![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Finding of No Significant Impact and Summary Environmental Assessment; Brownsville/Matamoros West Rail Relocation Project--Cameron County, TX
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 25, 2004 (Volume 69, Number 122)]
[Notices]
[Page 35698-35703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn04-146]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 4750]
Finding of No Significant Impact and Summary Environmental
Assessment; Brownsville/Matamoros West Rail Relocation Project--Cameron
County, TX
The proposed action is to issue a Presidential Permit to Cameron
County, Texas (the ``Sponsor''), for the Brownsville/Matamoros West
Rail
[[Page 35699]]
Relocation Project (``West Rail Project''), which will include the
construction, operation and maintenance of an international rail bridge
across the Rio Grande River from Brownsville, Texas to Matamoros,
Mexico.
I. Background
The Department of State is charged with the issuance of
Presidential Permits for the construction of international bridges
between the United States and Mexico under the International Bridge Act
of 1972, 33 U.S.C. 535 et. seq., and Executive Order 11423, 33 FR 11741
(1968), as amended by Executive Order 12847 of May 17, 1993, 58 FR
29511 (1993), Executive Order 13284 of January 23, 2003, 68 FR 4075
(2003), and Executive Order 13337 of April 30, 2004, 69 FR 25299
(2004).
A draft environmental assessment of the proposed West Rail Project
was prepared by Raba-Kistner Consultants, Inc. and HNTB, Inc. on behalf
of the Presidential Permit applicant, Cameron County, Texas, under the
guidance and supervision of the U.S. Department of State (the
``Department''). The Department placed a notice in the Federal Register
(68 FR 141 (July 23, 2003)) regarding the availability for inspection
of Cameron County's permit application and related documents. No
comments were received in response to this notice.
Consistent with its regulations for the implementation of the
National Environmental Policy Act (``NEPA'') and in the context of its
responsibilities with respect to Presidential permits, the Department
has conducted its own, independent review of the draft environmental
assessment. Numerous Federal and non-federal agencies have also
independently reviewed the draft environmental assessment, offered
comments and/or qualifications, and approved or accepted the draft
environmental assessment. These ``cooperating agencies'' are: the
Department of Commerce, the Department of Defense (U.S. Army Corps of
Engineers), the Department of Homeland Security (Bureau of Customs and
Border Protection, the Federal Emergency Management Agency, and the
United States Coast Guard), the Department of Health and Human Services
(Food and Drug Administration), the Department of the Interior (Fish
and Wildlife Service), the Department of Justice, the Department of
Transportation (the Surface Transportation Board, Federal Highway
Administration, Federal Railway Administration), the Department of
State, the Environmental Protection Agency, the Council of
Environmental Quality, the General Services Administration, the
International Boundary and Water Commission, the State of Texas, Texas
Parks and Wildlife Department, the Texas Historical Commission, and the
Texas Commission on Environmental Quality. All comments received by
these cooperating agencies were responded to directly by the Sponsor or
Raba-Kistner Consultants, Inc., including by expanding the analysis
contained in the draft environmental assessment and/or through the
development of appropriate mitigation measures.
The Sponsor has worked closely with the Federal and state agencies
that have participated in the environmental assessment to address their
concerns about the possible environmental impacts of this project. The
results of Cameron County's meetings and other contacts with agencies
were recorded in correspondence and described in the draft
environmental assessment and addenda. After examining six alternatives
rail routes, Cameron County ultimately proposed the preferred alignment
that sought to minimize direct and indirect impacts to the human
environment and that represented lower design and construction costs.
The draft environmental assessment, as amended and supplemented,
together with the comments submitted by Federal and state agencies,
responses to these comments, and all correspondence between the
agencies and the Sponsor addressing the agencies' concerns, constitute
the final environmental assessment.
Based on the final environmental assessment, including mitigation
measures that Cameron County has or is prepared to undertake,
information developed during the review of Cameron County's application
and comments received from Federal and state agencies, and the
Department's independent review of that assessment, the Department has
concluded that issuance of the Presidential Permit authorizing
construction, operation and maintenance of the West Rail Bypass and
international railway bridge would not have a significant impact on the
quality of the human environment within the United States. Accordingly,
a Finding of No Significant Impact (``FONSI'') is adopted and an
environmental impact statement will not be prepared, in accordance with
the National Environmental Policy Act, 42 U.S.C. 4321 et seq., Council
of Environmental Quality Regulations, 40 CFR 1501.4 and 1508.13, and
with Department of State Regulations, 22 CFR 161.8(c).
