Voestalpine Essential Fish Habitat Assessment for PSD Greenhouse Gas Permit

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Voestalpine Essential Fish Habitat Assessment for PSD Greenhouse Gas Permit Essential Fish Habitat Assessment: Texas Project Site voestalpine Stahl GmbH San Patricio County, Texas January 31, 2013 www.erm.com voestalpine Stahl GmbH Essential Fish Habitat Assessment: Texas Project Site January 31, 2013 Project No. 0172451 San Patricio County, Texas Alicia Smith Partner-in-Charge Graham Donaldson Project Manager Travis Wycoff Project Consultant Environmental Resources Management 15810 Park Ten Place, Suite 300 Houston, Texas 77084-5140 T: 281-600-1000 F: 281-600-1001 Texas Registered Engineering Firm F-2393 TABLE OF CONTENTS LIST OF ACRONYMS IV EXECUTIVE SUMMARY VI 1.0 INTRODUCTION 1 1.1 PROPOSED ACTION 1 1.2 AGENCY REGULATIONS 1 1.2.1 Magnuson-Stevens Fishery Conservation and Management Act 1 1.2.1 Essential Fish Habitat Defined 2 2.0 PROJECT DESCRIPTION 4 2.1 PROJECT SCHEDULE 4 2.2 PROJECT LOCATION 4 2.3 SITE DESCRIPTION 5 2.4 SITE HISTORY 7 2.5 EMISSIONS CONTROLS 8 2.6 NOISE 9 2.7 DUST 10 2.8 WATER AND WASTEWATER 10 2.8.1 Water Sourcing and Water Rights 11 2.8.2 Wastewater Discharge 13 3.0 IDENTIFICATION OF THE ACTION AREA 15 3.1 ACTION AREA DEFINED 15 3.2 ACTION AREA DELINEATION METHODOLOGY AND RESULTS 16 3.2.1 Significant Impact Level Dispersion Modeling 16 3.2.2 Other Contaminants 17 4.0 ESSENTIAL FISH HABITAT IN THE VICINITY OF THE PROJECT 19 4.1 SPECIES OF PARTICULAR CONCERN 19 4.1.1 Brown Shrimp 19 4.1.2 Gray Snapper 20 4.1.3 Pink Shrimp 20 4.1.4 Red Drum 20 4.1.5 Spanish Mackerel 21 4.1.6 White Shrimp 21 4.2 HABITAT AREAS OF PARTICULAR CONCERN 22 5.0 ENVIRONMENTAL BASELINE CONDITIONS AND EFFECTS ANALYSIS 23 5.1 METHODS 23 5.1.1 Desktop and Literature Review 23 Texas Registered Engineering Firm F-2393 ii TABLE OF CONTENTS (Continued) 5.1.2 Habitat Assessment 23 5.2 RESULTS 24 5.2.1 Background Research 24 5.2.2 Habitat at the Project Site and in the Action Area 24 5.2.3 Managed Species and EFH Habitat within the Action Area 26 5.2.4 Potential Impacts to EFH Listed Species 28 5.2.5 Potential for Occurrence and Recommended Determination of Effect for Species of Concern 29 5.3 INTERDEPENDENT AND INTERRELATED ACTIONS 32 6.0 CONCLUSIONS 35 6.1 DETERMINATION OF EFFECTS SUMMARY 35 6.2 CONSERVATION AND MITIGATION MEASURES 37 7.0 LITERATURE CITED 38 APPENDICES A LISTS OF EFH AND SPECIES MANAGED BY NOAA AND GMFMC List of Tables ES-1 Anticipated Effects on EFH and Species Potentially Occurring in the Action Area 2-1 Modeled Emissions for all Pollutants Associated with the Project 3-1 Summary of Criteria Pollutant Air Dispersion Modeling 3-2 Comparison of Pollutant Air Dispersion Modeling with TCEQ ESL 4-1 Essential Fish Habitat Occurring in the Action Area 5-1 Current and Proposed Projects 6-1 Determination of Effects on EFH from the Proposed Project List of Figures 2-1 Aerial Map 2-2 POCCA Planned Development 2-3 Landcover Map 3-1 Action Area Map Texas Registered Engineering Firm F-2393 iii LIST OF ACRONYMS BACT Best Available Control Technology CCL Corpus Christi Liquefaction CFR Code of Federal Regulations CO Carbon Monoxide CO2 Carbon Dioxide CO2e Carbon Dioxide Equivalents CWA Clean Water Act DRI Direct-Reduced Iron EFH Essential Fish Habitat EPA U.S. Environmental Protection Agency ERM Environmental Resources Management FMC Fisheries Management Council FMP Fishery Management Plan GHG Greenhouse Gas GMFMC Gulf of Mexico Fisheries Management Council HAP Hazardous Air Pollutants HBI Hot-Briquetted Iron PM Particulate Matter PSD Prevention of Significant Deterioration LNG Liquefied Natural Gas MLT Mean Low Tide MSA Magnuson-Stevens Fishery Conservation and Management Act NASS National Agriculture Statistics Service NOX Nitrogen Oxides NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration PM Particulate Matter POCCA Port of Corpus Christi Authority PPT Parts Per Thousand PSD Prevention of Significant Deterioration PSU Practical Salinity Units SAFMC South Atlantic Fishery Management Council SH State Highway SIL Significant Impact Level SO2 Sulfur Dioxide SPCDD San Patricio County Drainage District SPMWD San Patricio Municipal Water District TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TPWD Texas Parks and Wildlife Department TPY Ton per year Texas Registered Engineering Firm F-2393 iv LIST OF ACRONYMS (Continued) TSP Total Suspended Particulates TSS Total Suspended Solids TXNDD Texas Natural Diversity Database USACE U.S. Army Corps of Engineers USDA US Department of Agriculture USFWS US Fish and Wildlife Service USGS US Geological Service VA voestalpine Stahl GmbH VOC Volatile Organic Compounds Texas Registered Engineering Firm F-2393 v EXECUTIVE SUMMARY In accordance with the Clean Air Act, voestalpine Stahl GmbH (voestalpine or VA) intends to submit a Greenhouse Gas (GHG) Permit Application to the Environmental Protection Agency (EPA) for a potential hot-briquetted iron (HBI) production facility (‘the Project’) located south of the City of Gregory in San Patricio County, Texas. voestalpine plans