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Section 106 Review

Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Status:
Complete
Action Outcome:
Finding of no historic properties affected
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
Alternative Completion Date: