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 February 13, 2023 to February 17, 2023. 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 §§30.25, 30.32, and 30.41, the public comment period extends 30 days from the date published on the Texas General Land Office website. The notice was published on the website on Friday, February 24, 2023. The public comment period for this project will close at 5:00 p.m. on Sunday, March 26, 2023.

FEDERAL AGENCY ACTIONS:

Applicant: Caracol Investors, LP

Location: The project site is located in estuarine wetlands immediately abutting the Gulf Intracoastal Waterway (GIWW), south of Caracol Drive, in Port O'Connor, Calhoun County, Texas.

Latitude & Longitude (NAD 83): 28.442259, -96.405445

Project Description: The applicant proposes to permanently fill approximately 4.67 acres of estuarine wetlands, and excavate and permanently inundate an additional 1.36 acres of estuarine wetlands, during the construction of a residential subdivision consisting of five lots, two piers with T-Heads measuring 15-foot by 30-foot attached to 5-foot by 110- to 130-foot walkways, and a marina that will border an outfall into the GIWW.

For unavoidable impacts to sensitive resources, the applicant is in the process of developing a permittee responsible mitigation plan and will submit it to the U.S. Army Corps of Engineers as soon as additional details are available for consideration. The Corps will assess the proposed mitigation plan to determine its compliance with the established National Mitigation Hierarchy prior to permit issuance.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2022-00527. 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: 23-1155-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.

TRD-202300857

Mark Havens

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: February 23, 2023