the city of Deerfield Beach.

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective exclusive license of the following U.S. Patent Application No. 12/432,842 Filed April 30, 2009.

The U.S. Army Corps of Engineers, Chicago District is requesting public comments for a planned Environmental Assessment. The Corps is directed to conduct a study of technologies that may enhance the efficacy of the Chicago Sanitary and Ship Canal Dispersal Barriers System. The study is structured as a series of interim reports. Interim Report IIIa, limited to the impacts of implementing additional in- stream barrier/deterrent technologies at key locations in the Illinois and Chicago Area Waterways is the focus of this planned EA. The specific technologies under consideration include acoustic deterrents, air bubble curtains, and strobe lights used both individually and in combination. Comments are requested to assist in determining the level of analysis and impacts to be considered for implementing these in- stream barrier/deterrent technologies. Any comments received by the Corps on the proposed EA will be considered fully for the Federal action associated with the Project.

In the February 9, 2010 issue of the Federal Register (75 FR 6364), the U.S. Army Corps of Engineers (Corps), published its proposed update to its current process for requesting a variance from vegetation standards for levees and floodwalls for public comment. In that notice, the Corps stated that written comments must be submitted on or before March 11, 2010. Instructions for submitting comments are provided in the February 9, 2010, Federal Register notice. In response to several requests, the Corps has decided to extend the public comment period to April 25, 2010.

The U.S. Army Corps of Engineers (Corps) is proposing to revise its regulations to establish a new restricted area in the Atlantic Ocean off the coast of the John F. Kennedy Space Center (KSC), Florida. The KSC is the main launch facility for the National Aeronautics and Space Administration (NASA) and they need to have the capability to secure their shoreline at KSC. This amendment to the existing regulations is necessary to enhance KSC's ability to secure their shoreline to counter postulated threats to their facilities and to provide for safe launch operations.

The U.S. Army Corps of Engineers (Corps) Omaha District is announcing a 16-day extension of the public comment period for the Moffat Collection System Project (Moffat Project) Draft Environmental Impact Statement (Draft EIS). The originally announced comment period ends on March 1, 2010, but has been extended until March 17, 2010. The original Notice of Availability of the Draft EIS was published in the Federal Register on Friday, October 30, 2009 (74 FR 56186) and included an initial 90-day comment period (October 30, 2009 to January 27, 2010). A second Notice of Availability announcing an extension of 32 days (January 27, 2010 to March 1, 2010) was issued on December 18, 2009 (74 FR 67180).

In November 2008, the Los Angeles Harbor Department (LAHD) and the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) published a joint Final Supplemental Environmental Impact Statement and Subsequent Environmental Impact Report (SEIS/SEIR) for the development of a marine oil terminal at Berth 408 on Pier 400 in the Port of Los Angeles, Los Angeles County, California (Project). The Corps is currently processing a permit application submitted by the LAHD to undertake various activities and construct structures in and over navigable waters of the U.S. associated with the Project. Issuance of a Corps permit is a Federal action, which must comply with the air quality general conformity requirements specified in Section 176(c) of the Clean Air Act.

The Mobile District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to

In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (COE) Wilmington District, Wilmington Regulatory Field Office announces the availability of a Regulatory Program Final EIS for the North Topsail Beach Shoreline Protection Project. The applicant, The Town of North Topsail Beach, is requesting Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, to protect residential homes and town infrastructures by nourishing approximately 11.1 miles of beachfront via repositioning the New River Inlet channel, implementing an inlet management plan to control the positioning of the new inlet channel, and utilizing an offshore borrow area. The new channel will be centrally located and the proposal will be to maintain that position, which essentially will be located perpendicular to the adjacent shorelines of North Topsail Beach and Onslow Beach. The proposed sources of the material for the beach nourishment will come from the repositioning of the inlet and an identified offshore borrow area. The projected amount of material needed to initially nourish the oceanfront shoreline is approximately 3.11 million cubic yards. The placement of beach fill along the Town's shoreline would result in the initial widening of the beach by 50 to 100 feet. The widened beach would be maintained through a program of periodic beach nourishment events with the material extracted from the maintenance of the newly relocated channel. All work will be accomplished using a hydraulic cutterhead dredge. The proposed project construction will be conducted in a five phase approach to correspond with the Town's anticipated annual generation of funds.

Congress has appropriated limited funds to the U.S. Army Corps of Engineers (Corps) and the National Oceanic and Atmospheric Administration (NOAA) for implementation of the Estuary Habitat Restoration Program as authorized in Section 104 of the Estuary Restoration Act of 2000, Title I of the Estuaries and Clean Waters Act of 2000 (Pub. L. 106-457) (accessible at https://www.usace.army.mil/ CECW/ERA/Pages/home.aspx). On behalf of the Estuary Habitat Restoration Council (Council) the Corps is soliciting proposals for estuary habitat

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:

The U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division has been reviewing the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act from the Town of Cary, acting as the lead applicant for the Western Wake Regional Wastewater Management Facilities Project Partners (Western Wake Partners), to construct Regional Wastewater Management Facility. The proposed project consists of regional wastewater pumping, conveyance, treatment, and discharge facilities to serve the Towns of Apex, Cary, Holly Springs and Morrisville, as well as the Wake County portion of Research Triangle Park (RTP South), NC.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) will prepare an Environmental Impact Statement (EIS) for the Mather Specific Plan in Sacramento County, CA. The Sacramento County Department of Economic Development has applied for a Department of the Army permit to fill approximately 35.4 acres of waters of the United States, including wetlands, to construct the project.

The Alaska District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to identify and analyze the potential impacts associated with the development of the Thomson Sand Reservoir, including construction and operation of the proposed project. The Corps 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 Environmental Impact Statement (EIS) will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act.

Notice is hereby given that the U.S. Army Corps of Engineers (Corps), Mobile District, intends to revise the scope of the Environmental Impact Statement (EIS) for the Water Control Manuals updates for the Apalachicola-Chattahoochee-Flint (ACF) River Basin in Alabama, Florida, and Georgia, to account for a July 17, 2009 Federal court ruling. On July 17, 2009, Judge Paul A. Magnuson issued a memorandum and order in the case In re Tri-State Water Rights Litigation (M.D. Fla. No. 3:07-md-01),