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 15, 2023 to May 19, 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, May 26, 2023.  The public comment period for this project will close at 5:00 p.m. on Sunday, June 25, 2023.

FEDERAL AGENCY ACTIONS:

Applicant: HMS 850 Holdings, LLC

Location: The project site is located in Burnet Bay, at 850 Independence Parkway North, in Baytown, Harris County, Texas.

Latitude and Longitude: 29.766245, -95.06856

Project Description: The applicant proposes to modify Department of the Army (DA) Permit SWG-1999-02541 to add a 15.71-acre extension of the previously authorized 31.8-acre dredge footprint for the barge fleeting area, resulting in a total barge fleeting area footprint of approximately 47.51 acres. The applicant is also requesting a 10-year maintenance dredging authorization to mechanically and/or hydraulically remove approximately 105,300 cubic yards of dredge material from the extended dredge footprint to a depth of -12 feet Mean Lower Low Water (MLLW), including the associated return effluent from previously authorized dredge material placement areas (DMPAs). In addition, the applicant is requesting authorization to place the dredged material, and subsequent maintenance material, into the Burnet Bay Beneficial Use site (DA Permit SWG-2008-00127). The material would be tested according to Table 1 of the Sediment Sampling and Report Requirements for Beneficial Use Sites that was approved by the Environmental Protection Agency, Texas Commission on Environmental Quality, Corps, and the Port of Houston Authority in August 2020.

The applicant stated that the purpose of the proposed project is to expand the barge fleeting area to accommodate additional barges.

The applicant has stated that they have avoided and minimized the environmental impacts by limiting the expanded barge fleeting area to the minimum size needed to meet the purpose of accommodating additional barges.  The applicant has not proposed to mitigate for the proposed impacts because there will be no impacts to special aquatic sites.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-1999-02541. 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: 23-1265-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.