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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 danny.wiegand@… on

The primary driver of the schedule change, as described in the attached memo, is a requirement for the applicant's contractor to recollect and test 3 additional sediment samples, as the original samples exceeded the holding times specified in the Corps/EPA/Approved sediment analysis plan and the Corps/EPAs 2003 Regional Implementation Agreement and cannot be considered scientifically sound. The memo also describes an additional risk to schedule associated with proposed sediment deposition sites behind Corps Levees parallel to the federal navigation channel. 

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Status:
In Progress
POC Name:
Jayson Hudson
POC Title:
Regulatory Project Manager
Public Participation Website:

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.

 

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: 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.

field_status
System Comments
Furthest out
Original Target Date: 08/20/2021
Milestone: Final Verification/Permit Decision Rendered (Agency Action)

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

Final Verification/Permit Decision Rendered (Agency Action) extended by 1062
From: 05/17/2023
To: 07/17/2024
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.