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FS9903-CS000925September 25, 2000 Morrison Hydrology Engineering, Inc. 210 Arnold Ave Arlington, Texas 76010 Metro (817) 461-0321 Fax (817) 274-13.~8 E-Maih tonmot 777~aot corn ML Kenneth M. Griffin, P.E. Assistant City Manager City of Coppell 255 Parkway Blvd. P.O. Box 478 Coppell, Texas 75019 Re: Copy of Corps LetterRegardingWetlandlnvestigationofanApproximate 10-Acre SiteEast of McArthur BIrd, and South of Sandy Lake Road Dear Mr. Griffin: Enclosed please find the Corps determination on the subject project, It has been quite some time since this was submitted. This letter is for your records and your information. Ifyou have any questions, please do not hesitate to give us a call. Sincerely, Ronald W. Morrison, P.E,. Senior Hydrologist /a � �� d,4 DEPARTMENT OF THE ARMY M FORT WORTH DISTRICT, CORPS OF ENGINEERS / p 44 1 -- -'''' . , a--_. =�= 11 , 111 w' P. O. BOX 17300 ` I% FORT WORTH, TEXAS 76102-0300 , j !'o gy REPLY T O S TATES OF ATTENTION OF September 15, 2000 Environmental Division Regulatory Branch SUBJECT: Project Number 199900051 Mr. Ronald W. Morrisor, P.E. Senior Hydrologist hi° 6 O Morrison Hydrology Engineering, Inc. 210 Arnold Avenue - Arlington, Texas 76010 - Dear Mr. Morrison: This is in reference to your correspondence of January 21, 1999, and follow -up submittal of May 31, 2000, requesting a U.S. Army Corps of Engineers (USACE) jurisdictional determination for a 10 -acre site south of Sandy Lake Road in the City of Coppell in Dallas County, Texas. Information that you provided to us included a report titled "Delineation of Wetlands and Jurisdictional Waters of the U.S. Relating to Section 404 of the Clean Water Act ", dated May 18, 1999, revised May 30, 2000, prepared by Morrison Hydrology Engineering, Incorporated. This project has been assigned Project Number 199900051. 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 the site in question 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 USACE regulates the discharge of dredged and fill material into waters of the United States, including wetlands. Our responsibility under Section 10 is to regulate any work in, or affecting, navigable waters of the United States. We have determined that this site does not include navigable waters of the United States under Section 10. Based on the report that you submitted, and other information available to us, it appears that waters of the United States under Section 404 do exist on the site. We concur with the preliminary determination of waters of the United States that is made in the above referenced report. This approved determination is based on ordinary high water marks for the streams, wetland hydrology, soils, and vegetation for the wetlands, and the potential for migratory bird use for the isolated waters. Department of the Army authorization would be required for the discharge of dredged or fill material into any areas identified as waters of the United States. --2-- If you anticipate a discharge, please provide us with a detailed description of the proposed project, a suitable map of the proposed project area showing the location of proposed discharges, the type and amount of material (temporary or permanent), if any, to be discharged, and plan and cross-section views of the proposed project. Please refer to the enclosed guidance for Department of the Army submittals for additional details about what you should submit. Please note that it is unlawful to start work without a Department of the Army permit if one is required. This approved jurisdictional determination 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. The applicant may accept or appeal this approved jurisdictional determination (JD) or provide new information in accordance with the enclosed Notification of Administration Appeal Options and Process and Request For Appeal (NAAOP-RFA). ff the applicant elects to appeal this approved JD, the applicant must complete Section II (Request For Appeal or Objections to an Initial Proffered Permit) of the enclosure and return it to the Division Engineer, ATTN: CESWD-ETO-R, U. S. Army Corps of Engineers, 1100 Commerce Street, Dallas, Texas 75242- 0216 within 60 days of the date of this notice. Failure to notify the USACE within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD. Thank you for your interest in our nation's water resoumes. If you have any questions concerning our regulatory program, please contact Jennifer L. Riley at the address above or telephone (817)978-7547. ~ ~,~-~6 Sincerely, t~Wa.