HFLP-SY090724 NATURAL E ASSESSMENT
FOR
PRELIMINARY 404 JURISDICTIONAL
DETERMINATIONS
AT
COMMERCIAL SITE
I
THE CITY F COPPELL, TEXAS
PREPARED BY:
COTTER ASSOCIATES, LLC
1805 C. WEST PARK ROW DRIVE
ARLINGTON TEXAS, 76013
Tel.: (817) 274 -3955 • Fax: (817) 483 6739
E -mail: callcotter(a
JULY 24, 2009
Job No 643
TABLE OF CONTENTS
1. INTRODUCTION
11. GENERAL SITE DESCRIPTION
A. Land use and Description
B. Vegetative Communities
C. Soils Description
III. PROJECT DISCUSSION
A. Methodology
B. Description of Jurisdictional Waters
IV ALTERNATIVE ANALYSIS
V. THREATENED AND ENDANGERED SPECIES
VI. COMPENSATORY MITIGATION PLAN
VII NATIONAL REGISTRY OF HISTORICAL PLACES
VIII. FEMA FLOODPLAIN ANALYSIS
IX. CERTIFICATION
X. SUMMARY
APPENDICES
Appendix A - SITE MAP/ AERIAL PHOTOS
Appendix B - PROPOSED GRADING PLAN
Appendix C - NRCS DALLAS COUNTY SOILS MAP
Appendix D - SITE PHOTOGRAPHS
Appendix E - ENGINEERING FORM 4345
Appendix F- ENDANGERED SPECIES LIST FOR DALLAS COUNTY
Appendix G - FEMA FIRM PANELS 48113C0155J, 48113C0160J
L INTRODUCTION
The subject property is a proposed commercial development site that consists of
approximately 13.15 acres located south of Belt line Rd, west of Ledbetter in the City of
Coppell, Dallas County, Texas.
Immediately south of the project is a depressed area that was created between 1983
and 1985 as a borrow site for fill dirt for the adjacent equipment yard. The borrow site is
approximately 5.69 acres in area and ponds water approximately 3 to 5 ft deep per
NTCOG Lidar. The original overflow from the borrow site has become blocked and thus
the site frequently holds water. The commercial development will require no fill to be
placed in the borrow site area.
At the request of the City Engineer from the City of Coppell we are submitting this report
in order to obtain a decision from the U.S. Army Corps of Engineers (USACE) as to
jurisdictional status of the 5.69 acre borrow area. An environmental scientist from Cotter
Associates, LLC, has analyzed the borrow site and rendered an opinion as to the extent
of jurisdictional waters present. Upland habitat within the project area was also
evaluated and will be described in this report to provide an overall view of the landscape.
The site was also evaluated for suitable habitat for state and federally listed threatened
and endangered species. FEMA flood maps were also investigated.
Ii. GENERAL SITE DESCRIPTION
The project site is located adjacent to The Elm Fork of the Trinity River. The project site
is bordered on the south by floodplain, to the east and west by commercial development.
Jurisdictional waters adjacent to the project include The Elm Fork of the Trinity River.
The project site is located at approximate Latitude 32.9509193 and Longitude -
96.942320
A. Land Use and Description
The commercial project site is comprised of undeveloped agriculture /rangeland. Single -
family residences present to the south and west, and commercial /industrial development
along Beltline Rd are typical of land development in the general area. Topography
onsite is gently sloping to sloping at an average elevation of 614 ft above MSL. FEMA
flood panels indicate that the fill area proposed by the project is in Zone A, and the
borrow site is in Zone AE.
B. Vegetative Communities
Upland vegetation such as improved Bermuda grass, weeping love grass, Kliengrass,
vetch and singular peas are suitable. The Dallas County NRCS Soil Survey rates the
soils potential for wetland vegetation as "fair".
C. Soils Description
According to the "Soil Survey of Dallas County, Texas" (U.S. Department of Agriculture,
Soil Conservation Service), the soil type and corresponding erosion factor "K" of the
Universal Soil Lose Equation are shown in the table below:
SOIL TYPE "K" FACTOR
TRINITY CLAY 0.32
Trinity clay is moderately alkaline black clay and is moderately well drained, permeability
is very slow and available water capacity is high. Runoff is very slow and the hazard of
erosion is slight. The soil is typed as belonging to hydrologic group D. Potential for
wetland wildlife is Poor.
III. PROJECT DISCUSSION
A. Methodology
Successive year aerial photographs (1997, 1999, 2003, 2005, 2007) were obtained of
the borrow area to determine its approximate date of origin. Also internet resources
such as Endangered Species listings, County Soils Maps and FEMA Firms were
evaluated. The site was also visited to evaluate the site for wetland potential
B. Jurisdictional Determinations
Arial photos from 1997 revealed that the borrow area was already in existence that year.
