[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