~ne A. Lea Chief, Regulatory Branch Enclosure NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: File Number: 199900051 Attached X Date: September 13, 2000 INITIAL PROI"I~BRED PERMIT (Standard Permit or Letter of Permission) PROI~H~RED PERMIT (Standard Permit or Letter of Permission) PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION See section below A B C D E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www. usace. army. mil/inet/function$/cw/cecwo/reg/or Corps regulations at 33 CFR Part 331. A: INITIAL PROH~I=PdiD PERMIT: You may accept or object to the permit. · ACCEPT: If you received a Standard Permit, you may sign the permit document and roturn it to the district engineer for final anthodzation. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. · OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and mtum the form to the disWict engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or © not modify the permit having determined that the permit should be issued as previously ,,witten. After eviluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROI"i~P.;RED PERMIT: You may accept or appeal the permit · ACCEPT: If you received a Standard Permit, you may sign the permit document and mtorn it to the disuict engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights m appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. · APPEAL: If you choose to decline the proffured permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved jurisdictional determination (JD) or provide new information. · ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the dam of this notice, means that you accept the approved ID in its entirety, and waive all rights to appeal the approved JD. · APPEAL: If you disagree with the approved JD, you may appeal the appmved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the prelirninary JD. The preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the ID. SEUftON lI - REQUEST FOR APPEAL or OBJECTIONS TO AN KNrt-tAL PROPP'ERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your obje,~ions to an initial proffered permit in clear concise statements, You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps .memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or If you only have questions regarding the appeal the appeal process you may contact: process you may also contact: Jennifer L. Riley at (817)978-7547 'Jim Gilmore at (214)767-2457 RIGHT OF ENTRY: Your signature below grants the fight of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. Date: Telephone number: Signature of appellant or authorized agent Recommendations for Department oUfSEn i . er rps Of the Army Permit Submittals Fort Worth DistrictApril 6, 1998 The following recommendations from the U.S. Army Corps of Engineers (USACE), Fort Worth District, specify information that should be submitted with project proposals for review of permitting requirements under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899: 1. A vicinity map (e.g., county map, USGS quad sheet, etc.) showing the location of the project, including any borrow or disposal site(s) or other outlying features. 2. A delineation and description of wetlands and other waters of the United States in the area that would be affected by the proposed work. Delineations of wetlands must be conducted using the "Corps of Engineers Wetland Delineation Manual", USACE Waterways Experiment Station Weftands Research Program Technical Report Y-87-I, dated January 1987. The on-line edition of the manual is available on the Internet at http://www.wes.army.mil/el/wetlands/wlpubs.html. 3. The purpose of, and need for, the project. 4. Plan, profile, and cross-section views of all work, both permanent and temporary, in or adjacent to waters of the United States, including wetlands. (If a standard individual permit Is required, drawings on 8 ~ by 11 inch sheets must be provided.) 5. The type, source, and volume of material proposed to be discharged into and/or excavated from waters of the United States. In cases where the activity may result in a permanent change to pre-constmcfion contours or drainage patterns, provide the reasons why the changes are necessary and a description of the anticipated outcome of the changes. 6. The width and depth of the water body and the waterward distance of any structures from the existing shoreline if located on a navigable water or a USACE lake project. 7. A description of the project's likely temporary and permanent impact on the aquatic environment. 8. A description of actions in project design to avoid and minimize adverse impacts to the aquatic environment and to compensate for unavoidable adverse impacts to the aquatic environment. 9. The project schedule. 10. A statement disclosing whether or not any species listed as threatened or endangered under the Endangered Species Act might be affected by, or found in the vicinity of, the proposed project. Direct coordination with the U.S. Fish and Wildlife Service concerning the potential impact of the entire project on threatened and endangered species is strongly encouraged. I 1. Any other relevant information, including available information on cultural resources and hydrology.