Final Independent External Peer Review Report Section 216 Matagorda Ship Channel, Texas, Draft Integrated Feasibility Report and Environmental Impact Statement
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Final Independent External Peer Review Report Section 216 Matagorda Ship Channel, Texas, Draft Integrated Feasibility Report and Environmental Impact Statement Prepared by Battelle Memorial Institute Prepared for Department of the Army U.S. Army Corps of Engineers Deep Draft Navigation Planning Center of Expertise New Orleans District Contract No. W912HQ-15-D-0001 Task Order: W912HQ18F0069 August 6, 2018 This page is intentionally left blank. CONTRACT NO. W912HQ-15-D-0001 Task Order: W912HQ18F0069 Final Independent External Peer Review Report Section 216 Matagorda Ship Channel, Texas, Draft Integrated Feasibility Report and Environmental Impact Statement Prepared by Battelle 505 King Avenue Columbus, Ohio 43201 for Department of the Army U.S. Army Corps of Engineers Deep Draft Navigation Planning Center of Expertise New Orleans District August 6, 2018 This page is intentionally left blank. Matagorda Ship Channel IEPR | Final IEPR Report Final Independent External Peer Review Report Section 216 Matagorda Ship Channel, Texas, Draft Integrated Feasibility Report and Environmental Impact Statement Executive Summary PROJECT BACKGROUND AND PURPOSE The Matagorda Ship Channel Federal project is a single-purpose, deep-draft navigation (DDN) study (Section 216 review of completed projects) to identify and document significantly changed physical and economic conditions occurring since project construction and develop recommendations on the advisability of modifying the Matagorda Ship Channel or its operation. Recommendations must be technically feasible, economically practicable, and sound with respect to environmental considerations, and they must meet the requirements of the Principles and Guidelines (CEQ, 2013). Measures/alternatives investigated to address transportation inefficiencies include: No Action Widening of the existing DDN channel up to 400 feet Deepening of the existing DDN channel up to a depth of -47 feet mean lower low water (MLLW) A combination of widening and deepening It is anticipated that proposed changes will require Congressional authorization as the existing channel has been constructed to its authorized dimensions. The deep-draft channel was authorized by the River and Harbor Act of 1958 (Public Law 85-500), House Document 388, 84th Congress, 2nd Session. Authorized and constructed dimensions of the Federal project consist of the following. Authorized Depth¹ Width Channel Section Length (feet) (feet) Outer Bar & Jetty Channel 40 300 3.2 miles Channel to Point Comfort 38 200 – 300 20.9 miles Approach Channel to Turning Basin 38 200 – 300 1.1 miles Point Comfort Channel to Turning Basin 38 1,000 1,000 feet Point Comfort Turning Basin Extensions (North & South) 38 300 1,279 feet ¹Authorized depth referenced as MLLW BATTELLE | August 6, 2018 i Matagorda Ship Channel IEPR | Final IEPR Report Port of Port Lavaca-Point Comfort The Port of Port Lavaca-Point Comfort is located on the Western Gulf of Mexico near the mid-point of the Texas Coast. The port and related industries are part of a massive Texas chemical, refining, and energy delivery complex. The Matagorda Ship Channel opened to traffic in 1965 and serves hundreds of ships and barges each year. Calhoun Port Authority (CPA) operations include liquid cargo terminals, a dry bulk dock, general cargo facilities, liquid cargo barge terminals, a multi-purpose dock, and rail service. The CPA operates three liquid cargo ship docks and one dry bulk dock, which provide substantial flexibility for loading and unloading chemical, petroleum-related, and other liquid and dry bulk products. Matagorda Ship Channel Matagorda Bay (at 28°38' N, 96°15' W) is a major bay on the Texas coast protected from the tides and storms of the Gulf of Mexico by the Matagorda Peninsula. The bay is divided almost equally between Calhoun and Matagorda counties. Matagorda Bay is crossed by the Gulf Intracoastal Waterway, as well as by ship channels serving Palacios, Port O'Connor, and Port Lavaca. The Matagorda Ship Channel is the only entry into Matagorda Bay from the Gulf; the channel enters the bay through Cavallo Pass at the southern end of Matagorda Peninsula. In 1965, USACE constructed the ship channel at a depth of -36 feet MLLW by cutting through the Matagorda Peninsula, which was then reinforced with rock jetties. Existing channel dimensions create the following transportation inefficiencies: Delays due to one-way traffic restriction. Vessels >105-foot beam width cannot transit the channel. Vessels with an overall length of 639 feet or greater restricted to daylight-only transits. Further, the existing turning basin, measuring 1,000 feet by 1,000 feet, limits the