Army Department January 26, 2007 – Federal Register Recent Federal Regulation Documents

The Port of Long Beach (Port) is proposing to develop the Pier S Marine Terminal and Back Channel Navigational Safety Improvements Project (Proposed Action). The development of Pier S and Back Channel improvements would result in an approximately 160-acre marine container terminal, and would include the following elements: property acquisition; dredging, wharf construction, other waterside improvements, and container cranes; container yard and associated structures; terminal buildings and other structures; truck gates, associated structures, and roadwork; intermodal rail yard, structures, and dual rail lead; and utility and oil facility relocation. The primary Federal concern is the dredging and discharging of materials within waters of the U.S. and potential impacts on the human environment. Under Section 404 of the Clean Water Act, the Corps is authorized to approve discharges of dredged or fill material into waters of the U.S. Under Section 10 of the Rivers and Harbors Act, the Corps may authorize activities that could affect navigable waters. Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA) as implemented by the Council on Environmental Quality (CEQ), 40 CFR 1500-1508, the Corps is preparing an Environmental Impact Statement (EIS) to evaluate the potential effects of the Proposed Action on the environment. The Corps may ultimately make a determination to permit or deny the Proposed Action, or permit or deny alternatives to the Proposed Action. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as Lead Agency for the preparation of an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port have agreed to jointly prepare a DEIS/DEIR in order to optimize efficiency and avoid duplication. The DEIS/DEIR is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals.