Home

Los Angeles District

Run scraper

Application to reissue Regional General Permit No. 65 for in-kind replacement

Basic information

Fill out these two fields at minimum.

— or —

How Big?

Where?

Links to source documents

Raw text

You can copy from here when filling out the rest of the page.

Application to reissue Regional General Permit No. 65 for in-kind replacement, repairs, and maintenance in the Los Angeles Harbor - Port of Los Angeles.

PUBLIC NOTICE _________________________________________________________________________________________

U.S. ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT

BUILDING STRONG®

APPLICATION to REISSUE REGIONAL GENERAL PERMIT (RGP) NO. 65

Public Notice/Application No.: SPL-2009-00746-TS Project: Reauthorization of RGP No. 65 Comment Period: November 20, 2017 through December 20, 2017 Project Manager: Theresa Stevens, Ph.D.; (805) 585-2146; theresa.stevens@usace.army.mil Applicant David Walsh Port of Los Angeles, Engineering Division 425 South Palos Verdes Street P.O. Box 151 San Pedro, California 90733-0151

Contact Lily Becaria Port of Los Angeles, Engineering Division 425 South Palos Verdes Street P.O. Box 151 San Pedro, California 90733-0151

Location Los Angeles Harbor/Port of Los Angeles in the city and county of Los Angeles, CA (approx.: latitude 33.75611, longitude -118.27361). Activity To reauthorize RGP No. 65. Activities conducted under RGP 65 would include routine wharf and pile maintenance work (in-kind replacement, repairs, and maintenance) in the Los Angeles Harbor/Port of Los Angeles similar to the maintenance activities that have occurred under the two prior versions of RGP 65. With the proposed reauthorization, the applicant has also proposed to repair damage to existing seawalls, bulkheads, and restore rock revetment and/or rock dikes to original slopes by placing rock within the existing fill footprint. As with all RGPs, the reauthorization would be for 5 years. For more information see Additional Project Information section below and attached drawings.

Interested parties are hereby notified an application has been received for a Department of the Army permit for the activity described herein and shown on the attached drawings. We invite you to review today's public notice and provide views on the proposed work. By providing substantive, sitespecific comments to the Corps Regulatory Division, you provide information that supports the Corps' decision-making process. All comments received during the comment period become part of the record and will be considered in the decision. This permit will be issued, issued with special conditions, or denied under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.

Comments should be mailed to: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION ATTN: Theresa Stevens, Ph.D. 2151 Alessandro Drive, Suite 110 Ventura, CA 93001 Alternatively, comments can be sent electronically to: theresa.stevens@usace.army.mil The mission of the U.S. Army Corps of Engineers Regulatory Program is to protect the Nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands. The Regulatory Program in the Los Angeles District is executed to protect aquatic resources by developing and implementing short- and long-term initiatives to improve regulatory products, processes, program transparency, and customer feedback considering current staffing levels and historical funding trends. Corps permits are necessary for any work, including construction and dredging, in the Nation's navigable water and their tributary waters. The Corps balances the reasonably foreseeable benefits and detriments of proposed projects, and makes permit decisions that recognize the essential values of the Nation's aquatic ecosystems to the general public, as well as the property rights of private citizens who want to use their land. The Corps strives to make its permit decisions in a timely manner that minimizes impacts to the regulated public. During the permit process, the Corps considers the views of other Federal, state and local agencies, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States. The permit review process serves to first avoid and then minimize adverse effects of projects on aquatic resources to the maximum practicable extent. Any remaining unavoidable adverse impacts to the aquatic environment are offset by compensatory mitigation requirements, which may include restoration, enhancement, establishment, and/or preservation of aquatic ecosystem system functions and services. Evaluation Factors The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof. Factors that will be considered include conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFR Part 230) as required by Section 404 (b)(1) of the Clean Water Act. 2

The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

Preliminary Review of Selected Factors EIS Determination- A preliminary determination has been made an environmental impact statement is not required for the proposed work. Water Quality- The Los Angeles Regional Water Quality Control Board issued a Clean Water Act section 401 water quality certification for the previously issued RGP 65 (RWQCB File no. 10-036, dated July 29, 2013). It is the Corps understanding that this certification is valid until July 29, 2018. In light of the updated project description to include seawall, and revetment and rock dike repairs that are subject to the provisions of Section 404 of the Clean Water Act, the applicant is required to obtain water quality certification from the Los Angeles Regional Water Quality Control Board for the proposed RGP. Section 401 requires any applicant for a Department of the Army permit to provide proof of water quality certification to the Corps of Engineers prior to initiation of work in waters of the United States. Coastal Zone Management- For those projects in or affecting the coastal zone, the Federal Coastal Zone Management Act (CZMA) requires that prior to issuing the Corps authorization for the project, the applicant must obtain concurrence from the California Coastal Commission the project is consistent with the State's Coastal Zone Management Plan. Essential Fish Habitat- The Corps of Engineers preliminary determination indicates the proposed activity would not adversely affect EFH or federally managed species identified in the Pacific Groundfish or Coastal Pelagic Fishery Management Plans. Further, special conditions developed in coordination with NOAA Fisheries during previous RGP 65 permit evaluations will be carried forward and address potential impacts on EFH and managed species that may result from noise or other disturbances that occur during maintenance activities. Therefore, formal consultation under Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) is not required at this time. Cultural Resources- The latest version of the National Register of Historic Places has been consulted. While some of the wharves are more than 50 years old, the components that would be replaced have low integrity (i.e., dilapidated, failing, or not functional) and would be repaired or replaced in-kind; therefore, no potential effect on historic properties is anticipated. The 2013 RGP and the proposed RGP would include a special condition requiring the applicant to notify the Corps if repair or replacement is proposed to a wharf that is more than 50 years old, unless the portion of that wharf proposed for repair or replacement has been replaced within the previous 50 years. This way, the Corps can determine whether National Historic Preservation Act section 106 consultation is warranted for proposed activity at older wharves involving repair or replacement of older (at least 50 years old) wharf components, prior to authorizing the activity. During the prior RGP review process, 3