II. Summary Environmental Assessment
A. The Proposed Project
Cameron County, Texas has applied to the Department for a
Presidential permit authorizing the relocation of the Union Pacific
Railroad (UPRR) line approximately 6 miles west of the City of
Brownsville, Texas and the construction of a new international rail
bridge approximately 15 river miles upstream of an existing rail
bridge, which together constitute the West Rail Relocation Project. A
single rail line will be constructed from the existing rail junction
adjacent to U.S. Highway 77/83 and run to the Rio Grande River. It will
claim a minimum right of way of 100 feet. Union Pacific Railroad (UPRR)
will assume control of the new rail line once construction has been
completed. UPRR will maintain operating rights to the new rail line in
the United States. It is anticipated that, upon completion of the
project, the Sponsor will request the Department of State to transfer
the permit to the B&M Bridge Company, which will take over ownership of
the U.S. portion of the international rail bridge.
The West Rail project involves the construction of a new
international rail bridge that will pass over International Boundary
and Water Commission (IBWC) levees and the Rio Grande River and into
Matamoros, Tamaulipas, Mexico. The single-track bridge will span the
Rio Grande River's floodway located between the flood control levees of
the U.S. and Mexican sections of land managed by the IBWC. The proposed
bridge will be located approximately at Rio Grande River Mile 71.7 and
have a total span of 2,940 linear feet. The length of the U.S. portion
of the bridge is approximately 840 feet. The bridge design will include
a vertical clearance above the levees in accordance with IBWC
requirements.
The rail bridge design, structure, and construction will adhere to
UPRR engineering standards. An approach embankment will terminate at
the north right of way of U.S. Highway 281and tie into the abutment of
the international rail bridge. The bridge will cross U.S. Highway 281
at a minimum elevation of 16.5 feet and continue over the IBWC levee
and the Rio Grande River. Provisions for future widening of U.S.
Highway 281 will be included in the design. A geotechnical study will
determine the necessary bridge foundations and spacing of the columns
for each pier. Schematics reflect the design flood elevation based on a
flood flow of 20,000 cubic feet per second for this reach of the river.
In addition, an 8
[[Page 35700]]
feet 3 inch, curved, chain-linked fence will be constructed at the
edges of the bridge's superstructure to prevent pedestrian falls and
illegal immigration. There will be no illumination under the bridge.
Gate controls across the bridge will also be included. Land areas below
the bridge will be replanted according to United States Fish and
Wildlife Service (USFWS) specifications.
The engineering design phase will include hydraulic studies of the
Rio Grande River that will be completed upon the issuance of a
Presidential Permit. The hydraulic studies will assess the hydraulic
impact of the bridge on the river flow and the impact of a potential
relocation of the levee in Mexico to a location nearer to the river and
will be presented to the U.S. and Mexican sections of the IBWC for
review.
As the project involves the construction of an international rail
bridge, the Department of Homeland Security has been consulted
regarding border control and inspection needs. The Department of
Homeland Security and the General Services Administration have outlined
guidelines for the construction of all facilities related to the West
Rail project, and Cameron County has agreed to adhere to the criteria
in these guidelines.
The West Rail Project offers several advantages to communities of
Brownsville and throughout Cameron County, which include improvements
to the general human environment:
? Removal of the existing rail system from residential and
downtown areas of Brownsville and Matamoros, thereby improving safety
and reducing congestion and noise.
? Elimination of at-grade road crossings, reducing air
pollution from vehicles idling while awaiting passage of trains.
? Creation of improved transportation corridors to handle
traffic volumes more efficiently and allow for the redevelopment of the
city's downtown area.
? Greater competitiveness, given the reduction in rail
freight travel time between Brownsville and Monterrey, Mexico by
approximately 2\1/2\ hours and the elimination of heavy traffic
conditions at peak travel times.
? Facilitation of expected economic growth in the
Brownsville area.