Comparing the 1997 aerials with the aerials taken for sheets 2 and 9 of the NRCS Soil
Survey of Dallas County (circa 1975) and it is plain the borrow area is not an oxbow of
the Elm Fork. Originally the borrow area was graded to drain to the channel adjacent to
the levees. At some point this swale was blocked and ceased to function. The borrow
area began to retain water for some period of time after a rainfall event. However the
borrow area is not the remnant of a naturally occurring watercourse and does not
replicate the function of a historical watercourse.
The borrow area is located what a reasonable person could conclude as being
"reasonably adjacent to the Elm Fork of the Trinity River. As such, for the purposes of
this project, it is being treated as jurisdictional and as such no fill is to be placed within its
boundaries. The natural flow of water to the borrow area has not been altered.
IV. ALTERNATIVE ANALYSIS
Avoid: Take all appropriate and practicable measures to avoid those adverse impacts to
the aquatic ecosystem that are not necessary.
No fill is to be placed within the borrow area. No adverse impacts to the borrow
area are proposed with this project.
Minimize: Take all appropriate and practicable measures to minimize those adverse
impacts to the aquatic ecosystem that cannot reasonably be avoided.
No fill is to be placed within the borrow area.
Compensate: Implement appropriate and practicable measures to compensate for
adverse project impacts to the aquatic ecosystem that cannot reasonably be avoided or
further minimized. This step is also referred to as compensatory mitigation. The purpose
of compensatory mitigation is to replace those aquatic ecosystem functions that would
be lost or impaired as a result of a USACE- authorized necessity.
No fill is to be placed within the borrow area. However if the USACE determines
compensation is necessary, a fee in lieu of mitigation can be paid to an
approved wetland mitigation bank
V. THREATENED AND ENDANGERED SPECIES
No activity is authorized under any Nation Wide Permit which is likely to jeopardize the
continued existence of a threatened or endangered species or a species proposed for
such designation, as identified under the Federal Endangered Species Act (ESA), or
which will destroy or adversely modify the critical habitat of such species. For activities
that may affect Federally- listed endangered or threatened species or designated critical
habitat, the notification must include the name(s) of the endangered or threatened
species that may be affected by the proposed work or that utilize the designated critical
habitat that may be affected by the proposed work.
Information on Sate —or- Federal- listed or endangered flora and fauna species was
obtained from Texas Parks and Wildlife Department and the U. S Fish and Wildlife
Service. The United States Fish and Wildlife Department list the following species as
endangered;
Common Scientific SpeciesListing
Marra Name Group Status
Birds
Haliaeetus
Bald eagle leucocephalus AD, T
Sterna Birds
Least tern antillarurn E
Whooping Grus Birds
crane americana E, EXPN
No federal listed endangered species or critical habitat for same has been observed on
site. No state listed species or critical habitats were observed on site. An official State
listing of species has been included in Appendix F
VI. COMPENSATORY MITIGATION PLAN
A compensatory mitigation plan for unavoidable adverse impacts to the aquatic
environment is required where said impacts affect Waters of the U.S. This plan should
include a description of proposed appropriate and practicable actions that would restore,
enhance, protect, and /or replace the functions and values of the aquatic ecosystem
unavoidably lost in the project area because of the proposed work. In the case that the
USACE finds the area impacted to be waters of the US Cotter Associates LLC
recommends the following plan for site development
1. Participation in the USACE compensatory fund for wetland mitigation banks.
VII. NATIONAL REGISTRY OF HISTORICAL PLACES
Based on site observation and evaluation of aerials photographs of the borrow area,
there are no structures and no evidence of any cultural resources, particularly historic
properties listed, or eligible for listing, in the National Register of Historic Places (NRHP).
VIiI. FEMA FLOODPLAIN ANALYSIS
FEMA FIRM 48113C0155 J revised August 23, 2001, and 4811C0160 J revised
August 23, 2001 show that the borrow area is inside of the Special Flood Hazard Area
(aka 100 -year floodplain). It is anticipated that a Conditional Letter of Map Amendment
(CLOMR) will be required for this project. Once the project is complete a Letter of Map
Amendment based on as -built survey will be required. A floodplain development permit
from the City of Coppell documenting that all City floodplain requirements have been
addressed will also be required prior to commencing work.
IX. SUMMARY
The borrow area is located what a reasonable person could conclude as being
"reasonably adjacent to the Elm Fork of the Trinity River. As such, for the purposes of
this project, it is being treated as jurisdictional and as such no fill is to be placed within its
boundaries. The natural flow of water to the borrow area has not been altered.
