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• • <br />B. NEW INFORMATION <br />45. There are significant new circumstances and/or information that have either not <br />been included in the recently released FEIS for Bayport or have been included in the FEIS for <br />the very first time, both of which necessitate the issuance of a Supplemental DEIS that addresses <br />these significant issues in a manner that allows for meaningful public review and comment. <br />46. Many of the so-called new circumstances were known to the Corps of Engineers <br />prior to the release of the FEIS on May 16, 2003 but were not included in the FEIS. <br />(1). TAE NEWLY PERMITTED CONTAINER FACII,ITY AT SAOAL POINT <br />47. The Galveston District recently permitted a new container port on Galveston Bay. <br />48. On April 15, 2003, Col. Waterworth of the Galveston District signed the Record <br />of Decision ("ROD").approving issuance of a permit to the City of Texas City to construct a <br />container terminal facility at Shoal Point near Texas City ("Shoal Point permit") <br />49. The Shoal Point permit allows construction of a six-berth container terminal <br />facility on a spoil disposal island located behind the Texas City industrial complex in Galveston <br />Bay. <br />50. The permitted Shoal Point facility will actually move -more containers, as <br />measured in TEU's (twenty foot equivalent units), than will the proposed Bayport facility. <br />51. In the ROD discussing the Shoal Point facility and its EIS, Col. Waterworth <br />determined that the Shoal Point site was the least environmentally damaging practicable <br />alternative site in the Galveston Bay system for a container terminal facility. <br />52. The proposed Bayport site was evaluated by the Galveston District in its Shoal <br />Point FEIS as one of the alternative sites for locating the Shoal Point container terminal facility, <br />but the Bayport facility was found to be more environmentally damaging and was not selected. <br />9. <br />