05-29-2003 Bayport Expansion Review Committee Meeting

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e e State Water Quality Qualifications: This project would result in a direct impact of greater than three acres of waters of the state or 1500 linear feet of streams (or a combination of . the two is above the threshold), and as such would not fulfill Tier I criteria for the project. Therefore, Texas Commission on Environmental Quality (TCEQ) certification is required. Concurrent with U.S. Army Corps of Engineers (Corps) processing of this application, the TCEQ is reviewing this 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. By virtue of an agreement between the Corps aod the TCEQ, this public notice is also issued for the purpose of advising all known interested persons that t~ere is pending before the TNRCC a decision on water quality certification under such act. Any comments concerning this application may be submitted to the Texas Commission on Environmental Quality, 401 Coordinator, MSC-150, P.O. Box 13087, Austin, Texas 78711-3087. The public comment period extends 30 days from the date of publication of this notice. A copy of the public notice with a description of work is made available for review in the TCEQ's Austin office. The complete application may be reviewed in the Corps office. The Texas Commission on :Environmental Quality held a public meeting on April 3, 2003 at the Bay Area Community Center in Seabrook, Texas, on the 401 certification for the proposed project. The comments submitted by the public during the meeting will be considered in evaluating the 401 certification. 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 properties and the effects of the undertaking upon these . properties: The proposed project has been initially reviewed for potential impacts to historic properties. To date, a cultural resources investigation (Prewitt & Associates Report No: 45, January 2000) has been conducted for portions of the proposed project area. The results of the investigation indicate that certain portions of the facility project area contain t]le potential for having ,prehistoric and historic sites - with at least three historic sites, 41 HR831-833 having been identified for the project area, and known property 41 HR212 is in the immediate vicinity of the proposed compensatory mitigation area. However, the proposed mitigation site and the latest proposed project boundaries as of May 2003 are not covered in the Prewitt report, and have not been fully investigated for potential impacts to both recorded and potential archaeological sites - and will have to be fully considered in the review process for this project. Additional field surveys are necessary to cover the proposed project boundaries as of May 2003. In addition, our records indicate that the likelihood is not high for the proposed project to encounter significant historic shipwreck sites given the previous dredging and 4 .