[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Notices]
[Pages 38173-38174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17902]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Availability for the Final Environmental Impact
Statement for the Matagorda Ship Channel Improvement Project, Calhoun
County and Matagorda County, TX
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD.
ACTION: Notice of availability.
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SUMMARY: The U.S. Army Corps of Engineers, Galveston District,
announces the release of the Final Environmental Impact Statement
(FEIS) and the public comment period for the Calhoun Port Authority's
(CPA) proposed Matagorda Ship Channel (MSC) Improvement Project.
DATES: The USACE Galveston District will be accepting written public
comments on the FEIS through August 31, 2009. All comments must be
postmarked by August 31, 2009.
ADDRESSES: You may send written comments to the U.S. Army Corps of
Engineers, Galveston District, Attn: Denise Sloan (PE-RB), P.O. Box
1229, Galveston, TX 77553-1229.
FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
and FEIS can be answered by Ms. Denise Sloan, (409) 766-3962.
SUPPLEMENTARY INFORMATION:
Authority: This Federal Action is in consideration of a
Department of the Army (DA) permit application for work under
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403),
Section 404 of the Clean Water Act (33 U.S.C. 1344), and Section 103
of the Marine Protection, Research, and Sanctuaries Act (MPRSA) (33
U.S.C. 1413).
Background: In January 2006, the CPA submitted a DA permit
application to widen and deepen the MSC and to dredge a new turning
basin and marine slip. It was determined that an Environmental Impact
Statement would be required for the proposed project. Since the April
25, 2006, Scoping Meeting, the consulting firm of PBS&J, under the
direction of the Galveston District, U.S. Army Corps of Engineers
(USACE), prepared a Draft and Final Environmental Impact Statement
(DEIS and FEIS) for the proposed project. The DEIS was made available
for a 45-day comment period on May 18, 2007, which was extended through
September 4, 2007. A public hearing and workshop was held August 9,
2007, in Port Lavaca, Texas. Comments received during the comment
period and at the public hearing have been considered in the evaluation
of the proposed project and incorporated into the FEIS. The FEIS is now
available for public review and comment.
Project Description: The CPA proposes to widen and deepen the
approximately 26.6-mile-long MSC from the existing turning basin at the
Port of Port Lavaca-Point Comfort (Channel Station 117+223), through
Lavaca Bay and Matagorda Bay, and ending offshore in the Gulf of Mexico
(Channel Station -23+000). A proposed new turning basin at the
intersection of the MSC and the Alcoa Channel would have a 1,650-foot
turning circle, and both the existing CPA berthing facilities, the
existing and proposed turning basins, and a proposed new berthing area
adjacent to the new turning basin would be dredged to a depth of -44
feet Mean Low Tide (MLT). The authorized channel dimensions of the MSC,
from the Port of Port Lavaca-Point Comfort to the Matagorda Peninsula,
are 200 feet wide (bottom width) by -36 feet MLT deep, and the CPA
proposes to enlarge this reach to 400 feet wide by -44 feet MLT deep
(plus 2 feet of advanced maintenance and 2 feet of overdepth). The
existing authorized channel dimensions through the Matagorda Peninsula
are 300 feet wide by -36 feet MLT deep, and in the Gulf of Mexico are
300 feet wide by -38 feet MLT deep, and the CPA proposes to enlarge
these reaches to 600 feet wide by -46 feet MLT deep (plus 3 feet of
advanced maintenance and 2 feet of overdepth). The CPA proposes to use
both hydraulic and mechanical dredges, including hopper dredges, to
perform new work and maintenance dredging of the proposed project.
Approximately 46.5 million cubic yards of new work dredged material
would be generated from the proposed widening and deepening project.
