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Notice: Notice and Opportunity to Comment - U.S. Department of Transportation

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November 07, 2012

November 07, 2012 01:00AM

Coastal Coordination Council

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 October 29, 2012, through November 2, 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 Nov 7, 2012. The public comment period for this project will close at 5:00 p.m. on December 7, 2012.


Applicant: U.S. Department of Transportation

Location: The project site is located in the portion of the Neches River known as McFadden Bend, which is adjacent to the Sabine-Neches Waterway (SNWW), and is located along the border of Orange and Jefferson Counties, Texas. Portions of the shoreward part of this project would be located in wetlands adjacent to the Neches River. The project can be located on the U.S.G.S. quadrangle map titled: TX-TERRY, Texas. NAD 83, Latitude: 30.02756 North; Latitude: -94.00197 West.

Project Description: The applicant proposes to construct a layberth facility for eight vessels belonging to the U.S. Department of Transportation, Maritime Administration’s Ready Reserve Force. The proposed construction activities include dredging of berths and a basin, the construction of piers with associated mooring and breasting structures, the construction of two small craft docks, the installation of a fire protection system, the construction of a wastewater plant, the installation of a buried telecommunication cable (which would involve temporary impacts to 1 acre of wetlands), and the construction of an access road and approach roads (which would involve permanent impacts to 0.39 acre of emergent freshwater wetlands). The proposed basin and berths comprise a 56.8-acre area along the eastern shore of McFadden Bend, adjacent to the SNWW. The applicant is proposing to dredge the basin and berthing area utilizing both mechanical and hydraulic methods to achieve a depth of -36-foot Mean Low Tide. This would result in the displacement of approximately 800,000 cubic yards of dredge material. The applicant is requesting permission to place those dredge materials into the following Dredged Material Placement Areas (DMPAs): 21, 22, 23, and 24 (a map of the DMPAs is included as Page 15 of 26 in the project plans). The proposed wastewater plant would be constructed in uplands; however, the associated outfall structure would be located beneath the Mean High Water Mark of the Neches River, and the installation of the outfall structure would temporarily impact 0.09 acre of wetlands. The proposed telecommunications cable would run along the northern shore of McFadden Bend, and would be buried 4 feet deep using open trench excavation methods.

CMP Project No.: 12-0888

Type of Application: U.S.A.C.E. permit application #SWG-2012-00493 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and Section 404 of the Clean Water Act (CWA).

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 Comments should be sent to Ms. Zultner at the above address or by email.

Send a comment about this notice to the GLO

Links to Additional Resources


Kate Zultner
Consistency Review Specialist
Kate Zultner