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Notice of Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report for a Permit Application for the Proposed Berths 302-306 Container Terminal Improvements Project at the Port of Los Angeles, in Los Angeles County, CA

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[Federal Register: July 9, 2009 (Volume 74, Number 130)]
[Notices]
[Page 32894-32896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy09-38]

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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Notice of Intent To Prepare a Draft Environmental Impact
Statement/Environmental Impact Report for a Permit Application for the
Proposed Berths 302-306 Container Terminal Improvements Project at the
Port of Los Angeles, in Los Angeles County, CA

AGENCY: U.S. Army Corps of Engineers, Los Angeles District, DoD.
ACTION: Notice of Intent (NOI).

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SUMMARY: The U.S. Army Corps of Engineers, Los Angeles District (Corps)
in conjunction with the City of Los Angeles Harbor Department (LAHD) is
examining the feasibility of waterside terminal and transportation
improvements at Berths 302-306 in the Port of Los Angeles. The Corps is
considering the LAHD's application for a Department of the Army permit
under section 10 of the River and Harbor Act and potentially section
404 of the Clean Water Act to construct wharf/docking facilities,
perform dredging, construct container loading apparatus (i.e., cranes),
and other ancillary improvements within 100 feet land side of the
waters' edge associated with the Berths 302-306 [American President
Lines (APL)] Container Terminal Project (proposed project). Dredging up
to 75,000 cubic yards (cy) may be required for the proposed project,
and any proposed offshore disposal at the LA-2 disposal site would also
trigger review under section 103 of the Marine Protection, Research,
and Sanctuaries Act (MPRSA).
    The proposed project would improve the existing terminal, extend
the existing concrete wharf by 1,250 linear feet (lf) to add a new
berth (Berth 306), add new cranes to the Berths 302-305 and Berth 306,
and expand the existing container terminal by approximately 56 acres.
The landside developments include expansion, redevelopment, and
construction of marine terminal facilities.
    The primary Federal concerns are the work (including dredging) and
addition of permanent structures in navigable waters of the U.S.,
potential discharges of fill material into waters of the U.S.,
potential transport and disposal of dredged material at an ocean
disposal site, and potential significant impacts to the environment
resulting from such in-water and over-water activities. Therefore, in
accordance with the National Environmental Policy Act (NEPA), the Corps
is requiring the preparation of an Environmental Impact Statement (EIS)
prior to consideration of any permit action. The Corps may ultimately
make a determination to permit or deny the above project, or permit or
deny modified versions of the above project.
    Pursuant to the California Environmental Quality Act (CEQA), the
LAHD will serve as Lead Agency in preparing an Environmental Impact
Report (EIR) for its consideration of development approvals within its
jurisdiction. The Corps and the LAHD have agreed to jointly prepare a
Draft EIS/EIR to optimize efficiency and avoid duplication. The Draft
EIS/EIR is

[[Page 32895]]

intended to be sufficient in scope to address the Federal, State, and
local requirements and environmental issues concerning the proposed
activities and permit approvals.

FOR FURTHER INFORMATION CONTACT: Comments and questions regarding
scoping of the Draft EIS/EIR may be addressed to: U.S. Army Corps of
Engineers, Los Angeles District, Regulatory Division, Ventura Field
Office, ATTN: CESPL-RG-N-2009-00226-SDM, 2151 Alessandro Drive, Suite
110, Ventura, California 93001, or spencer.d.macneil@usace.army.mil.
Comments or questions can also be sent to Ms. Lena Maun-DeSantis, Port
of Los Angeles, Environmental Management Division, 425 S. Palos Verdes
St., San Pedro, CA 90731, or LMaun-DeSantis@portla.org. Dr. Spencer D.
MacNeil can be reached at (805) 585-2152, and Ms. Lena Maun-DeSantis
can be reached at (310) 732-3950. Comment letters sent via electronic
mail should include the commenter's physical mailing address and the
project title ``Berths 302-306 [APL] Container Terminal Project''
should be included in the electronic mail's subject line.

