USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

FAST-41 Missed Date:Section 106 Review: Section 106 consultation concluded (Agency Action)

Submitted by Anonymous on

Agency Milestone Date of 02/10/2023 for Section 106 consultation concluded (Agency Action) has passed by 1 business days

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Status:
In Progress
SHPO:

Texas

Milestones:

Consultation initiated with SHPO/THPO (Agency Action)
Completed Date:
Section 106 consultation concluded (Agency Action)
  • Monthly Status Report for April 2023:
    The USACE has reviewed a revised draft report (submitted by CCSC on March 31). The USACE reviewed the draft report and requested additional revisions (April 7). The applicant addressed the comments and resubmitted the revised draft report (April 11). The USACE accepted the revisions and submitted the revised report along with their determinations to the SHPO for review and concurrence (April 14). The USACE instructed the applicant to submit a copy of the revised draft report to the Texas Historic Commission pursuant to state regulations. The SHPO will need to respond to the USACE's determinations no later than May 15.
  • Monthly Status Report for March 2023:
    The November 2022 marine archeological survey report was transmitted to the Texas Historical Commission (THC) by the Corps on November 18, 2022. The THC requested significant revisions by letter dated January 10, 2023. The PCCA’s consultant proposed to provide the revision by January 12, 2023, but did not submit them until January 27, 2023. The Corps completed their review and requested concurrence with the re-written report on January 30, 2023. The THC concluded in their February 9, 2023, letter that: “there have been consistent issues with the processing and presentation of the contoured magnetic data in the original and revised draft reports submitted to the THC in December 2022 and January 2023. These irregularities affect how specific interpretative models are applied for identifying potential shipwreck targets.” Subsequently, PCCA’s contractor re-submitted a preliminary revised report to the THC on February 15, 2023 to which the THC responded the same day stating, “This data is actually more problematic and less acceptable than the previous versions.” Based upon the facts above the Corps recommended and FPISC accepted the milestone recovery date of  12JUL2023.   On 15MAY2023, we concluded the consultation process with the SHPO for Section 106.  This was a milestone USACE slipped on 10FEB2023 due to the applicant providing an insufficient marine archeologic analysis for their report and the milestone was place in non-conformance by FPISC.  USACE SWG, Texas SHPO, and the Applicant provided a recovery target date of 12JUL2023 anticipating numerous revisions and formal submissions; however, due to creative informal coordination between SWG and SHPO the concerns regarding insufficient analysis were promptly addressed allowing for a single formal submission resulting in an expedited milestone completion.       
  • Monthly Status Report for February 2023:
    The USACE is revising the target date for the final Milestone of the Section 106 review to July 12, 2023 to allow time for the project applicant to address SHPO objections and recommendations for the marine archeological survey report and allow time for the USACE and SHPO to complete Section 106 consultation. The milestone for Section 106 consultation concluded has been previously re-scheduled twice in 2022. During early 2022, the project applicant’s marine archaeological surveys were delayed by unusual spring weather, larger sea states, and vessel availability issues. The Milestone was rescheduled from June 10, 2022 to October 18, 2022. The project applicant submitted the initial marine archeological survey report in August 2022 but the USACE determined outdated project features had been surveyed and surveys of recently proposed project features were required. The Milestone was rescheduled to February 10, 2023. The completed marine archeological survey report was submitted November 2022 and has undergone multiple revisions with substantive objections and recommendations from the SHPO documented in letters dated January 10, 2023 and February 9, 2023. The project applicant’s consultant has concluded the survey data will require reprocessing. The project applicant needs time to reprocess this data and develop a report.  The USACE and SHPO have concluded that an iterative, concurrent review of the report with the project applicant and their consultant will conclude July 12, 2023.  On 15MAY2023, we concluded the consultation process with the SHPO for Section 106.  This was a milestone USACE slipped on 10FEB2023 due to the applicant providing an insufficient marine archeologic analysis for their report and the milestone was place in non-conformance by FPISC.  USACE SWG, Texas SHPO, and the Applicant provided a recovery target date of 12JUL2023 anticipating numerous revisions and formal submissions; however, due to creative informal coordination between SWG and SHPO the concerns regarding insufficient analysis were promptly addressed allowing for a single formal submission resulting in an expedited milestone completion.       
  • Non-conformance Explanation:
    The USACE is revising the target date for the final Milestone of the Section 106 review to July 12, 2023 to allow time for the project applicant to address SHPO objections and recommendations for the marine archeological survey report and allow time for the USACE and SHPO to complete Section 106 consultation. The milestone for Section 106 consultation concluded has been previously re-scheduled twice in 2022. During early 2022, the project applicant’s marine archaeological surveys were delayed by unusual spring weather, larger sea states, and vessel availability issues. The Milestone was rescheduled from June 10, 2022 to October 18, 2022. The project applicant submitted the initial marine archeological survey report in August 2022 but the USACE determined outdated project features had been surveyed and surveys of recently proposed project features were required. The Milestone was rescheduled to February 10, 2023. The completed marine archeological survey report was submitted November 2022 and has undergone multiple revisions with substantive objections and recommendations from the SHPO documented in letters dated January 10, 2023 and February 9, 2023. The project applicant’s consultant has concluded the survey data will require reprocessing. The project applicant needs time to reprocess this data and develop a report.  The USACE and SHPO have concluded that an iterative, concurrent review of the report with the project applicant and their consultant will conclude July 12, 2023.  Alterative Completion Date: 07/12/2023