No fill is to be placed within the borrow area. No adverse impacts to the borrow area
are proposed with this project, and that permitting by the USAGE will not be required.
X. CERTIFICATION
Cotter Associates LLC assessed the extent of jurisdictional waters present in the borrow
pit on a tract of land adjacent to the Elm Fork of the Trinity River located in Coppell
Texas. Please note that the final determinations regarding jurisdictional waters are
subject to verification by the USAGE. The site was also assessed for suitable habitat for
threatened species as defined by State and Federal Government. Suitable habitats for
the listed species were not found on the project site.
1, GLEN A DIXON, Registered Professional Engineer, certify that this Natural Resource
Assessment was prepared under my supervision. This certification does not extend to
supervision of any construction or progress reporting, maintenance or inspection as
required by any permit.
P
P p t ;EE \! A. `,IX,u
71
Appendix A
SITE MAP
1. Location Map
2. Site Map
3. Aerial Photos
L ocati'on
,,,„:„..
,________ ---
ti .
L ,
I / i f it r� ��
a
fi t '
AVRTT/ LAKE \ _' I PKW Y- 1.1 \ p ?`
= 1 1 'fFa.t-EY +g j La�
,I� Li./ 2
/ -'ij I GMgRRCW 3i TGI.
1 z i x
I F
I
NAC KKERRY R.O. _.,. J
VALLEY kWh FYJL i � .. -
1I '_ 695
y R 1
RAtt'HVI '' I
LA
'' ``�
dllIIIIIIIlll,1,.
NORTH
---""
5 WC oif3eltline Joacl and LecdbetterKcl
C ity of Carrolton, Dallas County, Texas
l'reparei B
CO / TX
A55OCIATT5t LLC
LAtV FLAW* 'CAI t7ssr, „ ' LA1t5A?EARGV1rEc7G2F
1805 C !Vest Park RoN r2r/ve, Arlington, Texas 710/3
Phone: (8/7) 274 -3955 Fax: 0172 795 -105/
Email: GALLCOTTERG536GLOBAL.NET
y
•
le - PROJECT LOCATION
`�R _ - 'fit # _ .. -
.z iy >
•
J {
I
f " i •
f � � , t •
„ t LOCATION MAP
x.
c • 5
1 A} APP
INt_1(1) Page IofI
}
}
carat Dr -
"' _ §
x TM
ter`."'. _
s s.a x ms s -..
.-
v rz �, . 3 � : +C
Q 4 a'$
"� �° �.. its � ' � '
` k2 i s_ € , ' 'r,, ' _ n.
a , = ms -
r4i s § fit, i
� �
* - ,w ' 0 - . ` (7 „'' 4. 3 , F HPwiC Ct 7 ;' , ? `%"' .
� c a �
'' _ ['r f.
� 1 ._ 1 ( E:?, ms�z,:
DISCLAIMER
a h b cmplied er N
NCTCOG Maps NCTCOG. dat Various as official o and for nofficial
u
sources were used
This een to gath this
www.dfwmaps.com informati effort was made to
ensure t accuracy of this data,
however, no Every guarantee is given or
implied as to the accuracy of said data.
http:// www. dfwmaps. com/ print .asp:�Lavers =on &AERIAL97 =on i � ) 6/22/2009
'NU 1 wj Page 1 of 1
x
& Y '4r, -
i - nv tr � � mss � ,--,- c
F - � cri � �. �`
l q ,..., " "- r N ' �- . '* � gyp # f ' - (� Y � � � ,.._....,. ,' „, .
1 ,' = - , } �YM1 .. _ ` �� .� Y...• t ,R 9! 1."F =S is
�,h '",.. - F 6th F�" - '- °-<
� �. 1 • , _ ma x, s , , ` . A mew a %
I' ' 4 ' ; as 1 1- ' ::,' ' ' � -,
li
;`4, 4* ,,, olii -- 1 -. 4';it.:•;',.' '-'''',:- i t w.. { 1 ? 3 t� y s r 2 , ,
• p ,' z ;*., a , • a sk .s, s :,,,....„,...••.•,.„.s.,•,...,„:„.„.,..,,,,,..,,...,,,..,,..,
,f-:"': , by "` `,+ of ' '` w. "* , ! . t r 1' -, "" ,k ,.' :
4 vY# r *r- :. „ * 2 e -'!7 ,'- £ :te r : -- a }s •
o , . t �'� u' , r , r u� � µ X i e �� T � � � � p + � � ta -+tic , v x a' �c ' „ { �
x 3 a w .ic ' t'. x t 3 - 41F 4. - ' ''' ---= 'P ' ' - ...: ,.:;:.,. .„, .„ g....'r,.;:',•,zft.-1:7 8-- '''-',..,- '-'
* ; - � ' t7 s j ., 1 . -. N+ � ' 0'# e � 1-' { ^
*. �°i � LLi . ., r 4.
