[Federal Register: December 6, 2002 (Volume 67, Number 235)]
[Notices]
[Page 72718-72720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de02-112]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Finance Docket No. 34079]
San Jacinto Rail Limited--Construction Exemption--and the
Burlington Northern and Santa Fe Railway Company--Operation Exemption--
Build-Out to the Bayport Loop Near Houston, Harris County, TX
AGENCIES: Lead: Surface Transportation Board. Cooperating: U.S. Coast
Guard, Federal Aviation Administration, National Aeronautics and Space
Administration.
ACTION: Notice of availability of Draft Environmental Impact Statement
and notice of public meetings.
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SUMMARY: On August 30, 2001, San Jacinto Rail Limited (SJRL) and the
Burlington Northern and Santa Fe Railway (BNSF) (referred to
collectively as the Applicants) filed a petition with the Surface
Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority
for construction by SJRL and operation by BNSF of a new rail line near
Houston, Harris County, Texas. The project, known as the Bayport Loop
Build-Out, would involve construction of approximately 12.8 miles of
new rail line to serve the petro-chemical industries in the Bayport
Industrial District (Bayport Loop). The Proposed Action includes rail
operations to and from the new rail line near Ellington Field over
trackage rights on Union Pacific Railroad Company's (UP's) GH&H line
and UP's East Belt, Terminal, Lafayette, and Baytown Subdivisions to
the storage yard operated by CMC Railroad at Dayton, approximately 30
miles east of Houston. The project would require actions by several
Federal agencies, including the Board, the U.S. Coast Guard (USCG), and
the National Aeronautics and Space Administration (NASA), and may
require actions by the Federal Aviation Administration (FAA).
The Board, through its Section of Environmental Analysis (SEA) and
in cooperation with USCG, FAA, and NASA, has published a Draft
Environmental Impact Statement (Draft EIS) for the Bayport Loop Build-
Out Project. This Draft EIS is an analysis of
[[Page 72719]]
the potential environmental impacts of the Applicants' proposal and its
reasonable and feasible alternatives, including the No-Action
Alternative. The Build Alternatives, which are the Alternatives
involving construction, would cause moderate wetland, surface water,
and biological impacts. SEA recommends that the Board impose the
Applicants' proposed voluntary mitigation measures as a condition of
petition approval. The mitigation measures address these moderate
impacts as well as a range of additional issues of interest to the
community. The Proposed Action and Alternatives would cause negligible
effects on all other impact areas. SEA invites public and agency
comments on all aspects of the Draft EIS. Comments must be faxed or
postmarked by the close of the comment period, which is January 27,
2003. Information on how to submit comments is set forth below.
SEA, working with the three cooperating agencies, will make its
final recommendations on the project, including environmentally
preferable alternative(s) and environmental mitigation, to the Board in
the Final EIS, after considering all public comments on the Draft EIS.
The Final EIS will be issued after public comments have been received,
reviewed, and fully evaluated. Notice of availability of the Final EIS
will be published in the Federal Register.
Following issuance of the Final EIS, the Board will make its final
decision regarding this project and any environmental conditions it
might impose. In reaching its final decision in this proceeding, the
Board will take into account the full environmental record, including
the Draft EIS, the Final EIS, and all public and agency comments
received. The cooperating agencies will issue their decisions based on
the same environmental record.
FOR FURTHER INFORMATION CONTACT: Ms. Dana White, SEA Project Manager,
toll-free at 1-888-229-7857 (TDD for the hearing impaired 1-800-877-
8339). The Web site for the Surface Transportation Board is
www.stb.dot.gov.
Mr. Phil Johnson, U.S. Coast Guard, (504) 589-2965.
Ms. Nan Terry, Federal Aviation Administration, (817) 222-5607.
Ms. Perri Fox, National Aeronautics and Space Administration, (281)
483-3157.
SUPPLEMENTARY INFORMATION:
Floodplains Notification: As required by Executive Order 11988
(Floodplain Management), SEA is providing Notice that the Proposed
Action would involve new construction in a floodplain. SEA's
preliminary determination is that floodplains along Horsepen Bayou,
Armand Bayou, Spring Gully, Big Island Slough, and Taylor Bayou and
various unnamed tributaries and flood control channels could not be
avoided by the Proposed Action or the other Build Alternatives because
of the linear nature of the proposed project. SEA has also determined
that the floodplain impacts would be similar for the Proposed Action
and the other Build Alternatives.
