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[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Pages 58531-58532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23301]

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DEPARTMENT OF DEFENSE

Department of the Army; United States Corps of Engineers

Notice of Intent To Prepare a Joint Environmental Impact 
Statement (EIS) for the Gateway Pacific Terminals Bulk Dry Goods 
Shipping Facility and the Custer Spur Rail Expansion Projects

AGENCY: Department of the Army (DA), U.S. Army Corps of Engineers 
(Corps), DoD.

ACTION: Notice of intent.

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SUMMARY: The Corps, Seattle District, received permit applications for 
Pacific International Terminal, Inc.'s Gateway Pacific Terminal (GPT) 
and Burlington Northern Santa Fe (BNSF) Railway's Custer Spur Rail 
Expansion projects. DA permits are required for both projects pursuant 
to either Section 10 of the Rivers and Harbors Act of 1899 (33 United 
States Code (U.S.C.) 403) and/or Section 404 of the Clean Water Act (33 
U.S.C. 1344). The Corps has determined the proposed projects are 
interrelated and may have significant individual and/or cumulative 
impacts on the human environment. An EIS will be prepared in accordance 
with the National Environmental Policy Act (NEPA) of 1969, as amended, 
42 U.S.C. 4232(2)(c), and the Washington State Environmental Policy Act 
(SEPA). Preparation of the EIS will support the Corps' eventual 
decision to either issue, issue with modification or deny DA permits 
for the proposed actions. The EIS will assess the potential social, 
economic, and environmental impacts of the projects and is intended to 
be sufficient in scope to address Federal, State, and local 
requirements, environmental and socio-economic issues concerning the 
proposed action, and permit reviews. The EIS process begins with the 
publication of this Notice of Intent. The EIS will be prepared 
according to the Corps' procedures for implementing NEPA, 33 Code of 
Federal Regulations (CFR), Part 325, Appendix B, 53 Federal Regulations 
3120 (February 3, 1988), and consistent with the Corps' policy to 
facilitate public understanding and review of agency proposals.

DATES: The scoping period will start on September 24, 2012. Written 
comments regarding the scope of the EIS--including the environmental 
analysis, range of alternatives, and potential mitigation actions--
should be received at the address below or submitted by email to: 
comments@eisgatewaypacificwa.gov by January 21, 2013.

ADDRESSES: Written comments concerning the project and requests to be 
included on the EIS notification mailing list should be submitted to: 
Mr. Randel Perry, U.S. Army Corps of Engineers, Seattle District, Care 
of: GPT/BNSF Custer Spur EIS Co-Lead Agencies, 1100 112th Avenue 
Northeast, Suite 400, Bellevue, Washington 98004.

FOR FURTHER INFORMATION CONTACT: Mr. Randel Perry via email at: 
randel.j.perry@usace.army.mil, by regular mail at (see ADDRESSES), or 
at (360) 734-3156.

SUPPLEMENTARY INFORMATION:
    1. Proposed Action. The construction of a new pier in marine waters 
and associated rail and cargo handling facilities in adjacent wetlands 
and uplands and the expansion of an existing rail spur line into 
wetlands and across streams. The Corps is preparing an EIS to analyze 
the potential social, economic, and environmental impacts associated 
with authorizing the actions.
    2. Project Description. The project sites are located in Whatcom 
County, Washington, northwest of Ferndale and south of Birch Bay in an 
area called Cherry Point.
    Pacific International Terminals, Inc., is proposing the GPT project 
to be developed on approximately 350 acres and would include a three-
berth, deep-water wharf. The proposed wharf would be 3,000 feet long 
and 105 feet wide, with access to suitably deep water provided by an 
approximately 1,100 foot-long by 50 foot-wide trestle. Upland 
facilities will include open air and covered commodity storage, each 
serviced by an on-site rail loop. A system of conveyors would connect 
the commodity storage areas to the trestle and wharf. The upland 
facilities would also contain rail unloading facilities, roadways, 
service buildings, storm water treatment facilities, and utility 
infrastructure. Development of these facilities will result in impacts 
to approximately 145 acres of wetlands and numerous drainage features 
(ditches). Mitigation for proposed unavoidable impacts to waters of the 
U.S. will be required to comply with the Corps' 2008 mitigation rule 
(33 CFR 322.1). Commodities would be delivered to the GPT by rail via 
the existing BNSF Railway's Custer Spur line from the Bellingham 
subdivision main line. BNSF Railway is proposing to upgrade its 
existing Custer Spur line with additional tracks and sidings, which 
will impact approximately 17 acres of wetlands and involve 
modifications to two creek crossings and several ditches. Mitigation 
for proposed unavoidable impacts to waters of the U.S. will be