• e6, F *, G r. `, r .. C3 - n ,.4-4,,-. �`1 y >' ,,
a , G� •
t '‘.1'.: °7 ° , ; ?fix � 0,•0 ieY a ,s 7..'
fts
1 3 .' ` '� -". +� � r ' w . f a f 't t': s ° ", ` b h .a` ,,
> -- '��- y 2 . < =La c �r µ ,, k -
r , . - Y i ' , ta 5 . ' i .°#m.. £ ' v t a
X � � r `' 5 tK +� J`q � � f '� .Rf �`
,,. �` : 6 '� $ . . Y 3r...� rid .y�' i
DISCLAIMER
This data has been compiled for
NCTCOG Maps NCTCOG. Various officia and unofficial
sources were used to gather this
www.dfiwmaps.com information. Every effort was made to
ensure the accuracy of this data.
however, no guarantee is given or
im•Iied as to the accurac of said data
6/22/2009
http: / /www.dfwvmaps. cam /print.asp ?Layers= on &AERIAL05 =on a c 6 r
Appendix B
PROPOSED
GRADING
PLAN
_
_ --- _
•••■■■■•7
\ k
� Z
— — _ - �:�� —_ —_ — E B - - _ _ 0 17 0 ,
— . . °. » „ �� ;tip ' ' . , ; , ' ELT LINE ROAD - - --_ _ — _ f I= = •:^- {1 ” i; 18411 ! . --- —_ — — -- - . � ate �+ 1 � ----�- - -- ---- -- — —
J , 3 • , �` , r YFi; t. 1. , 4.,,,,,n, : ia�:. ;___ • _—' _ - :-.1F --- -- —
— -- — —
:. �i.i w r � (. :,....,:t r ....9'..',....::::-.....,--.,,--"""-..t•
-0.� = „�.- 1i ;:,+.....�. ... •.'► +a:54,..6„---1. �� aci ._. •�
:i: 1[
'... ", " 1' !�! I 5'PiA�LC .,s. aa. R _'F _ '77.1.— ;R, . : wiiii :F E . ..... r.,:ii)11 442 9P \ \ \ .L_ HP' 4Q�4 DRRGT . O
:t ” '' ' LOT 1, BLOCK SELF 1 I . :
.. .
' ' •• : • , ;; STORAGE ADD, 4.: ° X • 1.1., . Z
•
j o • .. • ....„ ••...... .....
.• . ..
,............) 41 *-1
t• ':
• L
/
•
}
; .. . 1 / ...„
, . .
:: :, <f :, . \ ri
; ,.(t! �.... (` :: �/ \ \ o f
it
,r.� ''i': ';�/ y / sRanran \'' .. �.... I i f . ..,..- . : ,,,,,, ..
.
,� '
r ............,'- ............ .....
. � ` • 7 . ............. -.
........... ................1 ....:', .04 ...... ......
4 : ; '� :: . ....... ......... . ... •.cy........... •• -- '{7 ��1M /1111
r
r'
g
\
a \ l• n •
:<': , c •
. rJ \ 1 ` 1 ,1 Vt
472b1 ACRES
•
TRJLAM7/742P7161ED DINT VBJRRE i ' ' '' ... 4 "C� • •
VOLUME 5215 PAGE 1/1 — _ - _ �� ; ••
• •
r .
Zi
k%h . tk. 0
1
•
k ; � S
7
E
W
= PROPASED
•
•
•
,II�IIIII II Illll�ltl •4i ` ... .... :.:: ::: ..............! „ . r . : •' 131 ..
