For those are curious about the Matagorda Shipping Project.
I posted on Port Lavaca Listens and got a few responses but it's just people making jokes. Others say different things. Some say the dredging started in June? But it also might not be in the area affected by the mercury? The post is below.
So I went and dug up articles, research studies, the govt websites, documents on the project, etc.
I tried putting them into a subject and chronological order but gave up after a while of doing it. So some is somewhat organized and others are a bit of a mess. Sorry.
What I understand from this is that the Matagorda Shipping Channel Project has been in the works since at least 2005? Picked up steam in 2019.
2020 Max Midstream bought out Seahawk Terminal.
2021 they make a deal with Port of Calhoun to bring massive oil tankers to our port and invest hundreds of millions to expand the Seahawk Terminal, the dredging, and Edna plant. It's touted as a $1 billion project to bring Texas oil (from Edna plant to Calhoun) to Europe.
2021 they make their first oil delivery to the port. And that's when things pick up on the environmental front. Max Midstream has legal issues.
2022 is when the lawsuits start dropping to stop the dredging.
December 2022 is when the Army Corps of Engineers pulls out.
June 2023 they went back to the drawing board and came up with a new plan. There also seems to be another ACoE project in Port Lavaca in regards to the oysters.
December 2023 Max Midsteam loses a major environmental lawsuit in regards to the 1 mile rule that only those who live within a mile of an oil/gas thing can sue over environmental issues.
2024? It's hard to say where the project stands. But there is an appeal of the strikedown of the 1 mile rule and it's supposed to be going to Abbot's new pro oil/gas court of appeals. So expect bad news from that.
Dredging might be going on in the Matagorda Shipping Channel but I'm not sure if it's at the Superfund site yet, or if they are doing new environmental stuff. I'm seeing conflicting things. The project is not supposed to be in gear until 2025?
August 2024 we have reports of high mercury and other poisons in our fishes and water.
That's about where we are now. I can't find anything else.
Maybe things are on hold until after the election? Because if Trump wins, then they can do whatever they want because the EPA will be dissolved.
If you want more information, check out the links and start reaching out to the Army Corps of Engineers, Max Midstream, etc.
- Brandelyn Wiser
Calhoun County Democratic Chair
The following is what I dug up. Hope it helps.
(Dec 2024)
Matagorda Ship Channel Improvement Project
On the Superfund Site:
(this is brand new and it looks like there are 2 Army Corps of Engineers projects happening)
Published June 4, 2024
Expiration date: 7/8/2024
The applicant proposes to construct living shoreline protection consisting of a rock breakwater, a reef breakwater and two marsh creation islands with a total of 7.7 acres of permanent fill related impacts below the high tide line (HTL). The rock breakwater is proposed to be 2,120-foot-long by 70-foot-wide to 91-foot-wide at the ends resulting in the discharge of 33,500 cubic yards (CY) into 3.51 acres, which will be comprised of stone material and will be located along the southern portion of the project area. The reef breakwater is proposed to be 950-foot-long by 30-foot-wide, resulting in 4,000 CY into 0.63 acre, which will be comprised of concrete oyster reef breakwater units and located along the northern portion of the project area. The reef is being proposed as compensatory mitigation to offset potential oyster bed loss, as well as to offer protection for the proposed marsh islands.
The proposed marsh islands would be approximately 1.55 acres and 2.01 acres and situated along the western shoreline of Bayfront Peninsula Park. The marsh creation islands would be created utilizing approximately 10,000 CY of beneficial use dredge material (BUDM), sourced from nearby upland borrow areas owned by the applicant. The marsh creation islands will be contoured, graded, and planted with native vegetation species to provide additional habitat benefits to the project and aid in stabilization of newly placed material and shoreline. The BUDM will be transported via truck using street access routes and proposed temporary vehicle access routes.
Temporary impacts include dredging approximately 6,300 CY within a temporary access channel (1.84 acres). The dredge material will be temporarily placed into a 1.17-acre area below HTL within the temporary placement area boundaries, in association with the creation of a temporary dredge material placement area. This material will be returned to its original source location once the project features have been constructed. Additional temporary impacts are proposed to 0.19 acre of estuarine emergent wetlands from temporary vehicle access roads.
The applicant is also proposing to relocate 0.47 acre of oyster reef to the southern edge of the impacted reef and will be coordinated with TPWD through an aquatic resource relocation plan (ARRP).
(April 2024)
(Also new, August 2024)
Port Lavaca, Texas -- A scientist’s research showing high levels of mercury in seafood and sediment in a Texas bay is raising concerns that a proposed dredging project to benefit an expanding oil terminal would release more mercury into the bay.
The proposed expansion of the Seahawk Oil Terminal in Point Comfort is part of an oil export boom along the Gulf Coast that has unfolded since Congress in 2015 reversed a ban on U.S. crude oil exports. The Port Lavaca project is one of 15 oil terminal projects across the country – including nine new export terminals planned, five expansions, and one under construction, according to public records compiled in the Oil & Gas Watch database.
