Engineers Corps May 2006 – Federal Register Recent Federal Regulation Documents

Notice of Availability of a Draft Integrated System Investment Plan and Programmatic Environmental Impact Statement for the Ohio River Mainstem System Study
Document Number: 06-4884
Type: Notice
Date: 2006-05-26
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
a. Pursuant to the National Environmental Policy Act (NEPA), the Great Lakes and Ohio River Division of the U.S. Army Corps of Engineers (Corps) is seeking comments on a draft System Investment Plan and Programmatic Environmental Impact Statement (SIP/PEIS) that evaluates alternative investment strategies for the maintenance of commercial navigation infrastructure along with the ecosystem sustainability needs on the Ohio River System for the next 60 years. b. The primary purpose of the Ohio River Mainstem Systems Study (ORMSS) is to develop the best SIP for maintaining safe, environmentally sustainable, and reliable navigation on the Ohio River over a 60-year period from 2010 to 2070. The study evaluated the operation and maintenance, rehabilitation, and construction reinvestment needs at the 19 navigation lock and dam sites on the Ohio River Mainstem. The study reports on five plans for meeting these needs based on five different traffic forecast scenarios. The future reliable operation of these structures is critical to the continued growth in commercial navigation throughout the Ohio River basin. In response to stakeholder input, the study purpose was modified to include the identification of measures to improve ecological sustainability to provide a balance between economic and environmental improvements. c. In order to facilitate review, the Corps will be conducting six public meetings along the Ohio River to solicit comments on its proposed plan. (See SUPPLEMENTARY INFORMATION for dates, times and locations). d. The Corps will be providing copies of the SIP/PEIS at numerous locations for review by the public. (See SUPPLEMENTARY INFORMATION for locations). e. The review and comment period for this draft document will be 60 days.
Intent To Prepare a Real Estate Supplement/Third Supplemental Environmental Impact Statement (RES/SEIS) to the Final SEIS on Modified Water Deliveries to Everglades National Park, Tamiami Trail Feature, Miami-Dade County, FL, November 2005
Document Number: 06-4883
Type: Notice
Date: 2006-05-26
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Intent to Prepare a Draft Environmental Impact Statement for Residential, Commercial, and Marine Development Along the Gulf Intracoastal Waterway
Document Number: 06-4881
Type: Notice
Date: 2006-05-26
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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 mixed-use waterfront development along the Gulf Intracoastal Waterway (GIWW) in Baldwin County, AL, specifically the stretch known as the ``Foley Land Cut''. The Corps will be evaluating 14 separate permit applications for the proposed work under the authority of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The EIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).
Compensatory Mitigation for Losses of Aquatic Resources
Document Number: E6-7837
Type: Proposed Rule
Date: 2006-05-23
Agency: Department of Defense, Environmental Protection Agency, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Availability of Partially Exclusive, Exclusive or Non Exclusive License
Document Number: Z6-7331
Type: Notice
Date: 2006-05-19
Agency: Department of Defense, Employee Benefits Security Administration, Department of Labor, Department of Energy, Federal Aviation Administration, Department of Transportation, Management and Budget Office, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
Notice of Availability of the Final Environmental Impact Statement for the Proposed Everglades Agricultural Area (EAA) A-1 Reservoir located in Palm Beach County, FL
Document Number: E6-7644
Type: Notice
Date: 2006-05-19
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Exchange of Government Property at Devens Reserve Forces Training Area to MassDevelopment for Future Development
Document Number: E6-7643
Type: Notice
Date: 2006-05-19
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
In accordance with 10 United States Code 2869, the Department of the Army intends to enter into an Exchange Agreement with MassDevelopment for the exchange of 13.57+/- acres of Government owned land at Devens Reserve Forces Training Area, Devens, Massachusetts, in exchange for renovations to several buildings at Devens Reserve Forces Training Area. The purpose of this notice is to effect the exchange pursuant to provisions of 10 U.S.C. 2869. This is a partial transfer of the entire acreage located at the facility. Additional information is on file with the U.S. Army Engineer District, Corps of Engineers, Louisville, Kentucky.
