Notice: Notice and Opportunity to Comment on Requests for Consistency - Bay LTD.

April 19, 2024

April 19, 2024 17:00PM

Federal Consistancy



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 April 8, 2024 to April 12, 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, April 19, 2024.  The public comment period for this project will close at 5:00 p.m. on Sunday May 19, 2024.

Federal License and Permit Activities:

Applicant: Bay LTD.

Location: The project site is located in wetlands adjacent to the Intracoastal Waterway in Redfish Bay at 1124 County Road 4692, approximately 1.9 miles southeast of Ingleside, San Patricio County, Texas.

Latitude and Longitude: 27.863995, -97.173830

Project Description: The applicant proposes to expand an existing commercial facility. The proposed expansion project is located on approximately 15.0 acres of land owned by the applicant. Approximately 9.553 acres of wetlands would be filled using a variety of limestone, concrete, and earthen materials totaling approximately 57,653 cubic yards. The purpose of the expansion is to provide area for material storage, parking, and an approximately 300-foot x 100-foot warehouse.

The purpose of the proposed project would be to meet the ongoing and growing needs of the applicant’s facility by providing additional parking and storage areas.  A conceptual mitigation plan for the project is currently being developed by the applicant. Potential exists to utilize permittee-responsible mitigation for compensatory mitigation for this project. The applicant has access to potential sites that are nearby, but not immediately adjacent to, the existing facility. The type of mitigation used will be determined during discussions with the Corps.

Type of Application: U.S. Army Corps of Engineers permit application #SWG-2023-00817.  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: 24-1213-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.


Send a comment about this notice to the GLO