Public Hearing and Notice of Availability for the Draft Environmental Impact Statement for Widening of the Freeport Ship Channel in Freeport, Brazoria County, TX, 65783-65785 [06-9146]
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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Notices
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[FR Doc. 06–9140 Filed 11–8–06; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF DEFENSE
Department of the Army
Intent To Grant an Exclusive License
of a U.S. Government-Owned Patent
Department of the Army, DoD.
Notice.
AGENCY:
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SUMMARY: In accordance with 35 U.S.C.
209(e) and 37 CFR 404.7(a)(I)(i),
announcement is made of the intent to
grant an exclusive, royalty-bearing,
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Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 06–9145 Filed 11–8–06; 8:45 am]
BILLING CODE 3710–08–M
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ACTION:
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ADDRESSES: Commander, U.S. Army
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FOR FURTHER INFORMATION CONTACT: For
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ADDRESSES).
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
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of availability.
AGENCY:
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
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65783
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
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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Notices
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
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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
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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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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Notices
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
Department of the Army, Corps of
Engineers
Notice of Availability for the Draft
Environmental Impact Statement/
Environmental Impact Report for the
Burlington Northern Santa Fe (BNSF)
Cajon Third Main Track Summit to
Keenbrook, San Bernardino County,
CA
Department of the Army, U.S.
Army Corps of Engineers, DoD
ACTION: Notice of Availability.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: Pursuant to section 102(2)(c)
of the National Environmental Policy
Act (NEPA) of 1969 (as amended), the
U.S. Army Corps of Engineers, Los
Angeles District (Corps) Regulatory
Branch, in coordination with the County
of San Bernardino and in cooperation
with U.S. Forest Service, has completed
a Draft Environmental Impact
Statement/Environmental Impact Report
(EIS/EIR) for the Burlington Northern
Santa Fe (BNSF) Third Main Track
Summit to Keenbrook Project. The
proposed BNSF project requires
authorization pursuant to section 404 of
the Clean Water Act for approximately
2.95 acres of fill placement in
jurisdictional waters of the United
States, including wetlands, to construct
15.9 miles of a new main track through
the Cajon Pass in San Bernardino
County, California. A public hearing
will be held at the Norman F. Feldheym
Central Library—Bing Wong
Auditorium, located at 555 West 6th
Street, San Bernardino, CA 92401 on
December 5, 2006 from 6 p.m. to 8 p.m.
FOR FURTHER INFORMATION CONTACT:
Questions or comments concerning the
Draft EIS/EIR should be directed to Ms.
Susan A. Meyer, Senior Project
Manager, Regulatory Branch, U.S. Army
Corps of Engineers, Los Angeles District,
P.O. Box 532711, 915 Wilshire
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ACTION:
an Amended Notice of Intent (71 FR
60484) to expand the scope of the
ongoing ‘‘Environmental Impact
Statement for the Alignment,
Construction and Operation of a Rail
Line to a Geologic Repository at Yucca
Mountain, Nye County, Nevada’’
(entitled the Supplemental Yucca
Mountain Rail Corridor and Rail
Alignment EIS) (DOE/EIS–0250F–S2
and EIS–0369), and announced a 45-day
public comment period ending on
November 27, 2006. Based on input
from the public, DOE is now
announcing an additional public
meeting in Reno, Nevada. The public
comment period also is being extended
through December 12, 2006.
Additionally, DOE has posted graphical
representations of the rail routes at the
Office of Civilian Radioactive Waste
Management Web site https://
www.ocrwm.doe.gov under the caption,
What’s New.
DATES: The additional public meeting in
Reno, Nevada will be held on November
27, 2006, from 4 to 7 p.m. The address
for this and all other public scoping
meetings are provided below under
Public Scoping Meetings. The public
comment period is extended through
December 12, 2006. Comments received
after this date will be considered to the
extent practicable.
ADDRESSES: Requests for additional
information on the Supplemental Yucca
Mountain Rail Corridor and Rail
Alignment EIS (DOE/EIS–0250F–S2 and
EIS–0369) or transportation planning in
general should be directed to: Mr. M.
Lee Bishop, EIS Document Manager,
Office of Logistics Management, Office
of Civilian Radioactive Waste
Management, U.S. Department of
Energy, 1551 Hillshire Drive, M/S 011,
Las Vegas, NV 89134, Telephone 1–800–
967–3477. Written comments on the
scope of the Supplemental Yucca
Mountain Rail Corridor and Rail
Alignment EIS may be submitted to Mr.
M. Lee Bishop at this address, by
facsimile to 1–800–967–0739, or via the
Internet at https://www.ocrwm.doe.gov
under the caption, What’s New.
FOR FURTHER INFORMATION CONTACT: For
general information regarding the DOE
NEPA process contact: Ms. Carol M.
Borgstrom, Director, Office of NEPA
Policy and Compliance, U.S.
Department of Energy, 1000
Independence Ave., SW., Washington,
DC 20585, Telephone 202–586–4600, or
leave a message at 1–800–472–2756.
SUMMARY: On October 13, 2006, the U.S.
Department of Energy (DOE) published
Public Scoping Meetings
DOE has scheduled public scoping
meetings on the Supplemental Yucca
Mountain Rail Corridor and Rail
Boulevard, Los Angeles, CA 90053–
2325, (808) 438–2137.
SUPPLEMENTARY INFORMATION: Copies of
the Draft EIS/EIR will be made available
to the public for review only at the
following libraries: Norman F.
Feldheym Central Library (San
Bernardino, California), Hesperia
Branch Library (Hesperia, California),
and the Rancho Cucamonga Public
Library (Rancho Cucamonga,
California). Written comments received
on or before January 4, 2007 will be
considered by the Corps in decision
making for the Final EIS. Comments
should be submitted to the contact
listed above.
Dated: October 31, 2006.
David J. Castanon,
Chief, Regulatory Branch.
[FR Doc. E6–19049 Filed 11–8–06; 8:45 am]
DEPARTMENT OF DEFENSE
65785
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DEPARTMENT OF EDUCATION
Notice of Proposed Information
Collection Requests
Department of Education.
Correction notice.
AGENCY:
ACTION:
SUMMARY: On November 3, 2006, the
Department of Education published a
notice in the Federal Register (page
64687, column 3) for the information
collection, ‘‘Data Collection Instrument
and Performance Report for Statewide
AT Programs’’. This notice hereby
corrects the burden hours to 26,768. The
IC Clearance Official, Regulatory
Information Management Services,
Office of the Chief Information Officer,
hereby issues a correction notice as
required by the Paperwork Reduction
Act of 1995.
Dated: November 3, 2006.
Dianne M. Novick,
Acting Leader, Information Policy and
Standards Team, Office of Management.
[FR Doc. E6–18979 Filed 11–8–06; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Extension of Public Comment Period
and Additional Public Meeting for the
Supplemental Yucca Mountain Rail
Corridor and Rail Alignment
Environmental Impact Statement
Department of Energy.
Notice of public comment
period extension and additional public
meeting.
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Notices]
[Pages 65783-65785]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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,
[[Page 65785]]
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
