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HomeMy WebLinkAboutR-2012-05 Port of Houston’s project to deepen and widen the Bayport Ship Channel/Chambers, Harris CountiesRESOLUTION NO. 2012- CJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE CONCERNING THE PORT OF HOUSTON'S PROJECT TO DEEPEN AND WIDEN THE BAYPORT SHIP CHANNEL IN CHAMBERS AND HARRIS COUNTIES, TEXAS. WHEREAS, the Port of Houston has submitted Permit Application No. SWG- 2011-01183 to deepen and widen the existing Bayport Ship Channel (BSC), deepen the Turning Basin (TB), deepen a portion of the Bayport Flare (BF), and place the new work dredged material and maintenance material in a proposed beneficial use (BU) site and/or in existing dredged material placement areas (PA); and WHEREAS, the City of La Porte supports the deepening and widening of the Bayport Ship Channel, Turning Basin and the Bayport Flare; and WHEREAS, the existing dredged material placement areas were previously studied and permitted after completion of a formal Environmental Impact Statement (EIS); and WHEREAS, the U.S. Army Corps of Engineers (Corps) has made the initial determination that an Environmental Impact Statement (EIS) is not required for the new, proposed open bay Beneficial Use (BU) area, despite the fact that previously permitted Beneficial Use (BU) areas were identified and designed based on a site -specific EIS; and WHEREAS, the proposed Beneficial Use (BU) site was not included in the previous study and EIS for the deepening and widening of the Houston Ship Channel; and WHEREAS, the proposed new Beneficial Use (BU) area has not been fully studied, modeled, designed and proven to not be a threat to water quality from wind, wave and ship wake erosion, tidal and current erosion, and a hazard to navigation for recreational and commercial vessels that use Upper Galveston Bay; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) has expressed written concerns with the proposed new Beneficial Use (BU) area, including water quality degradation from erosion and suspension of sediments from ship wakes and concerns with adjacent oyster beds, as well as the proposed mitigation of displaced oyster beds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: 1. The City of La Porte supports the deepening and widening of the Bayport Ship Channel, Turning Basin and the Bayport Flare. 2. The City of La Porte supports the disposal of dredged material in the existing placement areas (PA). 3. The City of La Porte objects to the creation of any new Beneficial Use (BU) area on the west side of the Houston Ship Channel in Upper Galveston Bay, as identified in Permit Application No. SWG-2011-01183, due to concerns with water quality, navigation, lack of actual design and final determination of the actual location and configuration of the proposed new Beneficial Use (BU) area without the requirement of a formal Environmental Impact Statement (EIS). 4. Should the Corps determine that a formal Environmental Impact Statement is not required for the creation of the proposed new Beneficial Use (BU) area, the City of La Porte formally requests that the Corps hold a Public Hearing to receive comments from the public regarding the need for a formal Environmental Impact Statement (EIS). 5. The City Manager shall send a certified copy of this resolution to the Regulatory Branch, Galveston District of the United States Army Corps of Engineers and the Texas Commission on Environmental Quality. PASSED AND APPROVED this 25th day of June, 2012. ATTEST: LA Patrice Fogarty City Secretary CITY LA PORTE By: ouis R. Ri y APPROVED: "ezi� Clark T. Askins Assistant City Attorney