Intent To Prepare a Draft Environmental Impact Statement for the Seven Oaks Dam Water Quality Study, San Bernadino County, CA
Document Number: 06-4685
Type: Notice
Date: 2006-05-19
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Availability of Draft Environmental Impact Statement for the Proposed Construction of a Dredged Material Containment Facility in the Patapsco River, at Masonville, Baltimore City, MD
Document Number: 06-4683
Type: Notice
Date: 2006-05-19
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
In accordance with requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District, has prepared a Draft Environmental Impact Statement (DEIS) for the proposed construction of a dredged material containment facility (DMCF) by the Maryland Port Administration (MPA). This DEIS was prepared as part of the submission of MPA's application for a Department of the Army permit to construct the facility in the Patapsco River, Baltimore City, MD. This application will be evaluated pursuant to section 10 or the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act. The preferred alternative is for the construction of a stone, sand, and cofferdam structure that would impact approximately 131 acres of waters of the United States, including jurisdictional wetlands. The structure would be initially constructed to 10 feet above the mean lower low water (MLLW) elevation, with a future temporary elevation to 42 feet above MLLW, and an ultimate elevation of 36 feet above MLLW. The project would also include mechanical dredging of approximately 1.7 million cubic yards of overburden material within the footprint of the proposed disposal site, and the placement of this material at the Hart Miller Island disposal site, Baltimore County, MD. Hydraulic dredging of approximately 1.5 million cubic yards of sand would be performed, and the sand used to construct the outer portion of the containment structure. Approximately 0.5 million cubic yards of clay is to be mechanically/hydraulically dredged and placed on the inside of this structure. Two new spillway structures and discharge outfalls are to be included in the construction of the DMCF. Other work associated with the construction of the DMCF is the relocation of a city water main line and storm drain systems, and the relocation of a commercial mooring buoy. The total proposed footprint of the proposed project is 141 acres.
Availability of Partially Exclusive, Exclusive or Non Exclusive License
Document Number: E6-7331
Type: Notice
Date: 2006-05-15
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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.
Intent to Prepare a Draft Environmental Impact Statement for the Neuse River Basin Feasibility Study, NC
Document Number: 06-4512
Type: Notice
Date: 2006-05-15
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The Neuse River Basin is the third largest basin in North Carolina, encompassing a total area of about 6,235 square miles. The Neuse River originates in north central North Carolina and flows southeasterly until it reaches tidal waters of Pamlico Sound. Water quality in the Neuse River Basin has become degraded from multiple causes, including: Rapidly expanding urban growth with increasingly rapid runoff from storm events; deforestation; expanding high-density livestock operations; and aging wastewater infrastructure. Fish and wildlife populations have suffered declines in diversity and vigor; and waterborne fish diseases have now become apparent, especially Pfiesteria. The U.S. Army Corps of Engineers, Wilmington District, in cooperation with the State of North Carolina Division of Water Resources has initiated the Neuse River Basin Feasibility Study in North Carolina. The purpose of the feasibility study is to develop and evaluate basin wide alternatives to improve water quality, restore anadromous fish passage, wetlands, stream, riparian buffer, and oyster habitat. We will also investigate flood damage reduction. The focus of this study is to identify resource problems, needs, and opportunities and develop solutions. The feasibility study is being carried out under the Corps of Engineers General Investigation Program and is being conducted in response to a congressional resolution adopted July 23, 1997.
Intent to Prepare an Environmental Impact Statement for the Dam Safety Assurance Evaluation Report, Dover Dam, City of Dover, Tuscarawas County, OH
Document Number: C6-4234
Type: Notice
Date: 2006-05-11
Agency: Department of Defense, Employee Benefits Security Administration, Department of Labor, Environmental Protection Agency, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
Intent To Prepare a Supplemental Environmental Impact Statement to the Interim Operational Plan for Protection of the Cape Sable Seaside Sparrow, Everglades National Park, Miami-Dade County, FL, May 2002
Document Number: 06-4241
Type: Notice
Date: 2006-05-05
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
In 1999, the U.S. Fish and Wildlife Service issued a Final Biological Opinion for the Modified Water Deliveries to Everglades National Park Project (MWD Project), the C-111 Project, and the Experimental Water Deliveries to Everglades National Park Project. FWS concluded that the operations, if continued, would likely jeopardize the continued existence of the endangered Cape Sable seaside sparrow and adversely modify its critical habitat. In response, the Corps implemented an Interim Structural and Operational Plan (ISOP) in March 2000, followed by the Interim Operating Plan (IOP) in July 2002. These operations were designed to protect the sparrow pending completion of construction of the MWD Project and the C-111 Project. Because of the urgency to implement IOP in time for the next sparrow breeding season, the IOP Final Environmental Impact Statement (FEIS) was completed prior to conclusion of modeling that supported the selected plan. Pursuant to a March 2006 order by the United States District Court for the Southern District of Florida, the Corps will be preparing a supplement to the IOP FEIS. The Supplemental Environmental Impact Statement (SEIS) will update the FEIS with the modeling for the selected alternative, which was completed in November 2002, as well as actual data collected since the May 2002 FEIS. In addition the SEIS will update its analysis of the default condition for the reservoirs.