SUPPLEMENTARY INFORMATION:
    1. Project Site and Background Information: The project site is
located on Terminal Island, within an industrial area in the Fish
Harbor region of the Port of Los Angeles. The site is within the Port
of Los Angeles Community Plan area in the City of Los Angeles, which is
adjacent to the communities of San Pedro and Wilmington, and
approximately 20 miles south of downtown Los Angeles. The site is
generally bounded on the north by Terminal Way; the Pier 300 Shallow
Water Habitat on the east; Earle Street on the west; and the Pier 300
Channel on the south. Land uses in the project vicinity include the
Terminal Island Treatment Plant and the vacant Los Angeles Export
Terminal (LAXT) facility.
    The basic purpose of the proposed project is improving marine
shipping and maritime trade, which is a water-dependent activity. The
overall goal and Clean Water Act project purpose is to optimize the
container-handling efficiency and capacity of the Port at Berths 302-
306, in order to accommodate projected increases in volume of
containerized goods shipped through the Port.
    To meet the overall project goal, the following objectives need to
be accomplished:
    • Optimize the use of existing land at Berths 302-306 and
associated waterways in a manner that is consistent with the LAHD's
public trust obligations;
    • Improve the container terminal at Berths 302-306 to more
efficiently work larger ships and to ensure the terminal's ability to
accommodate increased numbers and sizes of container ships;
    • Increase accommodations for container ship berthing, and
provide sufficient backland area and associated improvements for
optimized container terminal operations, at Berths 302-306;
    • Incorporate modern backland design efficiencies into
improvements to the existing vacant landfill area at Berths 305-306;
and
    • Improve the access into and out of the terminal, as well
as internal terminal circulation, at Berths 302-306 to reduce the time
for gate turns and to increase terminal efficiency.
    2. Proposed Action: The LAHD as project applicant proposes to
redevelop and expand an operating container terminal at Berths 302-306
on Terminal Island in the Port of Los Angeles. Eagle Marine Services
(EMS) currently operates the existing approximately 260-acre APL
container terminal at Berths 302-305 on Terminal Island under LAHD
Permit No. 733. In addition, EMS operates an additional approximately
30 acres of backlands at the terminal under a month-to-month space
assignment for a total of 290 overall acres. The proposed project would
improve the existing terminal, extend the existing concrete wharf by
1,250 lf to add a new berth (Berth 306), add new cranes to the Berths
302-305 and Berth 306, and expand the existing container terminal by
approximately 56 acres. As part of the proposed project, the current
duration of Permit No. 733 would remain unchanged (1998 to 2027), but
the permit would be amended to include the additional 56 acres.
    At completion of project construction and delivery, EMS would
operate approximately 316 acres under Permit No. 733, plus the 30 acres
that it operates under the current space assignment for a total of 346
acres. The project includes improving and adding to the terminal
approximately 41 acres of already constructed but unimproved fill
behind Berths 305-306. In addition, the project includes redeveloping
and adding to the terminal approximately 9 acres of existing land
behind Berth 301 (EMS would operate the backlands behind Berth 301 but
would not use the wharf at Berth 301 because it is not currently
configured for container operations; the redevelopment and use of this
upland area would occur independently of Berth 301), and 2 acres of
existing land at the northeast corner of the main gate. Finally, the
project includes adding approximately 4 acres of wharf deck to the
terminal as a result of constructing the 1,250 lf of new wharf at Berth 306.
    The proposed project consists of multiple components to expand the
existing APL container terminal by approximately 56 acres and to modify
various existing terminal elements. Proposed expansion-area components would:
    • Improve approximately 41 acres of already constructed but
unimproved fill as container terminal backland with electric rail
mounted gantry (RMG) crane rows at Berths 305-306;
    • Redevelop approximately 2 acres of the former LAXT
conveyor right of way and approximately 7 acres of former LAXT backland
behind Berth 301 into container terminal backland;
    • Develop approximately 2 acres of existing land northeast
of the current main gate for a new out-gate location;
    • Construct approximately 1,250 lf (4 acres) of concrete wharf at Berth 306;
    • Install up to 8 new cranes on the new wharf at Berth 306;
    • Install Alternative Marine Power (AMP) along the new wharf
at Berth 306; and
    • Dredge Berth 306, with the dredge material (approximately
20,000 cubic yards) going to an approved upland disposal site.
    Improvements to the existing terminal would:
    • Relocate and modify the main gate;
    • Modify the terminal entrance lanes;
    • Modify the Earle Street gate;
    • Install up to 4 additional, new cranes at Berths 302-305;
    • Install AMP along the existing wharf at Berths 302-305;
    • Expand the refrigerated container units (reefers) storage area;
    • Demolish and re-construct the Roadability facility;
    • Expand the Power Shop Building and construct second and
third floors for Marine Office Facilities;
    • Install utility infrastructure at various areas in the
backlands (relocate light poles and install power at a new ``Meet and
Greet'' booth at the backlands behind Berth 301, etc.); and
    • Perform dredging at Berths 302-305, with the dredge material
(approximately 55,000 cubic yards) going to an approved upland disposal site.
    Under the amended Permit No. 733 and the existing space assignment,
EMS would continue to operate the terminal as a container terminal. The
redevelopment and expansion would provide EMS with additional backlands
for container storage and terminal equipment, and would lengthen the

[[Page 32896]]

existing wharf to accommodate newer, larger-class vessels, which
together would allow increased ship calls and throughput. The wharf
extension, new cranes, and dredging would require a permit from the
Corps. The proposed project would also increase gate and on-dock rail
moves. The proposed project would increase throughput from
approximately 1.3 million Twenty-foot Equivalent Units (TEUs) in 2008
to approximately 3 million TEUs by 2027. By 2027, approximately 38
percent of the 3 million TEUs would travel to and from the terminal by
on-dock rail, 7 percent would travel to and from the terminal via truck
to near-dock rail yards, and the remaining cargo would travel by truck
to the local market (i.e., markets within an approximately 100-mile
radius from the Port of Los Angeles).
    Although dredge material is expected to be disposed of at an
approved upland site, there is the potential for disposal of some
dredged material at an established ocean disposal site, which would
require Corps authorization under section 103 of the MPRSA. A sampling
and analysis program would be implemented to approve any offshore
disposal of material.
    Through the EIS/EIR process, feasible environmental mitigation
measures will be developed to reduce potential environmental impacts.
Measures to reduce operational impacts would be implemented through
lease amendments and become permit requirements. Measures to reduce
construction impacts would be implemented through construction contract
specifications and requirements. Air Quality measures would be
consistent with or exceed the San Pedro Bays Clean Air Action Plan
(CAAP) and are likely to include AMP, low sulfur fuel, Vessel Speed
Reduction Program (VSRP) requirements for new vessel builds, and
terminal equipment standards.
    3. Issues: There are several potential environmental issues that
will be addressed in the Draft EIS/EIR. Additional issues may be
identified during the scoping process. Issues initially identified as
potentially significant include:
    1. Aesthetic and visual impacts from construction and operation;
    2. Air quality impacts from construction and operation of an
expanded container terminal, including ship and vehicle emissions, and
contributions to global warming and greenhouse gases;
    3. Biological impacts to marine and terrestrial wildlife;
    4. Geological issues, including dredging and stabilization of fill
areas in an area of known seismic activity;
    5. Hazards and hazardous materials related to existing and former
activities that have contaminated soil and groundwater in the Port, or
pose hazardous risks related to ongoing operations, and hazards and
risk of upset due to terrorism;
    6. Hydrology and water quality from disturbance of sediment,
operations, and runoff from development;
    7. Noise from construction, existing and future operations, and
increased traffic;
    8. Traffic and transportation, including ground transportation; and
    9. Cumulative impacts from past, present, and reasonably
foreseeable future projects.
    4. Alternatives: Several alternatives are being considered for the
proposed action. The Draft EIS/EIR will include a co-equal analysis of
the project alternatives considered. Alternatives being considered for
the proposed project include several reduced project alternatives; the
proposed project with an expanded on-dock rail yard; and a No Project/
No Federal Action Alternative that would not implement any of the
project elements. For this project, the No Federal Action Alternative
is the same as the No Project Alternative and will therefore be
referred to and analyzed as the No Project/No Federal Action
Alternative. These alternatives will be further formulated and
developed during the scoping process. Additional alternatives that may
be developed during scoping will also be considered in the Draft EIS/EIR.
    5. Scoping Process: The Corps and the LAHD will jointly conduct a
public scoping meeting for the proposed Berths 302-306 [APL] Container
Terminal Project Draft EIS/EIR to receive public comment and to assess
public concerns regarding the appropriate scope and preparation of the
Draft EIS/EIR. Participation in the public meeting by Federal, State,
and local agencies and other interested organizations and persons is
encouraged. This meeting will be conducted in both English and Spanish.
Members of the public who wish to communicate and listen entirely in
Spanish are encouraged to attend this meeting. The meeting will be held
on August 5, 2009 at 6:00 PM (PST) at the Board Room in the Harbor
Administration Building at 425 South Palos Verdes Street, San Pedro, CA
90731. Written comment letters will be accepted until August 24, 2009.
    The Corps also anticipates consulting with the U.S. Fish and
Wildlife Service under the Endangered Species Act, and with the
National Marine Fisheries Service under the Magnuson-Stevens Fishery
Conservation and Management Act. Additionally, the EIS/EIR will assess
the consistency of the proposed action with the Coastal Zone Management
Act and potential water quality impacts pursuant to Section 401 of the
Clean Water Act.
    6. Availability of the Draft EIS: The Draft EIS/EIR is expected to
be published and circulated in mid-2010, and a public meeting will be
held after its publication.

    Dated: June 30, 2009.
David J. Castanon,
Chief, Regulatory Division, Corps of Engineers.
[FR Doc. E9-16231 Filed 7-8-09; 8:45 am]
BILLING CODE 3710-KF-P

 
 

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