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: Port of Houston Authority

Location: The project site is located in Bayport Ship Channel, at 12619 Port Road, in Seabrook, Harris County, Texas.

Latitude and Longitude: 29.609198, -95.013723

Project Description: The applicant proposes to modify Department of the Army (DA) Permit SWG-1998-01818 (formerly 21520) to extend the authorized length of Wharf 1 at the Bayport Container Terminal (BPT) by 676 feet at the northeast end to be 1,676 linear feet. With the proposed Wharf 1 extension, there will be discharge of approximately 23,100 cubic yards of fill below mean high water (MHW) into 3.56 acres of the channel behind the existing bulkhead and to install a bulkhead extension. Project components also include the mechanical and/or hydraulic dredging approximately 177,000 cubic yards of material from 3.6 acres of the channel to a depth of -48.5 feet mean lower low water (MLLW), with a 2-foot allowable overdredge, as well as the use of bed-leveling, as needed, to maintain dredge depth across the entire length of the terminal

wharfs. There would be surveys conducted before and after bed leveling activities to monitor that the silt does not enter the federal channel. Lastly, a pile-supported fire boat dock would be constructed at the northwest end of the terminal and consist of an approximately 6-foot-wide by 74.5-foot-long gangway and a 12-foot-wide by 72-foot-long floating pontoon for mooring.

The applicant stated that the purpose of the project is to maximize terminal and wharf efficiency and optimize productivity at the Bayport Container Terminal by providing a fast turnaround for container and cargo vessels to meet current cargo and supply chain demands.

The applicant has stated that they have avoided and minimized the environmental impacts by limiting the project footprint to the minimum needed to meet the purpose of maximizing terminal and wharf efficiency and optimizing productivity at the Bayport Container Terminal.  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- 1998-01818. 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: 23-1270-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.