[[Page 58532]]

required to comply with applicable Corps requirements.
    3. Alternatives. The EIS will address an array of alternatives for 
providing facilities suitable for the shipping and receiving of dry 
bulk goods (grains, ore, coal, etc.) and for handling rail traffic to 
the new facility. Alternatives analyzed during the investigation may 
include but are not limited to no-action, alternative sites, 
alternative methods for shipping and handling bulk goods, alternative 
facility designs, and alternatives for the railroad spur upgrades. 
Mitigation measures may include but are not limited to avoidance of 
sensitive areas, creation or enhancement of marine macroalgae beds, and 
creation, restoration, or enhancement of wetlands.
    4. Scoping Process. The scoping period will continue for 120 days 
after publication of this Notice of Intent and will close on January 
21, 2013. During the scoping period, the Corps invites Federal 
agencies, State and local governments, Native American Tribes, and the 
public to participate in the scoping process either by providing 
written comments or by attending the public scoping meetings scheduled 
at the time and location indicated below. Written comments will be 
considered in the preparation of the Draft EIS. Comments postmarked or 
received by email after the specified date will be considered to the 
extent feasible.
    The purpose of scoping is to assist the Corps in defining issues, 
public concerns, and alternatives and the depth to which they will be 
evaluated in the EIS. The Corps has prepared project information 
documents to familiarize agencies, Tribes, the public, and interested 
organizations with the proposed projects and potential environmental 
issues. Copies of the documents will be available at the public meeting 
and at the Web site www.eisgatewaypacificwa.gov or can be requested by 
contacting the Corps, Seattle District, as described above. Corps' 
representatives will answer scope-related questions and accept comments 
at public scoping meetings.
    a. Public scoping meetings will be held to present an overview of 
the GPT and Custer Spur projects and to afford all parties an 
opportunity to provide comments regarding the range of actions, 
alternatives, and potential impacts. The public scoping meetings will 
be held as follows:

At Squalicum High School, 3773 East McLeod Road, Bellingham, Washington 
98226-7728 on Saturday, October 27, 2012, from 11 a.m. to 3 p.m.
At Friday Harbor High School, 45 Blair Avenue, Friday Harbor, 
Washington 98250 on Saturday, November 3, 2012, from 12 a.m. to 3 p.m.
At McIntyre Hall, 2501 East College Way, Mount Vernon, Washington 98273 
on Monday, November 5, 2012, from 4 p.m. to 7 p.m.
At North Seattle Community College, 9600 College Way North, Seattle, 
Washington 98103 on Tuesday, November 13, 2012, from 4 p.m. to 7 p.m.
At Ferndale Events Center, 5715 Barrett Road, Ferndale, Washington 
98248 on Thursday, November 29, 2012, from 3 p.m. to 7 p.m.
At Spokane County Fairgrounds, 404 North Havana Street, Spokane Valley, 
Washington 99202 on Tuesday, December 4, 2012, from 4 p.m. to 7 p.m.
At Clark College, Graiser Student Center, 1933 Fort Vancouver Way, 
Vancouver, Washington 98663 on Wednesday, December 12, 2012, from 4 
p.m. to 7 p.m.

    During the scoping period, a continuous ``on-line scoping meeting'' 
will be hosted on the EIS Web site at www.eisgatewaypacificwa.gov.
    b. Potentially significant issues to be analyzed in the EIS include 
but are not limited to project-specific and cumulative effects on 
navigation (e.g., vessel traffic and navigational safety); marine 
aquatic habitats, including State-designated aquatic reserves; marine 
aquatic species, including Endangered Species Act listed species and 
Washington State species of concern; Tribal treaty rights; wetland and 
riparian habitat and wildlife; railroad and vehicle traffic; cultural, 
historic, and archeological resources; air and water quality; noise; 
recreation; land use; and aesthetics.
    c. The Corps will serve as the lead agency for compliance with 
NEPA, and Whatcom County Planning and Development Services (the County) 
and the Washington State Department of Ecology (Ecology) will serve as 
the lead agencies for compliance with SEPA. The U.S. Environmental 
Protection Agency and U.S. Coast Guard will serve as cooperating 
agencies under NEPA. The Corps will consult with the Washington State 
Historic Preservation Officer and applicable Tribes to comply with the 
National Historic Preservation Act; the U.S. Fish and Wildlife Service 
and National Marine Fisheries Service to comply with the Endangered 
Species Act; the National Marine Fisheries Service to comply with the 
Essential Fish Habitat provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act; and applicable Tribes to comply with 
treaty provisions on fishing rights.
    d. Development of the draft EIS will begin after the close of the 
scoping period. The draft EIS is currently scheduled to be available 
for public review and comment in January 2014.
    e. A 120-day public review period will be provided for all 
interested parties, individuals, and agencies to review and comment on 
the draft EIS. All interested parties are encouraged to respond to this 
notice and provide a current address if they wish to be notified when 
the draft EIS is issued.
    f. All comments received will become part of the administrative 
record and are subject to public release, as appropriate, in their 
entirety, including any personally identifiable information such as 
names, phone numbers, and addresses if included in the comment.

    Dated: September 4, 2012.
Bruce A. Estok,
Colonel, Corps of Engineers, District Engineer.
[FR Doc. 2012-23301 Filed 9-20-12; 8:45 am]
BILLING CODE 3720-58-P
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