Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 38173 

Total Burden Cost (capital/startup): 

None. 

Total Burden Cost (operating/ 

maintenance): None. 

Affected Public: Nonprofit 

organizations. 

Total Respondents: 450,000 

individual volunteers. 

Frequency: Annual. 

Average Time Per Response: 10 

minutes. 

Estimated Total Burden Hours: 75,000 

hours. 

Total Burden Cost (capital/startup): 

None. 

Total Burden Cost (operating/ 

maintenance): None. 

Dated: July 21, 2009. 

Rhonda Taylor, 

Acting Director, Office of Corporate Relations. 

[FR Doc. E9–18302 Filed 7–30–09; 8:45 am] 

BILLING CODE 6050–$$–P 

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. 

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, 


PWALKER on DSK8KYBLC1PROD with NOTICES
38174 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 

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 MagnusonStevens 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 


PWALKER on DSK8KYBLC1PROD with NOTICES