SPN-2018-00508 FINAL AMENDMENT TO RESTRICTED AREA: Military Ocean Terminal, Concord

FINAL AMENDMENT TO RESTRICTED AREA: Military Ocean Terminal, Concord

PUBLIC NOTICE NUMBER:  SPN-2018-00508

PUBLIC NOTICE DATE:  March 22, 2024

PROJECT MANAGER:  Greg Brown                        TELEPHONE:  415-503-6791                    E-MAIL: gregory.g.brown@usace.army.mil

The U.S. Army Military Surface Deployment and Distribution Command (SDDC), 834^th Transportation Battalion (POC:  Mr. J. Stephen Volk, MOTCO Environmental Division Chief, (925) 246-4182, john.s.volk.civ@army.mil), requested that the U.S. Army Corps of Engineers (USACE) revise the restricted area boundaries of the Military Ocean Terminal Concord (MOTCO) in order to provide an adequate security buffer for MOTCO shoreline infrastructure and operational needs.  The MOTCO restricted area is located along the south shore of Suisun Bay, north of the City of Concord, Contra Costa County, California (see attached map).   

In response to this request by the SDDC and pursuant to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat 892; 33 U.S.C. 3), USACE has amended the restricted area regulations in 33 CFR Part 334.1110 to revise the restricted area boundaries as described below.

As illustrated in the attached map, the western terminus of the original restricted area boundary has been shifted approximately 700 yards west along the shoreline to Point A, so that it encompasses the mouth of Hastings Slough and eliminates a potential route of unauthorized encroachment into the MOTCO installment.  Along the central and eastern parts of the restricted area, the original boundary was shifted bayward to the edge of the existing navigation channel (Roe Island Channel, Port Chicago Reach, and Middle Ground West Reach).  The revised eastern boundary follows the southern edge of the navigation channel and would therefore not impact vessel traffic in the channel.  The eastern shoreline terminus (Point G) remains at its original location.

USACE published a proposed rule in the Federal Register on January 11, 2023, (88 FR 1532). No comments were received in response to the proposed rule.  The January 11, 2023, proposed rule included coordinates of reference points A through G along the revised boundary.  Minor adjustments to the coordinates of boundary points D and E have been made in the final rule to locate the points just outside the boundaries of the adjacent navigation channel and ensure that the restricted area does not encroach on the navigation channel.  Additional formatting changes were made to the coordinates of other points to ensure data consistency (i.e. all coordinates shown in decimal degrees to four decimal places), which did not change the location of those points.

USACE published a final rule to amend the restricted area regulations in the Federal Register on March 22, 2024. The amended regulations are in full force and effect as of April 22, 2024. Please visit www.regulations.gov and search under docket number COE-2022-0012. For the reasons set out above, the Corps amends 33 CFR part 334 as follows:

PART 334 – DANGER ZONE AND RESTRICED AREA REGULATIONS

1. The authority citation for 33 CFR part 334 continues to read as follows:

Authority: 40 Stat. 266 (33 U.S.C. § 1) and 40 Stat. 892 (33 U.S.C. § 3).

2. 33 CFR Part 334.1110 is revised to read as follows:

§ 334.1110 Military Ocean Terminal Concord; restricted area.

(a) The area. Beginning at point A on the shore west of the mouth of a small slough (known as Hastings Slough) and passing east of buoy R “6” bearing 60°30′ for 2,860 yards, through Point B on the eastern end of the two Seal Islands, to point C on the southern edge of the Roe Island Channel near buoy R “16A”; thence in a generally easterly direction running along the southern edge of the Roe Island Channel, Port Chicago Reach and Middle Ground West Reach (points D and E) to point F directly north of the eastern shore boundary (point G); thence 180° to point G on the shore line; thence following the high water shore line in a general westerly direction to the point of beginning.

The datum for these coordinates is NAD-83

2. The regulations. 

(1) No person, vessel, watercraft, conveyance or device shall enter or cause to enter or remain in this area. No person shall refuse or fail to remove any person or property in his custody or under his control from this area upon the request of the Commanding Officer of Military Ocean Terminal Concord or his/her authorized representative.

(2) The regulations in this section shall be enforced by the Commanding Officer, Military Ocean Terminal Concord, and such agencies as he/she shall designate.

Inquiries regarding this matter can be directed to Greg Brown of the USACE San Francisco District, Regulatory Division at gregory.g.brown@usace.army.mil, or 415-503-6791.