Notice and Opportunity to Comment on Requests for Consistency
Agreement/Concurrence Under the Texas Coastal Management Program
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 August 20, 2012, through August 30, 2012. 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 September 12, 2012. The public comment period for this project will close at 5:00 p.m. on October 12, 2012.
FEDERAL AGENCY ACTIONS:
Applicant: Jefferson County Drainage District No. 7
Location: The proposed project is located on the east bank of Alligator Bayou on the Port Arthur Hurricane Protection Levee, opposite the existing Alligator Bayou Pump Station No. 16 (PS 16), at the confluence of Alligator Bayou and Taylors Bayou, approximately 2 miles southwest of Port Arthur, in Jefferson County, Texas. NAD 83, Latitude: 29.8626 North; Longitude: -93.9872 West.
Project Description: Department of the Army Permit SWG-2007-00850, issued to the applicant on 12 February 2010, authorized permanent excavation in Taylors Bayou of 0.31 acres of open water and 0.21 acres of adjacent herbaceous wetlands, and permanent fill of 0.037 acres of open water in Alligator Bayou, during construction of a new low-flow pump station. Approximately 970 linear feet of temporary steel sheet pile cofferdam was authorized. The applicant proposes to modify the project. Approximately 1,400 linear feet of temporary steel sheet pile cofferdam would initially be constructed around the construction site to allow excavation and construction in the dry. Construction of the cofferdam would result in 0.82 acre of temporary impact to waters of the U.S. The areas to be excavated consist mostly of man-made levee and access road. The new pump station, concrete wing walls, concrete slab, access road, and pumping machinery would then be constructed within the newly excavated area, with a bottom elevation at approximately 4.5 feet below sea level. The applicant proposes to mitigate for the proposed aquatic resource impacts.
CMP Project No.: 12-0846-F1
Type of Application: U.S.A.C.E. permit application #SWG-2007-00850 Amendment is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
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. Kate Zultner, Consistency Review Specialist, P.O. Box 12873, Austin, Texas 78711-2873, or via email at firstname.lastname@example.org . Comments should be sent to Ms. Zultner at the above address or by email.