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Notice: Notice and Opportunity to Comment - USACE-Galveston District (Stream Condition)

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June 05, 2013

July 05, 2013 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 May 14, through May 17, 2013. 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 June 5, 2013. The public comment period for this project will close at 5:00 p.m. on July 5, 2013.

Federal Agency: USACE-Galveston District

Galveston District Stream Condition Assessment:  The purpose of this notice is to provide a set of Standard Operation Procedures (SOP) and requirements for addressing stream restoration and mitigation in the Galveston District.  This SOP will only be applicable when direct impacts occur within the stream bed of a water of the United States.  While the intent of the SOP is to assess the current functional condition of a stream and determine the appropriate functional credits to offset for any unavoidable loss, the SOP is not intended to take the place of project specific review which may result in adjustments to compensation requirements.  Aquatic resources evaluated under this SOP shall be delineated in accordance with Regulatory Guidance Letter 05-05 - Ordinary High Water Mark Identification and wetlands present in the stream and/or riparian buffer shall be delineated in accordance with 1987 Corps of Engineers Wetland Delineation Manual and any appropriate Regional supplement.  Applicants should defer to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources, for guidance on mitigation requirements not specifically addressed in this SOP.   This SOP should only be used after a permit applicant has first avoided and minimized project impacts and the district engineer determines compensatory mitigation is necessary to offset unavoidable impacts to aquatic resources. The amount of required compensatory mitigation must be, to the extent practicable, sufficient to replace lost aquatic resource functions associated with the stream bed. Additional information can be found at

CMP Project No.: 13-1163-F2

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. Sheri Land, Director, P.O. Box 12873, Austin, Texas 78711-2873, or via email at Comments should be sent to Ms. Land at the above address or by email.

Send a comment about this notice to the GLO

Links to Additional Resources


Sheri Land
P.O. Box 12873, Austin, Texas 78711-2873
Sheri Land