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

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 expand its existing open pit phosphate mining operation into a 3,412 acre tract immediately adjacent to the current mine. This expansion would impact 2,408 acres of waters of the U.S. including wetlands adjacent to the Pamlico River and South Creek.

The U.S. Army corps of Engineers (Corps) Jacksonville District intends to prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate potential impacts of further rock mining within wetlands in western Miami-date county, FL. The original EIS, The Rock Mining- Freshwater Lakebelt Plan Programmatic Environmental Impact Statement, issued in May 2000 focused on the potential impacts of a 50-year mining plan within the Lake Belt area. After evaluating the EIS, the Corps issued a Record of Decision and permits that allowed mining within a smaller, 10-year plan in April 2002. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgement was issued on March 22, 2006 as part of Case No. 03- 23427-CIV-HOEVELER, United States District Court Southern District of Florida. The decision instructed the Corps to engage in additional analyses of rock mining in the Lake Belt region. Accordingly, the Corps is preparing this SEIS.

Pursuant to 10 U.S.C. 2869(d)(1) the Department of the Army (Army) is providing notice of its intent to convey the ``Drum Stick'' parcel of the former Fort Ord, located in Monterey County, CA in return for the ``Stillwell Kidney'' parcel owned by the City of Seaside. Fort Ord was selected for closure by the Base Realignment and Closure Commission in 1991. The Drum Stick parcel is an undeveloped, densely- vegetated 11.28-acre property adjacent to California State Route 1 on the former Fort Ord. the Stillwell Kidney parcel currently contains approximately 400 abandoned housing units. Under 10 U.S.C. 2869, the Army is authorized to enter into an agreement to convey real property, including any improvements thereon, located on a military installation that is closed or realigned under a Base Realignment and Closure (BRAC) Act to any person who agrees to convey to the Army real property of at least equal value. The Army has concluded that the Stillwell Kidney parcel has a fair market value that is at least equal to that of the Drum Stick parcel.

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 six new NWPs and one new general condition. 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.

In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) Huntington District has prepared a Final Environmental Impact Statement (FEIS). This FEIS evaluates potential impacts to the natural, physical and human environment as a result of the proposed mining activities associated with the Mingo Logan's proposed Spruce No. 1 Mine. The USACE regulates this proposed project pursuant to 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 and operation of a bituminous coal mine. The document was prepared following a public review and a 60-day comment period on the Draft Environmental Impact Statement (DEIS), during which time a public hearing meeting was held on May 1, 2006. The meeting was held at the Earl Ray Tomlin Convention Center in Chapmanville, Logan County, WV.

In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District has prepared a Draft Integrated Feasibility Report and Environmental Impact Statement (EIS) for the Mid-Chesapeake Bay Island Ecosystem Restoration Project in Dorchester County, on Maryland's Eastern Shore. Approximately 90 to 95 million cubic yards of material, primarily dredged during maintenance of the Chesapeake Bay approach channels to Baltimore Harbor, would be placed behind dikes at James Island. Material placed at Barren Island would be from authorized maintenance dredging of Federal navigation channels in the Honga River. After placement, the material would be shaped and planted to provide 2,144 acres of island habitat at James and Barren Islands as well as protect existing island ecosystem habitat, including critical submerged aquatic vegetation.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Branch), in coordination with the Port of Los Angeles, has completed a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berth 97-109 Container Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act for wharf and terminal development (142 acres) in three phases, dredging up to 41,000 cubic yards of sediment, construction of two new concrete pile-supported wharves (for a total of 2,500 feet), new terminal buildings and two new terminal bridges.

The Mobile District, U.S. Army Corps of Engineers (Corps), intends to prepare a Draft Environmental Impact Statement (DEIS) to address the potential impacts associated with actions to comprehensively address hurricane and storm damage reduction, prevention of saltwater intrusion, preservation of fish and wildlife, prevention of erosion, and other related water resource purposes in coastal Mississippi. These actions are related to the consequences of hurricanes in the Gulf of Mexico in 2005. The Corps will forward recommendations to Congress authorized by the Department of Defense Appropriations Act, 2006 (Pub. L. 109-148) dated December 30, 2005. The EIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).

