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 Port of Los Angeles, has completed a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the San Pedro Waterfront Project, encompassing approximately 400 acres of land and water primarily along the west side of the Main Channel westward to Harbor Boulevard from the Vincent Thomas Bridge southward to Inner Cabrillo Beach in the Port of Los Angeles. The Port of Los Angeles requires authorization pursuant to section 404 of the Clean Water Act, section 10 of the Rivers and Harbors Act, and section 103 of the Marine Protection, Research, and Sanctuaries Act, to implement various regulated activities in and over waters of the U.S. associated with redeveloping San Pedro Waterfront, which would include the following elements:

The U.S. Army Corps of Engineers (Corps) is amending the existing regulations for a restricted area at Blount Island Command, located on Marine Corps Support FacilityBlount Island, Jacksonville, Florida. Blount Island Command is responsible for managing the United States Marine Corps Prepositioning Programs. Due to the importance of this mission, the current restricted area in this section must be extended due to Department of Defense (DoD) directives that require the implementation of specified force protection measures by all DoD components. This amendment to the existing regulation is necessary to protect U.S government personnel, equipment, and facilities from potential terrorist attack by providing stand-off corridors encompassing the waters immediately contiguous to Marine Corps Support FacilityBlount Island.

Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directs the Secretary of the Army to revise the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies (P&G), which the Water Resources Council issued on March 10, 1983. The Army Corps of Engineers (``Corps'') proposes to craft the revision in phases. The first phase would address the basic principles of water resources planning (``Principles'') and the next phase or phases would provide more detailed implementing guidance. This notice includes a copy of the proposed Principles (see SUPPLEMENTARY INFORMATION), which would replace the first two pages of the P&G. The proposed Principles may also be found at: https:// www.usace.army.mil/cw/hot_topics/ht_2008/pandg_rev.htm.

The South Folsom Property Owners Group proposes to implement a large-scale, mixed-use, mixed-density master planned community with residential, commercial, office, public/quasi-public uses, open space, and parks. The proposed project consists of approximately 1,464 acres of residential development, 523 acres of mixed-use and commercial development, 109 acres of parks, and 1,053 acres of open space. The majority of the 1,053 acres of open space would be located in the western portion of the project site. This area includes Alder Creek, numerous cultural resources sites, and the highest concentration of oak woodland habitat within the project site. The proposed Folsom South of 50 Specific Plan includes development of up to 10,045 mixed-density residential homes and approximately 7.4 million square feet of retail and office uses within an area south of Highway 50 that would be annexed to the City of Folsom. The proposed project would provide five elementary schools, one joint middle school/ high school, and a campus for the Sacramento County Day School. It is anticipated that construction would begin in 2010. The initiation and duration of construction would depend on market conditions and receipt of environmental permits and clearances; full build-out would likely be completed within 20 years from construction commencement. The project site is approximately 3,502 acres and contains 82.89 acres of waters of the United States. The proposed project would directly affect approximately 21.28 acres of waters of the United States, including vernal pools and other wetlands. These acreages do not include indirect impacts from the proposed action or impacts anticipated to result from off-site infrastructure that may be determined to be required as part of the U.S. Army Corps of Engineers' (USACE) Environmental Impact Statement (EIS) process. The EIS will be prepared as a joint document with the City of Folsom. The City is the local agency responsible for preparing an Environmental Impact Report in compliance with the California Environmental Quality Act (CEQA).

The Jacksonville District, U.S. Army Corps (Corps) of Engineers intends to prepare a Draft Environmental Impact Statement (EIS) for protection of 18-Miles of coastal shoreline in Flagler County, FL. The project is a cooperative effort between the U.S. Army Corps of Engineers (lead Federal agency) and City of Flagler Beach (non-Federal sponsor and cooperating agency).

