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 April 28, 2025 to May 2, 2025. 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, May 9, 2025. The public comment period for this project will close at 5:00 p.m. on Sunday, June 8, 2025.
Federal License and Permit Activities:
Applicant: TNI Investments, LTD
Location: The project site is located in wetlands and open waters adjacent to Gangs Bayou, Sweetwater Lake, and West Bay, at 11314 Homrighaus Road, in Galveston, Galveston County, Texas.
Latitude and Longitude: 29.252473, -94.897818
Project Description: The applicant proposes to permanently discharge fill material into 3.81 acres of emergent and scrub shrub intertidal estuarine wetlands and into 0.16-acre of other surface waters for the purpose of constructing berms and berm pumpouts, to perform elevation improvements, and to install three culvert configurations. The applicant proposes to permanently excavate material from 1.34 acres of emergent and scrub shrub intertidal estuarine wetlands, 34.77 acres of existing ponds, and 0.10-acre of other surface waters for the purpose of constructing swales and deepening four existing ponds. Additionally, the applicant proposes to temporarily impact 18.83 acres of emergent and scrub shrub intertidal estuarine wetlands and 9.94 acres of other surface waters for the above referenced fill and excavation activities in addition to constructing temporary access paths and temporary placement of a pipeline for thin layer placement activities. The purpose of the project is to restore, enhance, create, and protect freshwater and estuarine wetland habitat, open waters, and uplands within a 327-acre property known as the Legacy Wetlands at Sullivan Ranch. The applicant’s proposed project consists of multiple components and are detailed below.
Excavation of Ponds and Swales
The applicant proposes to excavate a total of four existing Ponds. Ponds 1 and 2 are proposed to be excavated to a maximum depth of 20 feet, Pond 3 to a maximum depth of 10 feet deep, and Pond 4 to a maximum depth of 5 feet deep. The side slopes for all four ponds have been designed to allow for wetland plantings and Pond 4 will contain gently sloping for vegetative shelves to add habitat to the site and provide substrate for beneficial wetland functions.
The applicant proposes to permanently excavate 1.34 acres of emergent and scrub shrub intertidal estuarine wetlands and 0.10-acre open waters for the purpose of constructing two swales (eastern and western boundary) totaling 4,189 linear feet which are intended to avoid drainage impacts to adjoining properties due to the proposed berms.
Constructing Berms, Berm Pump-out, and Culvert Configurations
The applicant proposes to permanently discharge 13,752 cubic yards (CY) of excavated non-beach quality sand material into 3.8 acres of emergent and scrub shrub intertidal estuarine wetlands and 0.16-acre of open waters to construct 8,004 linear feet of berms and a berm bumpout for the purpose of preventing frequently reoccurring high tide flooding from intrusion to freshwater zones on the property and for retaining freshwater to allow management for both wetlands and wildlife. Additionally, the applicant proposes to temporarily impact 4 acres of wetlands and 0.18-acre of open waters.
The applicant proposes to permanently discharge 444 CY of fill material into 0.01-acre of the proposed new eastern and western boundary swales for the purpose of installing three culvert configurations. Culvert one consists of two 25-foot-long 12-inch-diameter HDPE pipes, Culvert 2 consists of three 22-foot-long 12-inch-diameter HDPE pipes, and Culvert 1 consists of one 30-foot-long 24-inch-diameter HDPE pipe. Additionally, a manual water level control structure is proposed to be installed on the berm outlet culvert and will avoid any impacts to waters of the US.
Temporary Access Paths
The applicant proposes to temporarily discharge fill material into 6.36 acres of emergent and scrub shrub intertidal estuarine wetlands and 0.04-acre of open waters for the purpose of installing temporary access paths for the overall project.
Thin Layer Placement
The applicant proposes to discharge 26,886 CY of non-beach quality sand material into 22 acres of tidal marsh for the purpose of thin layer placement for marsh restoration and resilience.
Wetland and Upland Planting Plans
The applicant proposes to plant a mixture of wetland planting groups totaling 14.74 acres consisting of 1.98 acres of floating and submerged, 4.86 acres of marsh margin, 2.44 acres of shallow emergent marsh, 2.35 acres of tall emergent marsh, 1.26 acres of vegetative edge fringe marsh and 1.85 acres of vegetative swales.
The applicant proposes to conduct upland planting in three zones totalling 22.24 acres consisting of 11.43 acre of coastal prairie, 1.52 acres of neotropical migrant bird habitat, and 9.29 acres of oak mottes.
Upland Enhancement
The applicant proposes to discharge 18,507 CY of non-beach quality sand material into 2.92 acres of upland prairie and 5.55 acres of oak mottes for the purpose of upland enhancement.
The applicant proposes to compensate for the unavoidable impacts of wetland functions and values through like and in-kind permittee responsible mitigation at one onsite location and two offsite locations at a 1:1 ratio, as detailed in the attached Permitte Responsible Mitigation Plan. In summary, the applicant proposes to mitigate for permanent impacts to 38.64 acres of emergent intertidal estuarine wetlands, 1.28 acres of scrub shrub intertidal estuarine wetlands, and 0.26-acre of other surface waters by improving, enhancing, restoring, and protecting estuarine wetlands and by creating 39.23 acres of other surface waters on Galveston Island. Additionally, the applicant proposes habitat improvements over 327 acres, planting herbaceous, native aquatic plant species over 14.74 acres along the ponds and swales and creating 11.43 acres of coastal prairie, 1.52 acres or neotropical migrant bird habitat, and 9.29 acres of oak mottes, as detailed in the attached Habitat Creation Plan.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2023-00293. 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: 25-1197-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.