The U.S. Army Corps of Engineers, New England District announces its decision to maintenance dredge the following Federal navigation channels in Boston Harbor, Massachusetts: the Main Ship Channel upstream of Spectacle Island to the Inner Confluence, the upper Reserved Channel, the approach to the Navy Dry Dock, a portion of the Mystic River, and a portion of the Chelsea River (previously permitted). Maintenance dredging of the navigation channels landward of Spectacle Island is needed to remove shoals and restore the Federal navigation channels to their authorized depths. Dredged material suitable for unconfined open water disposal will be disposed at the Massachusetts Bay Disposal Site; material not suitable for unconfined open water disposal will be disposed in confined aquatic disposal (CAD) cell(s) located within the navigation channels. Major navigation channel improvements (deepening) were made in 1999 through 2001 in the Reserved Channel, the Mystic River, Inner Confluence, and the Chelsea River. A Final Environmental Impact Statement (EIS) prepared in June 1995 for this previous navigation improvement project (Boston Harbor Navigation Improvement ProjectBHNIP) identified selected use of CAD cells in the Mystic River, Inner Confluence, and Chelsea River for disposal. A Supplemental Draft and Final EIS was prepared for this maintenance dredging project and built on the lessons learned from the previous improvement project. A new CAD cell for the proposed maintenance project will be constructed in the Mystic River (previously permitted) and in the Main Ship Channel just below the Inner Confluence.

The Cleveland County Sanitary District (CCSD) is applying for a Department of the Army permit under Section 404 of the Clean Water Act (33 U.S.C. 134) to impact approximately 24 miles of river and stream habitat and approximately 1 acre of wetlands with the construction of a dam and water supply reservoir on the First Broad River. The proposed dam site is one mile north of the Town of Lawndale in Cleveland County, NC. The CCSD is proposing this action for the purpose of increasing the water supply for its service area and the region. Based on current rates of growth, CCSD has projected that water needs for its customers will double by the year 2050. Projected regional water demand indicate that existing water supplies are inadequate for future needs. The proposed reservoir would also lessen the occurrence of water shortages during drought conditions. In accordance with the National Environmental Policy Act (NEPA), a Draft Environmental Impact Statement (DEIS) will be prepared to evaluate and compare alternatives for increasing water supply and to assess associated impacts.

The U.S. Army Corps of Engineers, New Orleans District, is initiating this study under the authority provided by the resolutions adopted by the Committees on Public Works of the U.S. Senate and House of Representatives, dated April 19, 1967 and October 19, 1967, respectively, an expansion of the authority created under section 3 of the River and Harbor Act approved June 13, 1902. The Louisiana Coastal Area (LCA) Beneficial Use of Dredged Material Program will optimize the use of dredged material resulting from the maintenance of federally maintained navigational channels to (1) restore formerly existing coastal wetlands; (2) reduce, halt or reverse the loss of existing coastal wetlands; (3) create coastal wetlands where none existed previously; or (4) provide protection to any of the above wetland situations or other coastal landscape features within the study placement area. The LCA Beneficial Use of Dredged Material Program costs are those costs incurred above and beyond the ordinary costs incurred with USACE Operations and Maintenance dredging and disposal operations in accordance with their established base plan for maintenance dredging activities. The base plan is determined by applying the Federal Standard which requires maintenance dredging and disposal activities to be conducted in the most cost effective, environmentally acceptable manner. The study area is Louisiana's coastal area from Mississippi to Texas. Louisiana parishes included in the study area include Ascension, Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion. The following seven navigation channels represent an initial list of areas with the most significant opportunities (1) Calcasieu River and Pass; (2) Houma Navigation Canal; (3) Atchafalaya River and Bayous Chene, Boeuf, and Black; (4) Bayou Lafourche; (5) Mississippi River and Tributaries Project, Head of Passes and Southwest Pass; (6) Barataria Bay Waterway; and (7) Mississippi River Gulf Outlet (although this channel is not currently funded for O&M dredging).

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). Date of Meeting: July 19, 2006. Place: U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, 3909 Halls Ferry Road, Vicksburg, MS 39180- 6199. Time: 8:30 a.m. to 3 p.m.

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 (Corps), Mobile District, intends to prepare a Draft Environmental Impact Statement (EIS), as required by the National Environmental Policy Act (NEPA), to address the proposed implementation of interim water storage contracts at Lake Sidney Lanier/Buford Dam, GA, as contained in a settlement agreement associated with the Southeastern Federal Power Customers, Inc. (SeFPC) v. Secretary of the Army, et al. (1:00CV02954-TPJ) lawsuit. The Draft EIS will also address any changes in water management operations at the reservoir project, as well as the potential for other changes to operations in downstream reservoir projects, which would result from implementation of the settlement agreement.

