Appendix A to Part 230 - Processing Corps NEPA Documents
33:3.0.1.1.10.0.1.27.5 : Appendix A
Appendix A to Part 230 - Processing Corps NEPA Documents
NEFA documents for Civil Works activities other than permits
will be processed in accordance with the instructions contained in
this appendix and applicable paragraphs in the regulation.
Table of Contents Title 1. Feasibility Studies 2. Continuing
Authorities Program Studies 3. Projects in Preconstruction
Engineering, and Design, Construction, and Completed Projects in an
Operations and Maintenance Category 4. Other Corps Projects 1.
Feasibility Studies
a. Preparation and Draft Review. During the
reconnaissance phase, the district commander should undertake
environmental studies along with engineering, economic and other
technical studies to determine the probable environmental effects
of alternatives and the appropriate NEPA document to accompany the
feasibility report. This environmental evaluation should be
continued in the feasibility phase, and if the need for an EIS
develops the district commander will issue a notice of intent as
early in the feasibility phase as possible. Following the guidance
in ER 1105-2-10 through 60, the district commander will prepare a
draft feasibility report combining or integrating the draft EIS or
EA and draft FONSI (as appropriate), or a separate NEPA document
and circulate it to agencies, organizations and members of the
public known to have an interest in the study. Five copies of the
draft EIS and report will be mailed to Director, Office of Federal
Activities (A-104), Environmental Protection Agency, 401 M Street
SW., Washington, DC 20460 for filing after distribution has been
accomplished. After receipt and evaluation of comments received,
the district commander will prepare the final report and EIS or EA
and FONSI and submit it to the division commander for review.
b. Division Review. After review, the division commander
will issue a public notice of report issuance and transmit the
report to the CEBRH. On Mississippi River and Tributaries projects,
the district commander will issue a public notice and submit the
report to the CEMRC. For the purpose of this regulation, only the
acronym CEBRH will be used since the review functions of CEMRC and
CEBRH are similar. The notice will provide a 30-day period for
comments to be submitted to CEBRH on the report and EIS. Although
the EIS in the report is identified as “final” at this stage of
processing, it should be made clear to all those requesting a copy
that it is an “Interim Document under Agency Review - Subject to
Revision” and will become the agency's final EIS when it is filed
after CEBRH review.
c. CEBRH Review. CEBRH will review the EIS at the same
time it reviews the final feasibility report. The report and EIS
should be compatible. If the CEBRH review requires minor revisions
(with insignificant impacts) to the plan as recommended by the
division and district commanders, these changes and impacts shall
be noted in the CEBRH report. If the CEBRH action results in major
revisions to the recommended plan and revisions are variants of the
plan or are within the range of alternatives considered and
discussed in the draft EIS, an addendum to the final EIS will be
prepared by CEBRH (with assistance from the district commander, as
required). This addendum “package” will be identified as an
“Addendum to the Final EIS - Environmental Consequences of the
Modifications Recommended by the Board of Engineers for Rivers and
Harbors - project name.” The format shall include an abstract on
the cover page; recommended changes to the division/district
commander's proposed plan; rationale for the recommended changes;
environmental consequences of the recommended changes; and the
name, expertise/discipline, experience, and role of the principal
preparer(s) of the addendum. Letters received during CEBRH review
which provide new pertinent information having a bearing on the
modifications recommended by CEBRH will be attached to the
addendum. If CEBRH proposes to recommend a major revision or a new
alternative to the plan recommended by the division and district
commanders with significant impacts which were not discussed in the
draft EIS, a supplement to the draft EIS will be required. After
consultation with CEBRH and the division commander, the district
commander will prepare and circulate the supplement to the draft
EIS in accordance with paragraph 13(b). The supplement together
with incoming letters of comment and Corps responses to substantive
issues shall be incorporated into the existing final report and EIS
with a minimum of page changes or revisions to reflect the modified
or new proposed plan. CEBRH will review its proposed action in
light of the comments received prior to taking final action on the
report and EIS.
d. Departmental Review. The report and final EIS,
together with the proposed report of the Chief of Engineers and the
CEBRH report, will be filed with EPA at about the same time as it
is circulated for the 90-day departmental review by Federal
agencies at the Washington level and the concerned state(s).
