[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Pages 61262-61264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21066]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Intent To Prepare a Joint Supplemental Environmental Impact 
Statement/Supplemental Environmental Impact Report for the Port of Los 
Angeles Channel Deepening Project for Navigation Improvement Additional 
Disposal Capacity; Los Angeles County, CA

AGENCY: Department of the Army; U.S. Corps of Engineers, DOD.

ACTION: Notice of intent.

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SUMMARY: The U.S. Army Corps of Engineers (USACE) published in the 
Federal Register dated November 4, 2004 (69 FR 64280) a Notice of 
Intent (NOI) to initiate preparation of a Supplemental Environmental 
Impact Statement/Supplemental Environmental Impact Report (SEIS/SEIR) 
for additional disposal capacity needed to complete the Port of Los 
Angeles Channel Deepening Project for Navigation Improvement (Channel 
Deepening Project), Los Angeles Harbor, Los Angeles, California. 
Subsequent to the publishing of the NOI, several changes and additional 
considerations led to the publication of this Supplemental Notice of 
Intent (SNOI). The major changes and considerations include the 
designation of beneficial reuse of dredged material within the Port of 
Los Angeles as a project purpose, and consideration of reasonably 
foreseeable uses to disposal sites. This public notice also serves as 
the NOI to issue any Regulatory and other permits as may be required to 
implement the proposed project. The SEIS/SEIR will consider the 
potential impacts of the reasonably foreseeable use of proposed 
disposal sites for future port development. The assessment will entail 
the use of generalized assumptions in lieu of project-specific 
conditions that are not available at this time or within the scope of 
the Channel Deepening Project. It is emphasized that a Record of 
Decision (ROD) approving this SEIS/SEIR or approval of any landfill 
disposal option will not authorize any future development at landfill 
disposal sites. Future State and Federal environmental documents and 
permits may be required prior to any development of land created as a 
result of this project.
    USACE began construction in October 2002 and is currently using 
disposal areas previously approved as part of the Channel Deepening 
Project. The Channel Deepening Project will improve the efficient use 
of Los Angeles Harbor by deepening the Inner Harbor Channels to 
accommodate the most modern vessels in the commercial container fleet. 
The current project also includes approved disposal areas that allow 
for the beneficial use of dredge material for environmental enhancement 
and potential port development. It has been determined that for reasons 
related to construction of the currently approved disposal facilities, 
project and contract modifications, and dredging and disposal 
operations, additional disposal capacity of approximately 4 million 
cubic yards (mcy) is needed to complete the Channel Deepening Project. 
Details regarding the genesis of the volume of material will be 
provided in the SEIS/SEIR. Disposal options identified to date that 
will be analyzed in the SEIS/SEIR include creation of new land that 
could be used for future port development, several environmental 
enhancement options, removal and capping of contaminated sediments at 
the Consolidated Slip, disposal at the existing Pier 400 Submerged 
Material Storage Site, and ocean disposal. Other options resulting from 
public and agency participation and resulting from further analyses 
will also be considered in the preparation and documentation of the 
SEIS/SEIR.

DATES: Submit comments on or before November 21, 2005.

ADDRESSES: U.S. Army Corps of Engineers, Los Angeles District, CESPL-
PD-RN, Attn: Joy Jaiswal, P.O. Box 532711, Los Angeles, CA 90053-2325.

FOR FURTHER INFORMATION CONTACT: Ms. Joy Jaiswal, Chief, Ecosystem 
Planning Section, phone (213) 452-3851; or E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:
    The initial NOI to solicit public comment and concerns on the 
proposed action and alternatives was issued in the Federal Register on 
November 4, 2004. A formal scoping meeting was held on November 30, 
2004, at 6 p.m. at which the proposed action and alternatives were 
presented and information was exchanged with meeting attendees. 
Comments received on the November 2004 NOI and at the Public Scoping 
Meeting will be incorporated in the SEIS/SEIR. A scoping meeting will 
not be conducted for this Supplemental Notice of Intent. However, 
comments received within 30 days from the publication of this SNOI 
(October 21, 2005) in the Federal Register will be incorporated in the 
proposed SEIS/SEIR.

1. Authorization

    The Port of Los Angeles Channel Deepening Project was authorized 
for construction by the Water Resources Development Act of 2000. 
Construction began in October 2002 and is currently continuing using 
previously approved disposal areas.

