GBCPA Press Release
FOR IMMEDIATE RELEASE  
April 28, 2003
CONTACT: Katie Chimenti, 281-326-3343
Nancy Edmonson 281-471-4567

Bayport Permit Illegal

The permit Texas City received last week to build a new container port at Shoal Point should mean that no permit can now legally be issued for a new port at Bayport, according to the Galveston Bay Conservation and Preservation Association (GBCPA).
     "In the Bayport permit application, Texas City is among the alternative sites under consideration for a regional container port," said GBCPA Vice Chair Katie Chimenti. "Texas City has been issued its permit by the U.S. Army Corps of Engineers. We submit that in view of this, the Bayport project is now moot."
     Under the guidelines of the Environmental Protection Agency, a permit cannot be issued unless the site selected produces the least damage to the environment among the viable alternative locations.
    "The U.S. Army Corps of Engineers has found that Shoal Point is the least environmentally damaging site in the Record of Decision on the Texas City application," said GBCPA Chair Jim Blackburn. "Because Shoal Point is also an alternative to the Bayport project, the Corpsı finding in one application should be binding in the other, thereby prohibiting the issuance of the Bayport project permit under the 404(b)(1) guidelines."

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     The Port of Houston Authority formally filed its application for a permit to build at Bayport nearly five years ago, on October 8, 1998. Since then the Port has submitted several revised permit applications.
     A "scoping meeting" to identify issues of concern on the proposed Bayport project--part of the Environmental Impact Statement process--was held in August of 1999. It drew an unprecedented crowd of close to 3,000 people, most of them sharply opposing the plan.
    As work progressed on the draft EIS for Bayport, Shoal Point in Texas City was viewed as a prime alternative because it consists of dredge spoil and would thus avoid having any impacts on natural coastal prairie and wetlands. It is also flanked by industry and remote from residential development, meaning that traffic and air quality impacts recede in importance.
    In April of 2000 Texas City submitted its own application for a permit to build a container port at Shoal Point on the Texas City Ship Channel. This placed the Corps in the unaccustomed position of having the same alternative sites under consideration in two permit applications.
    Attendance at the scoping meeting for the Texas City EIS amounted to only 200 people. Even those who expressed concerns also indicated their support of the project and their appreciation for the spirit of openness surrounding it.
    Since private investors are backing the Texas City plan, it does not require public funding. The investors partnering with Texas City are Stevedoring Services of America and Americana Ships.  The Port of Houston Authority, however, is relying upon port bonds supported by property tax dollars to build its proposed mega-container port at Bayport.

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     In a letter to the Corps of Engineers, Texas City Mayor Carlos Garza said the City "has consciously endeavored to keep the public informed on the project and encourage public comment." He gave the Corps explicit authority to make available to the public all data related to the EIS and the permitting process. By contrast, citizens have often struggled to get clear information about the Bayport plan from the Port and the Corps of Engineers.
     "Notice that while the Port of Houston Authority has been spending plenty of money on public relations, itıs Texas City that gets the permit," said Chimenti. "It has been just three years from Texas Cityıs application to the issuing of the permit last week. All indications are that there is plenty of substance to our claim that a permit for Bayport would now be illegal."

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Galveston Bay Conservation and Preservation Association
P.O. Box 323, Seabrook, Texas 77586
Phone: 281-326-3343
Website: www.gbcpa.net
E-mail:  gbcpa@ev1.net