The Proposed Action would not cause an adverse effect or
incompatible development in a floodplain because the facility would be
designed, constructed, and maintained to accommodate flood flows and
minimize impacts to floodplains. The proposed design would include
properly sized, sited, constructed, and maintained bridges and
culverts, and new drainage ditches on both sides of the rail bed along
most of the alignment. The floodways along Horsepen Bayou, Armand
Bayou, Big Island Slough, and Spring Gully and the main channel of
Taylor Bayou would be spanned by bridges. In addition, the design and
specifications for bridges, culverts, channels, and related structures
would satisfy Harris County Flood Control District requirements. All
bridge crossings would accommodate flood flows from the 24-hour, one-
percent probability storm and would conform to all applicable design
standards required by the National Flood Insurance Program. The design
of crossings of flood control channels or connections to drainage
channels would require approval from the Engineering Division and the
Flood Control Division of the Harris County Public Infrastructure
Department.
Wetlands Finding and Notification: As required by Executive Order
11990 (Protection of Wetlands), the FAA and NASA are providing Notice
that the Proposed Action and the other Build Alternatives would involve
new construction in wetlands. The FAA and NASA have reached a
preliminary determination that construction in wetlands could not be
avoided because of the linear nature of the proposed project. The
Proposed Action and the other Build Alternatives include all
practicable measures to avoid and minimize harm to wetlands. In
addition, the Applicants have proposed a conceptual mitigation plan to
compensate for the unavoidable impacts to wetlands, which includes
restoration, creation, and preservation of wetlands.
Joint 404/401 Permit Application: The Applicants have submitted a
Joint Permit Application under Section 404/401 of the Clean Water Act
to the U.S. Army Corps of Engineers (USACE). The USACE will issue a
Public Notice on the Joint Permit Application. For information on the
Applicants' Joint Permit Application contact: John Machol, U.S. Army
Corps of Engineers, Regulatory Branch, CESWG-PE-R, Jadwin Building,
2000 Fort Point Road, Galveston, TX 77550.
Public Availability: The entire Draft EIS is available on the
Board's Web site (http://www.stb.dot.gov) in a downloadable format by
clicking on the ``Decisions & Notices'' button and searching by Service
date or Docket Number. The Draft EIS will be listed as an Environmental
Review under the ``TYPE'' category. Because of the size of the
document, distribution of the entire Draft EIS has been limited to
governmental agencies, elected officials, community groups, and parties
of record. This Notice of Availability has been distributed to over
1,000 other interested parties, including private citizens.
SEA has also distributed the Draft EIS to the repositories listed
below and asked that the entire Draft EIS be made publicly available in
their reference section. A Spanish translation of the Executive Summary
of the Draft EIS will also be available at the repositories. Copies of
the Draft EIS in hardcopy or on CD-ROM and the Executive Summary
translation are also available by calling the toll-free number at 1-
888-229-7857.
San Jacinto College, Central Campus Library
8060 Spencer Highway, Pasadena, TX 77505, (281) 476-1850.
San Jacinto College, North Campus Library
5800 Uvalde Street, Houston, TX 77015, (281) 459-7116.
San Jacinto College, South Campus
13735 Beamer Road, Houston, TX 77089, (281) 922-3416.
University of Houston, Clear Lake Campus, Alfred Neumann Library
2700 Bay Area Boulevard, Houston, TX 77058, (281) 283-3930.
Freeman Memorial Branch Library
16602 Diana Lane, Houston, TX 77062, (281) 488-1906.
Harris County Public Library, Evelyn Meador Branch
2400 N. Meyer Road, Seabrook, TX 77586, (281) 474-9142.
Harris County Public Library, South Houston Branch
607 Avenue A, South Houston, TX 77587, (713) 941-2385.
[[Page 72720]]
Pasadena Public Library, Fairmont Branch
4330 Fairmont Parkway, Pasadena, TX 77504, (713) 998-1095.
Pasadena Public Library, Main Branch
1201 Jeff Ginn Memorial, Pasadena, TX 77506, (713) 477-0276.
Deer Park Public Library
3009 Center Street, Deer Park, TX 77536-7099, (281) 478-7208.
Houston
500 McKinney Avenue, Houston, TX 77002, (713) 247-2222.Public
Library
Park Place Regional Library
8145 Park Place Boulevard, Houston, TX 77017, (832) 393-1970.
Patricio Flores Library
110 North Milby Street, Houston, TX 77003, (832) 393-1780.
Melcher Branch Library
7200 Keller, Houston, Texas 77012, (832) 393-2480.
Bracewell Branch Library
10115 Kleckley, Houston, Texas 77075, (832) 393-2580.
Tuttle Branch Library
702 Kress, Houston, Texas 77020, (832) 393-2100.
Stanaker Branch Library
611 S/Sgt. Macario Garcia, Houston, Texas 77011, (832) 393-2080.
Liberty Municipal Library
Geraldine D. Humphreys Cultural Center, 1710 Sam Houston Avenue,
Liberty, TX 77575, (936) 336-8091.
