U.S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT
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.
APPLICANT: Victoria County Navigation District
1934 FM 1432
Victoria, Texas 77905-1849
Telephone: 361-570-8855
POC: Jennifer Stastny
AGENT: CivilCorp Engineers and Surveyors
1501 East Mockingbird Lane, Suite 406
Victoria, Texas 77904-2157
Telephone: 361-570-7500
POC: C. W. Settles, P.E.
LOCATION: The project is located approximately 10 miles south of Victoria, Victoria County,
Texas, along the Victoria Barge Canal between Stations 1642+81 to 1689+04. The project can be
located on the U.S.G.S. quadrangle map entitled: BLOOMINGTON, Texas.
LATITUDE & LONGITUDE (NAD 83):
Latitude: 28.650 North; Longitude: 96.953 West
PROJECT DESCRIPTION: This is an amendment to Permit SWG-2006-01921 (formerly 24402),
first issued 20 December 2007 for constructing a barge slip approximately 4,000 feet long and 225
feet wide with a 500-foot taper on each end. The applicant proposes to modify the original permit to
construct a barge slip adjacent to the Victoria Barge Canal. The slip will be 3,442 feet long and 500
feet wide with a proposed 900-foot long dock and a 200-foot taper on one end.
Permit Application SWG-2006-01921 2
An estimated 1,222,000 cubic yards of material above elevation +2 will be mechanically excavated
and spread on the adjacent 1,582.97 upland acres of land marked on sheet 4 of 8 of the included
plans as Polito Castillo League Abstract 17. An estimated 1,142,000 cubic yards of material will be
hydraulically dredged or mechanically excavated from below +2 elevation and placed in Corps
Placement Area 11, and on the adjacent 1,582.97 upland acres.
AVOIDANCE AND MINIMIZATION: The applicant has stated that they have avoided and
minimized the environmental impacts by dredging only the amount of material necessary to meet the
goals of the project, and to place this material completely within adjacent upland areas.
MITIGATION: No mitigation is proposed for this project.
CURRENT SITE CONDITIONS: The project site is currently undeveloped, open land currently
leased for farm use. There are no wetlands or special aquatic sites associated with this parcel.
NOTES: 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 8
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.
OTHER AGENCY AUTHORIZATIONS:
The project site is not located within the Texas Coastal Zone and, therefore, does not require
certification from the Texas Coastal Management Program.
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 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 permit area is likely to yield resources eligible for inclusion in the National
Register of Historic Places. An investigation for the presence of potentially eligible
historic properties is justified.
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:
Matthew L. Kimmel
Regulatory Branch, CESWG-PE-RCC
U.S. Army Corps of Engineers
5151 Flynn Parkway, Suite 306
Corpus Christi, Texas 78411-4318
361-814-5847 x127 Phone
361-814-5912 Fax
DISTRICT ENGINEER
GALVESTON DISTRICT
CORPS OF ENGINEERS
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