Engineers Corps April 2006 – Federal Register Recent Federal Regulation Documents

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the California Environmental Quality Act (CEQA), and Public Law 102-484 section 2834, as amended by Public Law 104-106 section 2867, the Department of the Army and the San Francisquito Creek Joint Powers Authority (SFCJPA) hereby give notice of intent to prepare a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the San Francisquito Creek Project in San Mateo and Santa Clara Counties, CA to consider opportunities to reduce both fluvial and tidal flooding, to reduce the threat to public safety due to flooding and to restore ecosystem quality and function, where possible. The U.S. Army Corps of Engineers (Corps) is the lead agency for this project under NEPA. The SFCJPA is the lead agency for this project under CEQA. A public scoping meeting will be held to solicit comments on the environmental scope of the project and the appropriate scope of the joint EIS/EIR.

The U.S. Army Corps of Engineers (Corps) Los Angeles District in conjunction with the Los Angeles Harbor Department (Port) is examining the feasibility of waterside, terminal and transportation improvements at Berths 136-147 in the Port of Los Angeles. The Corps is considering the Port's application for a Department of the Army permit under Clean Water Act section 404 and River and Harbor Act section 10 to conduct dredge and fill activities and construct one new wharf approximately 705 feet and seismically upgrade two wharves approximately 3,022 feet in length associated with the proposed project. Major project elements to be covered in the Draft EIS/EIR include: wharf construction and landside improvements. The landside developments will include expansion, redevelopment and construction of marine terminal facilities, and transportation infrastructure improvements including construction of grade separations, and potential realignment of road and railways. The primary Federal involvement is the discharge of dredge and/or fill materials within waters of the United States, work (e.g. dredging) and structures in or affecting navigable waters of the United States, and potential impacts on the human environment from such 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 rendering a final decision on the Port's permit application. 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 will serve as Lead Agency for the Preparation of an Environmental Impact Report (EIR). The Corps and the Port have agreed to jointly prepare a Draft EIS/EIR for the improvements at Berth 136-147 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.