FS9903-CS 990203REPLY TO
ATTENTION OF:
Environmental Division
Regulatory Branch
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P.O. BOX 17300
FORT WORTH, TEXAS 76102-0300
SUBJECT: Project Number 199900051
February 3, 1999
Mr Ronald W. Morrisc:n. P.E
Senior Hydrologist
Morrison Hydrology Engineering, Inc.
210 Arnold Avenue
Arlington, Texas 76010
Dear Mr. Morrison:
Thank you for your letter dated January 21, 1999. Your request has been assigned Project
Number 199900051.
Ms. Mary Flores has been assigned as the regnlatory project manager for your request and
will be evaluating it as expeditiously as possible. However, because of our permit workload it will
take a while for us to respond.
You may be contacted for additional information about your request. For your information,
we are enclosing guidance on submittals and mitigation that may help you prepare future requests
or supplement your current request.
If you have any questions about the evaluation of your request, please contact Ms. Mary
Flores at the address above or telephone (817)978-7547 and refer to your assigned project
number. Please note that it is unlawful to start work without a Department of the Army permit if
one is required.
Wayne A. Lea
Chief, Regulatory Branch
Enclosures
US Army Corps
of Engineers
Fort Worth District
Recommendations for Department
of the Army Permit Submittals
April 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 I0 of the Rivers and Harbors Act of 1899:
I. 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 Nranual", USAGE Waterways Experiment Station Wetlands Research
Program Technical Report Y-87-I, dated January 1987. The on-line edition of the manual is available on
the Intomet at http://www.wes.army.miI/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. (Ira standard individual permit is required, drawings on
8 V2 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 pro-
construction 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 USAGE lake project.
7. A description o~ th.e project's likely temporazSt 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 I. Any other relevant information, including available information on cultural resources and
hydrology.
US AfUly COrpS
of Engineers
~or~ wartt~ District
Mitigation and the Section 404
RegulatorS' Program
March 6, 1998
Under Section 404 of the Clean Water Act, the U.S. Array Corps of Eageers (USAGE) re,lares the
cUsch~rge of dredged and fill material Ln:o waters of the United States, i~cluding wetlands. Thus,
Depa_runen~ of the .Lrmy authorization is norma/Jy required for discharges associated v4th such gotrod
disturbrag activities as filling gadinn excavation, gd mech~zed land clearing when th~ cccur in waters
of the United States. W'hen the USAGE reviews a project that would require Deparm=ent of ~e Army
authorization, the ¢valuation process typically includes a determination of whether the applicant has taken
sualcient measures to m. jtigate the projecgs likely adverse impacts to the aquatic ecosystem. N~tigation is a
th. ree-step sequential process, wi~h the steps employed in the following order:
Avoid: Take all appropr/ate and practicable measu~'es to avoid those adverse impacts to the aquatic
ecosystem that are aot absolutely necessary.
~,Enlmize: Take all appropriate and practicable measu.re~ to minimize those adverse impacts to the
aquadc ecosystem that catmot reasonably be avoided..:
Compensate: Implement appropriate and practicable measures to compensate for adverse project
impacts to the aquatic ecosystem that cannot reasonably be avoided or mi-;m;zed. Known as
compensatory mitigation.
· Whil,: this sequential m/tiga6on process is nounally applied only during the hadiv{dual permit process, most
nadon~vide and regional panoral permits do requ/r~ that discharges ofdre. dged and ~11 material into warits of
the United Starts be avoided and ,~i.~mi~,ed to the maximum ¢xttmt practicable, unless the DLetrict Engineer
approves a compcusadon plan that is more beneficial to the ~nvironmant than m;.;mi~a~ion or avoid.nee
measures undertaken at the project site. The District Engineer will normally require, on a case-by-case basis,
all practicable and appropriate compensation as a condition of I2~-parcment of the Army authorization.
The pu~ose of compensatory mitigation is to replace those aquatic ecosystem functions that would be lost oF
impaired because o~'an authorized ac(5.vi~. The amount and type of compensatory mi(~gation req'a'~ for a
particular aet/vity should be eommen~xat= with the nature and extent of the ecfivity's adverse impact on
aquatic functions and be practicable ha terms of cost, existing technology, and logistics, ha light of the overall
project purpose. Aquatic functions, which. are most simply defined as "the ~hings that aquatic systms do,"
include seameat trapping and nutrient r~moval; flood storage and conveyance; erosion conetel; providing
habitat for fish and wildlife, ~cluding endangered speci.es~ groundwat~ recharge; water supply; production
of fe<xt, fiber, and timber; mad recreation. The number and extent of these and other aquatic functions vary
widely among the myriad aquatic sites found across the Fort Worth D/strict.
