Filed Date: December 16, 2024
Event Date: December 16, 2024 17:00PM
Board: Federal Consistency
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, November 18, 2024 to December 6, 2024. 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, December 16, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday, January 15, 2025.
Federal Agency Activities:
Applicant: United States Fish and Wildlife Service
Location: The project site is located in the Gulf Intracoastal Waterway (GIWW) along the shores of the San Bernard National Wildlife Refuge extending from Cedar Lake to Cowtrap Lake, in portions of Brazoria and Matagorda Counties, Texas.
Latitude and Longitude:
Beginning: 28.813766, -95.539575
End: Latitude: 28.866944, -95.449722
Project Description: The applicant proposes to discharge 57,283 cubic yards of fill material into 18.86 acres of shallow waters of the GIWW for the construction of a 7.02-linear-mile breakwater constructed in seven segments. The breakwaters will have a 2:1 vertical slope and crest elevation of 3.0 feet NAV88. Riprap will be clean and free of hazardous materials. Fish passages will be incorporated every 500 linear feet and span 30-foot-wide. Navigation beacons will be placed at the beginning, end, and every 550 feet of each breakwater.
The applicant has stated that the project is consistent with 501.24 (now 26.24) Policies for Construction of Waterfront Facilities and Other Structures and Submerged Lands as it will not interfere with public navigation, will not significantly interfere with natural coastal processes, and avoids shading of critical areas and other adverse effects. Breakwater placements are situated in a manner to avoid known oyster reefs to the maximum practicable extent. A Shallow Water Access Plan will be implemented to avoid and minimize impacts to waters of the United States (WOTUS). Mitigation is not proposed.
The project site consists of the shallow, open bay bottoms of the GIWW along a section that is bordered by the San Bernard National Wildlife Refuge. The shoreline has experienced heavy erosion due to wave and wind action that has resulted in coastal marsh degradation and loss.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2024-00183. 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.
CMP Project No: 25-1075-F2
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.