Enbridge Expansion

Located adjacent to Ingleside on the Bay, MODA Midstream purchased the former Ingleside Navy Base in 2018 and quickly became the leading U.S. oil export terminal. In 2021, Enbridge purchased the property. IOBCWA has sued the US Army Corps of Engineers for granting a permit to build a new dock even closer to IOB for more and larger ships to load oil for export - destroying 10 acres of seagrass/wetlands and a Karankawan site eligible for the National Register of Historic Places (NRHP) in the process. IOBCWA is also challenging a permit granted by TCEQ allowing increased air pollution. 
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Southern tip of Live Oak Peninsula occupied by the City of Ingleside on the Bay (left) and three prolific oil export terminals (right).

IOBCWA Legal Action

October 19, 2021: Scheduling order issued, delaying construction at Enbridge.
​August 24, 2021: Plaintiffs issue joint Press Release, including link to Preliminary Injunction to stop construction at MODA facility.
​August 3, 2021: Plaintiffs issue joint Press Release, including link to Complaint filed against U.S. Army Corps of Engineers.
May 17, 2021: Sierra Club joins IOBCWA's Motion to Overturn TCEQ 401 Certification
May 14, 2021: IOBCWA files Motion to Overturn TCEQ Executive Director's 401 Certification
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This shows the McGloin's Bluff Karankawan archeological site 41SP11, in relationship to the city of Ingleside on the Bay (population about 700) and Moda.
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This shows the plans for Moda's new pier to accommodate even more large ships to export oil overseas. The permit was approved by USACE on 4/29/21.

Media Coverage

3/8/20 Karakawas Blog: Call to action issued to Karankawa and allies re: MODA's planned disturbance of McGloin Bluff Archeological Site (41SP11)
1/4/21 Nueces County Voter (Instagram): IOBCWA Executive Director discusses MODA's failure to follow Texas Coastal Management Plan.
1/6/21 KRIS-TV 6: IOB citizens report unusual odors to TCEQ, as shared in this story on KRIS-TV 6, featuring IOBCWA President Patrick Nye.
1/16/21 KRIS-TV 6: Indigenous People of the Coastal Bend host prayer service to protest MODA's planned destruction of historic Karankawan site.
2/1/21 KRIS-TV 6: IOBCWA President discusses concerns about impacts to seagrasses from MODA's expansion on KRIS-TV 6 segment. 
​3/15/21 KRIS-TV 6: The oil tanker, Riverside, rams into MODA's pier as it was leaving the dock fully loaded. 
4/2/21 Corpus Christi Caller Times: South Texas' Indigenous tribes seek to block Moda Midstream's terminal expansion.
5/4/21 Spectrum News 1: Artifacts recovered over last 50 years from Karankawa archealogical site at McGloin's Bluff site showcased. 
5/7/21 Spectrum News 1: Seagrass is dying in Corpus Christi Bay near Ingleside on the Bay. 
6/30/21 Spectrum News 1: Fight over Moda's expansion that threatens Karankawan archaelogical site and seagrasses continues. 
8/3/21 Multiple Outlets: Lawsuit filed by Indigenous Peoples of the Coastal Bend, Karankawa Kadla Tribe, and IOBCWA:  8/24/21: KRIS-TV 6: Injunction filed in federal court to prevent the expansion of Moda Midstream
9/7/21: Caller-Times: Enbridge buys MODA for $3 billion; see Enbridge Investor Prospectus for plans
10/4/21: Texas Tribune: The Karankawa were said to be extinct. Now they're reviving their culture - and fighting to protect their ancestors' land
10/28/21: Caller-Times: Enbridge expansion partially on hold pending federal case
11/10/21: Ingleside Index: "David meets Goliath in IOB dispute"​
11/29/21: Spectrum 1 News: "Stop the dredging!". 
12/9-12/30/21: KEDT-FM 90.3: In Transparency We Trust (7-part series)

SUBMIT COMMENTS: Awaiting Notice of Public Meeting on MODA Air Quality Permit Amendment #122362

Review Documents

APPROVED by USACE: MODA Expansion Project (USACE Permit SWG-1995-02221)

