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 August 11, 2025 to August 22, 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, August 29, 2025. The public comment period for this project will close at 5:00 p.m. on Sunday, September 28, 2025.
Federal License and Permit Activities:
Applicant: Texas Parks and Wildlife Department
Location: The project site is located in Redfish Bay at two islands that are part of the Dagger Island Complex, approximately 4.5 miles south of Aransas Pass in Nueces County, Texas. The location occurs within the Redfish Bay State Scientific Area (RBSSA) as designated by the Texas Parks and Wildlife Department and owned by the Texas General Land Office, on state Submerged Tracts 336 and 341.
Latitude and Longitude: 27.84462, -97.15833
Project Description: Work considered for this project was originally authorized 26 July 2018 for the discharge of dredge and fill material at two sites within the Dagger Island complex to reduce shoreline erosion, restore lost aquatic resources, and prevent erosional degradation of seagrass beds within the RBSSA. A permit modification was issued 4 January 2020 for a reduction in size of the planned project Site 2 containment area from the originally authorized 28.3 acres to 24.8 acres, and a decrease of project-wide wetland impacts from the originally authorized 42.84 acres to 37.32 acres. To date, graded stone fill material has been placed at Site 1 for the construction of an approximately 2,912-foot-long nearshore breakwater along the southeast shoreline of the existing island, and graded stone fill material has been placed at Site 2 for the construction of an approximately 3,990-foot-long breakwater and levees. Authorization for this work expired 31 December 2023.
The current permit modification request is for authorization to place the remaining approximately 423,066 cubic yards (CY) of dredged material at Site 2 within an approximately 24.8-acre containment area to construct the previously authorized beneficial use site. Reference data from a nearby ecological reference site, Ransom Point Island, would be utilized to establish appropriate physical conditions, elevations, and contours for the establishment of intertidal shoreline, tidal flats, tidal wetlands, and high marsh resources within the beneficial use site. Once this material has been placed, it would have a settling period of approximately 6 months to 1 year before earth work can be done to level the area and work towards the development of this proposed high marsh. Over a 5-year postconstruction period, the beneficial use site would be monitored for the successful establishment of approximately 4.2 acres of intertidal shoreline, 4.6 acres of tidal flats, 10.1 acres of smooth cordgrass-dominated tidal marsh,11.2 acres of high marsh, and 3.4 acres of palustrine open water.
Since the intent of the proposed project is to restore, enhance, establish and protect existing aquatic resources (i.e. seagrass meadows within the RBSSA), these activities are expected to result in net increases in aquatic resource functions and services. Therefore, compensatory mitigation is not proposed for this activity.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2017-00295. 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: 25-1266-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.