In accordance with the requirements of the National Environmental Policy Act (NEPA), the Baltimore District, U.S. Army Corps of Engineers (USACE), has prepared a Final Supplemental Environmental Impact Statement (SEIS) for the Atlantic Coast of Maryland Shoreline Protection Project (Atlantic Coast Project). The SEIS evaluated new borrow sources to provide sand for routine periodic beach nourishment of Ocean City, MD, for the years 2010-2044. Existing borrow sources in state waters are anticipated to be exhausted after about 2010. Between 6,800,000 and 15,000,000 cubic yards of sand would be needed through 2044, depending on future storm frequency and intensity. Three offshore shoals in Federal waters are proposed as sand sources: Weaver, Isle of Wight, and ``A.'' Sand may also be dredged from Shoal ``B,'' also known as Bass Grounds or First Lump, in the future, but only if its value as a fishing ground declines substantially. Guidelines to minimize long-term impacts to the offshore shoals were formulated in coordination with resource agency personnel and academic experts. Dredging would be conducted in accordance with these guidelines. Specific dredging plans would be developed in coordination with resource agencies prior to each beach nourishment cycle.

The U.S. Army Corps of Engineers (Corps), Mobile District, issued a Notice of Intent (NOI) in the Federal Register (72 FR 63561), published on November 9, 2007, describing the preparation of a Draft Environmental Impact Statement (EIS), as required by the National Environmental Policy Act (NEPA), to address the proposed update of the Water Control Manual (WCM) for the Alabama-Coosa-Tallapoosa (ACT) River Basin. The Corps will hold four public scoping meetings during the month of September as part of its review and update of the WCM for the ACT River Basin. The public is invited to attend the scoping meetings which will provide information on the WCM update process and afford the opportunity to receive input from the public about their issues and concerns regarding that process. All four public meetings will be held using an open house format, allowing time for participants to review specific information and to provide comments to the resource staff attending the meeting.

U.S. SteelMinnesota Ore Operations (U.S. Steel) has applied to the St. Paul District, Corps of Engineers (Corps) for a Clean Water Act Section 404 permit to discharge fill material into jurisdictional wetlands to facilitate the expansion of an operating open pit taconite mine and expansion of an operating taconite ore processing facility near Keewatin in Itasca County and St. Louis County, MN. Tailings would be discharged into an existing, operating tailings basin. The proposed project is known as the Keetac Expansion Project. Iron ore mining and taconite pellet production have been on-going at the Keetac site since 1967, when the original Phase I taconite processing plant began operation. In 1977, the Phase II expansion added a second grate-kiln pellet line. The Phase I facility was idled in December 1980, leaving the Phase II facility as the only operating pellet production line. U.S. Steel now proposes to increase the capacity at the Keetac facility by restarting the Phase I line and upgrading the mining, concentrating, and agglomerating processes. The restart would involve the installation of energy-efficient technologies in addition to new emission controls. The expansion would increase the project impact area by approximately 1,272 acres to a total of approximately 12,864 acres. The project would continue to operate 24 hours per day; 365 days per year. Taconite pellet production output would increase by 3.6 million tons to a total output of 9.6 million tons per year. The mining process would require the construction of overburden, waste rock, and lean ore stockpiles adjacent to the open pit mine. There is currently adequate ore crushing capacity for the proposed expansion. The existing tailings basin would be expanded slightly in order to reinforce the dikes so that the height of the tailings can be increased. The currently permitted mine could also be used to provide ore for the proposed expanded operation, but this would reduce the life of the mine and therefore an expansion of the mine is proposed to maintain twenty-five years of permitted capacity. The project would require the discharge of fill material into approximately 620 acres of wetlands. While some of the wetlands may be isolated, the majority of the wetlands are abutting or adjacent to an unnamed tributary to Welcome Creek, which is a tributary to O'Brien Creek, which is a tributary to the Swan River, which is a tributary to the Mississippi River, which is a navigable water of the United States. U.S. Steel proposes to utilize approximately 395 acres of wetlands that have been restored and are being monitored adjacent to the existing tailings basin to compensate for the first five years of lost wetland functions and values that would be caused by the proposed project. Those restored wetlands have been identified as being suitable for wetland banking. In addition, U.S. Steel will submit a compensatory wetland mitigation plan to identify compensation for the remainder of the proposed wetland impacts. The discharge of dredged or fill material into waters of the United States requires a permit issued by the Corps under Section 404 of the Clean Water Act. The Final Environmental Impact Statement (FEIS) will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

