[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Notices]
[Pages 65783-65785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9146]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Public Hearing and Notice of Availability for the Draft 
Environmental Impact Statement for Widening of the Freeport Ship 
Channel in Freeport, Brazoria 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 Draft Environmental Impact Statement (DEIS), the 
Draft General Conformity Determination, the public comment period, and 
the date and location of the Public Hearing, for the Brazos River 
Harbor Navigation District's (Port Freeport) proposed widening of the 
Freeport Harbor Ship Channel.

DATES: The USACE Galveston District will be accepting written public 
comments on the DEIS and the Draft General Conformity Determination 
through January 9, 2007. All comments must be postmarked by January 9, 
2007.

ADDRESSES: You may send written comments to the USACE, Galveston 
District, Attn: Sam Watson, P.O. Box 1229, Galveston, TX 77553-1229.

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 
and DEIS can be answered by Mr. Sam Watson, (409) 766-3946.

SUPPLEMENTARY INFORMATION: 
    Authority: This Federal Action is in consideration of a Department 
of the Army 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 and 
Sanctuaries Act (MPRSA) (33 U.S.C. 1413).
    Background: In April 2005, Port Freeport submitted a Department of 
Army Permit Application to widen portions of the Freeport Harbor Jetty 
Channel and all of the Freeport Harbor Entrance Channel from 400 feet 
(ft) to 600 ft. It was determined that an Environmental Impact 
Statement would be required for the proposed project. Since the 
November 29, 2005 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 Environmental Impact Statement for the 
proposed project. The DEIS is now available for public review and 
comment.
    Project Description: Port Freeport proposes to widen portions of 
the Freeport Ship Channel. The project includes widening the Freeport 
Harbor Jetty Channel beginning at Channel Station 63+35 with a gradual 
widening, at the authorized depth, up to an additional 150 feet (ft) 
for about 1,835 ft to Channel Station 45+00. From that point to Channel 
Station 40+00 the widening would be less gradual from the additional 
150 ft to an additional 200 ft. Through the rest of the Jetty Channel 
and to the end of the Freeport Harbor Entrance Channel (Channel Station 
-260+00), the channel would be widened an additional 200 ft. The length 
of channel proposed for widening is about 6.1 miles, of which 5.7 miles 
would be widened by 200 ft. The project depth will remain the same at 
45 ft in the Jetty Channel and 47 ft in the Entrance Channel. The 
widening would generate approximately 3.2 million cubic yards (mcy) of 
new dredged material. Approximately 2.9 mcy of the new work material 
would consist of clay material and about 300,000 cubic yards (cy) would 
consist of silty/sand material. If approved by EPA and by USACE under 
Section 102 and 103 of MPRSA, an ODMDS previously designated as a one-
time use site would be redesignated for placement of the 2.9 mcy of 
clay/silt material. The 300,000 cy of silty/sand material would be used 
beneficially and placed on Quintana Beach in front of

[[Page 65784]]

the Seaway upland confined placement area (UPCA). The beach on either 
side of this location has been enhanced through GLO or other programs, 
leaving a ``gap'' in front of the Seaway UPCA. Placement of the 
material in this location would fill the gap, allowing for continuous 
beach use and providing some protection from erosion for the Seaway 
UPCA.
    Availability of Draft Environmental Impact Statement (DEIS): 
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 DEIS for the proposed 
Freeport Channel Widening has been filed with the EPA and is being made 
available to Federal, State, and local agencies and all interested 
parties. The DEIS can be viewed at www.swg.usace.army.mil/reg/pn.asp. 
Copies of the DEIS are available by contacting Mr. Sam Watson. In 
addition, copies of the DEIS are available for viewing at the following 
libraries:

Brazoria County Library System, Catherine H. Threadgill, County 
Librarian, 451 N Velasco, Angleton, TX 77515.
Brazoria Library, Jerry Measells, Librarian, 620 S. Brooks, Brazoria, 
TX 77422.
Clute Library, Carolyn Weatherly, Librarian, 215 N. Shanks, Clute, TX 
77531.
Freeport Library, Marge Janke, Librarian, 410 Brazosport Blvd., 
Freeport, TX 77541.
Lake Jackson Library, Nancy Hackney, 250 Circle Way, Lake Jackson, TX 
77566.

