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ST8505-CS 860911ATTENTION OF: /'-EPARTMENT OF THE ARMY FORT WORTH DISTRICT. CORPS OF ENGINEERS P. O. BOX 17300 FORT WORTH. TEXAS 76102-0300 September 10, 1986 Operations Division Office Operations Branch SUBJECT: Permit Number SWF-86-DALLAS-986 Mr. Kevin Peiffer Ginn, Inc. 16135 Preston Road, Suite 106 Dallas, Texas 75248 Dear Mr. Peiffer: Thank you for your Department of the Army permit application received August 18, 1986, concerning the proposed widening of Belt Line Road in Coppell, Dallas County, Texas. Your project has been assigned Permit Number SWF-86-DALLAS-986; all future correspondence concerning your project should include this number. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States including adjacent wetlands. Based on your description of the proposed project, we have determined that the project will involve such discharges and, therefore, will require prior Department of the Army authorization. A general permit, described on the enclosed sheet, has been issued on a nationwide basis for the discharge of dredged or fill material into certain waters located upstream of the headwaters. Although we have determined that your proposed project will cause the loss or substantial adverse modification of 1.25 acres of waters of the United States, this proposed discharge has'not'been identified as being of particular interest to the resource agencies provided the' following special conditions are met: a. That the 0.52-acre area shown on the enclosed map be excavated down to elevation 512.00 NGVD and planted with 48 oak trees. These oak trees will be a mixture of three species: ~uercus pigra (water oak), ~uercus ~hellos (willow oak), and ~uercu~. macrocar~a. (burr oak). b. That the applicant guarantee a 90 percent survival rate for two years from the date of planting. c. That this office be contacted for inspection immediately after planting, one year after planting, and two years after planting. d. That the excavation and planting work be completed prior to or within six months after the start of work construction. -2- The only other requirement is that the person responsible for the project must ensure that the work is in compliance with the conditions and best management practices listed on the enclosure. Failure to satisfy the above invalidates the authorization and may result in a violation of the Clean Water Act. This permit should not be considered as an approval of the design features of any structure authorized or an implication that such construction is considered adequate for the purpose intended. It does not authorize any damage to private property, invasion of private rights, or any infringement of Federal, state, or local laws or regulations. Thank you for your interest in our nation's water resources. If you have any additional questions concerning our regulatory program, you may contact Mr. Jim Townsend at the address above, telephone (817) 334-4625. Sincerely~/ / 1 Enclosure Chief, Office Operations B~ Copies Furnished: Mr. Joe Swick U.S. Environmental Protection Agency, Regign IV 1201 Elm Street Dallas, Texas 75270 Mr. Jerry Johnson U.S. Fish and Wildlife Service Ecological Services 9A33 Fritz Lanham Building 819 Taylor Street Fort Worth, Texas 76102 Mr. Rollin MacRae Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 "~ BELT LINE RD. __'~ NAl~ ,~LDE PER~T FOR CERTAIN ACTIV~ ES ~.S~ A~y Corps o~ En~ineers regulates ~he d~scharge of dredsed and fill ~r~ ~n~o ~he wa~ers o~ ~he Un~ed S~a~es under au~hori~ o~ Section ~0~ of ~he ~ean ~a~er Ac~ ~3 USC 13~). Such wa~ers of ~he Un~ed S~a~es ~nc~ude ~da~ areas, interstate waters including wetlands, and intras~a~e rivers, natural lakes, streams, impoundments, and wetlands. The Corps of Engineers also regulates auy work or st~c- ture in or affecting a ~gable water of the United States (see list on reverse side) under Sec=ion 10 of the ~vers and Harbors Act of 1899 (33 USC 403). General pe~ts ~ve been issued on a nationwide basis for certain discharges or other work ~i~n our regulatory Jurisdiction. These ~tion~de pe~ts apply only to Department of the ~y regulatory programs; other Federal, state, or local authori- zations ~y be required. If your project Is constructed tn compliance with the nationwide pe~t