December 22, 2016

PUBLIC NOTICE (3-16)

BRIDGE PERMIT AMENDMENT APPLICATION TO CONSTRUCT A REPLACEMENT BRIDGE OVER SAN BERNARD

RIVER, MILE 20.7, NEAR SWEENY, BRAZORIA COUNTY, TEXAS

All interested parties are notified that an application from THE UNION PACIFIC RAILROAD has been received by the Commander, Eighth Coast Guard District, for approval of the enclosed plans to construct a replacement bridge over a navigable waterway of the United States. WATERWAY AND LOCATION: The proposed replacement bridge would be constructed over the San Bernard River, mile 20.7, near Sweeny and Brazoria, Brazoria County, Texas. CHARACTER OF WORK: THE UNION PACIFIC RAILROAD (UPRR) proposes a bridge project to construct a replacement of an existing railroad swing bridge on the same railroad alignment over the same reach of the San Bernard River with approach spans and a new vertical lift bridge. The existing bridge is located at railroad milepost (MP) 305.45, and supports commuter and freight-rail service. The replacement bridge project would take place in two phases-replacement of the substructure and then replacement of the superstructure. The alignment and grade of the tracks would remain. Additionally, the existing fender system, tender house and the concrete dolphin, which is located in the northeast quadrant of the fender system, would remain. Improvements to the existing access road would be improved; improvements would include some fill and clearing of vegetation. MINIMUM NAVIGATIONAL CLEARANCES: Existing: Proposed: Horizontal: 52.0 feet between fenders, Horizontal: 52.0 feet between fenders, Vertical: 16.95 feet above Mean High Water Vertical: 22.01 feet above MHW (MHW) elevation 5.67 feet NAVD 88, elevation 5.67 feet NAVD 88, in the closed- to-navigation position in the closed-to-navigation position Vertical: Unlimited clearance above MHW Vertical: 56.25 feet above MHW in the open-to-navigation position in the open-to-navigation position ENVIRONMENTAL CONSIDERATIONS: The United States Coast Guard, as lead federal agency for the proposed project, has reviewed the environmental report prepared by the applicant. Based on the report, the Coast Guard has tentatively determined that the proposed action will not have a significant impact on the environment for purposes of the National

Commander Eighth Coast Guard District Hale Boggs Federal Building

500 Poydras Street, Room 1313 New Orleans, LA 70130-3310 Staff Symbol: (dpb) Phone: (504) 671-2128 Fax: (504) 671-2133

D8DPBALL@uscg.mil

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Environmental Policy Act (NEPA), and a Coast Guard Categorical Exclusion will be prepared as the final environmental document for the proposed project because it satisfies criteria for such action listed in the Coast Guard's implementation instructions unless significant impacts are revealed by this public notification process to warrant the preparation of an environmental assessment or an environmental impact statement. It has been determined that the subject existing bridge is eligible for listing in the National Register of Historic Places (NRHP). The Coast Guard has solicited comments as part of the public involvement process under Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), as amended, as required under 36 Code of Federal Regulations Part 800 – Protection of Historic Properties. The Section 106 process is being conducted in consultation with the Texas Historical Commission, State Historic Preservation Officer (SHPO), representatives of the Coast Guard, the Union Pacific Railroad, along with Modjeski and Masters, Inc., Consulting Engineers, and CH2M, and the aforementioned parties are coordinating to complete a Memorandum of Agreement (MOA). No bridge permit will be issued until completion and signature of the MOA. Construction is in a floodplain with a 100-year flood elevation of 19.79 feet, North American Vertical Datum 88 (NAVD88). The applicant performed a wetland delineation, and one wetland was identified in the project area in the east-west drainage located parallel to the UPRR right-of0way. The applicant states that “this wetland will be avoided during construction and industry-standard best management practices will be used during construction to avoid potential indirect effects. No significant effects on public utilities, fire protection or other emergency services are anticipated. No relocations of businesses or residences will be required. The applicant states that the project will have no adverse impact on minority or low-income populations. Comments regarding such possible impacts are solicited. Water Quality Certification (WQC) is required in accordance with Section 401 of the Clean Water Act. The proposed project is expected to receive WQC under a U.S. Army Corps of Engineers Nationwide Permit (NWP) Number 15. The Texas Commission on Environmental Quality (TCEQ) has conditionally certified that the activities authorized by a USACE NWP 15 should not result in a violation of established Texas Surface Water Quality Standards as required by Section 401 of the Federal Clean Water Act and pursuant to Title 30, Texas Administrative Code, Chapter 279. Conditions for a NWP 15 include requirements that sedimentation and erosion control measures are to be instituted at the project site. According to the Environmental Protection Agency (EPA), Brazoria County has been determined to be in nonattainment status for 2016 for the following pollutant: 8-hour ozone (2008). TCEQ reviewed the project and furnished a letter dated July 20, 2016, that stated that given the current classification of Brazoria County, general conformity rules apply. TCEQ furnished the following statement: “[t]he two primary precursors to ozone formation are volatile organic compounds (VOCs) and nitrogen oxides (NOx). A general conformity analysis may be required when a project results in an emissions increase of 100 tons per year or greater for either VOCs or NOx. Because the emissions from this proposed project are expected to be below these thresholds, it is not anticipated to impact the state implementation plan; therefore a general conformity analysis is not required. Any debris or waste disposal should be at an appropriately authorized disposal facility”

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The applicant has made the determination that the proposed project “does not appear to pose a significant risk to federally-listed threatened and endangered species” and forwarded a request for comments to the United States Fish and Wildlife Service (USFWS) and the Texas Parks and Wildlife Department (TPWD). TPWD provided a response letter of March 15, 2016, in which it provided recommendation for implementation into the project design and construction. If necessary, any further coordination with USFWS will be completed prior to issuance of this permit. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Given that the proposed project exists within tidally influenced waters, it may have an impact on EFH or federally managed fisheries. The Coast Guard’s final determination, relative to the project impacts and the need for mitigation measures, is subject to review by and coordination with the U. S. National Marine Fisheries Service. The proposed project is located in Brazoria County, which is within the Texas Coastal Zone Management Program (TCMP) area. The Texas General Land Office, Coastal Resources Program relayed in a letter dated April 4, 2016, that it has determined that the proposed project “will likely not have adverse impacts on coastal natural resource areas in the coastal zone and is consistent with the goals and policies of the TCMP. However siting and construction should avoid and minimize impacts to CNRAs. If a U.S. Army Corps of Engineers permit is required, it will be subject to consistency review under the [TCMP].” SOLICITATION OF COMMENTS: Interested parties are requested to express their views to the Coast Guard, in writing, giving sufficient details to establish a clear understanding of reasons for support or opposition. Geri Robinson is the Bridge Management Specialist assigned to this project. The public notice comment period is being extending by twenty-one (21) additional days to provide an opportunity for the public to comment after an internet hyperlink problem. Comments will be received at the Eighth Coast Guard District, Bridge Administration Branch, at the address given in the letterhead through January 17, 2017. //s// DAVID M. FRANK Chief, Bridge Administration Branch By direction of the Commander Eighth Coast Guard District This is a web-searchable copy and it is not the official, signed version; however, other than the signature being omitted, it is a duplicate of the official version.