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: Port of Port Mansfield

Location: The project site is located in the Port Mansfield Channel from STA 16+000 to STA -4+000, with the approximate 250-acre placement area within the surf zone of the Gulf of Mexico and along the Padre Island National Seashore (PINS) beach from the Port Mansfield North Jetty, extending 10,770 feet north (including all of the existing Corps Placement Area 2A), in Willacy County, Texas.

Latitude and Longitude: 26.563495, -97.276357

Project Description: The applicant proposes to conduct maintenance dredging of approximately 2 million cubic yards of beach quality sand (<1% silt and clay) from within the federal channel entrance (Port Mansfield Channel) performed in accordance with design drawings from USACE SWG‐IWW‐1175‐276, from STA 16+000 to STA ‐4+000. Specific requested regulated actions include maintenance dredging of the Port of Port Mansfield federal channel entrance; beneficial use and placement of the dredged material within a 1,082‐foot by 10,770‐foot (approx. 250‐acre) portion of PINS extending northward from the north channel jetty (including all of Corps Placement Area 2); and future maintenance dredging and beneficial use for beach nourishment at the beach nourishment placement site.

The sediment from the channel would be hydraulically dredged from the proposed dredge areas and pumped via floating and submerged dredge pipeline to the proposed placement area. Prior to placement, the shoreline would be evaluated to define current conditions and determine the optimal location for placement to best nourish the beach and avoid adverse impacts to species habitats. The fill would be placed in accordance with a preconfigured fill design template (see plan drawings) to avoid impact to sensitive habitats and prevent any escarpments that would be detrimental to sea turtle nesting activities from forming. The beach nourishment template will include a maximum cross shore slope of 5 degrees (~1H:11.4V) placed longshore in 500-yard long sections with 500-yard gaps in between sections, alternating sections for each event. The dredged material would be placed within an approximate 1,082-foot-wide cross-section and overall fill volume would not exceed an estimated 2 million cubic yards. Only beach-compatible material would be transferred to the shoreline.

The dredged material would be transferred from the channel to the placement area via pipeline, and the pipeline outfall would include an energy dissipator or diffuser to slow discharge velocity and prevent scour immediately beneath the discharge point. Dredging and placement would be coordinated with landowners and pertinent agencies and would be conducted in accordance with best practices to protect sea turtles and birds such as Piping Plover, Black Rail, and Rufa Red Knot (and other local species).

Emergency dredging, as needed, may occur outside of the Mid-October to March timeframe and would be smaller in magnitude (approximately 300,000 cubic yards per event), to allow for safe navigation through the channel after observed shoaling has occurred. During these events, PINS monitoring requirements would be followed by the contractor to allow for PINS personnel to be on site daily for monitoring. Beach closure signs shall be installed by the contractor at locations designated by the National Park Service with text approved in advance by PINS.

The applicant is also requesting a maintenance dredging time period of 10 years.  No mitigation is proposed for this project.

Type of Application: U.S. Army Corps of Engineers permit application #SWG-2023-00289.  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: 24-1197-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.