The purpose of the Environmental Impact Statement (EIS) is to address alternatives and environmental impacts associated with the conveyance of approximately 900 acres of Federal land at Lake Texoma, Oklahoma and Texas, to the city of Denison, TX.

The U.S. Army Corps of Engineers (Corps) is preparing an Environmental Impact Statement (EIS) to analyze the direct, indirect and cumulative effects of a proposed Nebraska State Highway project, Nebraska Highway 12 Niobrara East and West Project (project), by the Nebraska Department of Roads (NDOR). The project will provide a safe regional transportation corridor that meets Nebraska State Highway design standards. The project is needed due to interrupted use, high maintenance, roadway stability issues, driver safety during high water events, and the importance of maintaining Nebraska Highway 12 as a regional transportation corridor. Alternatives under consideration include: (1) Taking no action; (2) re-construction on existing alignment; (3) providing a new two-lane highway on new alignment; (4) reducing or eliminating existing flooding through evaluation of methods to reduce Lewis and Clark Lake elevation through operations and/or maintenance. NDOR and Corps have not selected a project alternative but will be exploring a range of alternatives through the National Environmental Policy Act (NEPA) process. Additional alternatives will be considered during the NEPA process. Construction of the project is expected to result in temporary and permanent impacts to jurisdictional waters of the United States, thereby requiring a Clean Water Act section 404 permit. The Corps has prepared a scoping document to familiarize other agencies, the public and interested organizations with the preliminary project alternatives and potential environmental issues that may be involved. The scoping document includes a description of the problems that create the need for the project, a preliminary list of project alternatives, and various environmental/resource issues that will be addressed in the EIS. Copies of the scoping document will be available at the public scoping meeting or can be requested by mail. The EIS will be prepared according to the Corps' procedures for implementing the National Environmental Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 4332(2)(c), and consistent with the Corps' policy to facilitate public understanding and review of agency proposals.

The U.S. Army Corps of Engineers, Los Angeles District (USACE) and the Los Angeles Harbor Department (Port) have prepared a joint Supplemental Environmental Impact Statement/Supplemental Environmental Impact Report (SEIS/SEIR) for the Port of Los Angeles Channel Deepening Project, Los Angeles, California. This Draft SEIS/SEIR describes the affected resources and evaluates the potential impacts to those resources as a result of the Proposed Action and alternatives. The purpose of the Proposed Action is to dispose of approximately 3.0 million cubic yards of dredge material required to complete the Channel Deepening Project and to beneficially reuse the dredge material within the Port of Los Angeles. Three Alternatives have been analyzed in the Draft SEIS/SEIR, including No Action. Alternative 1, Port Development and Environmental Enhancement was developed with a focus on using dredge material for port development and environmental enhancement and would involve use and development of the following disposal sites: Berths 243-245, the Northwest Slip, CSWH Expansion, the Eelgrass Habitat Area, and LA-2. Alternative 2, Environmental Enhancement and Ocean Disposal was developed with a focus on environmental enhancement related uses of the remaining material and does not include any disposal options associated with port development. Under Alternative 2, dredge material would be disposed at the CSWH Expansion, Eelgrass Habitat Area, LA-2 and the Anchorage Road Soil Storage Site. Under Alternative 3, the No Action Alternative, no further dredging would take place and the Channel Deepening Project would not be completed. This Notice also serves as the Public Notice/Notice of Availability for the Section 404 Permit under Clean Water Act (CWA). A preliminary application has been received for a Department of the Army permit for the activity described herein. The Corps is considering an application submitted by the Port for a permit, in accordance with Section 404 of the CWA and Section 10 of the Rivers and Harbors Act, to complete dredging activities outside of the Federal Channel and placement of the dredge material in waters of the United States in the Port of Los Angeles. This SEIS/SEIR would be used by the Corps as part of their application review process. The Corps and the Port independently determined under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), respectively, that there are potential significant environmental impacts associated with the proposed action, and an Environmental Impact Statement and Environmental Impact Report are required.