Current Target Date:
Milestone
Section 106 consultation concluded (Agency Action)
  • Monthly Status Report for April 2023:
    The USACE has reviewed a revised draft report (submitted by CCSC on March 31). The USACE reviewed the draft report and requested additional revisions (April 7). The applicant addressed the comments and resubmitted the revised draft report (April 11). The USACE accepted the revisions and submitted the revised report along with their determinations to the SHPO for review and concurrence (April 14). The USACE instructed the applicant to submit a copy of the revised draft report to the Texas Historic Commission pursuant to state regulations. The SHPO will need to respond to the USACE's determinations no later than May 15.
  • Monthly Status Report for March 2023:
    The November 2022 marine archeological survey report was transmitted to the Texas Historical Commission (THC) by the Corps on November 18, 2022. The THC requested significant revisions by letter dated January 10, 2023. The PCCA’s consultant proposed to provide the revision by January 12, 2023, but did not submit them until January 27, 2023. The Corps completed their review and requested concurrence with the re-written report on January 30, 2023. The THC concluded in their February 9, 2023, letter that: “there have been consistent issues with the processing and presentation of the contoured magnetic data in the original and revised draft reports submitted to the THC in December 2022 and January 2023. These irregularities affect how specific interpretative models are applied for identifying potential shipwreck targets.” Subsequently, PCCA’s contractor re-submitted a preliminary revised report to the THC on February 15, 2023 to which the THC responded the same day stating, “This data is actually more problematic and less acceptable than the previous versions.” Based upon the facts above the Corps recommended and FPISC accepted the milestone recovery date of  12JUL2023.   On 15MAY2023, we concluded the consultation process with the SHPO for Section 106.  This was a milestone USACE slipped on 10FEB2023 due to the applicant providing an insufficient marine archeologic analysis for their report and the milestone was place in non-conformance by FPISC.  USACE SWG, Texas SHPO, and the Applicant provided a recovery target date of 12JUL2023 anticipating numerous revisions and formal submissions; however, due to creative informal coordination between SWG and SHPO the concerns regarding insufficient analysis were promptly addressed allowing for a single formal submission resulting in an expedited milestone completion.       
  • Monthly Status Report for February 2023:
    The USACE is revising the target date for the final Milestone of the Section 106 review to July 12, 2023 to allow time for the project applicant to address SHPO objections and recommendations for the marine archeological survey report and allow time for the USACE and SHPO to complete Section 106 consultation. The milestone for Section 106 consultation concluded has been previously re-scheduled twice in 2022. During early 2022, the project applicant’s marine archaeological surveys were delayed by unusual spring weather, larger sea states, and vessel availability issues. The Milestone was rescheduled from June 10, 2022 to October 18, 2022. The project applicant submitted the initial marine archeological survey report in August 2022 but the USACE determined outdated project features had been surveyed and surveys of recently proposed project features were required. The Milestone was rescheduled to February 10, 2023. The completed marine archeological survey report was submitted November 2022 and has undergone multiple revisions with substantive objections and recommendations from the SHPO documented in letters dated January 10, 2023 and February 9, 2023. The project applicant’s consultant has concluded the survey data will require reprocessing. The project applicant needs time to reprocess this data and develop a report.  The USACE and SHPO have concluded that an iterative, concurrent review of the report with the project applicant and their consultant will conclude July 12, 2023.  On 15MAY2023, we concluded the consultation process with the SHPO for Section 106.  This was a milestone USACE slipped on 10FEB2023 due to the applicant providing an insufficient marine archeologic analysis for their report and the milestone was place in non-conformance by FPISC.  USACE SWG, Texas SHPO, and the Applicant provided a recovery target date of 12JUL2023 anticipating numerous revisions and formal submissions; however, due to creative informal coordination between SWG and SHPO the concerns regarding insufficient analysis were promptly addressed allowing for a single formal submission resulting in an expedited milestone completion.       
  • Non-conformance Explanation:
    The USACE is revising the target date for the final Milestone of the Section 106 review to July 12, 2023 to allow time for the project applicant to address SHPO objections and recommendations for the marine archeological survey report and allow time for the USACE and SHPO to complete Section 106 consultation. The milestone for Section 106 consultation concluded has been previously re-scheduled twice in 2022. During early 2022, the project applicant’s marine archaeological surveys were delayed by unusual spring weather, larger sea states, and vessel availability issues. The Milestone was rescheduled from June 10, 2022 to October 18, 2022. The project applicant submitted the initial marine archeological survey report in August 2022 but the USACE determined outdated project features had been surveyed and surveys of recently proposed project features were required. The Milestone was rescheduled to February 10, 2023. The completed marine archeological survey report was submitted November 2022 and has undergone multiple revisions with substantive objections and recommendations from the SHPO documented in letters dated January 10, 2023 and February 9, 2023. The project applicant’s consultant has concluded the survey data will require reprocessing. The project applicant needs time to reprocess this data and develop a report.  The USACE and SHPO have concluded that an iterative, concurrent review of the report with the project applicant and their consultant will conclude July 12, 2023.  Alterative Completion Date: 07/12/2023
Completed Date:
Project