Maintenance dredging of the proposed channel would generate
approximately 257.5 million cubic yards of dredged material during the
50-year planning period. Dredged material would be used to create or
protect habitats, nourish beaches, and cap mercury-impacted sediments,
and would be placed in confined dredged material placement areas (PAs)
in bays and on land, in unconfined PAs in Matagorda Bay, and in
unconfined ocean dredged material disposal sites (ODMDS) in the Gulf of
Mexico. Additional dredging and placement of 400,000 cubic yards of
dredged material would create a levee designed to protect habitat.
Water Quality Certification: Texas Commission on Environmental
Quality (TCEQ) water quality certification is required. Concurrent with
Corps processing of the permit application, the TCEQ is reviewing the
application under Section 401 of the CWA and in accordance with Title
30, Texas Administrative Code Section 279.1-13 to determine if the work
would comply with State water quality standards.
Section 103 of the Marine Protection, Research, and Sanctuaries Act
(MPRSA): Section 103 of the MPRSA authorizes the USACE to permit the
placement of dredged material within an ODMDS, subject to EPA
concurrence and use of the EPA's dumping criteria. With concurrence
from the EPA, the placement of approximately 12 million cubic yards of
new work dredged material from construction of the proposed project
into a new, one-time use ODMDS may be authorized by the USACE under
Section 103 of MPRSA. Similarly, with EPA concurrence, the USACE may
authorize continued use of the existing maintenance material ODMDS
following construction of the proposed project under Section 103 of
MPRSA. Information associated with the Section 103 authorizations is
included in the FEIS (primarily in Appendix N).
National Register of Historic Places: The staff archaeologist has
reviewed the latest published version of the National Register of
Historic Places, lists of properties determined eligible, and other
sources of information. The following is current knowledge of the
presence or absence of historic resources and the effects of the
proposed project upon these properties: Remote sensing surveys have
been completed for the majority of the project footprint in Matagorda
Bay, Lavaca Bay,
[[Page 38174]]
and the Gulf of Mexico. Remote sensing surveys will be conducted for
the following potentially affected areas that have not already been
surveyed: The proposed new-work ODMDS, three beach nourishment sites,
the remainder of two areas for proposed oyster bed creation, and the
in-bay upland site. Additional close-order surveys will be conducted on
11 features within 164 feet of the proposed channel alignment. The
close-order surveys will help identify features that need further
investigation to determine significance. Close-order surveys will also
be conducted on two features identified within, or within 164 feet of,
a proposed in-bay PA that cannot be avoided. Archival research and
terrestrial surveys will be conducted at the upland PA and along the
three beach nourishment areas. In addition, limited terrestrial
shoreline surveys will be conducted where one proposed PA would tie
into the bluff. A Scope of Work for additional surveys of impact areas,
testing potentially eligible sites, and managing data recovery or
avoidance measures as necessary was submitted to the Texas Historical
Commission (THC) on June 12, 2009, and concurrence was provided on June
24, 2009. Should the decision be made to issue a permit for the
proposed MSCIP, it would be conditioned to require completion of
historical and archaeological surveys to meet National Historical
Preservation Act Section 106 requirements. If the permit is granted,
the CPA will obtain clearance from the THC and the USACE prior to
performing construction activities in these areas.
Threatened and Endangered Species: Indications are that the
proposed project may affect a few Federally listed endangered or
threatened species. The project is likely to adversely affect but is
not likely to jeopardize the continued existence of loggerhead, Kemp's
ridley, hawksbill, leatherback, and green sea turtles. The project is
unlikely to destroy or adversely modify critical habitat for any listed
species. A Biological Assessment (BA) was prepared and was presented to
the U.S. Fish and Wildlife Service (FWS) and the National Marine
Fisheries Service (NMFS) in the DEIS. The NMFS has reviewed the BA and
has prepared a Biological Opinion outlining the measures to be taken to
avoid and minimize potential sea turtle takes, particularly during
hopper dredging activities. The USFWS provided concurrence with the
determinations made in the BA for all species under their jurisdiction,
including nesting sea turtles (Appendix P of the FEIS).