The study is being conducted in response to the authority contained in the Consolidated Appropriations Act, 2008. Pertinent text is quoted below:

The U.S. Army Corps of Engineers, Vicksburg District, in conjunction with the Avoyelles Parish Police Jury, the non-Federal sponsor, is undertaking studies to investigate the feasibility of restoring the Spring Bayou area ecosystem.

In accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers, San Francisco District, (Corps) in coordination with the Port of Sacramento is preparing a draft Supplemental Environmental Impact Statement /Subsequent Environmental Impact Report (SEIS/SEIR) to evaluate the action of resuming construction of navigational improvements to the Sacramento River Deep Water Ship Channel (SRDWSC). The SRDWSC runs from the Contra Costa county line to the Port of Sacramento. Construction was initiated in 1989, but work was suspended in 1990 after deepening a portion of the channel to the authorized depth of 35 feet. The proposed action involves deepening the existing Federal navigation channel from 30 feet to 35 feet (mean lower low water) and widening portions of the channel to improve navigational efficiency for movement of goods and safety. The SRDWSC project was originally authorized by the River and Harbors Act of 1946 , Public Law 525, 79th Congress, 2nd Session, and reauthorized under Section 202(a) of the Water Resources and Development Act of 1986, Public Law 99-662, 100 Stat. 4092. This is a notice of intent to prepare an SEIS/SEIR, and to consider alternatives, evaluate potential impacts of the proposed action, and identify appropriate mitigation measures.

The U.S. Army Corps of Engineers (Corps) is proposing to establish a restricted area around the AUSTAL, USA shipbuilding facility located in Mobile, Alabama, because of the sensitive nature of the on-going and potential future activities at that facility. The Supervisor of Shipbuilding, Conversion and Repair (SUPERVISOR), located in Bath, Maine is responsible for United States Navy shipbuilding activities at AUSTAL, USA located in Mobile, Alabama. The proposed restricted area will be used for on-going construction when vessels are placed in the water. The proposed restricted area is essential to protect persons and property from the dangers associated with the operation and safeguard the area from accidents, sabotage and other subversive acts.

The U.S. Army Corps of Engineers (Corps) is proposing to amend the existing regulations for a restricted area at Blount Island Command, located on Marine Corps Support Facility-Blount Island, Jacksonville, Florida. Blount Island Command is responsible for managing the United States Marine Corps Prepositioning Programs. Due to the importance of this mission, the current restricted area in this section must be extended due to Department of Defense (DoD) directives that require the implementation of specified force protection measures by all DoD components. This amendment to the existing regulation is necessary to protect U.S. government personnel, equipment, and facilities from potential terrorist attack by providing stand-off corridors encompassing the waters immediately contiguous to Marine Corps Support FacilityBlount Island.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed a Draft Supplemental Environmental Impact Statement/ Subsequent Environmental Impact Report (SEIS/SEIR) for the Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act for a new crude oil marine terminal at Berth 408 on Pier 400 including: Construction of a new marine terminal to receive crude oil from marine vessels and transfer the oil to tank farm facilities via a new 42-inch-diameter, high-volume pipeline; construction of two tank farms, Tank Farm Site 1 located on Pier 400 and Tank Farm Site 2 located on Pier 300 at Seaside Avenue/ Terminal Way; construction of new pipelines to connect the new tank farm facilities to existing pipeline facilities, with the new tank farm facilities connected to the existing ExxonMobil Southwest Terminal on Terminal Island, the existing Ultramar/Valero Refinery on Anaheim Street near the Terminal Island Freeway, and to Plains All American pipeline systems near Henry Ford Avenue and Alameda Street via new and existing 36-inch, 24-inch, and 16-inch pipelines, and with all new pipelines installed belowground, with the exception of the water crossings at the Pier 400 causeway bridge and at the Valero utility/pipe bridge that crosses the Dominguez Channel west of the Ultramar/Valero Refinery. The new tank farm facilities would provide a total of 4.0 million barrels (bbl) of capacity, primarily receiving crude oil, partially refined crude oil, and occasional deliveries of Marine Gas Oil (MGO).

