Notice and Opportunity to Comment on Requests for Consistency
Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of September 23, 2025 to October 10, 2025. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§30.20(f), 30.30(h), and 30.40(e), the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, October 17, 2025. The public comment period for this project will close at 5:00 p.m. on Sunday, November 16, 2025.
Federal License or Permit:
Applicant: Abed Besaiso
Location: The project would affect waters of the United States associated with estuarine marine wetlands adjacent to Swan Lake at 212 Beachcomber Avenue, Surfside, Brazoria County, Texas.
Latitude and Longitude: 28.965397, -95.272122
Project Description: To provide a single-family residence on privately owned property in the community of Surfside, Texas. The applicant proposes to discharge 110 cubic yards of fill material into a 5,330-square-foot area (0.12-acre) of estuarine marine wetlands (E2EM) wetlands for the construction of a single-family home. The home components include a 1,200-square-foot home and 360-square-foot deck, supported by timber pilings. Additional components include a 2,080-square-foot driveway and 900-square-foot septic system. For construction, the soil fill will be placed in the 2,080-square-foot driveway beneath the 1,200-square-foot home and in the 900-square-foot septic system footprint. The driveway will be topped with six inches of crushed concrete. During the piling installation, temporary impacts will occur within the same footprint as the permanent impact area. The pilings that are placed behind the home and deck will be installed using a mechanical pile driving hammer. The fill material will be placed and the septic system installed with a backhoe, or skid steer.
The applicant has provided the following explanation why compensatory mitigation should not be required: The initially desired project would have had an impact of 0.13 acre of impacts to tidal wetlands, but the applicant reduced the square footage of the home such that impacts are near threshold for the Nationwide Permit program, with only 0.12 acre of impacts. Due to the minimized footprint, no compensatory mitigation is proposed.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2025-00289. This application will be reviewed pursuant Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 25-1008-F1
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.