size of vessels able to use that project feature. Finally, excessive currents in the entrance channel and cross currents in the bay limit ship draft and options (timing/availability) for transit. The Tentatively Selected Plan (TSP) for the Section 216 Matagorda Ship Channel Draft Integrated Feasibility Report and Environmental Impact Statement (FR/EIS) consists of deepening the Matagorda Ship Channel to a depth of -47 feet MLLW (+2 feet in the Entrance Channel); widening the channel to 350 feet (the Entrance Channel width would be 600 feet); and increasing the turning basin to 1,200 feet in diameter. Based on the 2018 FR/EIS, TSP implementation would result in the following environmental outlook: no direct impacts on listed species or critical habitat would occur; impacts on 1.5 acres of fresh marsh in confined upland placement areas would occur; mitigation for wetlands would occur in a previously impacted area; channel dredging would potentially impact 130 acres of oyster reef along the channel; mitigation for oysters would occur within the Matagorda Bay system; and natural resource agencies support alternative selection. Independent External Peer Review Process Independent, objective peer review is regarded as a critical element in ensuring the reliability of scientific analysis. USACE is conducting an Independent External Peer Review (IEPR) of the Section 216 Matagorda Ship Channel, Texas, Draft Integrated Feasibility Report and Environmental Impact Statement BATTELLE | August 6, 2018 ii Matagorda Ship Channel IEPR | Final IEPR Report (FR/EIS) (hereinafter: Matagorda Ship Channel IEPR). As a 501(c)(3) non-profit science and technology organization, Battelle is independent, free from conflicts of interest (COIs), and meets the requirements for an Outside Eligible Organization per guidance described in USACE (2018). Battelle has experience in establishing and administering peer review panels for USACE and was engaged to coordinate this IEPR. The IEPR was external to the agency and conducted following USACE and Office of Management and Budget (OMB) guidance described in USACE (2018) and OMB (2004). This final report presents the Final Panel Comments of the IEPR Panel (the Panel). Details regarding the IEPR (including the process for selecting panel members, the panel members’ biographical information and expertise, and the charge submitted to the Panel to guide its review) are presented in appendices. Based on the technical content of the decision documents and the overall scope of the project, Battelle identified potential candidates for the Panel in the following key technical areas: Civil Works planning; economics; environmental; hydraulic/coastal engineering; and geotechnical engineering. Battelle screened the candidates to identify those most closely meeting the selection criteria and evaluated them for COIs and availability. USACE was given the list of all the final candidates to independently confirm that they had no COIs, and Battelle made the final selection of the four-person Panel from this list. The Panel received electronic versions of the decision documents (873 pages in total), along with a charge that solicited comments on specific sections of the documents to be reviewed. Following guidance provided in USACE (2018) and OMB (2004), USACE prepared the charge questions, which were included in the draft and final Work Plans. The USACE Project Delivery Team (PDT) briefed the Panel and Battelle during a kick-off meeting held via teleconference at the start of the review to provide the Panel an opportunity to ask questions of USACE and clarify uncertainties. Other than Battelle-facilitated teleconferences, there was no direct communication between the Panel and USACE during the peer review process. IEPR panel members reviewed the decision documents individually and produced individual comments in response to the charge questions. The panel members then met via teleconference with Battelle to review key technical comments and reach agreement on the Final Panel Comments to be provided to USACE. Each Final Panel Comment was documented using a four-part format consisting of (1) a comment statement; (2) the basis for the comment; (3) the significance of the comment (high, medium/high, medium, medium/low, or low); and (4) recommendations on how to resolve the comment. Battelle received public comments from USACE on the Matagorda Ship Channel (approximately 15 letters, emails, and individual comments, totaling 48 pages of comments) and provided them to the IEPR panel members. The panel members were charged with determining whether any information or concerns presented in the public comments raised any additional discipline-specific technical concerns with regard to the Matagorda Ship Channel review documents. After completing its review, the Panel determined that one issue required clarification in the document