�)1>A ' � ' �i }. $ T t '1� Ii••4: . •.. ••••••• .... .... ........ ..... ... � 7 1I�G FOOD CON s•"..`
NO� �/ 1 t l �t� t,1Lj %If, rj �7 > Q•:::: •• '' • ....... ...... .3e. ' , f!L UM€ 84105, PAG�10�14 •
•
200' .:: : \ \‘' �`; " n •
1BCHMARKS ,-
�',; r: 9... ^ J RaLS =scua r avrcw arcu RS Rn €fRDa= n wcvrTH R
SCALE
',_ tom 7W.440.47 47 TOPOFALL ELEVATION l kr '' �,. .:;. : 17;
BW�40.91 =PROPOSED TOP OF ALL EL VATION :i::�: \.,'•. '•. ? i '.........,\.: 8(10,39 PEETSOUINOfTHfAb7RIHERN /MERSfCTIaNOf V Q • TC401.31 =PROPOSED TOPOFCURS ELEVATION �..."%e/./ " ;.�'•. : `• ' MiC4R11M ,RRLVD.A�VACLfYRANCW ACCROSSfR Q1/INffl4Nl( UyS
\ S
100' TPoS01.40 = PROPOSED TOP OF PAVEMENT /WALK ELEVATION { r /f ?•., BLOC. fLEYAT(ON43080
M4TCH X /STING
- MATCHER /STING ELEVATION DOWEL INTO PAVEMENT/ WALK f ; : Y1,1 / 1 ': ' • : : : ', /
0.5% 0.5 %SLOPEAWAY •/ ;«• Y• "i'�:!i :'••. T `:�'•..;; ; ; \ �` -- `` e` ';':`i . i 1JSIXA4RfC(/ TQVTC4° L4r/ NLETININESOU7NCUR
EfT BIINE1OfBBT(lNf
' y toNN
PROPOSED CONTOS[OPEFLOWD/REVR(EMRROW ': :21;;;;:'•f ;: .� ; : ::,;`.;.;: +.. 7&SfEETN£SND9fNQ7MOF /#hVifTION ^,
2O ■ 0 E (V7 PROPOSED I CONTOUR NK
4VA MENT
/FILL)
` "': • ::.::•.:.::::•:::::::.:•.. , �— �1FFSWTXR OWLL b A IHEW£STROWLMfOf RSfC
'� (XINTOUR (IXCAR ON /CUT)
`fi'(;+; :; ;.; •.;.:: :';!•:;•:;::; ;'•:;; ( ,
K/ST/NGCONTOUR ...::..i.".... \ :::: LLDBf71fR fLtYATKN40l&P
� ? .
2 �
�
>. . . .
. /
. w «. a+ ..
� ..
� \� y�\
.
r
m �
•
� 4 S
}
Ark,
r
`� 'e# sy '. s p , ,
a
c
e y i
a
m
,"pax
1 `w
r
3
fib. R .."
".1;
e
.,
. -, --,: ._ ',:,,.',--,--...,-' - ,
,
i
.,.,,,.
18. NATURE OF ACTIVITY (Description of project, include all features)
PLACEMENT OF FILL MATERIAL IN AN APPROXIAMTE 0.502 ACRE PORTION OF AN EXISTING BORROW PIT TO
RAISE A PROPOSED 13 ACRE COMMERCIAL SITE ABOVE THE 100 YR FLOODPLAIN OF ELM FORK OF TRINITY
RIVER . THE BORROW PIT WAS CONSTRUCTED IN 1997 TO PROVIDE FILL FOR AN INDUSTRIAL EQUIPMENT
YARD IMMEDIATELY ON LEDBETTER RD ADJACNET TO THE ELM FORK OF THE TRINITY RIVER.
19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions)
THE PROPOSED PROJECT IS FOR COMMERCIAL DEVELOPMENT. THE FINAL USE FOR THE SITE HAS NOT BEEN
IDENTIFIED AT THIS STAGE OF DEVELOPMENT. NO CONSTRUCTION SCHEDULE HAS BEEN DEVELOPED AT THIS
TIME. COPPELL REQUIRES ALL FILL BE COMPLETE WITHIN TWO (2) YEARS OF ISSUING PERMIT TO PROCEED.
USE BLOCKS 20 - 22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE
FILL IS TO ELEVATE SITE TWO (2) FEET ABOVE 100 YR FLOOD PLAIN WATER SURFACE ELEVATION PER CITY OF
COPPELL ORDINANCE. FILL MATERIAL IS TO BE COMPACTED IN 1 FT LIFTS TO MEET DENSITY /MOISTURE
REQUIRMENTS
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
FILL MATERIAL IS TO BE TAKEN FROM THE SITE USING SOILS CLASSIFIED BY SCS DALLAS COUNTY STUDY AS
"TRINITY -CLAY' DEEP, NEARLY LEVEL, CLAYEY SOILS; ON FLOODPLAINS. NO OFFSITE FILL MATERIAL IS
ANTICIPATED TO BE USED WITH THIS PROJECT.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED (see instructions)
THE BORROW PIT AREA IS APPROXIMTELY 5.69 ACRES OR 247,856 SQUARE FEET. THE AREA PROPOSED TO BE
FILLED IS APPROXIMATELY 0.502 ACRES OR 21,867 SQUARE FEET.
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES O NO O IF YES, DESCRIBE THE WORK
THIS PRECONSTRUCTION NOTIFICATION IS IN RESPONSE TO THE CITY OF COPPELL REQUEST FOR
JURISDICTIONAL DETERMINATION BY THE USACE AND THE CLEAN WATER ACT
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY (If more than
can be entered here, please attach a supplemental list)
NO OTHER PROPERTY OWNER ADJOINS THE BORROW AREA . THE ELM FORK OF THE TRINITY RIVER FORMS
THE EASTERN BOUNDARY OF THE PROPERTY.