to initiate construction of the Project in April 2014, and begin operation by the fourth quarter of 2015. The purpose of this Essential Fish Habitat (EFH) Assessment is to provide the results of an assessment of the potential impacts of the proposed Project on habitat designated as EFH as defined by the 1996 amendment to the Magnuson- Stevens Fishery Conservation and Management Act (MSA). The information provided in this assessment is presented for utilization in informal consultations between federal agencies as outlined in the requirements for GHG permit applications. Accordingly, this analysis provides information and recommendations on the National Marine Fisheries Service (NMFS) determinations of effect on EFH by the proposed Project. Temporary adverse effects to EFH are anticipated during construction and intermittent dredging associated with the Project. These effects include the disruption of the substrate, temporary impairment of water quality due to turbidity, and the increase of suspended solids. These effects are expected to be marginal. No indirect effects to water quality or operational impacts to EFH are expected. A determination of may affect, but is not likely to adversely affect was reached for six of the eight EFH species analyzed in this report. The other two species will not be affected by the proposed Project. In light of the anticipated impacts, use of best management practices, and mitigations projects, the overall determination for the EFH in the Action Area is “may affect, but is not likely to adversely affect”. TABLE ES-1: Anticipated Effects on EFH Habitat and Species Potentially Occurring in the Action Area FMP Family or Family or EFH Occurring in the Determination of Species Species Action Area Effect Common Scientific Name Name Red drum Sciaenidae Sciaenops SAV; Soft bottoms; May affect, but is (1) ocellatus Sand/shell; not likely to Emergent marsh; adversely affect Open water Reef Fish Snappers Lutjanidae SAV; Mangroves; May affect, but is (43) (14) Emergent marsh; not likely to Soft bottom; Open adversely affect water Texas Registered Engineering Firm F-2393 vi FMP Family or Family or EFH Occurring in the Determination of Species Species Action Area Effect Common Scientific Name Name Groupers Serranidae SAV; Mangroves; May affect, but is (18) Sand/shell; Soft not likely to bottom; Open water adversely affect Tilefishes (5) Malacanthidae Open water May affect, but is not likely to adversely affect Jacks (4) Carangidae Open water May affect, but is not likely to adversely affect Gray Balistes Mangroves; May affect, but is triggerfish capriscus Sand/shell substrate not likely to adversely affect Hogfish Lachnolaimus Submerged aquatic May affect, but is maximus vegetation not likely to adversely affect Coastal King Scomberomerus Open water May affect, but is Migratory mackerel cavalla not likely to Pelagics adversely affect (3) Spanish Scomberomerus Open water May affect, but is mackerel maculatus not likely to adversely affect Cobia Rachycentron Open water May affect, but is canadum not likely to adversely affect Shrimp Brown Penaeus aztecus SAV; Soft bottoms; May affect, but is (4) shrimp Sand/shell; not likely to Emergent marsh; adversely affect Open water White Penaeus SAV; Soft bottoms; May affect, but is shrimp setiferus Sand/shell; not likely to Emergent marsh; adversely affect Open water Pink shrimp Penaeus SAV; Sand/shell; May affect, but is duorarum Open water not likely to adversely affect Royal red Pleoticus Sand/shell; Soft May affect, but is shrimp robustus bottoms not likely to adversely affect HMS Lemon shark Negaprion Shallow coastal .May affect, but is brevirostris areas; mangroves not likely to adversely affect Bull shark Carcharhinus Shallow areas in May affect, but is leucas estuaries not likely to adversely affect Finetooth Carcharhinus Shallow coastal May affect, but is shark isodon areas not likely to adversely affect Texas Registered Engineering Firm F-2393 vii FMP Family or Family or EFH Occurring in the Determination of Species Species Action Area Effect Common Scientific Name Name Spinner Carcharhinus Shallow coastal May affect, but is shark brevipinna areas not likely to adversely affect Scalloped Sphyrna lewini Beaches and shallow May affect, but is hammerhead coastal areas not likely to shark adversely affect Bonnethead Sphyrna tiburo Shallow coastal May affect, but is shark waters with sandy not likely to or mud bottoms adversely affect Blacktip Carcharhinus Shallow coastal May affect, but is shark limbatus waters not likely to adversely affect Atlantic Rhizoprionodon Shallow coastal May affect, but is sharpnose terraenovae waters with sand, not likely to shark seagrass, and mud adversely affect Texas Registered Engineering Firm F-2393 viii 1.0 INTRODUCTION The purpose of this document is to present the Essential Fish Habitat (EFH) assessment conducted by ERM on behalf of voestalpine Stahl GmbH (voestalpine or VA) for the proposed construction of a hot-briquetted iron (HBI) production facility in San Patricio County, Texas.
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