HomeMy WebLinkAbout(01) TGSD PLEASURE ISLAND DOCK FACILITIES PROJECT TGSD PI Dock Facilities' USACE Permit Summary
TGS Development, LP ( "TGSD ") applied for a Section 404 permit with the US Army Corps of
Engineers ( "USACE ") in November 2011 for a project to build a liquid petroleum terminal on
Pleasure Island in Port Arthur, Texas. TGSD secured the right to develop the site from the
Pleasure Island Commission of the City of Port Arthur. PI Dock Facilities LLC entered into a
long -term lease for the site in December 2012. The site was selected based upon its unique
proximity to the existing turning basin located at the Port Arthur Junction on the Sabine Neches
Waterway. The site was also previously used as a dry dock facility and was constructed pursuant
to the USACE Permit No. SWG- 2007 -2522 (Formerly 17044). The site's previous use and
location result in significantly reduced dredging requirements compared to other potential
projects sites.
The project as originally designed was issued for Public Notice on May 2, 2012. In response to
comments from the Public Notice and concerns related to the construction of the pipeline near
the toe of the USACE Placement Area 8 ( "PA8 ") levee, TGSD revised the proposed pipeline
route to include a horizontal directional drill ( "HDD ") from the lease site to near where the
pipeline turns to cross the ship channel. The proposed HDD was designed to cross under a
portion of PA8 with the top of pipe elevation at minus 59 feet under the majority of PA8. A
meeting was held with Richard Whitmire, the local USACE representative, to discuss the revised
routing and the HDD under PA8. It was determined that there should be no problems with
USACE digging for material and placement of material for the levee over the pipeline.
A revised permit package including the new pipeline routing was submitted to the USACE on
July 5, 2012. The permit package was issued for a 15 -day Interagency Coordination Notice on
November 6, 2012. On November 26, 2012, TGSD was informed that the USACE needed no
further information and that the USACE would develop a decision document for the project. On
December 13, 2012, the USACE issued an email stating that USACE Regulatory received notice
from the USACE Operations and Navigation Division ( "USACE OD -N ") stating that they
wanted to review the TGSD permit action concerning the real estate easement. As a result, the
permitting process is on hold until a resolution to the USACE OD -N concerns can be identified.
The current delay is associated with the USACE OD -N concern over the projects location
relative to federally owned lands. Chris Frabotta, Deputy Chief of Operations Division and
Chief of Navigation Branch, indicated that his group has determined that a portion of the project
is planned to be located on property in which the US Government has an interest. TGSD
understands that the USACE OD -N basis for the US Government's interest is tied to an easement
and a Memorandum of Agreement held for portions of the project site. TGSD has requested
copies of these documents from the USACE OD -N along with support for any other claim the
USACE might have for rights to portions of the project site. The USACE OD -N has stated that
their primary concerns include the location of a tank farm on US lands and ensuring the long-
term integrity of the pipeline planned to cross under PA8.