25. LIST OF OTHER CERTIFICATIONS OR APPROVALS /DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES
FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
NONE TO DATE
* Would include but is not restricted to zoning, building and flood plain permits.
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as the duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE N TURF OF AGENT %ATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United
States knowingly and will fully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false,
facticious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any
false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345 — ONLINE CESPK -CO -R
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710 -003
(33 CFR 325)
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
Searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington VA 22202 -4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710 -003), Washington, DC 20503.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States; the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routine uses: Information provided on this form will be used in evaluating the application for a permit.
Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the proposed activity. An
application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required)
Mr. IRFAN DOSSANI, OPERATIONS MANAGER GLEN A. DIXON, COTTER ASSOCIATES LLC
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
DREAM CONSTRUCTION, LP 1805 WEST PARK ROW, SUITE C
520 E. NORTHWEST HWY, #100 GRAPEVINE, TX 76051 ARLINGTON TEXAS 76013
7. APPLICANT'S PHONE NUMBERS WITH AREA CODE 10. AGENT'S PHONE NUMBERS WITH AREA CODE
a. Residence a. Residence
b. Business b. Business (817) 274 -3955
11. STATEMENT OF AUTHORIZATION
1 hereby authorize to act in my behalf as my agent in the processing of this
application and to furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
FLOODPLAIN RECLAMATION,OF A +/- 13 ACRE SITE IN THE CITY OF COPPELL ,TX
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
ELM FORK TRINITY RIVER SOUTHWEST CORNER OF LEDBETTER AND BELT LINE
RD. IN THE CITY OF COPPELL TEXAS
15. LOCATION OF PROJECT
DALLAS TX
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
LAT 32.9504531 LONG - 96.942162
17. DIRECTIONS TO THE SITE
THE SITE IS ACCESSIBLE FROM LEDBETTER RD AND BELTLINE RD IN COPPELL
ENG FORM 4345 — ONLINE CESPK -CO -R
Texas Parks & Wildlife Dept. Page 1 of 1
Annotated County Lists of Rare Species
Last Revision: 5/6/2009 02:17:00 PM
DALLAS COUNTY
BIRDS Federal Status State Status
American Peregrine Falcon Falco peregrinus anatum DL T
year -round resident and local breeder in west Texas, nests in tall cliff eyries; also, migrant across state from more
Arctic Peregrine Falcon Falco peregrinus tundrius DL
migrant throughout state from subspecies' far northern breeding range, winters along coast and farther south;
Bald Eagle Haliaeetus leucocephalus DL T
found primarily near rivers and large lakes; nests in tall trees or on cliffs near water; communally roosts,
Black - capped Vireo Vireo atricapilla LE E
oak juniper woodlands with distinctive patchy, two - Layered aspect; shrub and tree layer with open, grassy spaces;
Golden- cheeked Warbler Dendroica chrysoparia LE E
juniper -oak woodlands; dependent on Ashe juniper (also known as cedar) for long fine bark strips, only available
Henslow's Sparrow Ammodramus henslowii
wintering individuals (not flocks) found in weedy fields or cut -over areas where lots of bunch grasses occur along
Interior Least Tern Sterna antillarum athalassos LE E
subspecies is listed only when inland (more than 50 miles from a coastline); nests along sand and gravel bars
Peregrine Falcon Falco peregrinus DL T
both subspecies migrate across the state from more northern breeding areas in US and Canada to winter along
Piping Plover Charadrius melodus LT T
wintering migrant along the Texas Gulf Coast; beaches and bayside mud or salt flats
Western Burrowing Owl Athene cunicularia hypugaea
open grasslands, especially prairie, plains, and savanna, sometimes in open areas such as vacant lots near human
White -faced Ibis Plegadis chihi T
prefers freshwater marshes, sloughs, and irrigated rice fields, but will attend brackish and saltwater habitats; nests
Whooping Crane Grus americana LE E
potential migrant via plains throughout most of state to coast; winters in coastal marshes of Aransas, Calhoun,
