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Beachfront Construction Permit - 12871 Jolly Roger Dr, Freeport, Abstract 29 S.F. Austin, Section 3, Block 3, Lot 10, Treasure Island (Precinct 1)
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The General Land Office (GLO) has reviewed the application materials for a beachfront construction certificate and dune protection permit for the above-referenced location. The applicant constructed an erosion response structure/structural shore protection project (Structure) without authorization from Brazoria County, for which GLO issued a Notice of Noncompliance and Notice of Violation, and Brazoria County (County) pursued enforcement action. The applicant is requesting retroactive authorization for the unauthorized Structure, which is approximately 200 feet in length and constructed of large rocks along the Jolly Roger right-of-way and on or adjacent to the public beach. According to the Bureau of Economic Geology, the area is stable.
Based on the information provided the following recommendations are made:
• The sponsor of the shore protection project must be responsible for the ongoing maintenance of the project and, if necessary, beach nourishment and/or the removal of the project.1 The applicant is required to nourish the beach in front of the Structure to maintain the pre-project beach width, per the Agreed Order with the GLO signed by the applicant on May 29, 2024.
o The applicant has signed an Interlocal Agreement with the County allowing the applicant to use dredged material from the San Luis Pass County Park access channel for beach nourishment in front of the Structure pursuant to the Corps of Engineer Permit held by the County. The Interlocal Agreement must be signed by the County to be effective.
o Per the applicant’s Monitoring Plan, subsequent renourishment events are required once the surveyed beach width is 50% of the constructed beach nourishment template or less.
The applicant is required to obtain a separate beachfront construction certificate and dune protection permit for all required beach nourishment activities.
• The applicant has submitted a long-term Monitoring Plan to assess the project's effect on the beach/dune system and the project's effectiveness and to determine when renourishment events are required to maintain the beach width in front of the rock revetment, as required under 31 Tex. Admin. Code § 26.26(b)(14).2 The applicant proposes to conduct monitoring surveys annually for 5 years after the initial beach nourishment, at the 7-year and 10-year mark, and subsequently every 5 years, as well as after storm events that result in a presidential declared disaster and impacts to the local beach dune system.
• Existing public access in the area of a shore protection project must be replicated if not enhanced.3 The applicant has provided 16 public off-beach parking spaces on Jolly Roger and is required to maintain and preserve these parking spaces.
• Conspicuous signage explaining the nature and extent of the parking areas and access points must be erected outside the subdivision and adjacent to all public beach parking areas.4 The applicant has provided information demonstrating that signage has been posted inside the subdivision and adjacent to the public off-beach parking spaces and is required to maintain this signage. The applicant is also required to install and maintain public beach access signage on County Road 257, and must provide the GLO and County with photographs of the signage once installed.
• The applicant is required to obtain a Coastal Boundary Survey in accordance with Texas Natural Resource Code Section 33.136 prior to the commencement of the proposed renourishment activities. The applicant is also required to obtain a permit from the U.S. Army Corps of Engineers for any activities proposed within USACE jurisdiction.
• The applicant is prohibited from modifying or placing any additional rocks or materials on the Structure without specific authorization to do so under a new beachfront construction certificate and dune protection permit from the County.
The applicant is prohibited from engaging in any acts for which the Open Beaches Act and Dune Protection Act require a dune protection permit or beachfront construction certificate without the appropriate written agreement and authorization. Any person who violates the Dune Protection Act or the Open Beaches Act is liable for a penalty of not less than $50 nor more than $2000 per violation per day.
Any deviations from what is proposed in this permit application requires a new or amended beachfront construction certificate and dune protection permit and further GLO review.
Please be advised that structures may not encroach on the public beach. If the structure becomes located seaward of the line of vegetation because of loss of elevation, the structure may be allowed to remain in place if it does not significantly interfere with public access to the beach or present a public health and safety risk. Structures located seaward of the line of vegetation and landward of the line of mean high tide will periodically be reassessed on a case-by-case basis, and owners may be allowed to make certain repairs under the Beach/Dune Rules and local government plans.
Further, that a certified copy of this order be returned to the Flood Plain Administrator.