? Reduction in the community's immediate exposure to
potential derailment-related Hazmat accidents and railcar explosions.
B. Alternatives Considered
In its review, the Department considered 6 alternatives described
in detail in the draft environmental assessment and in a summary
fashion below:
1. (The Project) Originates at the rail intersection adjacent to
U.S. Highway 77/83, proceeds west, just north of the Resaca de la Palma
wildlife refuge, turns south, passing 2,000 feet west of the World
Birding Center, and crosses U.S. Highway 281 and the Rio Grande River.
2. Originates at the rail intersection adjacent to U.S. Highway 77/
83, proceeds west, circumnavigating the Resaca de la Palma wildlife
refuge further to the north than Alternative 1. The route then turns
south, passing 2,000 feet west of the World Birding Center and crosses
U.S. Highway 281 and the Rio Grande River.
3. Originates at the rail intersection adjacent to U.S. Highway 77/
83 and continues west, north of the Resaca de la Palma wildlife refuge,
proceeds an additional 3 miles, then turns south, crossing U.S. Highway
281 and the Rio Grande River.
4. (a), (b). Both Alternatives 4a and 4b originate at the rail
intersection adjacent to U.S. Highway 77/83 and proceed south between
the Resaca de la Palma refuge and the Cameron County Irrigation
District Main Reservoir. At this point, Alternative 4a continues over
U.S. Highway 281 and the Rio Grande River. Alternative 4b turns and
proceeds west, south of the World Birding Center, along the same
alignment as Alternative 1, crossing U.S. Highway 281 and the Rio
Grande River.
5. Originates at the rail intersection adjacent to U.S. Highway 77
and proceeds north to the town of Rancho Viejo using existing rail
lines. North of Rancho Viejo, the route turns southwest, then due
south, and proceeds across U.S. Highway 281 and the Rio Grande River.
This route abuts the western boundary of the World Birding Center.
6. The ``No Build'' Alternative: The international rail bridge is a
common design element to all of the considered alternatives, other than
the ``No Build'' alternative.
Alternative 2 was viewed as not preferred because it required
approximately 51 additional acres of prime farmland. It would further
require two grade separations for the future Merryman Road, a major
street on the Brownsville thoroughfare plan.
Alternative 3 was viewed as not preferred because it would require
the acquisition of additional acreage of prime farmlands (approximate
96 acres), a grade separation at the future FM 1421, a skewed overpass
crossing at U.S. Highway 281, increased international bridge length
(total of 0.19 miles), the displacement of 4-5 residential structures,
the bisection of a residential community, and the location of 132
residences within 1,000 feet of the proposed rail line.
Both Alternatives 4a and 4b were viewed as not preferred for the
reasons stated below. Alternative 4a, with a railroad embankment on the
west side of the Cameron Country Irrigation District main reservoir,
would require, at minimum, sheet pilings along the west side of the
reservoir for approximately 2,100 linear feet. A geotechnical analysis
may reflect the need to complete bridging along a greater section of
the reservoir. The pilings, estimated to reach depths of 50 feet below
grade surface, would add costs of approximately $3.15 million to the
project in addition to the costs of installing the embankment, ballast,
and rail tracks. The alignment would continue south across U.S. Highway
281 and bisect the Riverbend Subdivision and the Villa Nueva Community.
The U.S. Highway 281 overpass would add approximately $5 million,
according to the Texas Department of Transportation. From U.S. Highway
281 the rail line would proceed with a vertical rise of 15 feet over
the IBWC levee and remain elevated across the floodway leading to the
Rio Grande River. This segment across the floodway would add
approximately $12 million. Construction of this alternative would
encroach on the eastern boundary of the World Birding Center. The Texas
Parks and Wildlife Department (TPWD) has opposed this route.
Alternative 4b would require, at minimum, sheet pilings along the
west side of the Cameron Country Irrigation District main reservoir for
approximately 2,100 linear feet. A geotechnical analysis may reflect
the need to complete bridging along a greater section of the reservoir.