Wood Stork Mycteria americana T
forages in prairie ponds, flooded pastures or fields, ditches, and other shallow standing water, including salt -
INSECTS Federal Status State Status
Black Lordithon rove beetle Lordithon niger
historically known from Texas
MAMMALS Federal Status State Status
Cave myotis bat iVlyotis velifer
colonial and cave - dwelling; also roosts in rock crevices, old buildings, carports, under bridges, and even in
Plains spotted skunk Spilogale putorius interrupta
catholic; open fields, prairies, croplands, fence rows, farmyards, forest edges, and woodlands; prefers wooded,
Texas Parks & Wildlife Dept. Page 1 of 1
Annotated County Lists of Rare Species
MOLLUSKS Federal Status State Status
Fawnsfoot Truncilla donaciformis
small and large rivers especially on sand, mud, rocky mud, and sand and gravel, also silt and cobble bottoms in
Little spectaclecase Villosa lienosa
creeks, rivers, and reservoirs, sandy substrates in slight to moderate current, usually along the banks in slower
Louisiana pigtoe Pleurobema riddellii
streams and moderate -size rivers, usually flowing water on substrates of mud, sand, and gravel; not generally
Pistolgrip Tritogonia verrucosa
stable substrate, rock, hard mud. silt. and soft bottoms, often buried deeply; east and central Texas, Red through
Rock pocketbook Arcidens confragosus
mud, sand, and gravel substrates of medium to large rivers in standing or slow flowing water, may tolerate
Sandbank pocketbook Lampsilis satura
small to large rivers with moderate flows and swift current on gravel, gravel -sand, and sand bottoms; east Texas,
Texas heelsplitter Potamilus amphichaenus
quiet waters in mud or sand and also in reservoirs. Sabine, Neches, and Trinity River basins
Wabash pigtoe Fusconaia flava
creeks to large rivers on mud, sand, and gravel from all habitats except deep shifting sands; found in moderate to
REPTILES Federal Status State Status
Alligator snapping turtle Macrochelys temminckii T
perennial water bodies; deep water of rivers, canals, lakes, and oxbows; also swamps, bayous, and ponds near
Texas garter snake Thamnophis sirtalis annectens
wet or moist microhabitats are conducive to the species occurrence, but is not necessarily restricted to them;
Texas horned Lizard Phrynosoma cornutum T
open, arid and semi -arid regions with sparse vegetation. including grass, cactus, scattered brush or scrubby trees;
Timber /Canebrake rattlesnake Crotalus horridus T
swamps, floodplains, upland pine and deciduous woodlands, riparian zones, abandoned farmland; limestone
PLANTS Federal Status State Status
Glen Rose yucca Yucca necopina
Texas endemic; grasslands on sandy soils and limestone outcrops; flowering April -June
Warnock's coral - root Hexalectris warnockii
in leaf litter and humus in oak juniper woodlands on shaded slopes and intermittent, rocky creekbeds in canyons;
I'd
m m .. 2 m
E g -§ E
0 o m
H� m � Qo v
F- G E =0 C c v °1
W z
u. d I F �d Soho ^ N q N m 62 0
1.Y I O p— w N yy N 2
Z Z s w ' d N V V i u `t V D d N
Q A J '� ° E W= be �' .. 10 2
w C (� i g m 8 e= a �° E o
t_ Q a a CI f
yEE
L..., L..., m �
.raz � LL
U o o 0 n"o � �
E. 0 o N UO x S mii
E w I ti z (1) a y o a` w
1 a � C t-7 Q � a r 1 "z a; 11 T a nr�i.t v o I as re A 4 a, i8. /, Q
m
o I? A IYN9 O p LL 0
1P °E
E' ro E 3 .
m m m m o
3 °` a
W
o
Q O
W V W W in
W 4
p X z „ p X O
N � N N M u
x ry
` tft Q 91�� %��' y Y r c z a -` 3a "'r :` '' s �� t "'w > ;, u
a -Z 4 �. . r' eEz� ti. i, `r gt -- ' ,G a ' �'` rj"'! - C t * c 4" y u
a ,. � � � .ayc.. � . <smb��� + �� ✓ ✓ � � e, �. � � " �S '£tr� �' �? etvl *� ��i �3;� 'k`;\ \ ..\\ 4 . firii , 'It '''' ' ' \ ' 9 , OV` N;4:;:•.-..--,:: ,-, e;
-1,-,,,,, ,,, \\---,„ ,../ '„../7 , rel.....-----.—*, - -,- , 111/4, , \ co 1 , ,_ ,.1, , 4 „,\ - -- A
\ It
,, ,t,\'‘‘, \\,-, t:1-< - o ' ' -5: >c ,...e.„ : v - ' ‘,.. , :,.:,,,,.._ . , ,,:,,,,,;:,,,,,::::,..i .1 4::,,,,,,,,i.,44. ., 44,,,,,,ti , : a vt .,-,6ts. :44 44 .::;7,,, : 1 1
' "E-4,,:' .: \ • \ '1/4\ ' e fic , ,,,,, ,,\\ :). 4 i ,,„ ,
4
� f f as9w�^r. i � '' y'5.. v . ,®rs,�
......,
, ( A 1 t Road o. i levee I
0
1* ,
I ft '✓ 7 IIL "'t _ , r tom. lb, '4 4 . 1 0 , ... % I:, 0 *ii,
F X a y va = O G r
Z W ~ W J P
P
o Q Z O >�"'
® 2 O '. o y 0
n S\ w m
i N i ,-''
4" 1 { H m LI
La, 2 / ; R
ro
a1 X i O <r hh,,tOULE:v
4.„ Airy 1
W
1` W / 0 '51 w j
W w I
O
N �J2 y' d 1
W
« m O q .