PROJECT WEBSITE: USACE website for the Port of Corpus Christi Authority Channel Deepening EIS Pr…

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
07/17/2024

7 out of 7

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Ports and Waterways

SECTOR
Ports and Waterways

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Department of the Army

LEAD AGENCY
Department of the Army, US Army Corps of Engineers - Regulatory

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of the Army

Department of the Army, US Army Corps of Engineers - Civil Works

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Description:

CURRENT STATUS:  The Corps is working with the Project Sponsor and EIS Contractor to respond to comments on the integrated Regulatory and 408 Draft Environmental Impact Statement. 

PURPOSE: The project’s purpose is to safely, efficiently, and economically export current and forecasted crude oil inventories via Very Large Crude Carriers (VLCC), a common vessel in the world fleet. Crude oil is delivered via pipeline from the Eagle Ford and Permian Basins to multiple locations at the Port of Corpus Christi. Crude Oil inventories exported at the Port of Corpus Christi have increased from 280,000 barrels per day in 2017 to 1,650,000 barrels in January 2020 with forecasts increasing to 4,500,000 barrels per day by 2030. Current facilities require vessel lightering to fully load a VLCC which increases cost and effects safety.

BACKGROUND/CONTEXT:  This project was determined to be a covered project under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41) and added to the Permitting Dashboard as of June 2019. PCCA proposes to deepen the Corpus Christi Ship Channel (CCSC), a federal project, to -81 feet MLLW to Harbor Island and extend the terminus an additional 29,000 feet into the Gulf of Mexico.  The dredging will generate 48 MCY of material requiring placement.  PCCA has requested use of the ocean dredged material disposal site (ODMDS) as well as several private and federal placement areas.

Update:

The Executive Director granted a U.S. Army Corps of Engineers request to extend the Section 106 Review completion date on June 14, 2022. The Executive Director determination is posted here.

The Executive Director granted a U.S. Army Corps of Engineers second request to extend the Section 106 Review completion date on September 15, 2022. The Executive Director determination is posted here.

The Executive Director granted a U.S. Army Corps of Engineers request to extend the EIS or the Section 10/404/103 and Section 408 completion date on January 9, 2023. The Executive Director determination is posted here.

 