District commanders will circulate the proposed Chief's report,
CEBRH report, and the report and final EIS to parties on the
project mailing list not contacted by HQUSACE (groups and
individuals known to have an interest in the study or who provided
comments on the draft EIS) allowing the normal 30-day period of
review. HQUSACE will provide a standard letter for the district to
use to transmit these documents which explains the current status
of the report and EIS and directs all comments to be sent to
HQUSACE (CECW-P). Copies of the report appendices circulated with
the draft need not be circulated with the report and final EIS. All
letters of comment received on the report and final EIS together
with HQUSACE responses and the draft record of decision (to be
provided by the district commander) will be included with other
papers furnished at the time the final Chief's report is
transmitted to ASA(CW) for further review and processing.
e. Executive Reviews. After completion of review, the
Chief of Engineers will sign his final report and transmit the
report and accompanying documents to ASA(CW). After review ASA(CW)
will transmit the report to OMB requesting its views in relation to
the programs of the President. After OMB provides its views,
ASA(CW) will sign the record of decision (ROD) and transmit the
report to Congress. In situations where Congress has acted to
authorize construction of a project prior to receiving ASA(CW)
recommendations, the Director of Civil Works is the designated
official to sign the ROD. In this case the ROD should only address
the project as authorized by the Congress and not attempt to
provide any additional justification of the Congressional
action.
2. Continuing Authorities Program Studies
a. Preparation and Draft Review. During the
reconnaissance phase, the district commander should undertake
environmental studies along with engineering, economic and other
technical studies to determine the probable environmental effects
of alternatives and the appropriate NEPA document to accompany the
detailed project report (DPR). If the results of the reconnaissance
phase warrant preparation of an EIS, the district commander will
issue a notice of intent early in the ensuing feasibility study.
Following the guidance in ER 1105-2-10 through 60 the district
commander will prepare the draft DPR incorporating the EA and draft
FONSI or draft EIS (as appropriate), and circulate it to agencies,
organizations and members of the public known to have an interest
in the study. If an EIS is prepared, five copies of the draft EIS
and report will be mailed to Director, Office of Federal Activities
(A-104), Environmental Protection Agency, 401 M Street SW,
Washington, DC 20460 for filing after distribution has been
accomplished.
b. Agency Review. After receipt and evaluation of
comments the district commander will prepare the final DPR and
EA/FONSI or final EIS and submit eight (8) copies to the division
commander for review and approval. After review, the division
commander will file five (5) copies of the final DPR and EIS with
the Washington office of EPA. The division commander will not file
the final EIS until notified by the district commander that
distribution has been accomplished.
c. Final Review. Letters of comment on the final DPR
including the final EIS will be answered by the district commander
on an individual basis if appropriate. Two (2) copies of all
incoming letters and the district commander's reply together with
five copies of the final DPR and EIS and a draft of the record of
decision will be submitted through division to the appropriate
element within CECW-P. After review of the DPR and NEPA documents,
the Director of Civil Works or Chief, Planning Division will
approve the project and sign the record of decision if an EIS was
prepared for the DPR.
3. Projects in Preconstruction Engineering and Design,
Construction, and Completed Projects in an Operations and
Maintenance Category
a. General. District commanders will review the existing
NEPA document(s) to determine if there are new circumstances or
significant impacts which warrant the preparation of a draft and
final supplement to the EIS. If the proposed changes and new
impacts are not significant an EA and FONSI may be used.
b. Preparation and Draft Review. As soon as practicable
after the district commander makes a determination to prepare an
EIS or supplement for the proposed project, a notice of intent will
be issued. The district commander will, in accordance with 40 CFR
1506.6, prepare and circulate the draft EIS or supplement for
review and comment to agencies, groups and individuals known who
may be interested or affected. Five (5) copies will be sent to
Director, Office of Federal activities (A-104), Environmental
Protection Agency, 401 M Street SW., Washington, DC 20460 for
filing after distribution has been accomplished.
c. Agency Review. The district commander will prepare the
final EIS or supplement after receipt and evaluation of comments.
Eight (8) copies will be transmitted to the division commander for
review. After review the division commander will file five (5)
copies with the Washington office of EPA. A copy of the final EIS
or supplement and transmittal letter to EPA will be provided to the
appropriate counterpart office within HQUSACE. The division
commander will file the final EIS when the district commander has
made distribution.
d. Final Review. Letters of comment on the final EIS or
supplement will be answered by the district commander on an
individual basis as appropriate. Two (2) copies of the incoming
letters and the district commander's reply together with two copies
of the final EIS or supplement and a draft of the record of
decision will be submitted to the appropriate Corps official having
approval authority. After review of the NEPA documents and letters,
the appropriate approving official will sign the record of
decision.
4. Other Corps Projects. Draft and final EISs for other
Civil Works projects or activities having significant environmental
impacts which may be authorized by Congress without an EIS having
been previously filed and for certain real estate management and
disposal actions which may require an EIS should be processed in a
manner similar to that discussed in paragraph 3 of this appendix
except that CERE-MC will be the coordinating office within HQUSACE
for real estate actions.