(May 2024)
The U.S. Army Corps of Engineers Galveston District is seeking to procure maintenance dredging services along the Gulf Intracoastal Waterway (GIWW) from Matagorda Bay to Corpus Christi Bay in Texas. The work includes Schedule 1: Maintenance pipeline dredging with an estimated dredge volume of 718,000 CY, as well as two optional tasks - GIWW Aransas Pass maintenance pipeline dredging (estimated 462,000 CY) and maintenance dredging of the Colorado River Locks Boat House. The solicitation will be a firm-fixed price contract with an estimated magnitude between $5,000,000 and $10,000,000. Contractors will be required to provide performance and payment bonds. The solicitation is expected to be issued in June 2024 with responses due in July 2024. The NAICS code is 237990 Construction with a $37,000,000 small business size standard, and subcontracting goals are provided.
This is an unrestricted procurement with no set-aside designations. The government has not identified any potential incumbents or current contractors. The estimated dredge volumes are 718,000 CY for Schedule 1 and 462,000 CY for the optional GIWW Aransas Pass task, with an overall contract value estimated between $5,000,000 and $10,000,000.
(March 2024)
In Texas, through the Port Infrastructure Development Program (PIDP), the BIA has already begun funding the U.S. Army Corps of Engineers’ (ACOE) channel improvement project for the Matagorda Ship Channel ($4 million), the Commerce Department’s project to assess the shoreline at Old River Cove to create a marsh restoration plan ($275 million), the Transportation Department’s design and construction of the MALSR Pier in Galveston ($4.3 million), the Brownsville dock repair and renovation project ($3.9 million), the Beaumont container-on-barge infrastructure project ($26.4 million), and the Bayport Container Terminal Expansion ($18.3 million).
(Jan 2024)
(Aug 2024)
(2024 - 2025 Texas Port Mission Plan)
Matagorda Ship Channel Calhoun Port Authority $218,300,000 $163,700,000 (page A-16)
(B-43 & 44 has Matagorda projects)
(B-45 to 48 is Port of Calhoun)
(B-49 to 51 is Port of Victoria projects)
(C-9 has info on Matagorda Shipping Channel)
Ship Channel Non-Federal Sponsor (NFS) Authorization Depth* (Current | Proposed) Project Cost ($M)** Federal Share ($M) Non-Federal Share ($M) Federally Allocated Funds ($M) SCIRF Eligible
Matagorda Ship Channel Calhoun Port Authority WRDA 2020 38 ft | 47 ft $218.3 $163.7 $54.6 $1.81a Yes
(C-12)
Federal Funding Historically, Texas ship channel projects, once authorized, have been in a holding pattern for construction while waiting for federal funds to be appropriated. Only the Corpus Christi Ship Channel, Cedar Bayou Channel Improvement, and Galveston Island Harbor Extension projects have received full federal appropriations for funding through FY 2022 in amounts of $405.7 million, $41.7 million, and $10.8 million, respectively.28,29 The Sabine-Neches Waterway Channel, the Matagorda Ship Channel Improvement, and Freeport Harbor Channel Improvement projects have received less than 10 percent of construction funding each.
(C-13)
For example: • Both the Port of Corpus Christi Authority and Port Freeport passed bonds in 2018 in excess of $100 million each to provide local funds to accelerate their associated ship channel projects.30,31 • In January 2021, the Calhoun Port Authority approved a public-private partnership with Max Midstream to deepen and widen the Matagorda Ship Channel. It is anticipated that Max Midstream will invest approximately $360 million into the project.32 • In May 2021, the Sabine-Neches Navigation District implemented a user fee to finance the non-federal share of project costs.14 • In the 2022-2023 biennium, Port Houston spent approximately $667 million in port and private industry funding to begin the expansion of the Houston Ship Channel.33
(C-30 - C-31) Is about the Matagorda Shipping Channel Improvement Project.
(2021)
(March 2024)
(this is from 2021) https://mbmtrust.com/media/t5sfpef1/mbmt-ship-channel-dredging-016-final-report-presentation-10-21-21.pdf
(the lawsuit from 2022) https://earthjustice.org/wp-content/uploads/fmatagorda_bay_dredging_complaint_2022may25_0.pdf
(Aug 2024)
Max Midstream:
(Seahawk Terminal)
(2019)
Feasibility Report and Environmental Impact Statement,
Review of Completed Projects,
Calhoun and Matagorda Counties
August 2019
(2020)
Texas-based energy company Max Midstream announced the acquisition of
the Seahawk Pipeline and Terminal from Oaktree Capital at the Port of Calhoun (“the Port”) with
plans for a historic pipeline that will connect the Port directly to both Eagle Ford and Permian
Basins to transport up to 20 million barrels a month to a revitalized terminal at the Port. Exports
will begin with completion of the first phase in late 2020, and the second phase project is expected to be completed by 2023.