2. Background

    The City of Los Angeles Harbor Department (LAHD) administers the 
Port of Los Angeles. The Port comprises 45 kilometers (28 mines) of 
waterfront and 3,035 hectares (7,500 acres) of land and water. LAHD 
administers automobile, container, omni, lumber, cruise ship, liquid 
and dry bulk

[[Page 61263]]

terminals, and commercial fishing facilities. For recreational 
activities the Port of Los Angeles provides slips for 5,000 pleasure 
craft, sport fishing boats, and charter vessels. Community facilities 
include a water front youth center, a boat launch ramp, and a public 
swimming beach. Educational facilities include the Cabrillo Marine 
Aquarium and the Los Angeles Maritime Museum.
    The SEIS/SEIR will access environmental impacts associated with 
providing additional disposal capacity of approximately 4 mcy required 
to complete the previously approved Channel Deepening Project, 
including project and contract modifications. Additional disposal 
capacity is required to complete the deepening of the navigation 
channel and berthing areas to -53 feet Mean Lower Low Water (MLLW) at 
container terminals along the deepened channel and the removal of 
dredge material that was temporarily used as surcharge at the Southwest 
Slip. This project meets a public need for safe and efficient 
commercial navigation.
    a. Project Purpose and Need: The purposes of the proposed action 
are to:
     Provide additional dredged material disposal capacity of 
approximately 4 mcy to complete the Channel Deepening Project, as a 
result of material generated from project and contract modifications; 
and
     Maximize beneficial use of dredged material by 
constructing additional lands for eventual terminal use and to provide 
environmental enhancements at various locations in the Port of Los 
Angeles.
    The need for the proposed project is because disposal sites 
developed for the Channel Deepening Project and project and contract 
modifications are inadequate to provide disposal capacity for all of 
the dredged material that requires removal. Preserving the use of 
dredged materials to construct additional terminal capacity in the 
future at various locations would be considered to be a beneficial use 
of dredged materials and another purpose for the project.
    b. Project Site: The project size is located at the southern end of 
the City of Los Angeles and includes portions of the Los Angeles Inner 
and Outer Harbors, San Pedro Bay.
    c. Proposed Action: Proposed disposal options and additional work 
being considered for completion of the previously approved Channel 
Deepening Project as modified include: (1) Adding up to 40 acres of 
land adjacent to the existing Pier 300 expansion site; (2) creating 
approximately 20 acres of eelgrass habitat in Seaplane Lagoon or 
Seaplane Anchorage; (3) expanding of the Cabrillo Shallow Water Habitat 
by approximately 35 acres; (4) creating of up to 15-acres of land 
within or adjacent to the existing Cabrillo Shallow Water Habitat for 
use as a migratory bird nesting area; (5) using dredge material to cap 
contaminated sediments within the Consolidated Slip (approximately 20 
acres and may include removal of some contaminated sediments prior to 
capping); (6) disposing dredged material in the Pier 400 Submerged 
Material Storage Site (approximately 120 acres) thereby reducing the 
water depth from -15 feet MLLW up to -10 feet MLLW; (7) filling two 
existing slips (approximately 8 acres) at Berths 243-245 by creating a 
confined disposal facility for contaminated material; (8) filling up to 
5 acres of the North West Slip located in the West Basin between Berths 
129-136; and/or (9) ocean disposal at LA-2 or LA-3. Prior to 
implementing option 5 above, the USACE and Port would need to 
coordinate with and receive approval from the U.S. Environmental 
Protection Agency (EPA). If EPA approval is not granted or received in 
the time necessary, the remaining material will be disposed of at LA-2 
or LA-3 or any other options identified above. Prior to dredging and 
disposal of any contaminated sediments, a Contaminated Sediment 
Management Plan will be prepared to address disposal site design and 
contaminated sediment management requirements. The Contaminated 
Sediment Management Plan would be coordinated with EPA and other 
appropriate agencies. Dredging in areas containing contaminated 
materials would not occur until consultation is completed.
    The SEIS/SEIR will assess potential impacts from reasonably 
foreseeable uses of the proposed landfills for consideration in 
selecting the project for additional disposal capacity to complete the 
Channel Deepening Project. The assessment will entail the use of 
generalized assumptions in lieu of project-specific conditions that are 
not available at this time or within the scope of the Channel Deepening 
Project. It is emphasized that a ROD approving this SEIS/SEIR or 
approval of any landfill disposal option discussed in it will not 
authorize any future development at landfill disposal sites. Future 
State and Federal environmental documents and permits may be required 
prior to any development of land created as a result of this project.

