Letter from private land owner

May 2012

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fishing bait time fish good thanks kayak around line back boat advice gonna work still water them braid dargel over mansfield know give thing sure soaking anyone appreciated style thank trying tide hhernandez made scooter through though past yamaha knots place fins years remember start lake middle help green first

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[J.Dean]

The following letter is from the private land owner on San Jose Island. Although the public comment period for the permit closed in mid March, the CORPS not only accepted this letter in mid August, they are REQUIRING us to respond to a private citizen that missed a deadline by months.

First, a quote from the CORPS requiring us to respond:

The concerns raised in the letter must be given full consideration before we can make a final decision on your application. We need your information to address each of the concerns/issues raised over the proposed project. For your information, in my phone conversation today with Ms. Patricia Meadows of Kelly Hart and Hallman LLP, she explained that the owners of San Jose Island strongly recommend the prohibition of boat passage to the Gulf of Mexico to prevent disturbance of sensitive areas with faster and louder boats. You may submit additional information or revise your plans to help resolve the issues. You may also rebut the issues made or request a decision based on the existing record. We must hear from you within 30 days from the date of this letter, otherwise your application will be withdrawn.

The letter from the private land owner.

KELLY HART & MAILMAN LIP   
PATRICIA F. MEADOWS

Mr. Casey Cutler
Chief, Policy Analysis Section
Ms. Denise Sloan
Regulatory Project Manager
U. S. Army Corps of Engineers, Galveston District
P. 0. Box 1229
Galveston, TX 77553-1229

Re: Permit Application No. SWG-2008-00813 submitted by Save Cedar Bayou, Inc.

Dear Mr. Cutler and Ms. Sloan:
This letter is submitted on behalf of our clients, the owners of San Jose Island, regarding the revised project plans submitted by Save Cedar Bayou, Inc. for the restoration of the hydraulic connection between Cedar Bayou and the Gulf of Mexico.

As we have stated in a previous submission to the Corps, the owners of San Jose Island support the goal of enhancing fish and fish larvae migration by establishing a strong and long lived hydrological connection between the Gulf of Mexico and Mesquite Bay. The revised project plan removes the ebb shoals component of the project and replaces it with disposal of a large volume of relocated and dredged sand in two placement areas on San Jose Island, with a significant portion on private land above the mean high-high tide line. This appears to be a better plan than the previously proposed offshore disposal delta because the beach placement areas may diminish the possibility of re-closure of the dredged channels. However, the owners are concerned that the locations of the placement areas and the construction staging area and truck haul route encroach significantly onto privately owned land The owners are prepared to negotiate in good faith for a temporary construction easement and for a permanent easement for the placement of this relocated and dredged material on their fee land.

The owners of San Jose Island recognize that the proposed project will result in adverse impacts on their ranching operations. These include inhibiting vehicular access along the beach to the northern-most portions of San Jose Island due to the placement of the spoil banks, particularly during and for some period following construction, and permanent severing of vehicular access to their upland ranch land between Cedar Bayou and Vinson Slough due to the dredging of Vinson Slough. While the owners support the stated goals of the project, they wish to seek a mutually agreeable means of mitigating these impacts.

We would also like to reiterate a point made to the Corps in 2006: Following previous dredging projects, boats accessing Cedar Bayou from Mesquite Bay have been prohibited from passing beyond a posted point approaching the mouth of Cedar Bayou, and through passage to and from the Gulf of Mexico has been prohibited. The owners of San Jose Island strongly recommend that these same prohibitions be incorporated into the planning of the present project with respect to both Cedar Bayou and Vinson Slough, and that these rules be explicitly incorporated into the approvals from the Corps of Engineers and TCEQ.

Thank you for your work on this important project.

[bigrggiii]

the owners of San Jose Island strongly recommend the prohibition of boat passage to the Gulf of Mexico to prevent disturbance of sensitive areas with faster and louder boats


Sounds like they want their own private fishing hole at taxpayer expense.  I am so ashamed that members of my family call some of the family that owns that land friends.

[J.Dean]

TPWD also built them a bridge to that "upper ranch land" in the past that insured Vincent Slough would never flow again, it literally dried up thousands of acres of wetlands, and there are salt pans forming there as I type this. That bridge has to go for all this to work!