field_status
System Comments
Agency Milestone Date of 02/10/2023 for Section 106 consultation concluded (Agency Action) has passed by 1 business days
Approver Comments
1) On 15MAY2023, we concluded the consultation process with the SHPO for Section 106. This was a milestone USACE slipped on 10FEB2023 due to the applicant providing an insufficient marine archeologic analysis for their report and the milestone was place in non-conformance by FPISC. USACE SWG, Texas SHPO, and the Applicant provided a recovery target date of 12JUL2023 anticipating numerous revisions and formal submissions; however, due to creative informal coordination between SWG and SHPO the concerns regarding insufficient analysis were promptly addressed allowing for a single formal submission resulting in an expedited milestone completion.
Previous Action Status
New Action Status
Missed Date Process
Yes
Missed Date Triggered by Extension
No
Agency Notified Date
New Milestone
Section 106 consultation concluded (Agency Action)
  • Monthly Status Report for April 2023:
    The USACE has reviewed a revised draft report (submitted by CCSC on March 31). The USACE reviewed the draft report and requested additional revisions (April 7). The applicant addressed the comments and resubmitted the revised draft report (April 11). The USACE accepted the revisions and submitted the revised report along with their determinations to the SHPO for review and concurrence (April 14). The USACE instructed the applicant to submit a copy of the revised draft report to the Texas Historic Commission pursuant to state regulations. The SHPO will need to respond to the USACE's determinations no later than May 15.
  • Monthly Status Report for March 2023:
    The November 2022 marine archeological survey report was transmitted to the Texas Historical Commission (THC) by the Corps on November 18, 2022. The THC requested significant revisions by letter dated January 10, 2023. The PCCA’s consultant proposed to provide the revision by January 12, 2023, but did not submit them until January 27, 2023. The Corps completed their review and requested concurrence with the re-written report on January 30, 2023. The THC concluded in their February 9, 2023, letter that: “there have been consistent issues with the processing and presentation of the contoured magnetic data in the original and revised draft reports submitted to the THC in December 2022 and January 2023. These irregularities affect how specific interpretative models are applied for identifying potential shipwreck targets.” Subsequently, PCCA’s contractor re-submitted a preliminary revised report to the THC on February 15, 2023 to which the THC responded the same day stating, “This data is actually more problematic and less acceptable than the previous versions.” Based upon the facts above the Corps recommended and FPISC accepted the milestone recovery date of  12JUL2023.   On 15MAY2023, we concluded the consultation process with the SHPO for Section 106.  This was a milestone USACE slipped on 10FEB2023 due to the applicant providing an insufficient marine archeologic analysis for their report and the milestone was place in non-conformance by FPISC.  USACE SWG, Texas SHPO, and the Applicant provided a recovery target date of 12JUL2023 anticipating numerous revisions and formal submissions; however, due to creative informal coordination between SWG and SHPO the concerns regarding insufficient analysis were promptly addressed allowing for a single formal submission resulting in an expedited milestone completion.       
  • Monthly Status Report for February 2023:
    The USACE is revising the target date for the final Milestone of the Section 106 review to July 12, 2023 to allow time for the project applicant to address SHPO objections and recommendations for the marine archeological survey report and allow time for the USACE and SHPO to complete Section 106 consultation. The milestone for Section 106 consultation concluded has been previously re-scheduled twice in 2022. During early 2022, the project applicant’s marine archaeological surveys were delayed by unusual spring weather, larger sea states, and vessel availability issues. The Milestone was rescheduled from June 10, 2022 to October 18, 2022. The project applicant submitted the initial marine archeological survey report in August 2022 but the USACE determined outdated project features had been surveyed and surveys of recently proposed project features were required. The Milestone was rescheduled to February 10, 2023. The completed marine archeological survey report was submitted November 2022 and has undergone multiple revisions with substantive objections and recommendations from the SHPO documented in letters dated January 10, 2023 and February 9, 2023. The project applicant’s consultant has concluded the survey data will require reprocessing. The project applicant needs time to reprocess this data and develop a report.  The USACE and SHPO have concluded that an iterative, concurrent review of the report with the project applicant and their consultant will conclude July 12, 2023.  On 15MAY2023, we concluded the consultation process with the SHPO for Section 106.  This was a milestone USACE slipped on 10FEB2023 due to the applicant providing an insufficient marine archeologic analysis for their report and the milestone was place in non-conformance by FPISC.  USACE SWG, Texas SHPO, and the Applicant provided a recovery target date of 12JUL2023 anticipating numerous revisions and formal submissions; however, due to creative informal coordination between SWG and SHPO the concerns regarding insufficient analysis were promptly addressed allowing for a single formal submission resulting in an expedited milestone completion.       
  • Non-conformance Explanation:
    The USACE is revising the target date for the final Milestone of the Section 106 review to July 12, 2023 to allow time for the project applicant to address SHPO objections and recommendations for the marine archeological survey report and allow time for the USACE and SHPO to complete Section 106 consultation. The milestone for Section 106 consultation concluded has been previously re-scheduled twice in 2022. During early 2022, the project applicant’s marine archaeological surveys were delayed by unusual spring weather, larger sea states, and vessel availability issues. The Milestone was rescheduled from June 10, 2022 to October 18, 2022. The project applicant submitted the initial marine archeological survey report in August 2022 but the USACE determined outdated project features had been surveyed and surveys of recently proposed project features were required. The Milestone was rescheduled to February 10, 2023. The completed marine archeological survey report was submitted November 2022 and has undergone multiple revisions with substantive objections and recommendations from the SHPO documented in letters dated January 10, 2023 and February 9, 2023. The project applicant’s consultant has concluded the survey data will require reprocessing. The project applicant needs time to reprocess this data and develop a report.  The USACE and SHPO have concluded that an iterative, concurrent review of the report with the project applicant and their consultant will conclude July 12, 2023.  Alterative Completion Date: 07/12/2023
Current Target Date:
Response Date