U.S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT AND TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
PURPOSE OF PUBLIC NOTICE: To inform you of a proposal for work in which you might be
interested. It is also to solicit your comments and information to better enable us to make a
reasonable decision on factors affecting the public interest. The U.S. Army Corps of Engineers
(Corps) is not the entity proposing or performing the proposed work, nor has the Corps taken a
position, in favor or against the proposed work.
AUTHORITY: This application will be reviewed pursuant to Section 10 of the Rivers and Harbors
Act of 1899 and Section 404 of the Clean Water Act.
APPLICANT: TGS Development
11811 East Freeway, Suite 630
Houston, Texas 77029-1952
POC: Gary Mixon
AGENT: Lanier and Associates Consulting Engineers, Inc.
595 Orleans Street, Suite 600
Beaumont, Texas 77701-3227
Telephone: 409-212-1051
POC: David Cowart
LOCATION: The project site is located in the Port Arthur Canal, at 2500 Martin Luther King
Drive, in Port Arthur, Jefferson County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled: Port Arthur South, Texas.
LATITUDE & LONGITUDE (NAD 83):
Latitude: 29.822500 North; Longitude: -93.955556 West
Permit Application SWG-2011-01123 2
PROJECT DESCRIPTION: The applicant proposes to construct and dredge a 27.60-acre barge
docking facility and pipeline. The applicant proposes to mechanically and hydraulically dredge the
berth to a uniform depth of -40 feet below mean low water, plus a 2-foot over dredge for advance
maintenance. The receiving body of water is authorized to be dredged to -40 feet below mean low
water. The applicant proposes to construct a 1,160-foot-long walkway, with an 80-foot x 100-foot
platform at its center, and 8 breasting dolphins. A 1,600-linear-foot revetment wall is also proposed
around the interior of the basin.
The applicant also proposes to construct a 36-inch diameter, 3.1-mile pipeline, extending from the
proposed basin to a location just west of West 7th Street in Port Arthur. The pipeline route will
parallel the levee for Dredge Material Placement Area (DMPA) 8. The pipeline will turn 90 degrees
at Highway 82, at which point the line with be directionally drilled. The pipe string work area for
the drill is proposed to extend over the DMPA 8 levee, into DMPA 8. The proposed project will
impact 3.989 acres of wetlands, via conversion of wetland types, will permanently impact 0.01 acre
of wetlands, and will temporarily impact 8.57 acres of wetlands.
MITIGATION: The applicant states that they believe compensatory mitigation should not be
required because permanent impacts are minor, resulting from construction of pipeline support
structures, and that impacted wetlands are dominated by invasive or non-native species. The
applicant considers the removal of invasive species as adequate mitigation, which will reduce the
effects of conversion impacts to a minimal level. The estuarine emergent wetland (Wetland 7) is
believed by the applicant to have minimal functions. Dredging will convert the wetland to open
water and would not result in a loss of Section 10 waters.
AVOIDANCE AND MINIMIZATION: The applicant has stated that they have avoided and
minimized the environmental impacts by using an abandoned dock facility to minimize dredge
activities and minimize the volume of material to be placed into a DMPA. The originally preferred
tank farm was redesigned to avoid wetlands, the originally preferred above ground pipe rack system
was relocated and rerouted. The pipeline was routed to avoid impacts to higher functioning forested
wetlands, and the temporary construction right-of-way was reduced from an average of 100 feet
wide to 70 feet wide.
CURRENT SITE CONDITIONS: The project site is currently a developed tract of land, adjacent
to an existing boat basin. The site is bounded to the east and north by a DMPA, and to the west by
the Port Arthur Ship Channel. The opposite shoreline of the Channel is developed with industrial
facilities. Tidal wetlands exist along the shoreline of the proposed basin. Palustrine emergent,
palustrine forested, and palustrine scrub/shrub wetlands exist along the pipeline route.
This public notice is being issued based on information furnished by the applicant. This project
information has not been verified by the Corps. The applicant’s plans are enclosed in 36 sheets.
A preliminary review of this application indicates that an Environmental Impact Statement (EIS) is
not required. Since permit assessment is a continuing process, this preliminary determination of EIS
requirement will be changed if data or information brought forth in the coordination process is of a
significant nature.
Our evaluation will also follow the guidelines published by the U.S. Environmental Protection
Agency pursuant to Section 404 (b)(1) of the Clean Water Act (CWA).
OTHER AGENCY AUTHORIZATIONS: Texas Coastal Zone consistency certification is
required. The applicant has stated that the project is consistent with the Texas Coastal Management
Program goals and policies and will be conducted in a manner consistent with said program.
This project would result in a direct impact of greater than three acres of waters of the state or 1,500
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 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 and the TCEQ, this public notice is
also issued for the purpose of advising all known interested persons that there is pending before the
TCEQ 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 listed in this public notice. The TCEQ may conduct a public meeting to
consider all comments concerning water quality if requested in writing. A request for a public
meeting must contain the following information: the name, mailing address, application number, or
other recognizable reference to the application; a brief description of the interest of the requester, or
of persons represented by the requester; and a brief description of how the application, if granted,
would adversely affect such interest.
The return water from the upland contained dredged material placement area(s) requires
authorization under Nationwide Permit (NWP) 16. However, the Southwestern Division of the
Corps administratively denied NWP 16, without prejudice, during the 2002 renewal of the NWP
Program. Additionally, Section 401 water quality certification for the 2007 renewal of the NWP
Program has not been issued. Therefore, individual Section 401 water quality certification from
Texas Commission on Environmental Quality (TCEQ) for the return water from the upland
contained disposal area is required. Prior to the performance of hydraulic dredging, the applicant
will obtain a Clean Water Act Section 401 water quality certification from the TCEQ for the effluent
or return water. A copy of the 401 certification must also be furnished to the Corps district office
listing in this public notice prior to performing hydraulic dredging.
NATIONAL REGISTER OF HISTORIC PLACES: The staff archaeologist has/has not
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 work and/or structures are of such limited nature and scope that little
likelihood exists for the proposed project to impinge upon a historic property, even if
present within the affected area.
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
determination 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 320-332, the Regulatory Programs of the Corps, 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, 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 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 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 in the preparation of an Environmental Impact Assessment and/or an
Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to determine the overall public interest of
the proposed activity.
This public notice is being distributed to all known interested persons in order to assist in developing
facts upon which a decision by the Corps may be based. For accuracy and completeness of the
record, all data in support of or in opposition to the proposed work should be submitted in writing
setting forth sufficient detail to furnish a clear understanding of the reasons for support or
opposition.
PUBLIC HEARING: The purpose of a public hearing is to solicit additional information to assist
in the evaluation of the proposed project. Prior to the close of the comment period, any person may
make a written request for a public hearing, setting forth the particular reasons for the request. The
District Engineer will determine if the reasons identified for holding a public hearing are sufficient
to warrant that a public hearing be held. If a public hearing is warranted, all known interested
persons will be notified of the time, date, and location.
CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this
office on or before 4 June 2012. Extensions of the comment period may be granted for valid
reasons provided a written request is received by the limiting date. If no comments are received by
that date, it will be considered that there are no objections. Comments and requests for
additional information should be submitted to:
Felicity Dodson
Regulatory Branch, CESWG-PE-RE
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229
409-766-3105 Phone
409-766-6301 Fax
Felicity.a.dodson@usace.army.mil
DISTRICT ENGINEER
GALVESTON DISTRICT
CORPS OF ENGINEERS
For more information, click here. View plans.