06-30-2003 Bayport Expansion Review CommitteeMeeting

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C~ r: 242. Plaintiffs request Declaratory Relief whereby the Court declares that there is sufficient nexus between these wetlands and the purposes of the Clean Water Act as to make the significantly more wetland acreage on the Bayport site jurisdictional navigable waters than has been recognized to date by the Corps. 243. Plaintiffs request that the Court remand this issue to the Corps to reconsider the issue of the acreage of jurisdictional wetlands on the Bayport property as well as requiring that the Corps and USEPA work together to jointly establish the jurisdiction of the Corps over the wetlands at the Bayport site. 244. Plaintiffs allege that the Corps has exhibited arbitrary and capricious action by failing to re-examine the extent of the wetlands at the Bayport site in light of new topographic information and/or in light of the USEPA claim that micro-channels provide sufficient connection to render much more acreage jurisdictional than has been determined by the Corps. VII. STANDING 245. The City of Shoreacres is located between State Highways 146 and 501 at the northwestern edge of Galveston Bay. Shoreacres is immediately north of the proposed Bayport terminal. Shoreacres is predominantly residential with a population of approximately 1,488. Shoreacres' residents will be directly. and severely impacted by the proposed Bayport Project. These residents will be impacted by the additional noise, lights, traffic and air pollution. If the proposed Bayport Project is built, their property values will decline. Shoreacres' zoning ordinance reflects the community's values for a bayside, residential community, which is at odds with the proposed Bayport Project 246. The City of Taylor Lake Village is on Taylor Lake, west of the proposed Bayport Project and has a population of approximately 3,694. The proposed Bayport Project will 32.