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 14, 2025 to April 17, 2025. 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 25, 2025. The public comment period for this project will close at 5:00 p.m. on Sunday, May 25, 2025.
Federal License and Permit Activities:
Applicant: Judge Jhiela “Gigi” Poynter
Location: The project site is located at Black Point in Copano Bay, along Copano Bay
Drive and adjacent to FM Road 136, near Bayside, Refugio County, Texas.
Latitude and Longitude: 28.077742, -97.221469
Project Description: The applicant proposes constructing a 460 linear-foot limestone breakwater that will protect the boat ramp from future sediment deposition. Additionally, 300 linear feet of oyster reef balls (or comparable material) will be installed to protect nearby marsh from further erosion due to boat traffic. The project will also include planting of 0.21 acres of saltmarsh cordgrass (Spartina alterniflora) behind the reef balls to enhance habitat restoration. Together these features will allow for wave attenuation and, along with marsh plantings, will aid in the restoration of wetlands” and the protection of another 0.5 acres of marsh (CBBEP Project #2340 – Town of Bayside Shoreline Protection and Public Access, Phase II).
Contractor(s) will utilize the existing road, parking lot, and boat ramp to access the area. A small, shallow drafting barge is expected to be staged in one of the boat ramp stalls so that construction materials (oyster reef balls and limestone) and machinery can be loaded onto the barge. The barge will then be positioned by shallow drafting skiffs near both the proposed breakwater and the oyster habitat installation areas, so that onboard machinery can offload the limestone riprap and oyster reef balls. Only previously cleaned or original material will be used to prevent dirt and other materials from affecting water quality. The fill for the outer breakwaters involves 826 cubic yards (C.Y.) of material for 0.27 acres of permanent impact. The oyster habitat involves 0.07 acres and approximately 153 C.Y. of oyster habitat. The total impact is 0.34 acres resulting from 979 C.Y. of fill. The transplanting of 0.21 acres of saltmarsh cordgrass plugs will occur after the oyster reef balls (or other approved materials) are installed adjacent to the marsh site. Saltmarsh cordgrass will be taken from a roadside ditch along FM 136 and transplanted into the proposed restoration
area. During the restoration of the marsh, contractors will utilize a previously disturbed work corridor to prevent impacts from ingress/egress to the restoration area. Temporary board mats will be placed at the edge of the marsh adjacent to the boat ramp for contractors to haul wagons of collected plugs down the existing road to the planting site. This will allow for immediate planting of the plugs without the need to hold them or transport them offsite. These conditions will increase the survival of plugs and decrease disturbance to the adjacent marsh. The planting will occur with one (1) plug on three (3) foot centers. The planting schedule will be coordinated with Texas Parks and Wildlife, with a "Permit to Introduce Fish, Shellfish, or Aquatic Plants into Public Waters". That applicant has proposed no mitigation.
Type of Application: U.S. Army Corps of Engineers permit application #SWG-1993-00855. 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: 25-1178-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.