  1. In February 2020, MODA filed a permit request with the U.S. Army Corps of Engineers (USACE) to expand their west basin toward IOB to include more larger ships. Here are links to MODA's permit application, TCEQ Tier II dredging permit application, and GLO Coastal Management Consistency checklist. 
  2. Several individuals and entities submitted public comments on the USACE permit, including IOBCWA, Texas Parks & Wildlife (TPWS), U.S. Fish & Wildlife, U.S. Environmental Protection Agency (EPA), and Texas Center for Environmental Quality (TCEQ).
  3. ​In September 2020, USACE shared MODA's 95-page response to comments, which also included an Alternatives Analysis (starts p. 39) and a 12-step Mitigation Plan (starts p. 55) of what MODA plans to do in exchange for destroying the seagrass and wetlands next to IOB (including plans to start a new seagrass bed protected by a 2000' breakwater in Port-owned submerged property at Sunset Lake near Portland). 
  4. In response to concerns from IOBCWA, State Senator Judith Zaffirini and Rep. J. M. Lozano requested that TCEQ hold a public hearing on the Tier II dredging permit aspect of the project, including its consistency (or lack thereof) with the Texas Coastal Management Plan.
  5. The online hearing was held on Dec. 1, 2020 at 7pm, with about 60 people in attendance and 20 people speaking in opposition to MODA. 
  6. On Jan. 27, 2021, MODA submits request to TCEQ to amend Air Quality Permit 122362. Here is a link to the permit application.
  7. On April 13, 2021, USACE issues its Statement of Findings and the Construction Permit. On April 22, 2021 TCEQ grants 401 certification for dredging. On April 29, 2021, USACE issues the construction permit. 
  8. On May 14, IOBCWA files a Motion To Overturn TCEQ's 401 certification, and is joined by the Sierra Club in this action.
  9. On June 11, 2021, in response to public comments from IOBCWA and others, MODA submits an application for "New Source Review" for Air Quality Permit 122362 (resetting the emissions baseline to zero), submits to Prevention of Significant Deterioration (PSD) review (PSDTX1430M2), and agrees to obtain a new Greehouse Gas (GHG) permit for the site (GHGPSDTX209).
  10. On June 16, 2021, MODA posts a revised TCEQ Public Notice to modify its air pollution limits.
  11. On June 17, 2021, Indigenous People of the Coastal Bend and IOBCWA host a "Stop MODA Now!" Facebook Live Event to elevate awareness. 
  12. On August 3, 2021, along with the Indigenous Peoples of the Coastal Bend and the Karankawa Kadla Tribe of the Texas Gulf Coast, IOBCWA sues the U.S. Army Corps of Engineers for its approval of MODA's expansion permit.
  13. On August 24, 2021, a preliminary injunction is filed by the litigants to stop construction. 
  14. All activity on TCEQ notices (including comments from public hearings - including audio) can be found by doing the following:
    1. Go to the TCEQ home page at www.tceq.texas.gov
    2. Click "View Pending Matters and File Documents"
    3. Click "Track the Status" to get to the TCEQ Commissioners' Integrated Database (CID) 
    4. For TCEQ ID Number, enter "20201351MIS" (401 "dredging" certification for USACE) or "122362" (air pollution)
    5. Check the boxes for "Include Filings on this Item" and "Include all correspondence from the public on this item"
    6. Click the Search button just below the checked items and examine the returned data.

How You Can Express Your Concerns about MODA Permit #SWG-1995-02221

Problem #1: Loss of Habitat, Shoreline Protection, Safety, and Sanity:
It will be quite disruptive to the neighboring community of Ingleside on the Bay when MODA starts digging and dredging to construct this new dock. And then they will have to keep it dredged. They will also be permanently removing what has been fertile seagrasses for flounder and wetlands for seabirds on the Central Migratory Flyway, while leaving the Brass Turtle end of IOB exposed to even more coastal flooding, storm surge, erosion, and relative sea level rise impacts. And let's not forget about the increased possibility of ship collisions, oil spills, and increased fumes and air pollution from generators used while even more ships dock at MODA to load up with oil. 
Problem #2: Insufficient Mitigation: To make up for the destruction, MODA is offering to put 70 acres of live oak forest in a permanent easement along the fence line with IOB (see figure below on left). The problem is, this will not make up for the loss of coastal habitat for fish and sea birds. They are also proposing to construct a 2000' breakwater and plant 20 acres of new seagrass - at Port-owned property at Sunset Lake up by Portland (see figure below on right)! How exactly does that compensate IOB for our community's fish and wildlife habitat loss and increased air, noise, and light pollution?
Problem #3: Potential Destruction of Karankawan Site: McGloin's Bluff is a known heritage site of the Karankawa Tribe, who were the first peoples in the region. The area proposed for the additional MODA dock includes further destruction of a known Karankawan archeological site that was eligible for placement on the National Register of Historical Places as described in pp. 8-15 of Current Archeology of Texas. Yet the Indigenous People of the Coastal Bend have not been consulted regarding industrial development taking place here and all around the Coastal Bend.  
​Solution: Community participation is key! Our legislators are listening; the press is listening; now we need to get TCEQ to listen! Please join us!

 MODA's Expansion Request - Unavoidable Impacts???

Since buying the former Ingleside Navy Base from Occidental in 2018, MODA has been constructing oil storage tanks to store Permian Basin oil for exporting to foreign countries. As a result, the old Navy pier has seen nearly constant use by every-larger ships, such as VLCCs (very large crude carriers) and Suezmaxes. Most ships run off generators while loading their cargo, and IOBCWA has recorded significantly higher air pollutants near the Brass Turtle than in other parts of IOB. We have also observed plumes from dredging and ship traffic that are causing silting of seagrasses in the submerged lands off Bayshore Drive. Now, as shown in the figures below, MODA wants to build another dock - even closer to the Brass Turtle - nearly doubling the number of ships! We are concerned that the loss of about 10 acres of seagrass and wetlands adjacent to IOB will impact area fish and wildlife and that increased traffic at the convergence of two ship channels will jeopardize boater safety and increase air, noise, and light pollution. We also question the need for the project, since oil prices have taken a nose dive - even going negative for awhile during this pandemic. IOBCWA's stance is that MODA should drop this project altogether. MODA says these impacts are unavoidable and that “The consequences of not building the project would result in potential loss of economic growth within the surrounding area and would not meet the needs of Moda's existing and committed future client base”. Is it the job of public agencies like the U.S. Army Corps of Engineers and the Texas Commission of Environmental Quality (TCEQ) to make sure a private industry can meet the needs of its private customers - many (or even most) of which are in foreign countries? How exactly does this PRIVATE project serve the PUBLIC interest?
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Proposed West Basin Expansion Project closer to Brass Turtle - including seagrasses and wetlands to be destroyed

Recording of TCEQ Public Hearing Held on 12/1 at 7pm

About 60 people attended the nearly 3-hour hearing, with about 20 speaking in opposition to MODA's planned expansion. We've broken down the meeting into 3 separate recordings:
  1. TCEQ Overview and Informal Q&A
  2. Formal Public Comments - Part I
  3. Formal Public Comments - Part II

The full 3-hour recording can be accessed here: https://tinyurl.com/MODApublichearing

HELP IOBCWA monitor pollution from MODA and other industries on the Live Oak Peninsula!
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