Notice2024-15689
Notice of Final Federal Agency Action on the Authorization for the Port of Corpus Christi Authority Channel Deepening Project
Primary source
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Published
July 17, 2024
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
USACE announces final agency action on the USACE authorization for the proposed deepening of the Port of Corpus Christi Authority Channel Deepening Project (CDP) located in and along the existing Corpus Christi Ship Channel. USACE has issued a permit authorizing the construction and maintenance of the CDP Project under sections 10 and 14 of the Rivers and Harbors Act of 1899 (RHA), section 404 of the Clean Water Act (CWA), and section 103 of the Marine Protection, Research and Sanctuaries Act (MPRSA). The CDP Project is a "covered project" under Title 41 of the Fixing America's Surface Transportation Act.
Full Text
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<title>Federal Register, Volume 89 Issue 137 (Wednesday, July 17, 2024)</title>
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[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58142-58143]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15689]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
[Permit No. SWG-2019-00067 and Section 408 Request ID No. REIN-19-111]
Notice of Final Federal Agency Action on the Authorization for
the Port of Corpus Christi Authority Channel Deepening Project
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of limitation on claims for judicial review of actions
by the U.S. Army Corps of Engineers (USACE).
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SUMMARY: USACE announces final agency action on the USACE authorization
for the proposed deepening of the Port of Corpus Christi Authority
Channel Deepening Project (CDP) located in and along the existing
Corpus Christi Ship Channel. USACE has issued a permit authorizing the
construction and maintenance of the CDP Project under sections 10 and
14 of the Rivers and Harbors Act of 1899 (RHA), section 404 of the
Clean Water Act (CWA), and section 103 of the Marine Protection,
Research and Sanctuaries Act (MPRSA). The CDP Project is a ``covered
project'' under Title 41 of the Fixing America's Surface Transportation
Act.
DATES: A claim seeking judicial review of the USACE authorization of
construction of the CDP Project will be barred unless the claim is
filed not later than two years after this notice's publication date. If
the Federal law that allows for judicial review of the USACE
authorization specifies a shorter time period for filing such a claim,
then that shorter time period will apply.
FOR FURTHER INFORMATION CONTACT: Jayson M Hudson, Regulatory Project
Manager, Regulatory Division, USACE, Galveston District, 2000 Fort
Point Road, Galveston, Texas 77550, (409)-766-3108, or
<a href="/cdn-cgi/l/email-protection#d3808494e1e3e2eae3e3e3e5e493a6a0b2b0b6fdb2a1beaafdbebabf"><span class="__cf_email__" data-cfemail="affcf8e89d9f9e969f9f9f9998efdadcceccca81ceddc2d681c2c6c3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Notice is hereby given that USACE has taken
final agency action on its authorization for the proposed CDP Project
by issuing a permit authorizing construction of the Project under
section 10 and 14 of the RHA, section 404 of the CWA, and section 103
of the MPRSA.
The CDP project proposes to deepen the Corpus Christi Ship Channel
(CCSC) from the Gulf to station 110+00 near Harbor Island in Nueces
County, Texas, including the approximate 10 mile-extension to the
Entrance Channel necessary to reach sufficiently deep waters. The CDP
consists of deepening the CCSC from the authorized -54 feet MLLW to
approximately -75 feet MLLW, with 2 feet of advanced maintenance and 2
feet of allowable overdredge, from Station 110+00 into the Gulf to
Station -72+50 (3.5 miles) and deepening from the authorized -56 feet
MLLW to approximately -77 feet MLLW, with 2 feet of advanced
maintenance and 2 feet of allowable overdredge, from Station -72+50 to
Station 620+00 in the Gulf (10.4 mile). As a result of one-way transit
assumed for VLCCs, the planned widths for the -54-foot currently
authorized project are nominally sufficient. Therefore, no widening
other than the minor incidental widening to keep these bottom widths
and existing channel slopes at the proposed deeper depths would occur.
Deepening would take place largely within the footprint of the
currently authorized -54-foot channel.
Dredging 46.3 million cubic yards would be required with inshore
and Gulf placement of the material. Placement would occur in a mix of
placement areas (PAs), Beneficial Use (BU) sites, and/or the New Work
Ocean Dredged Material Disposal Sites (ODMDS). Placement of new work
dredged material would occur at the following BU and PA sites: (1) SS1:
Restoring eroded shorelines; (2) SS2: Restore eroded shoreline along
Port Aransas Nature Preserve/Charlie's Pasture; (3) PA4: Reestablish
eroded shoreline and land loss in front of PA4 (SS1 Extension), and
upland placement within PA4; (4) HI-E: Bluff and shoreline restoration
with site fill' (5) PA6: Raise levee 5-foot and fill with new work
material; (6) SJI: Beach restoration San Jos[eacute] Island; (7) B1-B9:
Nearshore berms offshore of San Jos[eacute] Island and Mustang Island;
(8) MI: Beach nourishment for Gulf side of Mustang Island; (9) ODMDS:
Place within New Work ODMDS.
The USACE's decision to issue a permit, and the laws under which
the action was taken, are described in the Final Environmental Impact
Statement for the Proposed Corpus Christi Ship Channel Deepening
Project (FEIS) published on March 22, 2024. The FEIS, ROD, permit, and
other documents can be viewed and downloaded from the USACE website at
<a href="https://www.swg.usace.army.mil/Missions/Regulatory/Special-Projects-Environmental-Impact-Statements/">https://www.swg.usace.army.mil/Missions/Regulatory/Special-Projects-Environmental-Impact-Statements/</a>. By this notice, USACE is advising the
public of final agency action subject to 42 U.S.C. 4370m-6(a)(1)(A).
This notice applies to all Federal agency decisions that are final
as of the issuance date of this notice and all laws under which such
actions were taken, including but not limited to:
1. National Environmental Policy Act (NEPA) 42 U.S.C. 4321-4351
2. Section 10 of the Rivers and Harbors Act 33 U.S.C. 403
3. Section 404 of the Clean Water Act 33 U.S.C. 1344
4. Section 103 of the Marine Protection and Sanctuaries Act 33 U.S.C.
1401 et seq
5. Section 14 of the Rivers and Harbors Act 33 U.S.C. 408
6. Clean Air Act 42 U.S.C. 7401-7671
7. Endangered Species Act of 1973 16 U.S.C. 1531-1544
8. Fish and Wildlife Coordination Act 16 U.S.C. 661-667
9. Magnuson-Stevens Fishery Conservation and Management Act Public Law
94-265
10. Coastal Zone Management Act 16 U.S.C. 1451 et seq
11. Migratory Bird Treaty Act 16 U.S.C. 703-712
12. Section 106 of the National Historic Preservation Act of 1966 as
amended 54 U.S.C. 306108
13. Archeological Resources Protection Act of 1977 54 U.S.C. 312501-
312508
14. Section 401 of the Clean Water Act 33 U.S.C. 1341
[[Page 58143]]
15. Executive Order 11990 Protection of Wetlands
16. E.O. 11988 Floodplain Management
17. E.O. 12898, Federal Actions to Address Environmental Justice
18. EP 1100-2-1 Procedures to Evaluate Sea Level Change: Impacts,
Responses, and Adaptation
Wesley E. Coleman, Jr.,
Programs Director, Southwestern Division, U.S. Army Corps of Engineers.
[FR Doc. 2024-15689 Filed 7-16-24; 8:45 am]
BILLING CODE 3720-58-P
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