3. Alternatives

    a. Five alternatives including the ``no action plan'' are currently 
being considered. Each of the four design alternatives consists of a 
combination of separate disposal sites and a range of port development 
purposes for the dredged materials that still require disposal. The 
proposed plan, viable project alternatives, and the ``no action'' plan 
will be carried forward for detailed analysis pursuant to the National 
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321, as amended), 
the California Environmental Quality Act (CEQA) of 1970 (Public 
Resources Code, Sections 21000-21177), and applicable environmental 
laws and regulations. Incorporated within each of the four design 
alternatives below are the following: (1) Prior to placement of 
material in the Consolidated Slip, the USACE and Port would need to 
coordinate with and receive approval from the EPA. If EPA approval is 
not granted or received in the time necessary, the remaining material 
will be disposed of at LA-2 or LA-3 or any other options identified 
above; and (2) prior to placing material at Berths 243-245, the USACE 
and Port would need to consult with the EPA, and dredging in areas 
containing contaminated materials would not occur until consultation is 
completed.
    b. Alternatives initially being considered for the proposed project 
include the following:

Alternative 1--Port Development

    Disposal at Pier 300 Expansion (40 acres), Berth 243-245 (8 acres), 
Consolidated Slip Cap (20 acres), North West Slip (5 acres), Eelgrass 
Restoration (20 acres), Cabrillo Shallow Water Habitat Expansion (35 
acres), Ocean Disposal at LA-2 or LA-3 (remaining material).

Alternative 2--Limited Port Development

    Disposal at Pier 300 Expansion (28 acres), Berth 243-245 (8 acres), 
Consolidated Slip Cap (20 acres), North West Slip (5 acres), Eelgrass 
Restoration (20 acres), Cabrillo Shallow Water Habitat Expansion (35 
acres), Cabrillo Shallow Water Habitat Island (15 acres), Ocean 
Disposal at LA-2 or LA-3 (remaining material).

Alternative 3--Minimal Port Development

    Disposal at Berth 243-245 (8 acres), Consolidated Slip Cap (20 
acres), Cabrillo Shallow Water Habitat Expansion (35 acres), Cabrillo 
Shallow Water Habitat Island (15 acres), Pier 400 Submerged Material 
Storage Site (120 acres raised from -15' to -10' MLLW), Ocean Disposal 
at LA-2 or LA-3 (remaining material).

[[Page 61264]]

Alternative 4--Ocean Disposal/Minimal Port Development

    Disposal at Berth 243-245 (8 acres), Consolidated Slip Cap (20 
acres), Cabrillo Shallow Water Habitat Expansion (35 acres) and/or 
Cabrillo Shallow Water Habitat Island (15 acres); Ocean Disposal at LA-
2 or LA-3 (remaining material).

Alternative 5--No Action

    Complete the current project to the extent possible utilizing the 
disposal capacity and sites previously authorized.

4. Scoping Process

    a. Potential impacts associated with the proposed action will be 
fully evaluated. Resource categories that will be analyzed are: 
Biology, air quality, hydrology/water quality, cultural resources, land 
use, geology, recreational, aesthetics, ground and vessel 
transportation, noise, public health and safety, utilities, 
socioeconomics (environmental justice), and cumulative impacts.
    The USACE and the Port of Los Angeles (POLA) are preparing a joint 
SEIS/SEIR to address potential impacts associated with the proposed 
project. The USACE is the Lead Federal Agency for compliance with NEPA 
for the project, and the POLA is the Lead State Agency for compliance 
with CEQA for the non-Federal aspects of the project.
    b. Participation of affected Federal, State, and local resources 
agencies, and concerned interest groups/individuals are encouraged in 
the scoping process. Public participation will be especially important 
in the environmental analysis by providing assistance in defining the 
scope of analysis in the SEIS/SEIR; identifying significant 
environmental issues and impact analysis in the SEIS/SEIR; and 
providing useful information such as published and unpublished data, 
personal knowledge of relevant issues, and recommending mitigation 
measures associated with the proposed action. Those wishing to provide 
information or data relevant to the environmental or social impacts 
that should be included or considered in the environmental analysis can 
furnish this information by writing to the point of contact indicated 
above.
    c. The Draft SEIS/SEIR (DSEIS/SEIR) document will incorporate 
public concerns in the analysis of impacts associated with the Proposed 
Action and associated project alternatives. The DSEIS/SEIR will be sent 
out for a 45-day public review period, during which time both written 
and verbal comments will be solicited on the adequacy of the document. 
The Final SEIS/SEIR (FSEIS/SEIR) will address the comments received on 
the DSEIS/SEIR. In compliance with NEPA, the FSEIS will be sent out for 
a 30-day public review period. Copies of the FSEIS/SEIR will be 
furnished to all who commented on the DSEIS/SEIR, and to anyone that 
requests a copy. The final step involves, for the federal SEIS, 
preparing a ROD and, for the state SEIR, certifying the SEIR and 
adopting a Mitigation Monitoring and Reporting Plan. The ROD is a 
concise summary of the decisions made by the USACE from among the 
alternatives presented in the FSEIS/SEIR. A certified SEIR indicates 
that the environmental document adequately assesses the environmental 
impacts of the proposed projects with respects to CEQA. Any required 
permit would be issued concurrently or soon after the issuance of the 
ROD.

    Dated: October 7, 2005.
Alex C. Dornstauder,
Colonel, U.S. Army, District Engineer.
[FR Doc. 05-21066 Filed 10-20-05; 8:45 am]
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