Max Midstream unveiled plans on Sept. 23 to develop a new export hub for U.S. crude oil on the Texas Gulf Coast following the acquisition of the Seahawk Pipeline and Terminal from Oaktree Capital Management LP.
The revitalized terminal located at the Port of Calhoun is not only expected to connect the Port to both the Eagle Ford and Permian basins, but also create more than 1,000 jobs in the Lone Star State, according to Todd Edwards, president of Houston-based Max Midstream.
Max Midstream recently announced a public-private partnership with the Calhoun Port Authority in which Max Midstream will invest $360 million to finance the deepening and widening of the Port of Calhoun by 2023.
Max Midstream announces $1 billion new pipeline to Texas Gulf coast
(2021)
Max Midstream forms two new subsidiaries to trade Texas crude and condensate in Europe
In September 2020, Max Midstream bought the Seahawk Pipeline and Terminal at the Port of Calhoun from Oaktree Capital, and announced its intention to build a new pipeline to connect it directly to the Eagle Ford and Permian basins.
The company said at the time that it planned to transform Calhoun into an alternative port to Houston and Corpus Christi for oil exporters.
The Calhoun Port Authority and Max Midstream, a Texas-based energy company, May 12 announced the first successful loading of Texas oil at the Port of Calhoun Terminal in Point Comfort, Texas. This marks the official beginning of the new partnership between the Calhoun Port Authority and Max Midstream to ship Texas oil to global markets.
Max Midstream and the Calhoun Port Authority (CPA) have announced that the expansion of the Calhoun port in Houston, Texas, will begin in 2021 with the recent passage of the 'Water Resources and Development Act' by Congress. The national legislation included language pursued by both Max and the CPA that authorises the deepening and widening of the port.
(2022)
Texas Pipeline Company Max Energy Teams With Macquarie to Offset Its Direct Emissions Under a Structure That Will Also Allow Max to Offer Carbon Services to Its Customers
Crude Condensate Terminal Expansion/Point Comfort, Texas: Earthjustice Judicial Petition Challenging TCEQ Air Permit
Gulf and Environmental Groups File Suit to Halt Dredging through Toxic Superfund Site for Oil Export Terminal
(2023)
Max Midstream is creating additional egress for crude oil exports at the Port of Calhoun on the Texas Gulf Coast.
In 2021 Max converted a 21-inch, 12-mile natural gas pipeline to transport crude oil from its Edna terminal in the Eagle Ford to its Seahawk terminal at the Port of Calhoun. Later this year, Max expects to complete the conversion of a 14-inch gas pipeline to ship Eagle Ford oil via Victoria Express Pipeline (VEX) to the Edna terminal. Max is also converting a 16-inch gas pipeline to move Permian and Eagle Ford crude oil from Gray Oak Pipeline to the Edna terminal. Max is targeting completion of that project in 1Q24. In addition to the pipeline projects, Max Midstream has expanded tank capacity and truck lease automatic custody transfers (LACTs) at Edna to handle more volume.
PORT LAVACA, Texas—Federal authorities have outlined a path forward for controversial plans to dredge a canal for oil tankers through a Superfund site on the Texas coast amid persistent environmental concerns.
During a presentation Tuesday night in a hotel conference room here, officials from the U.S. Army Corps of Engineers outlined a $2.8 million effort to test the bay floor at the site and order the removal of any contaminants identified so that the Matagorda Bay ship channel project can move forward. The project calls for dredging and expanding a 27-mile stretch of the canal to make way for larger tankers carrying oil from Texas for export.
In its response, Max Midstream did not respond to those allegations. Instead, it cited what it characterized as the “quintessential one-mile test” by Texas’ environmental regulator, the Texas Commission on Environmental Quality, to claim that the groups and citizens involved had no right to bring forth a challenge because they lived more than 1 mile from the Seahawk Oil Terminal.
(2024)
Judge strikes down state agency's controversial '1-mile rule' decision: 'This practice is arbitrary and unlawful'
In order to file an objection against a pollution permit in Texas, the filer must be deemed an "affected person" who will be impacted by the pollution more than the general public.
Another case of note: An appeal of a Travis County judge’s order striking down the TCEQ’s so-called one-mile rule, which holds that anyone who lives farther than a mile from an industrial facility can’t contest a permit. Inside Climate News reported last year that the TCEQ “has consistently invoked the [rule] to deny permit hearings for at least the past 13 years, even though no such rule exists in either Texas law or TCEQ rules.” The case in litigation involves the proposed expansion of the Seahawk oil terminal by a company called Max Midstream on Lavaca Bay, southwest of Houston.
State Sen. Joan Huffman, a Republican and a sponsor of the legislation that created the 15th Court, told Public Health Watch that the new body “will allow judges to apply specialized precedent in subject areas important to the entire state. Because these are issues of statewide concern, judges selected statewide should be deciding them, and they should be experts in these types of cases.”
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