Notice and Opportunity to Comment on Requests for Consistency - Texas Department of Transportation-Beaumont District

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: Texas Department of Transportation-Beaumont District

Location: The project site is located within palustrine emergent wetlands and perennial stream, directly abutting Farm-to-Market Road 365, approximately 11 miles south of Beaumont and 5 miles west of Nederland, in Jefferson County, Texas.

Latitude and Longitude: 29.914235, -94.041702

Project Description: The applicant proposes to discharge approximately 2,447 cubic yards (CY) of fill material into regulated aquatic resources. This fill material will result in the permanent loss of 1.076 acres of palustrine emergent wetland with an additional temporary loss of 0.428 acres of palustrine emergent wetland and 0.003 acres of perennial stream. The proposed project at FM 365 is to extend an existing bridge crossing over Rhodair Gully/Gallier Canal approximately 1.3 miles, expanding the project 100 feet to the west of Bordages Road to Jade Avenue. The existing right-of-way is 13.35 acres and 4.23 acres of additional proposed right-of-way is necessary for the project. The proposed right-of-way will include an additional 5 feet south and west of Rhodair Gully for a total of 45 feet south of the existing right-of-way. The portion of the project located south and east of Rhodair Gully will be extended up to 110 feet. The applicant proposed to mitigate for the proposed impacts by purchasing a total of 3.228 palustrine emergent credits from the Blue Elbow Mitigation Swamp Bank.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2024-00709.  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: 25-1063-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.

Send a comment about this notice to the GLO

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