Sam Houston Regional Library
Archives & Information Services, FM 1011, Liberty, TX 77575, (936)
336-9921.
Dayton Library
307 West Houston, Dayton, TX 77535, (936) 258-7060.
Crosby Branch Library
135 Hare Road, Crosby, TX 77532-8895, (281) 328-3535.
Lee College Library
15010 FM 2100 Road, Crosby, TX 77532, (281) 328-1111.
Austin Memorial Library
220 South Bonham, Cleveland, TX 77327, (281) 592-3920.
Kingwood Branch Library
4102 Rustic Woods Drive, Kingwood, TX 77345, (281) 360-6804.
Kingwood College Library
20000 Kingwood Drive, Kingwood, TX 77339, (281) 312-1693.
Public Comment: Written comments on the Draft EIS must be
postmarked or faxed by January 27, 2003. The public and any interested
parties are encouraged to make written comments on all aspects of this
Draft EIS. SEA will consider all comments in preparing the Final EIS
and the Final EIS will respond to all substantive comments. When
submitting comments on the Draft EIS, please be as specific as possible
and substantiate your concerns and recommendations. Please mail written
comments to: Surface Transportation Board, 1925 K Street, NW.,
Washington, DC 20423-0001,
To ensure proper handling of your comments, please mark your
submission: Attention: Dana White, Section of Environmental Analysis,
Environmental Filing FD No. 34079.
Due to delays in the delivery of mail currently being experienced
by Federal agencies in Washington, DC, SEA encourages that comments be
faxed to 1-866-293-4979. Faxed comments will be given the same weight
as mailed comments; therefore, persons submitting comments by fax do
not have to also send comments by mail.
Further information about the project can be obtained by calling
SEA's toll-free number at 1-888-229-7857 (TDD for the hearing impaired
1-800-877-8339).
Public Meetings: In addition to receiving written comments, SEA
will host two public meetings on the Draft EIS. At each meeting, SEA
will give a brief presentation and interested parties will be invited
to make oral comments. SEA will have a transcriber present to record
the oral comments in either English or Spanish. Written comments may
also be submitted at the meetings. Meetings will be held at the
following locations, dates, and times:
Pasadena Convention Center, 7902 Fairmont Parkway, Pasadena, TX,
January 14, 2003, 7--9 p.m.
Cesar E. Chavez High School, 8501 Howard Drive, Houston, TX, January
15, 2003, 7--9 p.m.
Both meetings will follow the same format and agenda; it is not
necessary to attend both meetings.
Pre-Registration for Public Meetings: Persons wanting to speak at a
public meeting are strongly urged to pre-register by calling the toll-
free Environmental Hotline for this project at 1-888-229-7857 (TDD for
the hearing impaired 1-800-877-8339) and leaving their name, telephone
number, the name of any group, business, or agency affiliation, if
applicable, and the date of the meeting at which they wish to speak.
The deadline for pre-registration for all meetings is January 7, 2003.
Persons will be called to speak at each meeting in the order in
which they pre-registered. Those wishing to speak who did not pre-
register will be accommodated at each meeting as time allows. Those
wishing to speak at more than one meeting will also be accommodated as
time allows and after all others have had an opportunity to
participate. As SEA would like as many persons as possible to
participate and given that there will be a limited amount of time at
each meeting, all speakers are strongly encouraged to prepare summary
oral comments, and submit detailed comments in writing. SEA also
encourages groups of individuals with similar comments to designate a
representative to speak for them. A translator will be available at
both meetings for Spanish-speakers wishing to speak.
The Web site for the Surface Transportation Board is
www.stb.dot.gov.
Decided: November 20, 2002.
By the Board, Victoria Rutson, Chief, Section of Environmental
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 02-30907 Filed 12-5-02; 8:45 am]
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