The pilings, estimated to reach depths of 50 feet below grade surface,
would add costs of approximately $3.15 million to the project in
addition to the cost of installing the embankment, ballast, and rail
tracks. Rail bridges over U.S. Highway 281 and New Carmen Road would
include approximately 2,750 feet of additional railroad bridge compared
to Alternative 1 at an additional cost of $5.5 million. The
international rail bridge between the IBWC levee and the river would be
the same as that constructed under Alternative 1. An additional bridge
may be required for the Resaca crossing south of the Las Palmas
Wildlife Management Area.
[[Page 35701]]
Construction of this alternative would also encroach on the eastern
boundary of the World Birding Center. The TPWD has opposed Alternative
4b. Cameron County identifies another major difficulty with this
alternative is the diagonal crossing of privately owned land parcels
between U.S. Highway 281 and the wildlife management area.
Alternative 5 was not viewed as a preferred alternative because it
would involve increased travel time of trains from one switching yard
to another, required construction of two more overpasses, and would
bring the rail line with 1,000 feet of a significant number of homes.
Alternative 6, the ``No Build'' alternative, would leave the
existing rail system in place and achieve none of the described project
objectives. Potential industrial and commercial growth associated with
the West Rail Project would be curbed as the area would lack a safer,
more direct route to the major transportation corridor. At-grade rail/
roadway safety crossing issues would remain, as would traffic delays
and idling times for traffic and their associated emissions. Such
emissions are currently contributing to the degradation of air quality.
Train noise in the downtown Brownsville area would persist.
None of the above alternatives provided avoidance or mitigation of
any of the unavoidable impacts attributable to the selected project,
and in addition, created higher costs in terms of land usage and
overall costs. For this reason, the Department concluded that these
options were not preferred alternatives.
III. Summary of the Assessment of the Potential Environment Impacts
Resulting From the Proposed Action
The final environmental assessment provides detailed information on
the environmental effects of the construction and use of the
alternatives described above, including the proposed project. The
proposed project was determined to be the preferred alternative, in
view of the lower construction costs and the low extent of community
and environmental impact as compared to the other alternatives.
On the basis of the final environmental assessment, the Department
reached the following conclusions on the impact of construction of the
railway bypass and bridge at the proposed location:
Farmlands: The proposed project requires the acquisition of
approximately 46 acres of farmland that may be considered prime
farmland under the Farmland Protection Policy Act, 7 U.S.C. 4201, et
seq. The amount of farmland acquired does not include acreage to be
negotiated with the USFWS for the construction of a buffer zone north
of the World Birding Center, the dimensions of which have been
determined through consultation with the U.S. Fish and Wildlife
Service. The proposed project requires one at-grade crossing at New
Carmen Road. Right-of-way at this crossing will be secured by Cameron
County, should an overpass at this the site be desired in the future.
Wetlands: Given appropriate mitigation measures agreed to by the
Sponsor and coordination with appropriate Federal and state agencies,
the Department expects the proposed project's impact on wetland areas
to be negligible. Specific wetland impacts will be influenced by the
final bridge design selected for the several areas where the relocation
project will traverse waterways, such as the Resaca del Rancho Viejo,
Resaca de la Palma, and the Rio Grande. All wetland issues will be
coordinated with the appropriate federal and state agencies, as
outlined below. The construction plans will include a storm water
runoff protection plan to eliminate the introduction of exotic weedy
species. Much of the proposed route, according to the National Wetlands
Inventory (NWI), falls within upland agricultural areas. The final
environmental assessment estimates a total of 0.33 acres of wetlands
will be impacted by this project.
The project crosses two resacas (Resaca del Rancho Viejo and Resaca
de la Palma). Both are normally filled with water and may fall under
the jurisdiction of the U.S. Army Corps of Engineers (USACE). The
project will also cross various drainage and irrigation ditches. As
described in the final environmental assessment, wetland delineation
will be conducted as necessary in support of a Section 404 permit
issued pursuant to the Clean Water Act, 33 U.S.C. 1251, et seq., in
accordance with USACE and Department of the Army specifications.
As the project enters the engineering design phase, mitigation
measures regarding the impact on vegetative and aquatic habitats
falling within the project area--such as affected areas of the Resaca
Rancho Viejo and Resaca de la Palma--will be developed. This step will
involve coordination with the U.S. Army Corps of Engineers, the U.S.