Compensatory mitigation may include the restoration, enhancement, eation. or, ha exc~tional cases,
preser,'ation of wedands and other aquatic resources. Restoration is the re-establishment of functions and
characteristics that have either ceased to exist or ex/st in a substantially degraded state; enhancement
includes activities cozducted on, or adiacent to, ex/sting wetiands and other aquatic resources that are
intended to enhance one or more aquatic functions such as conversion to a Less desm;ctive land use or
In-lieu fee and fee-based mitigation: Mitigation systems r. hac provide a Departmen~ off. he
gc~k~ee ~ oppo~ni~ co pa~ a fee m lieu oftendue:rag projcc~-spec~c compensation ~cdviues.
~e used ~o ~nd projec~ desi~ co restore, ¢~ce, crea~e, or, ~ some cases, pr~se~'e aquatic
¢co~stem ~ctions. ~ese projec~ she,d re~ec~ bo~ ~¢ na~ ~d ¢x~n~ of aquadc ~cdons
adversely ~f~Ced by pe~ed acdvi~es. T~ically, ~-Iieu systems pe~ ~o ~spec~ed
~g~don project, while fee-b~ed ~'ste~ ~volve specie, iden~ed ~g~on project,
eider complete or ~der dcvelopmen~ as fees ~e collected.
Depar'cnent of r. he Army permi~ees are cespcnsible for developing a mitigation plan and submit'ti.ng it co
USACE. An appropriate real estate arrangement~ such ~ a deed res~ction, ~ aorma. LIy be required co
achieve long-term success of a mitigation plan or to provide sufficient compensation for adverse project
Lmpacts. A n:dtigadon pla~ should generally include at a mi.imum:
1. A complete description of efforts made co avoid and minimize adverse project impacts to the aquadc
ecosystem. Include irapacts to iota/hydrolagy, upstzeam and downstream aquatic resources, and
wildlife habitat. ..,
2. A thorou~ description of the proposed compensatory mitigation area, including a vicinity map, site
map, aerial and on-site photographs (if available), land use kistoL'y, soils, local hyda'ology, and dotrdnant
vegetation. ;
.,,
3. Ajurisdictional determination, including a wetland delineation (if appropriate) conducted in
accordance with the 1987 Corps of Engineers Wedands l~lineation Manual. Thejurlsdictional
determination r~port should Include a site description,/Held data shorts, s~,rnrnary of findings, and a
detai/ed map of the sir indicating the location and extent of all waters of the United S tat.s, Including
wetlands.
4. A de~led description of the nature and location oral/proposed ground disturb~g activities and
structu.res associated with the compensatory mitigation project. Include information about grading,
filllug, planting, land clearing, road cousiraction, size and spacing of culverts and bridges, fences,
buildings, utility lines, intake and outfall structures, and dispos~l and borrow area locations. Provide
plan and cross-section drawings of all pertinent work and s(;-ucmres and the voltmac and type of martial
to bc discharged. Include both temporary and permanent activities and smactures.
5.' For work that would create n¢w aquatic resources or modify existing aquatic resources, provide as
appropriate:
a. A description of the proposed hydrology showing that it is adequate for the site, sufficient
suitable quality water will be available during appropriate seasons, end the site would be correctly
graded to provide appropriate hydrology and not ~ause adverse impacts to th6 site such as erosion of
s~¢~m~ ~d cb3nn¢ls;
b. A soil description, including the source and type ofsubstrate to be used, demonstrating it is able
to support the proposed plantings and hydzology:
c. A planting plan that includes a list of native locally adapted species to be used, dens/t?' of
planting, planting method, planting scheduIe, and planting survival success criteria.
Morrison Hydrology Engineering, Inc.
210 Arnold ~Ave Arlington, Texas 76010
Metro (817) 461-0321 Fax (817) 274-1338
E-Mail: tonmot 7777~aoLcom
January 21, 1999
Mr. Wayne A. Lea
Chief, Regulatory Branch
U.S. Army Corps of Engineers
Fort Worth District CESWF-OD-R
P.O. Box 17300
819 Taylor Street
Fort Worth, Texas 76102-0300
Re: Request for an Initial Review Meeting for Proposed Modifications to a Possible Jurisdictional
Area at Sandy Lake Road and McArthttr Blvd. In the City of Coppell, Dallas Co., Texas
The subject site is shown on the attached drawing. We plan to conduct a site investigation and would
appreciate discussing the results with one of the permit staff.
We will follow up with a telephone call to confirm a meeting date unless we hear from you first.
Sincerely,
Ronald W. Morrison, P.E., C.F.M.
Sanior Hydrologist
Copy:
Mr. Kenneth Griffin
City of Coppell