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 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of July 22, 2019 to July 26, 2019.  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 §§506.25, 506.32, and 506.41, 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, August 2, 2019.  The public comment period for this project will close at 5:00 p.m. on Sunday, September 1, 2019.

FEDERAL AGENCY ACTIONS:

Applicant: Fisher Industrial Gateway Terminals, LLC

Location: The project site is located at the terminus of Tri City Beach Road south of Cedar Bayou, in Baytown, Chambers County, Texas.

Latitude & Longitude (NAD 83): 29.264555, -94.896683

Project Description:  The applicant proposes to construct a commercial goods dock and fleeting project intended for the loading of steel rolls, containers, and liquid products safely and efficiently. The proposed project would shorten trips needed for hauling loads to only half-mile upstream of Cedar Bayou, saving transportation costs, delays, traffic, and barge collisions while providing a safer alternative for the shipping and receiving of commercial goods. In order to complete the project, the applicant is proposing to install 1,338 feet (ft) of steel corrugated bulkheading to stabilize the banks of the commercial dock, expand the existing, privately owned Tri City Beach Road to a width of 200 ft to allow safe thoroughfare that would fill 1.69 acres (ac) of Waters of the United States (WOUS), including wetlands. The proposed project would also raise the loading and unloading dock to an elevation of +9 ft above Mean Lower Low Water (MLLW). The applicant proposes to mechanically dredge approximately 32.94 ac and 684,000 cubic yards to a depth of -14 ft below MLLW to facilitate barge access within the area. Dredged material will be placed within a previously approved upland disposal site located 0.2 mile from the project. It is anticipated that 0.08 ac of oyster reef, 33.55 ac of waterbodies, and 0.53 ac of estuarine wetlands will be directly impacted by the proposed project.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2011-00070. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

CMP Project No: 19-1297-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Ms. Allison Buchtien P.O. Box 12873, Austin, Texas 78711-2873, or via email at federal.consistency@glo.texas.gov. Comments should be sent to Ms. Buchtien at the above address or by email.