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 and Section 10 of the Rivers and Harbor Act, from Potash Corporation of Saskatchewan Phosphate Division (PCS) for the continuation of its phosphate mining operation near Aurora, Beaufort County, NC. PCS proposes to undertake an approximately 11,909 acre mine expansion into an approximately 15,100 acre project area surrounding its current mining operation. This expansion would occur over a 37 year period and would impact approximately 4,135 acres of waters of the United States including wetlands adjacent to The Pamlico River, South Creek and Durham Creek. The Notice of Availability of the Draft Environmental Impact Statement (DEIS) for this action was published in the Federal Register on Friday, October 20, 2006 (71 FR 61962). The Notice of Availability of Supplement I of the DEIS (SDEIS) was published in the Federal Register on Tuesday, November 6, 2007 (72 FR 62634).

The Army has initiated a review of the programmatic regulations for the Comprehensive Everglades Restoration Plan required by section 601(h)(3)(E) of the Water Resources Development Act of 2000. As part of scoping the review for the regulations, the public is invited to provide comments on this review. Specifically, we welcome your comments on issues concerning the programmatic regulations, any items in the regulations that should be reviewed, or suggestions to improve the programmatic regulations.

Aggregate Industries is proposing a project that will require a St. Paul District, Corps of Engineers (Corps) permit for excavation within a navigable water and to discharge dredged material into waters and wetlands during an aggregate mining operation. Specifically, Aggregate Industries is proposing to dredge and excavate sand and gravel in approximately 230 acres of backwater area adjacent to the main channel of the Mississippi River. A berm would be constructed in the river upstream of the mine area to minimize current velocity in the mining area and to reduce turbidity. Sand and gravel would be excavated using a clamshell-type dredge to a maximum depth of approximately 200 feet. Dredged material would be transported via a conveyor system from the dredge to an existing sand and gravel processing plant located on Grey Cloud Island. Excess sand not used for berm construction would be returned to the mined area. A specific compensatory mitigation plan has not yet been developed for the project. Aggregate Industries intends to work with interested federal and state agencies to develop an acceptable plan that would meet federal and state compensatory mitigation requirements. The project requires Corps of Engineers approval under Section 10 of the Rivers and Harbors Act of 1899 and under Section 404 of the Clean Water Act. The final environmental impact statement will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directs the Secretary of the Army to revise the ``Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies'', dated March 10, 1983 consistent with a number of considerations enumerated in the statute. Upon completion the revision will apply to water resources projects, project reevaluations, or project modifications and project feasibility studies carried out by the Secretary except those commenced prior to the completion of the revised guidance. The Secretary intends to craft the revision in two phases, with the first phase of this revision to address revisions to the 1983 Principles and Standards (Chapter I of the existing Guidelines) and the second phase to address revisions to the Procedures (Chapters II through IV of the 1983 Guidelines). The purpose of this notice is to provide opportunity for interested individuals and organizations to submit suggestions for revising the Principles and Standards. Using that input the Secretary intends for the initial draft of the revision to be prepared in June and released for public comments by July.

The Vicksburg District Corps of Engineers, in conjunction with the City of Shreveport, the non-Federal sponsor, are undertaking studies to investigate the feasibility of water supply improvements for the City of Shreveport and Caddo Parish.

