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Citation: 50 Fed. Reg. 47267 1985 

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Federal Register / Vol. 50, No. 221 / Friday, November 15, 1985 / Notices

programs described in this application,

Texas Gas requests that the

Commission issue the following

authorizations:

(1) A blanket certificate of public

convenience and necessity authorizing

Texas Gas's producer-suppliers to make

sales for resale in interstate commerce

of NGA gas released by Texas Gas for

which the maximum lawful price would

be equal to or greater than the Section

109 price;

(2) An order authorizing temporary

abandonment of sales for resale of NGA

gas for which the maximum lawful price

would be equal to or greater than the

Section 109 price to the extent that such

gas would be released-by Texas Gas to

its producer-suppliers for resale under

this certificate;

(3) To the extent necessary, a blanket

certificate of public convenience and

necessity authorizing Texas Gas as well as other interstate pipelines to transport

the gas supplies released and sold

pursuant to this certificate in the

interstate commerce on a selfimplementing basis, in accordance with

the terms and provisions of this

application;

(4) To the extent necessary,

authorization for any intrastate pipeline,

Hinshaw pipeline or local distribution

company to transport, on a self

implementing basis, the base released

and sold pursuant to this certificate in

accordance with the terms and

provisions of section 311 of the NGPA

and this application;

(5) A waiver of the requirements of

§ § 157.24, 157.25 and 157.30 of the

Commission's Regulations under the

NGA on behalf of Texas Gas's producersuppliers;

(6) A blanket certificate of public

convenience and necessity authorizing

Texas Gas to construct and operate any

minor incidental facilities necessay to

effect the transportation and delivery of

the gas purchased and sold under the

certificate issued hereunder and report

same pursuant to the reporting

requirements imposed on Texas Gas in

connection with its blanket certificate

obtained in Docket No. CP82-407; and

(7) A waiver of any and all other

Commission regulations necessary to

effect the purposes of the program

described in this application.

Comment date: November 29, 1985, in

accordance with Standard Paragarph F

at the end of this notice.

Standard Paragraphs

F. Any person desiring to be heard or

make any protest with reference to said

filing should on or before the comment

date file with the Federal Energy

Regulatory Commisson, 825 North

Capitol Street, NE., Washington, DC

20426, a motion to intervene or a protest

in accordance with the requirements of

the Commission's Rules of Practice and

Procedure (18 CFR 385.211 and 385.214)

and the Regulations under the Natural

Gas Act (18 CFR 157.10). All protests

filed with the Commission will be

considered by it in determining the

appropriate action to be taken but will

not serve to make the protestants

parties to the proceeding. Any person

wishing to become a party to a

proceeding or to participate as a party in

any hearing therein must file a motion to

intervene in accordance with the

Commission's Rules.

Take further notice that, pursuant to

the authority contained in and subject to

jurisdiction conferred upon the Federal

Energy Regulatory Commission by

sections 7 and 15 of the Natural Gas Act

and the Commission's Rules of Practice

and Procedure, a hearing will be held

without further notice before the

Commission or its designee on this filing

if no motion to intervene is filed within

the time required herein, if the

Commission on its own review of the

matter finds that a grant of the

certificate is required by the public

convenience and necessity. If a motion

for leave to intervene is timely filed, or if

the Commission on its own motion

believes that a formal hearing is

required, further notice of such hearing

will be duly given.

Under the procedure herein provided

for, unless otherwise advised, it will be

unnecessary for the applicant to appear

or be represented at the hearing.

G. Any person or the Commission's

staff may, within 45 days after the

issuance of the instant notice by the

Commission, file pursuant to Rule 214 of

the Commission's Procedural Rules (18

CFR 385.214) a motion to intervene or

notice of intervention and pursuant to

§ 157.205 of the Regulations under the

Natural Gas Act (18 CFR 157.205) a

protest to the request. If no protest is

filed within the time allowed therefor,

the proposed activity shall be deemed to

be authorized effective the day after the

time allowed for filing a protest. If a

protest is filed and not withdrawn

within 30 days after the time allowed for

filing a protest, the instant request shall

be treated as an application for

authorization pursuant to section 7 of

the Natural Gas Act.

Kenneth F. Plumb,

Secretory.

[FR Doc. 85-27290 Filed 11-14-85; 8:45 am]

BILLING CODE 6717-01-M

ENVIRONMENTAL PROTECTION

AGENCY

[FR-2924-2]

Final Determination of the Assistant

Administrator for External Affairs

Concerning the Bayou Aux Carpes Site

Pursuant to Section 404(c) of the

Clean Water Act

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Decision to Restrict

the Use of the Bayou aux Carpes Site for

the Discharge of Dredged or Fill

Material in Jefferson Parish, Louisiana.

SUMMARY: This is notice of the

Environmental Protection Agency's

(EPA) final determination pursuant to

Section 404(c) of the Clean Water Act to

restrict the use of a 3000 acre wetland

site (i.e., the Bayou aux Carpes site) in

Jefferson Parish, Louisiana as a disposal

site based upon findings that the

discharges of dredged or fill material

into that site would have unacceptable

adverse effects on shellfish beds, fishery

areas (including spawning and breeding

areas), wildlife, and recreational areas:

EFFECTIVE DATE: The effective date of

the Final Determination is October 16,

1985.

FOR FURTHER INFORMATION CONTACT:

Charles K. Stark, Jr., Aquatic Resources

Division, Office of Federal Activities

(A-104), U.S. Environmental Protection

Agency, 401 M Street, SW., Washington,

DC 20460, (202) 475-8796.

Copies of EPA's final determination

are available for inspection in the Public

Information Reference Unit, EPA library,

Room M 2904, 401 M Street, SW., -

Washington, DC 20460 and at the

Federal Activities Branch, EPA Region

VI, 1201 Elm Street, Dallas, Texas 75270.

SUPPLEMENTARY INFORMATION: Under

section 404(c) Of the Clean Water Act,

the Administrator of EPA has the

authority to prohibit or restrict the use

of a site as a disposal site for dredged or

fill material, after notice and

opportunity for public hearing,

whenever he determines that such

disposal will have an unacceptable

adverse effect on municipal water

supplies, shellfish beds and fishery

areas (including spawning and breeding

areas), wildlife, or recreational areas.

Responsibility for 404(c) determinations

has been formally delegated to the

Office of the Assistant Administrator for

External Affairs.

In accordance with the section 404(c)

regulations (40 CFR Part 231), EPA's

Regional Administrator for Region VI,

Mr. Dick Whittington, initiated section

47267

47267
Federal Register / Vol. 50, No. 221 / Friday, November 15, 1985 / Notices

404(c) proceedings with respect to a 3000

acre wetland site (i.e., the Bayou aux

Carpes site) in Jefferson Parish,

Louisiana. This site is tidally connected

to Barataria Bay via Bayou Barataria

and is part of the Barataria Basin. His

action was in response to a judicial

action in the U.S. District Court for the

Eastern District of Louisiana (on remand

from the U.S. Court of Appeals for the

5th Circuit). In this judicial action, Judge

Lansing Mitchell, in September, 1984,

directed that a Corps of Engineers' flood

control project (the Harvey Canal-Bayou

Barataria Levee Project) be completed,

as originally designed, but stayed his

order to allow EPA an opportunity to

exercise its section 404(c) authority. The

project is designed to provide flood

control and land reclamation benefits. In

addition, completion of the flood control

project may lead to additional proposals

involving the discharge or fill material

into the Bayou aux Carpes site by

private property owners. Both

completion of the original Corp's flood

control project and subsequent filing

activities will result in the loss of the

Bayou aux Carpes wetland site. The

background of this action is summarized

in the Region's notice of proposed

determination and public hearing

(published at 50 FR 20602, May 17, 1985).

On September 4, 1985, Mr.

Whittington forwarded his

recommended determination and the

administrative record EPA headquarters

for review and final determination on the Bayou aux Carpes site. Mr.

Whittington's recommendation to

restrict the use of the Bayou aux Carpes

site for the discharge of dredged or fill

material was based upon anticipated

unacceptable adverse effects on

shellfish beds and fishery areas (including spawning and breeding

areas), wildlife, and recreational areas.

