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 May 22, 2023 to May 25, 2023.  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 §§30.25, 30.32, and 30.41, 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, June 2, 2023.  The public comment period for this project will close at 5:00 p.m. on Sunday, July 2, 2023.

FEDERAL AGENCY ACTIONS:

Applicant: City of Palacios

Location: The project site is located in Tres Palacios Bay, at two locations: the first being south of Fisherman’s Memorial adjacent to Margerum Boulevard then southwest to the terminus of County Road 321; the second site runs parallel to a portion of East Bayshore Drive/County Road 305, in Matagorda County, Texas.

Latitude and Longitude:

North Project Site: 28.731785, -96.201372

South Project Site: 28.694422, -96.235024

Project Description: The applicant proposes to install approximately 6,620 linear feet of 20-foot-wide breakwaters into open waters of Tres Palacios Bay for shoreline protection. The applicant proposes to discharge approximately 13,515 cubic yards of clean rock fill to a height of 3 feet above the mean high water line (MHWL) into approximately 1.68 acres of unvegetated open water for the northern breakwater which would be comprised of five individual segments.

The southern breakwater would require the discharge of approximately 8,850 cubic yards of clean rock fill to a height of 3 feet above the MHWL into approximately 1.34 acres of unvegetated open water which would be comprised of three individual segments. The dimensions of each segment are located within the plans.

The applicant has stated that they have avoided and minimized the environmental impacts by orienting the design and location of the breakwater reefs to avoid impacts to waters of the U.S. as much as possible and designing the temporary workspace to be as close as possible to where the breakwater reefs will be constructed, yet still be located in unvegetated portions of the bay with no seagrass beds or oyster reefs, and being located as close as possible to the marina boat channel so barges and equipment have convenient, close access to the project site.

The applicant is not proposing mitigation since the project will serve to protect existing wetland habitat. The applicant has stated that although approximately 1.36 acres of potential oyster habitat may be impacted by the proposed project, the breakwaters would create an additional 3.28 acres of oyster habitat resulting in a net gain of 1.72 acres of oyster habitat.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2023-00171. 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: 23-1276-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.