Filed Date: November 15, 2024
Event Date: November 15, 2024 17:00PM
Board: Federal Consistancy
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, October 21, 2024 to November 6, 2024. 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, November 15, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday, December 15, 2024.
Federal License and Permit Activities:
Applicant: Iron Horse Terminals, LLC
Location: The project site is located in Taylor Bayou and adjacent wetlands, approximately 0.85 miles south of 1998 TX-73, in Port Arthur, Jefferson County, Texas. The mitigation site is located north and adjacent to the Willow Slough Marsh, approximately 9 miles southwest from the proposed impact site, approximately 5 miles southeast of the intersection of LaBelle Road and State Highway (SH) 73 west of Port Arthur, in Jefferson County, Texas.
Latitude and Longitude:
Project site: 29.872372, -93.999299
PRM site: 29.87175, -94.1345
Project Description: The applicant proposes to permanently discharge a total of 1,200,000 cubic yards (CY) of fill material into 128.1 acres of Palustrine Emergent Wetland (PEM), 26.29 acres of Palustrine Scrub Shrub Wetland (PSS), 37.1 acres of Palustrine Forested Wetland (PFO), and 13.92 acres of other waters in association with the construction of the Iron Horse Terminals rail facility, access road, utility lines, and associated pipelines. Additionally, the applicant proposes to temporarily impact 4.06 acres of PEM, 0.34 acre of PSS, 1.13 acres of PFO, and 0.21 acre of other waters. Additionally, the applicant proposes to dredge approximately 21,000 CY of sediment from a 1-acre area of PEM and Taylor Bayou in association with the construction of a barge dock area. The dredged material will be placed in adjacent uplands to the northwest of the dredge site. This proposed project is in relation to the previously issued Standard Permit SWG-2021-00152 which authorized the construction of a rail facility, access road, utility lines, and barge dock. The proposed project has a net decrease in the overall impacts compared to the previously issued Standard Permit SWG-2021-00152. The applicant proposes to utilize the previously authorized permittee responsible mitigation plan which mitigates for 215.6 total acres of PEM, PSS, and PFO. The applicant proposed to mitigate for the proposed impacts by utilizing a previously authorized permittee responsible mitigation (PRM) plan which mitigates for 215.6 total acres of PEM, PSS, and PFO.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2021-00152. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. 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: 25-1055-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.