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 May 11, 2026 to May 29, 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, June 5, 2026. The public comment period for this project will close at 5:00 p.m. on Sunday, July 5, 2026.
Federal License and Permit Activities:
Applicant: Jefferson County
Location: The project site is located in Keith Lake Fish Pass at an area along Dowling Road, approximately 9 miles south of Port Arthur, in Jefferson County, Texas.
Latitude and Longitude: 29.7726663, -93.9442544
Project Description: The applicant requests to modify Department of the Army Permit SWG-2013-00841 to permanently discharge approximately 10,708.33 cubic yards (CY) of fill into 4.81 acres of tidal wetlands and 1.46 acres of open waters to improve the design of the existing Keith Lake Fish Pass Baffle and restore optimal functionality to the structure. The proposed work also involves dredging of approximately 27,056 CY of material from tidal wetlands and open waters to facilitate placement of the bedding stone and rock rip rap on either side of the baffle and along approximately 750 linear feet of the southern shore of the channel. A total of 947.41 CY of the excavated native material would be placed in open water areas as fill to create an embankment with an elevation of -2.5 and a 4:1 slope along the southern shore of the channel. The remainder of the excavated material would be hauled off-site for disposal. Temporary staging and/or access could occur within 50 feet of the proposed rock apron footprints, as well as in the upland area between the beach and the project footprint, and the temporary access route from the upland staging area to the west of the structure. Board matting will be temporarily placed into 2.18 acres of tidal wetlands, as necessary, to minimize impacts. Temporary work areas in wetlands would be restored to existing grade and sprigged with smooth cordgrass plugs on a 1.5- by 1.5-foot grid spacing once construction is completed.
The purpose of the project is to restore optimal functionality of the baffle structure to help reduce the volume of saltwater coming through the fish pass, with a goal of salinity levels not exceeding 10 parts per thousand more than 20% of the time at connection between Keith and Johnson Lakes.
The applicant has stated that they have avoided and minimized environmental impacts to waters of the United States associated with the proposed activity by designing the project footprint to be the minimum necessary to meet the purpose of reducing saltwater entering Keith Lake through the fish pass. No wetland mitigation is proposed for this project, as both permanent and temporary wetland impacts would be offset by preservation and/or enhancement of hundreds of acres of wetlands within the Keith Lake System over time post-construction. The applicant analyzed available land loss models and data specific to the Keith Lake system (pre- and post-baffle construction) and estimated that approximately 80 acres of wetlands would be preserved per year within the Keith Lake System once the baffle is repaired/improved and functioning properly. The U.S. Army Corps of Engineers 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-2013-00841. 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: 26-1142-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