    Draft General Conformity Review: Pursuant to Section 176 of the 
Clean Air Act Amendments (CAAA) of 1990, a Draft General Conformity 
Determination has been filed with the EPA and Texas Commission on 
Environmental Quality (TCEQ) and is being made available to Federal, 
State and local air quality agencies and all interested parties for the 
proposed Freeport Channel Widening. Copies of the Draft General 
Conformity Determination are available by contacting Mr. Sam Watson. In 
addition, copies of the Draft General Conformity Determination are 
available for viewing, along with the DEIS, at the libraries listed 
above.
    Section 102/103: The Environmental Protection Agency (EPA) is 
charged with developing ocean dumping criteria to be used in evaluating 
permit applications under Section 102(a) of the Marine Protection and 
Sanctuaries Act (MPRSA). EPA is also responsible for designating 
recommended sites for ocean dumping under Section 102(c) of the MPRSA. 
Redesignation by EPA of an inactive ODMDS will be required for 
placement of new work (virgin) dredged material. Section 103 of the 
MPRSA authorizes the USACE to permit the transportation of dredged 
material to a designated ODMDS, subject to EPA concurrence and use of 
EPA's dumping criteria. Information required for the redesignation 
(Section 102) and permit (Section 103) is included in the DEIS 
(primarily in Appendix C).
    Public Comment and Public Hearing: If you wish to voice your 
comments, a Public Hearing on the proposed project is scheduled for 
December 6, 2006 at the Freeport Community House, 1300 W. 2nd Street, 
Freeport, TX 77541. Poster presentations will be available for viewing 
and project team members will be present to discuss the DEIS at a 
Workshop that will precede the hearing. The Workshop will be conducted 
from 5 pm to 6:45 pm, and the formal Hearing will commence at 7 pm.
    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.
    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: A remote sensing survey of the 
Freeport Harbor Channel was performed by PBS&J in March and April, 2005 
and a close-order survey was performed in February 2006. A total of 
eleven anomalies having potential historic significance were located in 
areas of potential impact during the initial inventory. Six of those 
anomalies were identified as areas that were of potential historic 
significance during the second inventory. Because these six anomalies 
occur within areas that would be impacted by bottom disturbing 
activities, it was recommended to the Texas Historical Commission (THC) 
that these areas be surveyed by diving and/or probing to confirm 
whether or not they are significant archaeological sites. This 
confirmation would occur prior to a decision regarding issuance or 
denial of the Section 404/10 permit by USACE. The THC concurred with 
the recommendation. Coordination with THC is ongoing regarding the 
confirmation surveys.
    Threatened and Endangered Species: Preliminary indications are that 
no known threatened and/or endangered species or their critical habitat 
would be affected by the proposed work. A Biological Assessment has 
been prepared and is presented to U.S. Fish and Wildlife Service and 
National Marine Fisheries Services (NMFS) in the DEIS.
    Essential Fish Habitat: Consultation for Essential Fish Habitat of 
the Magnuson-Stevens Fishery Conservation and Management Act was 
initiated in November 2005 via the workshop prior to the public scoping 
meeting. Letters were also sent to the NMFS in February and May, 2006. 
Our initial determination is that the proposed action would not have a 
substantial adverse impact on Essential Fish Habitat or Federally 
managed fisheries in the Gulf of Mexico. Our final determination 
relative to project impacts and the need for mitigation measures is 
subject to additional review by and coordination with NMFS.
    Public Interest Review Factors: The application will be reviewed in 
accordance with 33 CFR 320-330, the Regulatory Programs of USACE, 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: USACE 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 USACE to determine whether to issue, modify, condition or 
deny a permit for this proposal. To make this decision,

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comments will be considered in the evaluation of impacts on endangered 
species, historic properties, water quality, general environmental 
effects, and the other public interest factors listed above. Comments 
will be used in the preparation of the Final Environmental Impact 
Statement 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. 06-9146 Filed 11-8-06; 8:45 am]
BILLING CODE 3710-52-M