Notice and Opportunity to Comment on Requests for Consistency - Port of Bay City Authority

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 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of June 15, 2026 to June 26, 2026.  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 §§30.20(f), 30.30(h), and 30.40(e), 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, July 3, 2026. The public comment period for this project will close at 5:00 p.m. on Sunday, August 2, 2026.

Federal License and Permit Activities:

Applicant: Port of Bay City Authority

Location: The project site is located within Matagorda Harbor, at 189 County Road 213, in Matagorda, Matagorda County, Texas.

Latitude and Longitude: 28.69568, -95.95482

Project Description: The applicant proposes to discharge approximately 905 cubic yards (CY) of fill material into 0.69-acre of Matagorda Harbor for the Matagorda Harbor Improvement Project. The project will include excavation and construction of a four-lane public boat launch facility with related appurtenances, including a parking lot and access road, floating docks, shoreline protection, lighting, public restroom, a fish cleaning station, fencing, educational signage, and replacing the existing concrete bag revetement. Specifically, the project consists of the following components: 

Bank Stabilization and Boat Ramp: The applicant proposes to discharge 905 CY of fill material into 0.41-acre below the mean high water line, including 349 CY of rock and concrete within 0.17-acre for construction of a boat ramp, and 556 CY of rock and concrete in 0.24-acre to install approximately 50 linear feet of shoreline protection adjacent to the boat ramp. The project also includes excavation of 860 CY of fill material from 0.20-acre to a maximum depth of -10 feet below mean high tide, including 657.6 CY of material within 0.13-acre for the boat ramp and 202.8 CY of material within 0.08-acre for shoreline stabilization. The dredged material will be placed in a designated upland placement area on the applicant’s property. 

Pier and Dock: The applicant proposes work associated with the construction of a 280-square-foot boarding pier and 420-square-foot floating dock structure supported by 57 pilings. The piers will extend 102 feet into Matagorda Harbor.

The applicant has stated that they have avoided and minimized environmental impacts to waters of the United States associated with the proposed activity by utilizing operational controls to minimize suspended sediments during construction and dewatering, avoiding special aquatic sites, and restricting equipment access to designated work areas. The project will also implement best management practices (BMPs) for construction activities and limit pile driving to the minimum duration necessary. The applicant has not proposed any compensatory mitigation because the project does not impact special aquatic sites, and the project footprint is the minimum size to achieve the project purpose. The USACE will determine the type and amount of compensatory mitigation necessary to offset losses of waters of the United States which may result from the proposed activity in accordance with 33 CFR § 332.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2026-00259. This application will be reviewed pursuant Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. Note: The consistency review for this project may be conducted by The Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act. 

CMP Project No: 26-1167-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov 

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