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Beachfront Construction Permit - 8004 Bluewater Hwy (CR 257), Freeport, Abstract 29 S.F. Austin Blk 4 Lt 211, (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 proposes to construct a single-family residence with fibercrete paving beneath the habitable structure, a crushed concrete driveway, and a septic system. The applicant also proposes to construct a shared crushed concrete driveway and to restore dunes using beach-quality sand from off-site and dune vegetation. The proposed single-family residence and shared driveway is located within 200 feet landward of the line of vegetation and the proposed dune restoration is located landward of the line of vegetation. According to the Bureau of Economic Geology, the area is eroding at a rate of three to four feet per year.
Based on the materials forwarded to our office for review, we have the following comments:
Construction Requirements
• Fibercrete as proposed is prohibited based on current site conditions. Based on the photographs included in the application materials, there are currently no dunes on site and the applicant proposes to use unreinforced fibercrete within 100 feet of the line of vegetation, which does not comply with Brazoria County’s Dune Protection and Beach Access Plan and 31 Tex. Admin. Code § 15.6(f)(5). Where no dunes exist, the placement of unreinforced fibercrete may only be located at least 100 feet landward of the line of vegetation.
• After dunes are effectively restored on site, unreinforced fibercrete in 4-foot by 4-foot sections, 4-inches thick, separated by expansion joints may be used beneath the footprint of the habitable structure in the area at least 25 feet from the landward toe of the dunes. Paving or altering the ground between the line of vegetation and 25 feet landward toe of the restored dune is prohibited. The applicant must provide photographs to the County and the GLO demonstrating the dunes have been effectively restored on site prior to placing unreinforced fibercrete in the area within 100 feet landward of the line of vegetation.
Dune Restoration
• If the applicant is harvesting dune vegetation from dunes seaward of the dune protection line off-site, the vegetation must be harvested in a manner that will not damage the existing dunes. Plants may only be taken from dense stands in areas that are not subject to erosion and should not be taken from coppice mounds or foredunes that are sparsely vegetated. Individual plants should be removed in a scattered pattern at intervals of no less than two feet, and the root structure should remain intact.
• Only indigenous vegetation that will achieve the same protective capability or greater capability as the vegetation on surrounding natural dunes may be used to restore dunes. Indigenous dune vegetation species such as bitter panicum, sea oats, and salt meadow cordgrass would be permissible. Coastal bermudagrass is not an indigenous dune vegetation species and should not be planted on the restored dunes.
Erosion Response Plan
• The applicant proposes to construct a habitable structure seaward of the Building
Setback Line, which is prohibited without an exemption from Brazoria County. To qualify for an exemption, the applicant must demonstrate to the satisfaction of the County that no practicable alternatives to construction seaward of the Building Setback Line exist.
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 mean high tide may be allowed to make certain repairs under the Beach/Dune rules and local government plans.
If any part of a structure comes to be located seaward of the line of mean high tide, it becomes an unauthorized structure on state-owned land. Repairs are prohibited and the state may take action to remove the structure.
In the event of a material change to the site conditions or the proposed construction, a new or amended beachfront construction certificate and dune protection permit is required.
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.
Further, that a certified copy of this order be returned to the Flood Plain Administrator.