Fish and Wildlife Service, and the Texas Parks and Wildlife Department
to not only protect defined jurisdictional wetlands but also to secure
necessary permits for crossing these areas.
Floodplains, Floods, and the River Channel: While the rail line and
international bridge will cross portions of an identified 100-year
shallow floodplain, negative impacts to the floodplain are not
expected.
The design for the international rail bridge requires a 15 feet
elevation above the floodplain of the Rio Grande River with bents
located in the floodplain itself. The bents are not expected to impede
the free flow of floodwater within the river or its levees. Flood
levels should remain unchanged.
The railway approach to the international bridge will be at grade
level. The design is anticipated to include free flow box culverts and/
or bridges at resacas and irrigation crossings. These features should
not impede the free flow of floodwaters. The design will include proper
slope drainage and free flow of waters off the railway surface to be
directed toward natural drainage gradients.
The project is not expected to require dredging, tunneling, or
trenching. Should the design call for the installation of bridge bents
in the river's channel, a temporary cofferdam may be used. Once the
bent installation is finished, all non-native materials in the channel
will be promptly removed.
Air Quality: While project-related activities, which may include,
but are not limited to, construction, demolition, repair, or
rehabilitation, are expected to create higher levels of dust and
airborne particles and involve additional exhaust emitted from
machinery and trucks, these impacts are expected to only be short-term
and should pose no significant impact upon general air quality.
Moreover, the project will include best management practices (BMP) to
mitigate fugitive dust emissions throughout the construction process.
For dust control, timely application of water will be used as
necessary, or as excessive emissions are produced.
The West Rail Project lies within the Brownsville-Laredo Intrastate
Air Quality Control Region (AQCR 213), which is in attainment of
National Air Quality Standard air pollutants. Therefore, the Texas
Commission on Environment Quality (TCEQ) in a letter dated March 21,
2003 contained in Appendix D of the Environmental Assessment indicated
that no special measures need to be taken in regards to this project
other than standard dust mitigation techniques by the construction
contractors.
Listed, Threatened, and Endangered Species: Several listed and
endangered species could potentially be impacted by the project. To
mitigate these impacts, the Department expects the Sponsor to comply
with a series of
[[Page 35702]]
recommendations from the USFWS and the TPWD.
Two species of federally protected cats, the ocelot and the
jaguarundi, are found in the general project region along with one bird
species, the Northern aplomado falcon, and two plant species, the Texas
Ayenia and the South Texas Ambrosia. Surveys of the project site,
however, found that vegetation there is less dense than in areas
typically occupied by those species. Therefore, their regular presence
within the immediate project area is considered unlikely. In addition
to federally listed species, 15 state-listed, threatened, or endangered
species may use portions of the project route because of the presence
of potentially suitable habitat.
In letters contained in Appendix C of the environmental assessment
and in subsequent correspondence, the USFWS and TPWD made a number of
recommendations with which Cameron County has agreed to comply. These
include replanting with native species disturbed areas of vegetation
and trees, fulfillment of the World Birding Center Revegetation
Mitigation Plan (Appendix L of the draft Environmental Assessment), a
monitoring program with annual reports to USFWS on fulfillment of
Revegetation Mitigation Plan, use of specific train operating
procedures to minimize train noise, and ownership by Cameron County in
perpetuity of the buffer zones and Right of Ways for the rail line and
placement in the deeds for these areas restricted conditions regarding
future clearing, construction and development. Additionally a qualified
biologist, as provided for in the draft environmental assessment, will
survey the project area prior to construction to determine if state and
federally-listed, threatened, or endangered species are present. If
encountered, these species will be relocated to avoid any direct
impact. Record of exotic species removed from the area will be
documented, as requested by the Texas Parks and Wildlife Department. In
light of the Migratory Bird Treaty Act and population decline of many
migratory bird species, the Department expects that precautions will be
taken throughout the construction process to avoid or minimize the loss
of critical vegetation during migratory bird's general nesting season
from March through September. In conformance with the Act, a survey
will be conducted to identify nesting sites and species prior to
construction near the Resaca de la Palma refuge, thus avoiding
inadvertent destruction of nests, eggs, etc.