Notice of Availability of Draft Environmental Impact Statement for the Floyd County, KY (Levisa Fork Basin), Section 202 Project
Document Number: 06-4235
Type: Notice
Date: 2006-05-05
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, DoD. Huntington District has prepared a Draft Environmental Impact Statement (DEIS) which documents planning analyses undertaken for a proposed flood damage reduction projects in the Levisa Fork basin in Floyd County, KY. The study area includes the incorporation areas of Prestonsburg and unincorporated areas in Floyd County which are subject to flood damage from the potential of a reoccurrence of the April 1977 flood. The study area does not include the City of Martin, KY where a separate flood damage reduction project is underway. The DEIS documents agency evaluation of four alternatives, two of which includes floodwall/levee alignments intended to protect Prestonsburg and non-structure flood-proofing measures, a total non- structural alternative, and the No Federal Action alternative.
Intent To Prepare an Environmental Impact Statement for the Dam Safety Assurance Evaluation Report, Dover Dam, City of Dover, Tuscarawas County, OH
Document Number: 06-4234
Type: Notice
Date: 2006-05-05
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District will prepare an Environmental Impact Statement (EIS) to disclose potential impacts to the natural, physical, and human environment resulting from modifications to Dover Dam. This high hazard dam does not conform to current design standards related to stability and sliding during a probable maximum flood. Modifications will be performed so the Dam will meet these standards.
Notice of Availability of the Final Environmental Impact Statement, Dated April 2006, for Commercial Sand and Gravel Dredging Operations in the Allegheny and Ohio Rivers, PA
Document Number: E6-6622
Type: Notice
Date: 2006-05-02
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers, Pittsburgh District (Corps) is issuing this notice to advise the public that a final Environmental Impact Statement (EIS) has been completed and is available for review in compliance with the National Environmental Policy Act (NEPA). The overall purpose of the EIS is to evaluate the environmental consequences for issuing of Section 10 and 404 permits for Commercial Sand and Gravel Dredging in the Allegheny River (River Miles 0-69.5) and the Ohio River (River Miles 0-40).
Upper Columbia Alternative Flood Control and Fish Operations, Libby and Hungry Horse Dams, MT
Document Number: E6-6532
Type: Notice
Date: 2006-05-01
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps), Seattle District, announces the availability of the Final Environmental Impact Statement (FEIS) for Upper Columbia Alternative Flood Control and Fish Operations. The U.S. Bureau of Reclamation (Reclamation) is a cooperating agency for this FEIS. The document describes and analyzes the environmental impacts of alternative flood control operations at Libby Dam on the Kootenai River and at Hungry Horse Dam on the South Fork Flathead River. Both dams are located in northwestern Montana. The overall goal of the FEIS is to evaluate effects of alternative dam operations to provide better reservoir and flow conditions at and below Libby and Hungry Horse Dams for anadromous and resident fish listed as threatened or endangered under the Endangered Species Act (ESA), consistent with authorized project purposes, including maintaining the current level of flood control benefits. Two new alternatives for Libby Dam were added in the FEIS and the Corps is particularly interested in any comments on those alternatives which are described in Section 2.2 and evaluated in Section 3.3 of the FEIS.
Navigation Regulations
Document Number: 06-4064
Type: Rule
Date: 2006-05-01
Agency: Department of Defense, Corps of Engineers, Department of the Army, Engineers Corps, Army Department
The Corps is amending the regulations for lockage operations at Bonneville Lock and Dam and amending the regulations which establish the restricted areas at Little Goose Lock and Dam. The Corps is making corrections and adjustments to the lockage control, signals, and permissible dimensions of vessels for Bonneville Lock and Dam. These changes correct language for the new replacement lock. For the Little Goose Lock and Dam the Corps is making adjustments in the upstream channel restricted area boundary to provide a recreational craft corridor along the north shoreline. This will provide better boat ramp access in support of the small craft portage route and reduce interference between fishermen and the boat ramp.
Intent To Prepare an Environmental Impact Statement for Pine Mountain Dam & Lake Project, AR
Document Number: 06-4061
Type: Notice
Date: 2006-05-01
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Little Rock District will prepare an Environmental Impact Statement (EIS) for the proposed Pine Mountain Dam and Lake Project, AR. The purpose of the EIS will be to present alternatives and assess the impacts to the human environment associated with providing flood control, recreation and water supply for the surrounding areas in Arkansas and Oklahoma from the proposed project. The study area includes the entire Lee Creek watershed together with the lower Lee Creek reservoir near Van Buren, AR. The proposed project could affect agriculture, recreation, flood control, water supply and natural resources within the study area. The EIS will evaluate potential impacts (positive and negative) to the natural, physical, and human environment as a result of implementing any of the proposed project alternatives that may be developed during the EIS process.