The purpose of the study is to develop implementation plans to sustain federally-listed species within the Woolly Star Preserve Area, including the Slender-horned spineflower, San Bernardino Kangaroo Rat, and Santa Ana Woolly Star. As a requirement of the Biological Opinion (2002), for construction and operation of Seven Oaks Dam (SOD), the Corps prepared a Multi-Species Habitat Management Plan (MSHMP) to identify potential management measures and implementation strategies. Recommendations in the Draft MSHMP have been developed in collaboration with the U.S. Fish and Wildlife Service, California Department of Fish and Game, and other stakeholders. The Draft MSHMP identifies non- structural and structural measures. Non-structural measures could include, but are not limited to, herbicide treatment for non-native invasive grass control and providing water to the mitigation area through pipelines or trucks to hydraulically spread sand for substrate enhancement. Structural measures could include, but not limited to, controlled releases from SOD and dikes (permanent and/or temporary) used to direct hydraulic spreading of sand for substrate enhancement. The SEIS/EIR will examine the details of the measures identified above and other feasible alternatives based on hydrological, geotechnical, environmental, and technical factors. Management activities would be conducted within the Woolly Star Preserve Area and other adjacent lands.

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 for the Littoral Combat Ship (LCS Freedom 1) during its construction. The regulations are necessary to provide adequate protection of the ship, its materials, equipment to be installed therein, and its crew, while it is located at the property of Marinette Marine Corporation.

The U.S. Army Corps of Engineers, New England District in partnership with the Massachusetts Port Authority (Massport) has prepared a joint Draft Supplemental Environmental Impact Statement and State Draft Environmental Impact Report (DSEIS/DEIR) examining improvements to deep-draft navigation channels in Boston Harbor, Boston, MA. Four separate improvements were developed. The first examined deepening the outer and lower harbor's existing 40-foot channel system to provide deeper access to Massport's Conley Terminal in South Boston for containership traffic. All depths are referenced to minus mean lower low water (MLLW). Navigation channel depths of between 45 to 50 feet were examined, with a depth of 48 feet recommended, with an additional two feet in the entrance channel. Under this plan the following project features would be improved: the 40-foot lane of the Broad Sound North Entrance Channel would be deepened to 50 feet and widened through the bend at Finn's Ledge. The 40-foot lane of the Main Ship Channel from the Broad Sound North Entrance Channel upstream through President Roads to the Reserved Channel would be deepened to 48 feet and its 600-foot-wide reaches widened to between 800 and 900 feet, with additional width in the bends. The 40-foot lower reach of Reserved Channel and its turning area would be deepened to 48 feet, with the turning area also widened to 1600 feet. The 40-foot President Roads Anchorage would be deepened to 48 feet. The second improvement would deepen the existing 40-foot lane of the Main Ship Channel from the Reserved Channel Turning Area upstream to just below the Third Harbor Tunnel to a depth of 45 feet, to improve access to the Massport Marine Terminal in South Boston. The third improvement would deepen a portion of the 35-foot Mystic River Channel lane to 40 feet to improve access to Massport's Medford Street Terminal. The fourth and final improvement would deepen the 38-foot Chelsea River Channel to 40 feet, with minor widening in the bridge approaches and the bend between the bridges. In conjunction with work in the Federal channels, the Massachusetts Port Authority would deepen vessel berths at the Conley Terminal and Marine Terminal. Terminals on the Chelsea River would also deepen their berths to match the new channel depth. A total of about 12.1 million cubic yards (cy) of parent material, and 1.2 million cy of rock, would be removed by dredging and placed at the Massachusetts Bay Disposal Site (MBDS). Beneficial use opportunities for the dredged material have been identified and would be considered further during final design of the project. Those beneficial use opportunities include: creation of rock reefs in Massachusetts Bay and Broad Sound, and using the non-rock material as cover at the former Industrial Waste Site, which overlaps the MBDS. This joint Federal and State document builds on the lessons learned from the final EIR/S prepared in June of 1995 for the previous navigation improvement project in Boston Harbor.