Habitat and Vegetation: The construction phase will cause some loss
of habitat and clearing of vegetation. Approximately 18 acres of wooded
and scrub vegetation will be cleared, particularly along the Resaca de
la Palma wildlife refuge where mature mesquite, huisache, and spiny
hackberry trees will be removed throughout the 100 feet right of way.
The use of defoliating agents and/or herbicides is not anticipated.
Cameron County, throughout the project, has coordinated closely
with USFWS and TPWD on the re-vegetation of disturbed areas. As a
consequence, mitigation efforts will include the revegetation of areas
along the project route and the creation of a buffer zone between the
railway and the Resaca de la Palma refuge. North of the refuge, the
County will implement the ``World Birding Center Revegetation
Mitigation Plan, Appendix L of the draft environmental assessment, to
minimize noise and visual impacts and create further bio-diversity in
regards to the future World Birding Center. This plan calls for the
creation of a 13-acre mitigation area sited 30 ft north of Lower Rio
Grande National Wildlife Refuge (LRGV-NWR). This mitigation area will
include approximately a 6.5-acre vegetative area and an approximately
6.5 acre clear zone. The Mitigation Plan seeks to increase diversity in
the current cultivated land by the addition of woody deciduous tree and
shrub diversity, and improve the visual aesthetics of the project and
reduce its noise impact. The area encompassed by the mitigation plan
and the railway right-of-way will remain under the ownership of Cameron
County, and that deed restriction as far as clearing, construction and
future development will be filed with the County Clerk to remain in
perpetuity.
Potential Land Use Conflicts: The Department examined long- and
short-term concerns relating to land use and determined that the
project will be consistent with defined land usage. The proposed
project requires the least acreage and minimizes impact to the land,
compared to other alternatives, and largely avoids community and
residential areas. The draft environmental assessment notes that
roughly 75% of the land falling within the project area has already
been altered by human activities. Development and construction phases
of the project are expected to alter land forms and will temporarily
modify the natural drainage pattern throughout the project area.
Land types to be used in this project include levee areas of the
Rio Grande River, scrubland, and farmland. The project should not cause
significant impact to the levee area or agricultural lands. Access to
agricultural land will remain open.
Projected acquisitions include private land. No relocations or
displacement of homes or businesses will be necessary. The acquisition
of private lands will be limited to the requirements of the project,
such as the 100 to 300 feet right of way for the railway, the
international rail bridge, and any roadway overpasses. Upon completion
of the project, lands acquired through the project will be transferred
to Union Pacific Railroad (UPRR).
Alteration of land and the removal of vegetation are not expected
to affect erosion within the general project area greater than any
similar construction project. Measures will be adopted as fully as
possible throughout the construction period to minimize erosion,
including undertaking construction in dry seasons and completion of
Storm Water Pollution Prevention Plan, compliance with requirements
imposed by the U.S. Army Corps of Engineers and other agencies,
returning disturbed lands to their previous contours, and revegetation
efforts. The TPWD has issued recommendations to moderate erosion,
including the use of weed free hay bales and silt screens to prevent
siltation into wetlands, which the Sponsor has committed to undertake.
Historical and Archeological Resources: A survey conducted by
Anthony and Brown Consulting and approved by the Texas Historical
Commission indicates that no archeological or historical sites will be
impacted by the proposed project. One archeological site, 41CF185, was
found, but it is completely destroyed and is neither eligible for the
National Register of Historic Places nor for designation as a State
Archeological Landmark. No evidence of buried prehistoric sites was
found.
Cameron County made a ``reasonable and good faith'' effort to
identify Native American groups that may have historical ties to the
area and to invite these groups to participate in the consultation
process, in accordance with the Native American Graves Protection and
Repatriation Act, Executive Order 12875, and the Advisory Council for
Historic Preservation. Using the Native American Consultation Database,
maintained by the Department of the Interior, no federally recognized
Native American groups were identified.
Water Quality: Significant impacts to current water supply and use
are not anticipated, nor are adverse effects to
[[Page 35703]]
the interbasin transfer of ground water. Impacts to the quality of
storm water run off, surface water, and ground water will be minimal.