The Mobile District, U.S. Army Corps of Engineers (Corps), intends to prepare a Draft Supplement to the Environmental Impact Statement (DSEIS) to address the potential impacts associated with construction of authorized improvements to the Federal Pascagoula Harbor Navigation Project in Jackson County, MS. The DSEIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA) and evaluating the following two alternative plans: ``No Action'' and widening and deepening to the authorized project dimensions. Construction of some of the authorized improvements was completed in 1999. Remaining authorized elements which will be evaluated include widening the Gulf Entrance channel from 450 feet to 550 feet wide and deepening the Upper Pascagoula channel from 38 feet to 42 feet deep.

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

The Millington, Tennessee and Vicinity Feasibility Study will be conducted to analyze problems being experienced in the Big Creek drainage basin and evaluate alternatives to provide plans for ecosystem restoration, flood damage reduction, and recreation. National Ecosystem Restoration (NER) benefits will be evaluated with respect to the net change in habitat quantity and/or quality and expressed quantitatively in physical units and indices, but not monetary units. If justified, the feasibility study and EIS will recommend a plan.

The U.S. Army Corps of Engineers, New England District has prepared a Final Supplemental Environmental Impact Statement to maintenance dredge the following Federal navigation channels: The Main Ship Channel upstream of Spectacle Island to the Inner Confluence, the upper Reserved Channel, the approach to the Navy Dry Dock, a portion of the Mystic River, and a portion of the Chelsea River (previously permitted) in Boston Harbor, MA. Maintenance dredging of the navigation channels landward of Spectacle Island is needed to remove shoals and restore the Federal navigation channels to their authorized depths. Materials dredged from the Federal channels will either be disposed at the Massachusetts Bay Disposal Site (for the material suitable for unconfined open water disposal) or, for the material not suitable for unconfined open water disposal, in confined aquatic disposal (CAD) cell(s). Major navigation channel improvements (deepening) were made in 1999 through 2001 in the Reserved Channel, the Mystic River, Inner Confluence and the Chelsea River. A Final EIS prepared for this previous navigation improvement project in June of 1995 identified selected use of CAD cells in the Mystic River, Inner Confluence, and Chelsea River were investigated. A new CAD cell for the proposed maintenance project will be constructed in the Mystic River and in the Main Ship Channel just below the Inner Confluence.

In November 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final 2nd Supplemental Environmental Impact Statement (SEIS) for the Tamiami Trail feature of the Modified Water Deliveries (MWD) project to Everglades National Park in Miami- Dade County, FL. That SEIS assumed that the National Park Service (NPS) would acquire the necessary real estate interests in seven privately- owned parcels of land adjacent to the south side of Tamiami Trail to avoid flooding impacts after the Tamiami Trail project was constructed and ecosystem restoration water flows were directed south into Everglades National Park. It is now concluded that the NPS will be unable to complete the acquisition of real estate rights in time to meet the overall schedule of the MWD project. The Corps now proposes to take over responsibility for the acquisition and address the related impacts in a supplement to the previous SEIS.

On March 28, 2006, the U.S. Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) published a proposed rule to revise regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The Corps and EPA announce the extension of the public comment period for this proposed rule until June 30, 2006. The 30-day extension of the comment period is a result of requests from a number of entities to allow more time to comment on the proposed rule. Comments previously submitted need not be resubmitted, as they have already been incorporated into the public record and will be fully considered in the final rule.

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

With the construction of Seven Oaks Dam, during and immediately after storm events, water flows into the pool of water impounded behind the dam may be turbid. Once water is impounded behind the dam, all water flowing in the Santa Ana River that enters Seven Oaks Reservoir must pass through that impoundment before being released at the dam. To the extent that water impounded behind the dam can have a higher level of sediment or algae than water flowing in the Santa Ana River below the Southern California Edison (SCE) No. 1 Powerhouse, the quality of water released from Seven Oaks Dam into the Santa Ana River may be reduced. The purpose of the study is to evaluate the potential impacts, if any, of the Seven Oaks Dam regarding downstream water quality and to characterize upstream water quality. This will entail characterization of the water quality conditions that existed prior to dam construction and determination of how or whether the dam has contributed to water quality impairment as part of the ``baseline conditions analysis''. After the analysis, future studies would be determined with the resource agencies, Local Sponsors, and Stakeholders.

The Department of the Army, U.S. Army Corps of Engineers, announces the general availability of partially exclusive, exclusive or non exclusive licenses under the following pending patents listed under SUPPLEMENTARY INFORMATION. Any license granted shall comply with 35 U.S.C. 209 and 37 CFR part 404.