[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Notices]
[Pages 32894-32896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16231]


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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 [email protected]. 
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 [email protected]. 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