Noise: The Department identified two broad categories of noise
resulting from the proposed project: short-term construction-related
noise and longer-term noise associated with passing trains and horn
blasts. The proposed project is located within a sparsely populated
area of Cameron County (the draft environmental assessment notes only
two residential structures within 1,000 feet of the construction).
However, portions of the Resaca de la Palma wildlife refuge and World
Birding Center may be affected by noise related to rail traffic, but
those impacts are not expected to be significant and will be minimized
by implementation of the World Birding Center Revegetation Mitigation
Plan.
While levels of construction noise will vary according to the
nature of the construction work in progress, such noise is expected to
be short term and will not exceed noise limits imposed by federal,
state, and local laws and ordinances.
Noise resulting from rail traffic is not expected to have a
significant impact on the surrounding environment, including the Resaca
de la Palma wildlife refuge and the World Birding Center. A horn noise
analysis conducted for the New Carmen Road at-grade crossing indicates
that horn noise will not have any impact on the surrounding
environment, as defined by the FTA (Federal Transit Administration).
Similarly, interim criteria for the threshold of disturbance for
birds established by the FTA will not be exceeded either by regular
train traffic or by train horns.
While a USFWS standard for peak hour noise will be slightly
exceeded, the impact is not expected to be significant since the noise
level will not exceed the USFWS limit 200 feet from the tracks and
highway noise in the area frequently is recorded well above the USFWS
peak hour noise level. Noise impacts will also be minimized by a ban
against trains idling on the tracks, and maintenance of minimum speed
of trains passing through the area of approximately 40 mph.
It should be noted that the proposed project will reduce noise
levels along the existing corridor significantly, an important benefit
for the higher numbers of homes located on the existing corridor.
Environmental Justice/Socio-Economic Concerns: In accordance with
Executive Order 12898 of February 11, 1994, the project is not expected
to have a disproportionate impact on the minority or low-income
communities in the immediate vicinity of the project, in view the of
location of the project and the sparsely-populated nature of the land.
Energy Requirements and Conservation Potentials: The construction
of the proposed project should be considered as a short-term use of the
environment during which energy and labor will be expended. This energy
cost will, in the long-term, be offset by reduced vehicle congestion in
downtown Brownsville and the more efficient movement of commerce and
cargo between the United States and Mexico.
Any Irreversible and Irretrievable Commitment of Resources: The
project has not involved irreversible and irretrievable commitment of
resources.
Health and Safety: The project should contribute to the health and
safety of the Brownsville community through lessening vehicle
emissions, reducing the potential for vehicle-train collisions at
existing at-grade crossings, and minimizing the potential for the
railroad accidents in densely-populated areas involving hazardous
materials.
Cumulative Impacts: The Department also considered cumulative
environmental impacts resulting from the project.
As stated above, the proposed project will improve the quality of
life for city and area residents by (a) the relocation of rail lines
outside the Brownsville; (b) the reduction of vehicle waiting times and
improvement of air quality in the downtown sections of the city; (c)
the reduced impact of train noise to city residents; (d) the diversion
of the transport of hazardous cargo from downtown Brownsville to less
populated areas outside the city; and, (e) the elimination of numerous
at-grade crossings.
Environmental disruption throughout the construction process and in
the operation of the rail line will be minimized through appropriate
mitigation measures, discussed above, and coordination between Cameron
County with Federal and state agencies such as the IBWC, USACE, USFWS,
and TPWD in the development and implementation of those mitigation
measures.
IV. Conclusion: Analysis of the Final Environmental Assessment
On the basis of the final environmental assessment, information
developed during the review of the Cameron County's application and
environmental assessment, and comments received, a Finding of No
Significant Impact (``FONSI'') is adopted and an environmental impact
statement will not be prepared.
The Final Environmental Assessment prepared by the Department
addressing this action is on file and may be reviewed by interested
parties at the Department of State, 2201 C Street NW, Room 4258,
Washington, DC (Attn: Mr. Dennis Linskey, Tel 202-647-8529).
Dated: June 18, 2004.
Dennis Linskey,
Coordinator, U.S.--Mexico Border Affairs, Office of Mexican Affairs,
Department of State.
[FR Doc. 04-14468 Filed 6-24-04; 8:45 am]
BILLING CODE 4710-29-P