the Corps' Senior Archaeologist in 2013 agreed that this special condition would insure listed or eligible historic properties would be adequately protected or addressed in a project-specific consultation. This review constitutes the extent of cultural resources investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Endangered Species- The Corps preliminary determination indicates the proposed activity would not affect the federally-listed endangered California least tern (Sterna antillarum browni), or its designated critical habitat. Therefore, formal consultation under Section 7 of the Endangered Species Act does not appear to be required at this time. Public Hearing- Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Proposed Activity for Which a Permit is Required Basic Project Purpose- The basic project purpose comprises the fundamental, essential, or irreducible purpose of the proposed project, and is used by the Corps to determine whether the applicant's project is water dependent (i.e., requires access or proximity to or siting within the special aquatic site to fulfill its basic purpose). Establishment of the basic project purpose is necessary only when the proposed activity would discharge dredged or fill material into a special aquatic site (e.g., wetlands, pool and riffle complex, mudflats, coral reefs). Because no fills are proposed within special aquatic sites, identification of the basic project purpose is not necessary. Overall Project Purpose- The overall project purpose serves as the basis for the Corps' 404(b)(1) alternatives analysis and is determined by further defining the basic project purpose in a manner that more specifically describes the applicant's goals for the project, and which allows a reasonable range of alternatives to be analyzed. The overall project purpose is to maintain existing structures (decking, joists, pile caps, marginal beams, fender piles, bearing piles, bullrails, and other wharf structural components, seawalls), and repair rock revetment and rock dikes within the Los Angeles Harbor/Port of Los Angeles to existing/approved designs. Additional Project Information Baseline informationThe Port of Los Angeles has over 80,000 linear feet of timber and concrete wharves in service. Structures within the Port require frequent maintenance because they may become damaged at any time by routine port operations. Damaged structures adversely affect Port operations and may present safety hazards for Port staff, Port tenants, safety personnel, and the public. Associated with the majority of aforementioned structures are rock revetment and/or rock dikes. The rock occasionally sloughs as a result of storm surge or propeller wash, or the rock fill may break down and erode. Revetment and/or rock dikes would be repaired with similar materials to insure the integrity of the fill slope. Project descriptionThe applicant proposes to conduct routine structural and revetment/rock dike maintenance and repairs. To this end, the applicant proposes in-kind replacement of deteriorated decking, joists, pile caps, fender piles, front marginal beams, rear marginal beams, pile wraps, bull rails, bearing piles made of concrete, timber or steel, seawalls, and all other structural members that would require replacement due to age or damage. The applicant would install new or replacement piles using a vibratory hydraulic hammer device. Also, damaged seawalls and eroded revetment or rock dikes would be restored to their original design.

4

Similar to the existing RGP, the applicant would report annually to the Corps with a description of all routine maintenance activities completed under the RGP. Special conditions would be carried forward from the existing RGP (for example to address treatment of historic properties, see above) and if applicable, would result in additional project review and may require additional resource agency coordination prior to project implementation. The applicant does not propose dredging or dredged material disposal under this RGP. The applicant does not proposed use of a hydro-jet to install or remove piles. Proposed Mitigation­ The proposed mitigation may change as a result of comments received in response to this public notice, the applicant's response to those comments, and/or the need for the project to comply with the 404(b)(1) Guidelines. In consideration of the above, the proposed mitigation sequence (avoidance/minimization/compensation), as applied to the proposed project is summarized below: Avoidance: Total avoidance of waters of the United States would not occur because the structures, revetments and rock dikes were constructed in the water. Minimization: The applicant would minimize impacts to waters of the United States by limiting maintenance activities to structures and fills that are damaged or require maintenance to insure structural integrity. Compensation: The applicant has not proposed compensatory mitigation for the proposed maintenance activities. Compensatory mitigation may be developed by the Corps in response to comments on this public notice by agencies and the public. Proposed Special Conditions Special Conditions would be developed by the Corps in response to comments on this public notice by resources agencies and the public.

For additional information please call Theresa Stevens, Ph.D., of my staff at (805) 585-2146 or via e-mail at theresa.stevens@usace.army.mil. This public notice is issued by the Chief, Regulatory Division.

Regulatory Program Goals: · To provide strong protection of the nation's aquatic environment, including wetlands. · To ensure the Corps provides the regulated public with fair and reasonable decisions. · To enhance the efficiency of the Corps' administration of its regulatory program. __________________________________________________________ DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 2151 ALESSANDRO DRIVE, SUITE 110 VENTURA, CA 93001

WWW.SPL.USACE.ARMY.MIL/MISSIONS/REGULATORY 5

Rough impact

We use the fields in this section to decide whether to conduct an in-depth review.

Permit Manager

Dates

Identity numbers

Permits, certifications, and locations related to this particular notice

History of edits

Data are available as CSV download in the following schemas