Notice: Notice and Opportunity to Comment on Requests for Consistency – Marian Maritime, LLC

December 01, 2017

December 01, 2017 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 November 6, 2017 to November 22, 2017.  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 1, 2017.  The public comment period for this project will close at 5:00 p.m. on Tuesday, January 2, 2018.

FEDERAL AGENCY ACTIONS:

Applicant: Marian Maritime, LLC

Location:  The project site is located on the Old River Cove portion of Sabine Lake, on Humble Island, near Port Arthur, in Orange County, Texas.

LATITUDE & LONGITUDE (NAD 83): 29.973831 -93.847308

Project Description: The applicant proposes to dredge approximately 15,281 cubic yards of material to facilitate the expansion of an existing commercial barge and push boat fleeting operation. The material will be mechanically dredged waterward of the mean high tide (MHT) line of the Old River Cove to a depth of ten feet below mean low tide (MLT) with a two-foot over-dredge along approximately 284 linear feet of shoreline. Extending waterward between 100 and 200 feet from the shore of Humble Island, the approximate 0.789-acre dredge footprint includes 0.774 acres of Section 10/404 Open Water of the Old River Cove and approximately 0.015 acres of herbaceous sub-tidal wetlands. The proposed dredge depth (10 feet) will open up into, and match existing bottom elevations of the south-adjacent Gulf Intracoastal Waterway (GIWW). The applicant proposes bi-annual maintenance dredging to maintain the project-required depth of ten feet.

The applicant stated that the proposed action includes dredge impacts only. Dredged material will be evenly spread in existing adjacent uplands west of the project area along approximately 2.74 acres of applicant-owned land with appropriate best management practices deployed to prevent sediments from returning to the GIWW. The applicant has stated that no fill material will be placed in wetlands and that no other jurisdictional wetlands or other special aquatic sites (including seagrass beds, oyster beds, tidal or mud flats) are proposed to be directly impacted by the project activities.

The upland area proposed for dredged material is directly adjacent to potential palustrine forested wetland areas and a navigable waterway. While the applicant has stated that best management practices will be utilized, there exists a probability of discharge of dredged material into these areas, which would require authorization under Section 404.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2017-00505. 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 (CWA).

CMP Project No: 18-1067-F1

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action or activity is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Land Commissioner for review.

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Ms. Allison Buchtien, P.O. Box 12873, Austin, Texas 78711-2873, or via email at federal.consistency@glo.texas.gov.  Comments should be sent to Ms. Buchtien at the above address or by email.


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