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 April 20, 2026 to May 1, 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, May 8, 2026. The public comment period for this project will close at 5:00 p.m. on Sunday, June 7, 2026.
Federal License and Permit Activities:
Applicant: Kenneth Berry
Location: The project site is located in waters adjacent to the La Quinta Channel, at Berry Island, in Nueces County, Texas. Dredged material would be placed in the Berry Island Dredged Material Placement Area (DMPA), DMPA 10 or DMPA 13. All proposed DMPAs are located within Nueces County, Texas.
Latitude and Longitude:
Berry Island DMPA: 27.832783, -97.236538
DMPA 10: 27.808701, -97.211318
DMPA 13: 27.854884, -97.249332
Project Description: The applicant proposes to construct two 1200 linear-foot docks to provide docking for very large crude oil carriers (VLCCs), handymax vessels, and other similar vessels used for the transportation of energy resources. The docks would each consist of a steel sheet pile bulkhead and breasting structure, which would include dead man/bulkhead tiebacks, walers, fenders, and pile caps. Each dock would have 10 mooring structures made of 8-foot-wide monopiles with 10-foot-wide bollards, and a loading arm at the center of each dock. Walkways would be constructed to access each dock. Project activities would result in the discharge of material into approximately 0.589 acres of open water, 0.546 acres of intertidal mud flats, and 0.095 acres of seagrass. Project activities would result in temporary impacts to 1.281 acres of open water and 1.236 acres of intertidal mud flats.
An approximately 48-acre area adjacent to the La Quinta Channel would be mechanically or hydraulically dredged to a depth of -50 feet MLLW, resulting in the removal of approximately 3,508,000 cubic yards of material. Dredging would impact 0.078 acres of intertidal mud flats and 0.174 acres of seagrass.
The applicant has stated that they have avoided and minimized environmental impacts to waters of the United States associated with the proposed activity by minimizing the amount of fill the to the greatest extent practicable and designing the project layout in a manner to minimize impacts to delineated resources. Temporarily impacted areas would be restored as near as possible to pre-emergency conditions. The applicant has not proposed compensatory mitigation at this time but has stated that they will perform all mitigation required by USACE. 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-2025-00662. This application will be reviewed pursuant Section 404 of the Clean Water Act, and Sections 10 and 14 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. The U.S. Army Corps of Engineers Galveston District has found that this permit request meets the terms of Executive Order 14156 and is therefore subject to special emergency permitting procedures and an expedited review process.
CMP Project No: 26-1126-F1e
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