listed below, including conditions I-9, it is authorized without further ad~nistrative action. If the project will not meet these .conditions you must make application for a regional general pe~t or individual petit to the District Engineer; AT~: Chief, Operations Division; S~OD-O; P.O. Box 17300; Fort Worth, Texas 76102. If you have any questiot~s, con~acL the Per~s Section aL 817-334-2681 · Dischar~es of ~teri~ a~ve the headwaters ~d into isolated waters are authorized except those which cause the loss or substantial a~verse modification of one or more acres of waters of the United States. I. ~y discharge of dredged or fill mterlal will not be located in the proxl~ty of a public water intake. 2. Such discharges will not occur in areas of concentrated shellfish production u~ess the discharge Is part of an authorized shellfish ha~esting activi~y. 3. The'activity will not Jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely ~dify the critlcal habitat of such species. 4. The activity ~11 not significantly dis~pt the movement of those species of aquatic life indigenous to the waterbody (unless the pri~ purpose of the f~ll is to lmpound water). 5. ~y discharge of dredged or fill ~terial will consist of suitable material free from ~oxlc pollutants ~n to~c amounts. 6. Any st~cture or fill authorized will be properly mintained. 7. The activity ~11 not occur tn a component of the National Wild and 5cenlc Rlver System. 8. The activity ~11 ndt cause an unacceptable interference with navigatlon. 9. ~e ~st ~nagement practices listed on the reverse side should be followed to the maximum extent practicable. In addition to th~ conditions s~ed ~ the ~tionwid~ p~it, th~ ma~nt p~ctices lhted ~low shoed ~ followed ~o ~e m~mum ~extel.~ ~racticabl~, in the di~ha~g~ of ~redg~d or. ~ mate~l aHo~ed under ~ ~rmil. These p~cticcs w~l ~ze ~c' adverse'effects of thc diverges on the aq~tic cn~onmcnt. F~lure to comply with these p~ices may ~es~t m action to s~nd autho~fion under thc ~fionwide pc~t ~a~q~ ? n (1) D~harges of dredged or fi~ ~ter~l ~to ~c wa~rs of ~c U~ted States should bc avoid~ or m~d ~rough thc ~ of other p~cfi~l Mte~afivcs. "(2) D~ges ~ spa~ng a~s during thc ~spa~ng ~on s~ bc avoided. (3) Dhcharg~ sha~ not ~ct or impedc ~c movemcut of aq~fic s~ies ~di~no~ ~o ~c watera or thc p~gc of no~ or c~pcct~ high flows or ~ ~c ~l~fion of thc water (u~ess thc p~' pu~oK of thc (4) ff thc dish,ge creat~ an ~poundmcnt wa~r, a~vcr~ ~pac~ on thc aq~fic sys~m ~ by thc ~celcra~d p~ of water and/or thc ~tfic~on of i~ flow s~ ~ ~pimi~d. D~ch~ ~ wct~n~ ~ s~ ~ avoidS. (6) H~W cq~pmcnt wor~g ~ wc~ s~ ~ p~c~ on m~. (7) D~rg~ ~to br~ns and n~g a~ for. mi~to~ waterfowl s~H ~ avoided. (8) ~ tempo~ f~ s~H bc ~moved in their entkety. Navigable Waters of thc United S~tes witch the Fo~ Wo~h D~t~ct of thc US ~my Co~s of En~neers For purposes of Section 10 of thc River and Harbor Act of 1.899. the following rivers including their lakes and other impoundments are considered to be navigable waters of the United States under jurisdiction of thc Fort Worth District of the US Army Corps of £ngincers. For information on projects outside our area of rcsp,onsibillty you may contact the appropriate Corps District. 1. Sabine River - From US Highway 190 in Newton County upstream to confluence of Big Sandy Creek in Upshur County. 2. Neches River - From Town Bluff Dam in Tyler County upstream to US Highway 69 in Tyler County. 3. Angeilna River - From confluence of Neches River in Jasper County upstream to US Highway 59 in Nacogdoches County. 4. Trinity River - From Riverside, Texas in Walker County upstream to Riverside Drive in Fort Worth, Texas. 5. Brazos River - From confluence of Navasota River in Grimes County upstream to Whitney Dam 'in Hill County. 6. Rio Grande - From Falcon Dam in Zapata County upstream to the confluence of the Pecos River in Val Verde County. 7. Colorado River - From US Highway 1.83 Bridge upstream to Longhorn Dam. * 8. Bil Cypress Bayou - From thc Texas-Louisiana State linc upstream to Ellison Creek Reservoir. * 9. Sulphur River -Downstream of Wright Patman Dam. * Navigability determinations are not yet complete. For furxher information concerning possible permit requirements for any project you should contact the Fort Worth District's Permits Section.