Notice: Notice and Opportunity to Comment - Treasure Oaks, L.P.

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 April 4, 2012, through April 11, 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 April 18, 2012. The public comment period for this project will close at 5:00 p.m. on May 18, 2012.

FEDERAL AGENCY ACTIONS:

Applicant: Treasure Oaks, L.P.

Location: The project site is situated on 8 Mile Road/Anderson Ways on west Galveston Island, in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Virginia Point, Texas. NAD 83, Latitude: 29.264 North; Longitude: -94.889 West.

Project Description: The applicant proposes to conduct dredging activities within Sweetwater Lake and approximately 1,000 linear feet of West Bay to construct a navigational channel for recreational boater access. The phased project will include the initial dredging of segment 1. Segment 1 will involve the dredging of approximately 9,000 linear feet of shallow, non-vegetated bottom, and the placement of 21,000 cubic yards of sandy material in a 1.61 acre beneficial use creation area in the area authorized for beneficial use in Department of the Army Permit SWG-2005-00804. Segment 2 will occur at a later time, based upon need, and will involve 8,000 linear feet of dredged area, to complete the Sweetwater channel, and will place approximately 33,000 cubic yards of sandy material in upland areas adjacent to the dredged area. In order to compensate for impacts to shallow tidal bottom areas and minimize the projects overall adverse environmental impacts, the applicant will mitigate by use of beneficial placement of dredged material. The beneficial use creation area will establish approximately 1.61 acres of new marsh habitat.

CMP Project No.: 12-0710-F1

Type of Application: U.S.A.C.E. permit application #SWG-2009-00225 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 Coastal Coordination Council 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, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or via email at kate.zultner@glo.texas.gov. Comments should be sent to Ms. Zultner at the above address or by email.