Engineers Corps December 27, 2005 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (Corps) is considering an application for Section 404 and Section 10 permits to conduct dredge and fill activities to redevelop and consolidate two existing container terminals for the construction of a 342-acre marine terminal including redevelopment of 294 acres of existing land and the placement of dredged material in open water to create 48 acres of new land. The primary reason for the revised notice of intent is because the proposed terminal expansion project has been modified to utilize additional existing land to reduce the amount of fill in open water by approximately 20 acres. The primary Federal concern is the dredging and discharging of materials within waters of the Unites States and potential significant impacts to the human environment. 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 Port of Long Beach 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 of Long Beach have agreed to jointly prepare a Draft EIS/EIR in order to optimize efficiency and avoid duplication. The Draft EIS/EIR is intended to be sufficient in scope to address both the Federal and the State and local requirements and environmental issues concerning the proposed activities and permit approvals.