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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)Ablanket certificate ofpublic convenience and necessity authorizing Texas Gas's producer-suppliers to make sales for resale in interstate commerce ofNGA gas released by Texas Gas for which the maximum lawful price would be equal to orgreater than the Section 109 price;

(2) An order authorizing temporary abandonment ofsales for resale ofNGA gas forwhich the maximum lawful price would be equal to or greater than the Section 109price to the extent that such gaswould be released-by Texas Gas to its producer-suppliers for resale under this certificate;

(3)To the extent necessary, a blanket certificate ofpublic 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 ofthis application;

(4) To the extent necessary, authorization for anyintrastate pipeline, Hinshaw pipeline orlocal 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 ofsection 311 of the NGPA and this application;

(5) A waiver ofthe requirements of §§ 157.24, 157.25 and 157.30 ofthe Commission's Regulations under the NGA on behalf ofTexas Gas's producersuppliers;

(6) Ablanket certificate ofpublic convenience and necessity authorizing Texas Gas to construct and operate any minorincidental facilities necessay to effect the transportation and delivery of the gas purchased and soldunder the certificate issued hereunder and report

samepursuant to the reporting requirements imposed on Texas Gas in connection with its blanket certificate obtained inDocket No. CP82-407; and

(7)Awaiver ofany and all other Commission regulations necessary to effect the purposes ofthe program described in this application.

Comment date: November 29, 1985, in accordance with Standard Paragarph F
at the end of thisnotice.

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, 825North Capitol Street,NE., Washington, DC 20426, a motionto intervene or a protest in accordance with the requirements of the Commission's Rules ofPractice 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 willbe considered by it in determining the appropriate action to be taken but will
not serve to make the protestants partiesto the proceeding. Any person wishing to become a party to a proceeding orto 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 oftheNatural Gas Act and the Commission's Rules ofPractice and Procedure, a hearingwill be held without further notice before the Commission orits designee on this filing ifno motion to intervene isfiled within the time required herein, ifthe Commission on its own review ofthe
matter finds that a grant ofthe certificate is required by the public convenience and necessity. Ifa motion for leave to intervene is timely filed, or if the Commission on its own motion believes thata formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it willbe unnecessary for the applicant to appear

or be represented at the hearing.

G. Any person orthe Commission's staffmay, within 45 days after the issuance ofthe instant noticeby the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice ofintervention and pursuant to § 157.205 ofthe Regulations under the Natural Gas Act (18 CFR 157.205) a protest to therequest. Ifnoprotest is filed withinthe time allowed therefor, the proposed activity shall be deemed to be authorized effective the day after the time allowed for filing a protest. Ifa protest is filed and not withdrawn within 30 days after thetime 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. KennethF. 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 ofthe Assistant Administratorfor External Affairs Concerning the Bayou AuxCarpes Site Pursuantto Section 404(c) ofthe Clean Water Act

AGENCY: Environmental Protection Agency (EPA). ACTION: Notice ofDecision to Restrict the Use ofthe Bayou aux Carpes Site for the Discharge ofDredged orFill Material in Jefferson Parish, Louisiana.

SUMMARY: This is notice ofthe Environmental Protection Agency's (EPA)final determination pursuant to Section404(c) ofthe CleanWater Act to restrict the use ofa 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 ofdredged orfill 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 ofFederal Activities (A-104), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 475-8796.

Copies ofEPA's final determination

are available forinspection 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) Ofthe CleanWater Act, the Administrator ofEPAhas the authority to prohibit or restrict the use ofa site as a disposal site for dredged or fill material, after notice and opportunity for publichearing, 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, orrecreational areas. Responsibility for404(c) determinations has been formally delegated to the Office ofthe Assistant Administrator for External Affairs.

In accordance with the section 404(c) regulations (40 CFR Part 231), EPA's Regional Administrator forRegion VI, Mr. DickWhittington, initiated section 

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### 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
toBarataria Bay via Bayou Barataria and is part ofthe Barataria Basin. His action was in response to ajudicial action in the U.S. District Court for the Eastern District ofLouisiana (onremand from the U.S. Court ofAppeals for the 5th Circuit). In thisjudicial action, Judge Lansing Mitchell, in September, 1984, directed that a Corps ofEngineers' flood control project (the Harvey Canal-Bayou Barataria Levee Project) be completed,

as originally designed, but stayed his orderto 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 ofthe 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 theloss of the Bayou aux Carpes wetland site.The background ofthis action is summarized inthe Region's notice ofproposed 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 EPAheadquarters forreview and final determination on the Bayou aux Carpes site. Mr. Whittington's recommendation to restrict theuse ofthe Bayou aux Carpes site for the discharge ofdredged orfill 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 thisreview EPA has determined thatthe discharges ofdredged or fill material regulated under section 404 ofthe Clean Water Act within the Bayou auxCarpes 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 ofthe Bayou aux Carpes site would eliminate wildlife habitat utilized by the American alligator, which is threatened in the State ofLouisiana, the osprey and the wood duck which are National Species ofSpecial Emphasis, as well as

a number or other species ofmammals, amphibians and reptiles. The loss ofthe 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 ofcurrently available fish and wildlife habitat at the site would eliminate the site'srecreational value which includes fishing and hunting (with property owner's permission). In addition, the loss ofthe Bayou aux Carpes site would eliminate the production and export ofdetritus (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 ofthe Corps' flood control project would also adversely affect fish, wildlife and recreational values oftheBarataria Unit ofthe Jean Lafitte National Historical Park which contains wetlands that are hydrologically connected to theBayou

aux Carpes site.

EPA's decision restricts the Bayou aux Carpes site for any discharges of dredged or fillmaterial, including those associated with the original Harvey Canal-Bayou Barataria Levee Project with three exceptions. The first exception is discharges associated with the completion ofthe modified Harvey Canal-Bayou Barataria Project; the second exception is discharges associated with routine operation and maintenance ofthe Southern Natural Gas Pipeline; the third exception is discharges associated with habitat -enhancement, EPAhas determined that these three types ofactivities, when performed in accordance with I

restrictions applied by EPA as well as any permit conditions imposed by the Corps ofEngineers through the permit process, are unlikely toresult in significant adverse effects to the aquatic environment.

Dated: November 7,1985.
JenniferJoy Manson,
AssistantAdministrator forExternal 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; Availabilityof EPA Comments

Availability ofEPAcomments prepared October 28, 1985 through November 1,1985 pursuant to the Environmental Review Process (ERP), under section 309 of the Clean AirAct and section 102(2)(c) ofthe National Environmental Policy Act as amended. Requests for copies ofEPA comments

can be directed to the Office ofFederal Activities at (202) 382-5075/76. An explanation ofthe 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'lForest, Land and Resource Mgmt. Plan, MI. Summary: EPAcommented that theDEISprovides little information on present water quality conditions or on potential impacts to water quality in the Forest that could occur with the implementation ofthe proposed Plan. Additionally, sections ofthe DEIS relating toair 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 bythe members ofthe public.

ERP No. D-AFS-65142-UT, Rating EC2, Fishlake Nat'lForest,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 ofrequirements for individual and cumulative impacts assessment, best management practices, monitoring, Plan implementation coordination, and forcorrecting 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 

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