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SWG-2011-00740: Fairport North Industrial, LLC: Warehouse Construction

Published May 2, 2012


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.

This is a correction to a public notice dated 29 March 2012. The notice, issued with a 30-day comment period, was published with incorrect information regarding Other Agency Authorizations, and with the incorrect permit number on the project plans. The project description and project plans remain the same
(with the exception of correcting the label).

AUTHORITY: This application will be reviewed pursuant to Section 404 of the Clean Water Act.
APPLICANT: Fairport North Industrial, LLC.

1 Riverway, Suite 1350
Houston, Texas 77056-1996
POC: David Hudson
AGENT: Berg♦Oliver and Associates, Inc.
14701 St. Mary’s Lane, Suite 400
Houston, Texas 77079-2932
Telephone: 281-589-0898
POC: Keith Morgan
LOCATION: The project site is located in wetlands adjacent to Big Island Slough, southeast of the
intersection of Fairmont Parkway and Underwood Parkway, in Harris County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: La Porte, Texas.

Latitude: 29.647637 North; Longitude: -95.075457 West
PROJECT DESCRIPTION: The applicant proposes to construct a commercial warehouse
complex and parking lot. To construct the proposed project, the applicant proposes to fill 8.98 acres
of jurisdictional wetlands. The complex will include 4 warehouse buildings and a parking lot. The
purpose of the proposed warehouse complex is to create storage space for shipping containers and
cargo close to the Bayport and Barbour’s Cut Terminal facilities.

To compensate for impacts to jurisdictional wetlands, the applicant proposes to create 5.13 acres of
wetlands within an onsite mitigation area. The applicant’s plans are enclosed in 6 sheets.
AVOIDANCE AND MINIMIZATION: The applicant has stated that they have avoiding 1.73
acres of wetlands within the subject tract. The applicant states that they considered 4 alternatives in
planning the proposed project:

No Action Alternative – under this alternative the project would not be constructed. The alternative
was eliminated by the applicant because it would not create the needed storage, would not allow for
storage within a reasonable distance of the desired terminal facilities and therefore would result in a
delay in shipping containers reaching their final destination.

Offsite Alternatives – under this alternative the proposed facility would be constructed at an
alternate, off-site location. The applicant eliminated this alternative because there are no other
parcels or tracts of land suitable in size or location to accommodate the project needs.

Project Design Reduction Alternative – under this alternative, the proposed facility would be
reduced in size. The applicant eliminated this alternative because existing warehouse facilities in the
area are near maximum capacity and very few warehouses are available for storage in the area. The
reduced size option would not satisfy the current need for storage space in the area.

Preferred alternative – the applicant states their proposed project is their preferred alternative
because the site is located in close proximity to the necessary terminals, will provide ease for offloading
and storage of shipping containers, and will allow for efficient transfer of containers to their
final destinations.

MITIGATION: The applicant proposed to mitigate for the proposed impacts by creating 5.13 acres
of wetlands within the project site. The wetlands will be constructed around the existing avoided
wetlands. Once created the entire 6.86-acre tract will be deed restricted. In addition, the applicant
proposes to purchase a tract of land through an approved In-Lieu-Fee program, and place a
conservation easement on the property to be held by a certified land trust.

CURRENT SITE CONDITIONS: The proposed project site is located on an undeveloped, 71.20-
acre tract, of which 10.71 acres is wetlands. The project site is located adjacent to Big Island
Slough, and is located in close proximity to other industrial and residential developments.

This public notice is being issued based on information furnished by the applicant. This project
information has not been verified by the Corps. The wetland delineation has been completed and
was verified by the Corps on 25 January 2008. The applicant’s plans are enclosed in 6 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: The applicant has stated that the project is consistent
with the Texas Coastal Management Program (CMP) 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 15
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.

NATIONAL REGISTER OF HISTORIC PLACES: The staff archaeologist 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:
A historic properties investigation has been conducted within the permit area. No
sites determined eligible for or listed on the National Register of Historic Places are
within the permit area or affected area. The SHPO concurred with the determination
that no properties would be affected by letter dated March 25, 2005.

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.
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


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 17 May 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