O // EL mEE
/ p « E 0
r F Z I C° o ,.....pc -s C o
o
F O ! L W GO N 04 7,72M,
W d W g .y =p G 6 «
LL W O a� inii Z M � N C flfl( wf QW C E o
i.• ` � � a
J Q OA a `= 5 a ° E °i ICS r4 i
to ...
OC Z N O o u °1EE
‘111-4 114-j o ° Z c o z m t • m.
CJ] (� O ? ::::::
" E O ULL 2c * D t-� O co a W c Qa @
Alif r_ O W z ,y a�sl J e a+ @ = w n o
Q a �L W Q E" H a 1..,",'
. !gl *oaz"'.' " o E w r
d
W 0. L N V
. ` 1• 1 O tJ _ y�
cp
Q �r/y. fl m a y tl Eal
N
q � Y
.'7 o E
". % @ O @
fl
@ p @ o O
a ________---
`o «a_ -g \\ ���. -� ' C I
a .
a ® x��\ I
. mph
O 0
O
`." y tie" , -*$' h 0 C4
0G La w
x V D u.
:� w
W Q 0
' O m o¢
cc
N : O u�i�I
o
•
O m r
4.' a
1111!".q..\... ..
w
JI O �+ _ +• 0
■
r i 1
\ N. /-----/
J
L S \ S - \•, , t q , y S k Z - - .:---„, „ , ,, ,t.. , , ,, . ,, ,, , \, / ,.,-.,...
m q_ Per a t • �a \ \\-„.\, ...„, ( \\\‘‘ - - \\-‘ \\
* ; 4'` us firs. \ , + � :' . ° .a \ ' 4 Z O \.' kV I ` \ �' { t + . . : ! Cl Ll Y day O .....
7 \ - *,, \\-,-....-\,„ .... , . 1 H. ti \ , '`'` ;'° F ; l 1:\•.::::;:;>.:\-::\,:-.::\ '� ter - \ ‘.\\.•;,';-...."
o
a „„m CJ
D
In
4-1
o
M
,F;ST of DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
w 'Y' P.O. BOX 17300
%nir £ FORT WORTH, TEXAS 76102 -0300
0
♦Tf O8 rATE5 OF ATI LNT ON Of July 24, 2009
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number SWF- 2009 - 00300, Commercial Development, Coppell
Mr. Glen Dixon
Cotter Associates LLC
1805 West Park Row, Suite C
Arlington, Texas 76013
Dear Mr. Dixon:
Thank you for your letter received July 15, 2009, concerning the proposal by Dream
Construction, L.P., to construct a commercial development on approximately 13.15 acres located
south of Belt Line Road, west of Ledbetter Road, City of Coppell, Dallas County, Texas. This
project has been assigned Project Number SWF- 2009 - 00300. Please include this number in all
future correspondence concerning this project. Failure to reference the project number may
result in a delay.
We have reviewed this project in accordance with Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act of 1899. Under Section 404, the U.S. Army Corps of
Engineers (USACE) regulates the discharge of dredged and fill material into waters of the United
States, including wetlands. The USACE responsibility under Section 10 is to regulate any work
in, or affecting, navigable waters of the United States. Based on your description of the proposed
work, other information available to us, and current regulations and policy, we have determined
that this project will not involve any of the above activities. Therefore, it will not require
Department of the Army authorization under the above laws. However, it is incumbent upon you
to remain informed of any changes in USACE Regulatory Program regulations and policy as they
relate to your project.
The USACE based this decision on a preliminary jurisdictional determination (JD) that there
are not waters of the United States on the project site. This preliminary JD is valid for a period
of no more than five years from the date of this letter unless new information warrants revision of
the delineation before the expiration date. It is incumbent upon the applicant to remain informed
of changes in the Department of the Army regulations.
-2-
Thank you for your interest in our nation's water resources. If you have any questions
concerning our regulatory program, please contact Mr. Frederick Land at the address above or
telephone (817) 886 -1729 and refer to your assigned project number.
Please help the Regulatory Program improve its service by completing the survey on the
following website: http: / /per2. nwp.usace.army.mil /survey.html.
Sincerely,
7 ,
'''. - A,P.,--- , " ( % '' -
Stephen'{ Brooks
Chief, Regulatory Branch
■
y