Primary Department: Flood Control District
Primary Department Head/Elected Official: Marcus Y. Stuckett, P.E., CFM
Secondary Department: N/A
Secondary Department Head/Elected Official: N/A
Regular or Supplemental RCA: Regular RCA
Type of Request: Asset Management
Project ID (if applicable): Q700-01-00-Y001
Vendor/Entity Legal Name (if applicable): N/A
MWBE Contracted Goal (if applicable): N/A
MWBE Current Participation (if applicable): N/A
Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request
Grant Indirect Costs Rate (if applicable): N/A
Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
title
Request for approval to execute a mitigation banking instrument with the U.S. Army Corps of Engineers, set a credit sales price and execute a conservation easement with Bayou Land Conservancy for legal defense, stewardship, and administration fees related to the perpetual protection of the Crosby Eastgate Mitigation Bank per §230.97 of the 2008 Mitigation Rule (33 CFR Part 332) (Cedar Bayou Watershed, Project ID Q700-01-00-Y001, Precinct 3).
end
Background and Discussion:
The site of the proposed Crosby Eastgate Mitigation Bank (CEMB) is in eastern Harris County, Texas approximately 4.5 miles southwest of Huffman, Texas and 6.1 miles northeast of Crosby, Texas. The goal of the roughly 226-acre proposed mitigation bank is to enhance approximately 70 acres of established wetlands, re-establish approximately 85 acres of wetlands and preserve the remaining acreage as natural forested upland buffer. The wetlands are intended to replace the function and values lost to other Palustrine Forested Wetlands (PFO) from unavoidable adverse impacts caused by Harris County infrastructure projects within the service area through the generation of mitigation credits that can be debited against those losses.
The execution of a Mitigation Bank Instrument (MBI) is a requirement of all mitigation banks and is the legally binding document that governs the establishment, use, operation and maintenance of a mitigation bank. To develop the CEMB, a draft MBI was submitted to U.S. Army Corps of Engineers (USACE) in 2023 to outline the mitigation bank site creation, operations, and maintenance. The MBI has been reviewed by USACE and is ready for signature. It is being requested that the Flood Control District Executive Director be authorized to sign the MBI and execute the CE for the CEMB. Other Signatories to the MBI are federal agency members of the Interagency Review Team (IRT) consisting of the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and National Marine Fisheries Service.
A conservation easement with a third-party conservation easement holder is also required to protect the bank’s ecological function in perpetuity per §230.97 of the 2008 Mitigation Rule (33 CFR Part 332). The Flood Control District issued a letter of intent to BLC on May 11, 2021, to be the 3rd-party conservation easement holder for the CEMB. A legal defense, stewardship, and administrative fee of $74,000 is required by BLC to execute the conservation easement. This serves to protect the natural values of the mitigation bank in perpetuity. It is a requirement that the conservation easement be filed within 90 days of executing the MBI.
The CEMB is intended to be a single client mitigation bank to only serve the Flood Control District and other Harris County government entities (i.e., Toll Road Authority, Harris County Engineering, Port of Houston Authority). As a single client, government sponsored mitigation bank, it is the intent of the CEMB to set credit prices at a cost that results in CEMB operations breaking even rather than generating revenue (i.e., making a profit). Based on a detailed analysis of past and projected expenses, it is also recommended that the price for credit sales at CEMB be set at $69,000 per credit suite for county projects. These prices are consistent with HCFCD’s other two operating wetland mitigation banks and will provide the revenue needed to operate and maintain the CEMB. The Flood Control District will continue to evaluate costs and revenue biannually and will recommend credit price adjustments for Commissioners Court consideration when necessary.
Once the MBI and CE are executed (along with issuance of a Nationwide Permit 27), the mitigation bank will be fully authorized by USACE to begin construction. Construction of the mitigation bank will be funded through a partnership CDBG-MIT grant with Houston-Galveston Area Council (H-GAC) through the U.S. Department of Housing and Urban Development (HUD) and the Texas General Land Office (GLO). An Interlocal Agreement between H-GAC and HCFCD is being prepared for court approval on June 25, 2026, and environmental clearance was received in June of 2026. Construction is estimated to be completed in winter of 2027.
Expected Impact:
The proposed Crosby Eastgate Mitigation Bank will provide Harris County and the Harris County Flood Control District with credits to promote compliance with the Federal Clean Water Act and to obtain project permits from the U.S. Army Corps of Engineers. This agreement impacts the interlocal agreement with H-GAC for acceptance of the $5.5 million CDBG-MIT partnership grant from GLO and HUD since not being able to execute a mitigation banking instrument and conservation easement will result in not being able to construct the project.
Alternative Options:
Do not authorize the execution of the MBI and CE for the CEMB and decline the $5.5 million CDBG-MIT partnership grant with H-GAC to fund construction of the CEMB resulting in a lost opportunity to develop banking credits to use on Harris County infrastructure projects within the service area.
County Strategic Plan Goal: 2. Connect our community with safe, reliable, equitably distributed, and well-maintained infrastructure.
County Strategic Plan Objective: H: Improve the condition and resilience of County transportation, flood control, and other infrastructure.
Justice/Safety Initiative (Goal 1): N/A
Infrastructure Initiative (Goal 2): N/A
Economy Initiative (Goal 3): N/A
Health Initiative (Goal 4): N/A
Climate/Resilience Initiative (Goal 5): N/A
Housing Initiative (Goal 6): N/A
Additional notes related to the Strategic Plan: N/A
Prior Court Action (if any):
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Date |
Agenda Item # |
Action Taken |
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06/25/2026 |
34. |
ILA H-GAC |
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03/14/2023 |
126. |
MOU |
Location: North of the intersection of Crosby Eastgate Road and Louis Road.
Address (if applicable): 0 Crosby Eastgate Road., Crosby, TX 77532
Precinct(s): Precinct 3
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Anticipated Court Date: 9/22/2026
Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Contact(s) name, title, department: Yesenia Martinez, Commissioners Court Coordinator, Flood Control District
Attachments (if applicable): Mitigation Banking Instrument