Essential Fish Habitat (EFH): Consultation for EFH of the Magnuson-
Stevens Fishery Conservation and Management Act was initiated in April
2006 via the workshop prior to the public scoping meeting. Letters were
also sent to the NMFS in May 2006. Our initial determination is the
proposed action would have negative impacts on EFH and Federally
managed fisheries in the Gulf of Mexico. However, these unavoidable
impacts to EFH and Federally managed fisheries would be compensated
through the protection and creation of marshes and seagrass beds,
increasing the amount of nursery areas, protective habitat, and food
sources within the Matagorda Bay estuary. The NMFS and the Gulf of
Mexico Fisheries Management Council reviewed the EFH Assessment,
following additional correspondence and revision to the EFH Assessment,
and concurred with the findings that the proposed project may impact
EFH and that no further consultation is required (Appendix H of the
FEIS).
Other Agency Authorizations: Texas Coastal Zone consistency
certification is required. The applicant has stated that the project is
consistent with the Texas Coastal Management Program goals and policies
and will be conducted in a manner consistent with said Program.
Coordination with the General Land Office Coastal Protection Division
regarding consistency with the goals and policies of the Coastal
Management Program is ongoing.
Availability of Final Environmental Impact Statement (FEIS):
Pursuant to section 102(2)(c) of the National Environmental Policy Act
(NEPA) of 1969, as amended and as implemented by the Council on
Environmental Quality (40 CFR parts 1500-1508) a FEIS for the proposed
Matagorda Ship Channel Improvement Project has been filed with the EPA
and is being made available to Federal, State, and local agencies, and
all interested parties. The FEIS can be viewed at http://www.swg.usace.army.mil/reg/pn.asp. Copies of the FEIS are available by
contacting Ms. Denise Sloan. In addition, copies of the FEIS are
available for viewing at the following libraries:
Calhoun County Public Library, 200 West Mahan Street, Port
Lavaca, TX 77979.
Calhoun County Public Library, Port O'Connor Branch,
Highway 185 and Sixth Street, Port O'Connor, TX 77982.
Calhoun County Public Library, Point Comfort Branch, One
Lamar Street, Point Comfort, TX 77978.
Calhoun County Public Library, Seadrift Branch, 103 West
Dallas Avenue, Seadrift, TX 77983.
Victoria Public Library, 302 North Main Street, Victoria,
TX 77901.
Jackson County Memorial Library, 411 North Wells Street,
Room 121, Edna, TX 77957.
Palacios Library, 326 Main Street, Palacios, TX 77465.
Matagorda County Library, Bay City Branch, 1100 7th
Street, Bay City, TX 77414.
Public Interest Review Factors: The permit application will be
reviewed in accordance with 33 CFR 320-332, the Regulatory Program of
the U.S. Army Corps of Engineers, and other pertinent laws, regulations
and executive orders. The decision whether to issue a permit will be
based on an evaluation of the probable impacts, 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 benefits which reasonably may be expected
to accrue from the proposal must be balanced against reasonably
foreseeable detriments associated with the proposal. All factors which
may be relevant to the proposal will be considered. These include, but
are not limited to: Dredged material management, air quality, shoreline
erosion, economics, general environmental concerns, historic resources,
protected species, navigation, recreation, water and sediment quality,
energy needs, safety, hazardous materials, and in general, the welfare
of the people.
Solicitation of Comments: The USACE will accept 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 USACE to determine whether to issue, condition, or
deny a permit for this proposal. To make this decision, comments will
be considered in the evaluation of impacts on endangered species,
historic properties, water quality, general environmental effects, and
other public interest factors listed above. Comments will be used in
preparation of the Record of Decision pursuant to NEPA. Comments are
also used to determine the overall public interest of the proposed
activity.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. E9-17902 Filed 7-27-09; 8:45 am]
BILLING CODE 3720-58-P