EPA has considered the record in this

case, including public comments, the

public hearing record, site specific

evaluations, coordination with affected

property owners, and information

provided by other agencies and

knowledgeable'individuals. Based upon

this review EPA has determined that the

discharges of dredged or fill material

regulated under section 404 of the Clean

Water Act within the Bayou aux Carpes

site, including those involved in

completing the Corps' original flood

control project, would eliminate the

existing wetlands thereby res'ulting in

unacceptable adverse effects to shellfish

beds and fishery areas (including

spawning and breeding areas), wildlife,

and recreational areas. Specifically, the

loss of the Bayou aux Carpes site would

eliminate wildlife habitat utilized by the

American alligator, which is threatened

in the State of Louisiana, the osprey and

the wood duck which are National

Species of Special Emphasis, as well as

a number or other species of mammals,

amphibians and reptiles. The loss of the

site would also eliminate fisheries

habitat utilized by estuarine species of

commercial importance such as the blue

crab and fresh water species of

recreational value such as blue catfish.

The loss of currently available fish and

wildlife habitat at the site would

eliminate the site's recreational value

which includes fishing and hunting (with

property owner's permission). In

addition, the loss of the Bayou aux

Carpes site would eliminate the

production and export of detritus

(organic material in various stages of

decay) which is utilized as a food source

by fish and shellfish in Bayou Barataria

and Barataria Bay thus adversely

affecting these downstream fisheries

resources. The site's filtering of

pollutants and excess nutrients from

incoming tides would be lost; this would

contribute to the adverse effects on fish

and shellfish because adjacent waters of

Bayou Barataria and Barataria Bay must

assimilate these materials. Completion

of the Corps' flood control project would

also adversely affect fish, wildlife and

recreational values of the Barataria Unit

of the Jean Lafitte National Historical

Park which contains wetlands that are

hydrologically connected to the Bayou

aux Carpes site.

EPA's decision restricts the Bayou aux

Carpes site for any discharges of

dredged or fill material, including those

associated with the original Harvey

Canal-Bayou Barataria Levee Project

with three exceptions. The first

exception is discharges associated with

the completion of the modified Harvey

Canal-Bayou Barataria Project; the

second exception is discharges

associated with routine operation and

maintenance of the Southern Natural

Gas Pipeline; the third exception is

discharges associated with habitat

-enhancement, EPA has determined that

these three types of activities, when

performed in accordance with I

restrictions applied by EPA as well as

any permit conditions imposed by the

Corps of Engineers through the permit

process, are unlikely to result in

significant adverse effects to the aquatic

environment.

Dated: November 7, 1985.

Jennifer Joy Manson,

Assistant Administrator for External Affairs.

1FR Doc. 85-27197 Filed 11-14-85; 8:45 am]

BILLING CODE 6560-50-M

[ER-FRL-2923-71

Environmental Impact Statements and

Regulations; Availability of EPA

Comments

Availability of EPA comments

prepared October 28, 1985 through

November 1, 1985 pursuant to the

Environmental Review Process (ERP),

under section 309 of the Clean Air Act

and section 102(2)(c) of the National

Environmental Policy Act as amended.

Requests for copies of EPA comments

can be directed to the Office of Federal

Activities at (202) 382-5075/76. An

explanation of the ratings assigned to

draft environmental impact statements

(EISs) was published in FR dated

October 19, 1984 (49 FR 41108).

Draft EIS's

ERP No. D-AFS-F65014-MI, Rating

EC2, Hiawatha Nat'l Forest, Land and

Resource Mgmt. Plan, MI. Summary:

EPA commented that the DEIS provides

little information on present water

quality conditions or on potential

impacts to water quality in the Forest

that could occur with the

implementation of the proposed Plan.

Additionally, sections of the DEIS

relating to air quality and noise were

identified as also requiring additional

information. EPA identified the types of

information and analysis that should be

added to the DEIS to make the

information presented available and

understandable by the members of the

public.

ERP No. D-AFS-65142-UT, Rating

EC2, Fishlake Nat'l Forest, Land and

Resource Mgmt. Plan, UT. Summary:

EPA believes that the proposed

alternative (Alternative 11), with

corrective measures, provides an

environmentally acceptable

management plan. EPA has identified

numerous concerns regarding

management of water quality standards,

watersheds, riparian/wetland areas,

and aquatic life. To meet these

concerns, EPA has requested additional

impact analysis and further

development/revision of requirements

for individual and cumulative impacts

assessment, best management practices,

monitoring, Plan implementation

coordination, and for correcting existing

resource problems. State and EPA

antidegradation requirements for water

quality need to be addressed.

ERP No. D-COE-H36091-IA, Rating

EC2, Muscatine Island Levee District

and Muscatine Louisa County Drainage

District No. 13, Local Flood Protection

Plan, Mississippi R., IA. Summary: EPA

47268