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MA 1009-CS121213 �ti.T 0F' *•,\ DEPARTMENT OF THE ARMY a4 `- FORT WORTH DISTRICT,CORPS OF ENGINEERS i:, q M P.O.BOX 17300 FORT WORTH,TEXAS 76102-0300 Tf� t''REPLY TO '''�9rr_y°�A,� ATTENTION OF December 13, 2012 Planning, Environmental, and Regulatory Division Regulatory Branch SUBJECT: Project Number SWF-2012-00449, Andy Brown Park and Alex Canal Mr. Keith Marvin City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Dear Mr. Marvin: Thank you for the letter received November 7, 2012, concerning a proposal by the city of Coppell to perform bank stabilization activities at Alex Canal and Andy Brown Park Pond located in the city of Coppell, Dallas County, Texas. This project has been assigned Project Number SWF-2012-00449. Please include this number in all future correspondence concerning this project. Under Section 404 of the Clean Water Act the U.S. Army Corps of Engineers (USACE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. USACE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to regulate any work in, or affecting, navigable waters of the United States. Based on your description of the proposed work, and other information available to us, we have determined this project will involve activities subject to the requirements of Section 404. The USACE based this decision on a preliminary jurisdictional determination that there are waters of the United States on the project site. We have reviewed this project under the pre-construction notification procedures of Nationwide Permit General Condition 31 (Federal Register, Vol. 77,No. 34, Tuesday, February 21,2012). We have determined this project is authorized by Nationwide Permit 13 for Bank Stabilization. To use this permit, the permittee must ensure the work is in compliance with the specifications and conditions listed on the enclosures and the special conditions listed below. Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation of the Clean Water Act. We have determined the proposed activity would comply with all the terms and conditions of Nationwide Permit 13 for Bank Stabilization and the adverse environmental effects of the proposed project would be minimal, both individually and cumulatively. Therefore, we are waiving the 500-linear foot limit for impacts in this case. -2- Our verification for the construction of this activity under this nationwide permit is valid until March 18, 2017, unless prior to that date the nationwide permit is suspended, revoked, or modified such that the activity would no longer comply with the terms and conditions of the nationwide permit on a regional or national basis. The USACE will issue a public notice announcing the changes when they occur. Furthermore, activities that have commenced, or are under contract to commence, in reliance on a nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification, or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5(c) or(d). Continued confirmation that an activity complies with the specifications and conditions, and any changes to the nationwide permit, is the responsibility of the permittee. Our review of this project also addressed its effects on threatened and endangered species. Based on the information provided, we have determined this project will not affect any species listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area. However,please note you are responsible for meeting the requirements of General Condition 18 on endangered species. The permittee must sign and submit to us the enclosed certification that the work, including any proposed mitigation, was completed in compliance with the nationwide permit. The permittee should submit the certification within 30 days of the completion of work. This permit should not be considered as an approval of the design features of any activity authorized or an implication that such construction is considered adequate for any purpose intended. It does not authorize any damages 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 questions concerning our regulatory program, please refer to our website at http://www.swf.usace.army.mil/regulatory or contact Mr. Frederick Land at the address above or telephone (817) 886-1729. 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, Stephen L Chief, Regulatory Brooks Branch Enclosures -3- Copy Furnished: Ms. Katelyn Kowalczyk Integrated Environmental Solutions, LLC 2150 South Central Expressway, Suite 110 McKinney, Texas 75070