[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58142-58143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
[email protected].

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 
https://www.swg.usace.army.mil/Missions/Regulatory/Special-Projects-Environmental-Impact-Statements/. 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