Notice: Notice and Opportunity to Comment on Requests for Consistency – Texas Department of Transportation - Houston District

December 25, 2020

December 25, 2020 00:00AM

Coastal Coordination Advisory Committee

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 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of December 7, 2020 to December 17, 2020.  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 §§506.25, 506.32, and 506.41, 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 25, 2020.  The public comment period for this project will close at 5:00 p.m. on Sunday, January 24, 2021.


Applicant: Texas Department of Transportation - Houston District

Location: The project site is located in 32 separate wetlands and 9 separate streams and open waters, including Jones Creek and the Brazos River; within the State Highway (SH) 36 right-of-way (ROW) from Farm-to-Market Road (FM) 2004 to FM 1495, in Brazoria County, Texas.

Latitude & Longitude (NAD 83): 28.970469, -95.450604

Project Description: The applicant proposes to expand, or widen, 11.6 miles of SH 36 from a two-lane roadway to a four-lane roadway with a grassy center median in rural sections and a continuous center left-turn lane in urban areas. This will consist of permanently discharging fill material into approximately 17.598 acres (28,561 cubic yards) of waters of the United States (US), including non-tidal wetlands and waters subject to Sections 10 and 404, to facilitate the widening of SH 36.

Approximately 13,782 cubic yards of material will be excavated from waters of the US to be used as fill material onsite that are only jurisdictional under Section 404 of the CWA; as such, is a non-regulated activity.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2013-00670. 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. 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: 21-1137-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 Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at

Send a comment about this notice to the GLO