This IS an Environmental Disaster.

[CJ PORTER]

How does the Bass family make their money. We need to boycott their businesses if possible. Best way to get their attention is to hit them in the pocket book.

[rwl1948]

Wonder if any kin to the Bass on the TPWD commission

[Brickman]

Jeff,
As I understand it, this pass was closed due to oil spills in Mexico years ago. So before that time when it was open and water flowed freely... how did the ranch manage it's vehicular access? It seems to me that opening the pass back up, returns the ranch to business as the way it was. Meaning- they managed and ran their ranch sucessfully for years (decades ?) before the pass was filled in. They should learn to adapt their business practices rather than strangle the entire bay system.
I also would be interested to know what policy the CORPS has in place that allows them to deviate from deadlines. Otherwise, what's the point of a deadline in the first place.
Wish I had a team of environmental lawyers in my pocket, but alas I only know of one.
,Brickman

[J.Dean]

If I were going to lose access to my land I probably wouldn't want it opened either, but knowing the damage being done by leaving it closed should convince even the most selfish person to support opening it up..

The CORPS says since there is new information in this letter we HAVE to address it, but there is nothing new in this letter it's business as usual, keep stalling until we give up. But rest assured that WE WILL NEVER GIVE UP.

The land owner has a right to make a comment as much as we do, but they should be expected to follow the same guidelines that we have to follow.

The letter is dated August 13th, comment period was closed on March 26th. Why the CORPS permitted this needs to be investigated, but that's just my opinion.

And yes, it is the same family..

I'll post another later today so stay tuned.

[Get wet]

So does that mean the comment period is still open, cause we might have something new to say as well. And we might not be as nice this time around.

[J.Dean]

So does that mean the comment period is still open, cause we might have something new to say as well. And we might not be as nice this time around.

Get Wet, precisely!

[Brickman]

"The land owner has a right to make a comment as much as we do, but they should be expected to follow the same guidelines that we have to follow.

The letter is dated August 13th, comment period was closed on March 26th. Why the CORPS permitted this needs to be investigated, but that's just my opinion."
                                                                                          -J. Dean

Jeff-
You're exactly right about them having to follow the same procedures. It seems like they have picked something fairly obvious- "Oh, if we open both areas you mean there won't be one continuos island anymore?" - and calling it new information allows them more time to stall and drag it out. It'd be nice to have them produce a 'final' list of everything else they might need rather than have them change the rules over and over.
What lawyer represents the cause?
Will it do any good to write congressmen outside of the coastal areas and appraise them of the situation? So far I think I've only written the Governor.
,Brickman 

[bigrggiii]

Wonder if any kin to the Bass on the TPWD commission

Yes there is a Bass on the Parks and Wildlife Board and there has been one for a long time.

What about pressuring the governor, who is after all the person who appoints the Parks and wildlife board.  I doubt that the Gov. would listen to a liberal, mexican lawyer like myself but some of you guys should have some pull somewhere in Austin.  What about Rooster and Hillbilly.

[J.Dean]

We've met with the Governors adviser who is working with us, I'll let you know how that works out between now and election day

[bigrggiii]

There is a public hearing on Wednesday in Dallas about any issue relating to parks and wildlife.  It will be held in front of the entire board.  Can we get anybody up there in time?

http://www.tpwd.state.tx.us/business/feedback/meetings/2009/0827/agenda/public_hearing/

[rockport]

Guess What  The Bass Family does not own the Land between Cedar Bayou and Vinson's Slough and they never have. They will beneeding some serious reconstructive surgery to their posterior section soon if they keep up with this nonsense. I believe a Federal Judge and the Texas State Attorney General will be taking large chunks out of them soon.

This has been the best kept secret or the biggest lie whichever way you decide to look at it. The land between the two passes belongs to the people of the State of Texas as I have been told by the man in charge of public lands in Texas. There is a map that can be bought from the Texas General Land Office that will back up my statement.

The Recreational Fishing Alliance- Texas Chapter will be giving Save Cedar Bayou, inc. some much needed help very soon to acquire the permit according to the preferred alternative permit request. Enough is enough.

[bigrggiii]

Aparrently this is the only public hearing that TP&W has all year.

http://www.tpwd.state.tx.us/business/feedback/meetings/2009/0827/agenda/public_hearing/