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 October 14, 2019 to October 25, 2019.  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, November 1, 2019.  The public comment period for this project will close at 5:00 p.m. on Sunday, December 1, 2019.

FEDERAL AGENCY ACTIONS:

Applicant: US Army Engineering District, Galveston

Location: The project site is located in the Corpus Christi Ship Channel, and adjacent waterbodies that will be directly affected by the proposed general permit located in Aransas, Nueces, and San Patricio Counties, Texas.

Project Description:  This general permit would authorize work in navigable waters of the US to facilitate utility line removals that impact the construction of the Federally Authorized CCSCIP as ordered by the Corps’ District Engineer (DE) Directive to Remove letters sent out on behalf of the Secretary of the Army. Authorized work would include new work hydraulic and/or mechanical dredging around the utility lines to an extent of exposure for safe removal without adversely affecting the Federal Project. Dredged material excavated within 500 feet from the “top-of-slope" on both sides of the CCSCIP would be deposited in an area that has no waters of the US or in designated upland confined dredged material placement areas (DMPA). Temporary dredged and/or fill material resulting from trench excavation for the purpose of utility line removal, and/or from dredging beyond the 500-foot limit of the top-of-slope of the CCSCIP, may be temporarily side cast into waters of the US for no more than 90 days. Best management practices (BMPs) would be utilized to the fullest extent practicable when handling temporary dredged and/or fill material. Temporary dredged and/or fill material would consist of native material removed (excavated or dredged) for the purpose of utility line removal. Temporary fills would not be placed in special aquatic sites, (i.e., vegetated shallows, tidal and/or non-tidal wetlands), or in a manner that would not be eroded by expected high flows nor dispersed by currents or other forces. After conducting the utility line removal activity, temporary fills would be removed and replaced with the same native material excavated for the purpose of removing the utility line in their entirety. All affected areas, including the temporary fill areas, would be returned to pre-construction elevations. This general permit would also authorize temporary structures and/or work necessary for construction activities for utility line removal (i.e., cofferdams, dewatering). All temporary workspaces would be restored to  preconstruction contours and elevations to the fullest practicable extent to where it does not adversely impact the CCSCIP, does not create shoaling, and does not create high points within the Federal Project or other navigable waterways. This general permit would also authorize utility line removal (if not previously authorized) from within the CCSC and adjacent bay systems directly affected by the utility line removal.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2019-00315. This application will be reviewed pursuant to Section 10 and 14 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under Section 401 of the Clean Water Act.

CMP Project No: 20-1045-F2

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.