05-29-2003 Bayport Expansion Review Committee Meeting

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e e . development in the area; however, the proposed permit action does include work within the Galveston Bay state tracts that are listed sensitive for potential historic shipwrecks. Therefore, all project plans under this permit will have to be fully addressed and resolved for potential impacts to both terrestrial and underwater cultural resources in consultation with the CE and SHPO archaeological staff. Threatened and Endangered Species: Preliminary indications are that no known threatened and/or endangered species or their critical habitat will be affected by the proposed work. : Essential Fish Habitat: This notice initiates the Essential Fish Habitat consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determin~,tion 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 review by and coordination with the National Marine Fisheries Service. . Public Interest Review Factors: This application will be reviewed in accordance with 33 CFR 320-330, the Regulatory Programs of the 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 its reasonably foreseeable detriments. All factors, which may be relevant to the proposal, will be considered: among those are conservation, economics, aesthetics, general environmental . concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, air and water quality, energy needs, safety, food and fiber production, mineral needs and, in general,' the needs and welfare of the people. Solicitation of Comments: The Corps of Engineers 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 the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used to determine the overall public interest of the proposed activity. . 5