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Milestone Extension: Section 404 Clean Water Act, Section 10 Rivers and Harbors Act of 1899, and Section 103 Marine Protection,

Submitted by scott.c.kelly@… on

CURRENT STATUS:  The Corps is working with the EIS contractor to complete studies necessary for the integrated Regulatory and 408 Draft Environmental Impact Statement.  The delay in receiving the information from PCCA, which was requested in April 2020, and subsequent required sequential modelling has delayed the overall project schedule 12 months.

 

PRIMARY ISSUE(S):  The project’s purpose is to safely navigate fully laden VLCCs from Harbor Island to the Gulf of Mexico and reduce lightering requirements.  Based on two navigation studies and ship simulations submitted by the applicant, the proposed project does not meet the stated purpose of safely navigating full laden VLCCs except in limited sea conditions.  The previous studies were performed without properly calibrated and validated current velocities, utilized the wrong channel geometry, and employed undersized or lower horsepower tugs that prevented an accurate representation of controlling and handling vessel transit, maneuvering, and berthing.  Currently, the type of escort tug that has the necessary performance characteristics required to safely maneuver the proposed vessel does not exist in the world's tug fleet and the level of uncertainty regarding vessel/current interaction is significant.

 

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 which may result in impacts to the federal project as well as special aquatic sites, such as wetlands and seagrass beds.

 

The Corps requested additional information from PCCA in April 2020 including: 1) a delineation of WOTUS; 2) SOW to conduct an archeological assessment; 3) navigation and vessel wake studies; 4) a DMMP; 5) tidal and salinity analysis; 6) sediment transport analysis; 7)  stability analysis of the jetty; and 8) SAP for dredge material testing.  Despite actively working with the PCCA, in October 2020, the Corps had not received the information requested in April 2020 and instructed PCCA either provide the information by November 2020 or modify the EIS SOW to include the studies. PCCA was unable to provide the requested information and agreed to modify the EIS contract.  The Corps worked with the EIS contractor to develop a SOW for the change order which the PCCA authorized in March 2021.

Action
Project Name:
Port of Corpus Christi Authority Channel Deepening Project
Responsible Agency:
US Army Corps of Engineers - Regulatory
Status:
In Progress
POC Name:
Jayson Hudson
POC Title:
Regulatory Project Manager
POC Email:
jayson.m.hudson@usace.army.mil
Public Participation Website:
Public Participation Website
USACE Public Notice Webisite

Description:

The Corps cannot render a decision until the following actions are complete:  EIS, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. In addition, a Department of the Army permit cannot be issued until we receive: a Coastal Zone Management Act concurrence determination or presumed concurrence determination, a Section 401 Water Quality Certification or waiver, and a Section 408 compliance determination. Finally, we require a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision. Should submittal of any required information be delayed, the Corps will adjust its timeline accordingly. EPA concurrence for 103 permit.

 

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Completed Date:
Publication of Public Notice (Agency Action)
Completed Date:
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The Corps cannot render a decision until the following actions are complete:  EIS, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. In addition, a Department of the Army permit cannot be issued until we receive: a Coastal Zone Management Act concurrence determination or presumed concurrence determination, a Section 401 Water Quality Certification or waiver, and a Section 408 compliance determination. Finally, we require a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision. Should submittal of any required information be delayed, the Corps will adjust its timeline accordingly.

 


View Action's Modification History

Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The Corps cannot render a decision until the following actions are complete:  EIS, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. In addition, a Department of the Army permit cannot be issued until we receive: a Coastal Zone Management Act concurrence determination or presumed concurrence determination, a Section 401 Water Quality Certification or waiver, and a Section 408 compliance determination. Finally, we require a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision. Should submittal of any required information be delayed, the Corps will adjust its timeline accordingly.

 

Project

PROJECT WEBSITE: Port of Corpus Christi's Website

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
Major Infrastructure 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:

The purpose of the proposed project is to construct a channel with the capability to accomodate the transit of fully laden Very Large Crude Carriers (VLCCs) from multiple locations on Harbor Island, TX and into the Gulf of Mexico. 

field_status
Approved
System Comments
Furthest out
Original Target Date: 08/20/2021
Milestone: Final Verification/Permit Decision Rendered

Requested extensions greater than 30 days for this Action are shown below:

Final Verification/Permit Decision Rendered extended by 635
From: 04/15/2022
To: 05/17/2023
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The Corps cannot render a decision until the following actions are complete:  EIS, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. In addition, a Department of the Army permit cannot be issued until we receive: a Coastal Zone Management Act concurrence determination or presumed concurrence determination, a Section 401 Water Quality Certification or waiver, and a Section 408 compliance determination. Finally, we require a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision. Should submittal of any required information be delayed, the Corps will adjust its timeline accordingly.

 

Furthest Original Target Date Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The Corps cannot render a decision until the following actions are complete:  EIS, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. In addition, a Department of the Army permit cannot be issued until we receive: a Coastal Zone Management Act concurrence determination or presumed concurrence determination, a Section 401 Water Quality Certification or waiver, and a Section 408 compliance determination. Finally, we require a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision. Should submittal of any required information be delayed, the Corps will adjust its timeline accordingly.