Parks Coppell FS-CS 890118i ~~'-~.~,~) DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. O. BOX 17300
FORT WORTH, TEXAS 78102-0300
REPLY TO
__ ^~**rE.'r,o,~ oF: January 18, 1989
Operations Division
Office Operations Branch
SL~JE£~F: Project Number 8800361
Hr. Jerry Parche'
Jerry Parche' Consulting F. ngineers
320 westway Place, Suite 501
Arlington, Texas 76018
Dear Hr. Parche' ·
'I'k~nk you for your letters of November 30, 1988 and January 10,
1989. concerning the pro~s~ 109.7 acre ~rks of Cop~ll pro.~ect
located south of Denton Creek and west of Denton Tap Ro~d within
Copt~I.I, Dallas County, Texas. Your project has been assigned
Project N,~mber 8~0036l; all f,]t,~re corres~ndence concerning your
project ~ho~]d incl,~de this number. Failure to reference the
pro~]ect number on f,H'.ure corres~ndence will result in a delay.
Your project has been review~ in accordance with Section 404
of the Clean Water Act under which the U.S. ~my Corps of Engineers
regulates the discharge of dr~g~ and fil] ~terial into waters of
the Un]ted States including ad.]ncent wetlands. ~s~ on your
dese~ipti, on o~ the pro~s~ work and all ~nfor~t~on available to
us, we have determin~ that your pro.~eqt will involve such
discharges and will r~uire prior De~rtment of the ~my
authorizat.~on under Section 104 of the Clean ~ater Act.
A ~enera[ ~rait app~ieabl, e to your pro3eet h~s been ~SSl_ied on
~ nationwide basis for discharges into waters of the United Sf.ates.
This nationwide t~rmit authorizes discharges
~ateri~l into non-t.~dal rivers, streams, ~nd their ~akeR and
~ml~tmdment. s, ineludb~R ad.jacent wetlands, that ~re ~ocated above
the headwaters and other non-tidal waters of the United States,
includin~ Rd,.iaeent wetlands~ that ~e not ~rt of
tributary system to interstate waters or navigable wntor~ off the
Uni. ted States (~.e., iso~at.~ waters) provided the activity does
not cause the loss or subst~nt.~Rl adverse
more acres of waters o~ the Un,ted S~tes. For d~selmr~es which
w~lL enuse the ~oss or substantial adverse modification to one
more acres of waters of the gnit~ States, ~Titten De~rtment of
the Army author~t~on will be r~luired p~or to ~nit~ation
work.
RECEIVED
JAN 2 0 1989
Jer~
-2-
The only requirement in the use of this permit is that the
person responsible for the pro3ect m~lst ensure that the work is Jn
compliance with the above stated specifications and the conditions,
and best management practices listed on the enc.losure. ~i]ure to
satisfy these conditions invalidates the authorization and may
result in a violation of the Clean Water Act.
Verification for the construction of an activity t~nder this
nationwide permit is valid for a period of no more than two years
from the date of this letter, or a lesser time upon expiration of
the nationwide permit on a regional or national basis. Continued
confirmation that an activity complies with the terms and
conditions and any chan~es to the nationwide permit Js the
responsibility of the permittee.
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 the purpose intended.
It does not authorize any damage to private property, invasion of
prix~te rights, or any infringement of federal, state, or local
laws or regulations.
Thar~ you for your interest in our nation's water resources.
If you have any additional questions concerning our regulatory
pro,ram, you may contact Mr. Victor Cole at the address above,
telephone (817) 334-4623.
Sincerely,
District Engineer
Enclosure
Copies furnished:
~r. Rollin 5~cRae
Texas Parks and Wildlife Dept.
4200 Smith School Road
Austin, Texas 78744
Mr. David Curtis
U.S. Fish and Wildlife Service
Ecological Services
9A33 Fritz Lanham Building
819 Taylor St.
Fort Worth, Texas 76102
Mr. Jerry Saunders
U.S. Environmental Protection Agency
~=gion VI
1445 Ross Avenue
Dallas, Texas 75202
NATZON#IDE PEBMZT CONDITIONS FOR CERTAIN ACTIVITIES H~QUIRI~
DKPART~ OF THB ABMY AL~RIZATZON
The following special conditions must be followed in order flor the nation~ide
peril(s) to be valid:
(1) That any discherle of dredled or fill material will not occur in the proximity
of a public w~ter supply intake.
(2) That any discharfe of dredged or frill material will not occur in areas of
concentrated shellfish production unless the discharge is directly related to a
shellfish hezweating activity.
(3) That the activity will not jeopardize a threatened or endangered species es
ideutified under the Sndmngered Species A~t (EflA),or destroy or adverBely modify the
critical habitat.of such eighties. In th~ ca~e of Federal ~encien, it is tM
e~eacies' responsibility to comply with the requirements of the ISA. If the activity
may adversely 8~fect any listed species or critical habitat, the District Ingineer
must initiate Section 7 consultation in accordance with the SSA. In such crees, the
District Kngineer may: (i) initiate Section 7 consultation end then, upon
completion, authorize the activity under the nationwide per,it by adding, if
appropriate, activity specific conditions, or (ii) prior to or concurrent with
Section 7 consultation he may ,ccc -_nd discretionary authority or use modification,
suspension, or revocation procedures.
(4) That the activity shall not significantly disrupt the movement of those species
of eqtuitic life indigenous to the Muterbody (unless the primary pttrpose of the fill
i~ to i~ound Muter).
(5) .-That any discharge of dredged or fill 'Baterinl shell consist of suitable
material free frc~ toxic pollutants (see Section 307 of the.Clean Water Act) in toxic
ms~iunts.
(6) That any structure or fill authorized.shall be properly maintained.
(7) That the activity will not occur in s component of the National Wild and Scenic
River Syutea; nor in a river officially deai~nated by Confi%-sm es a "study river" for
possible inclusion in the symtea, while the river is in an official study status.
(8) That the activity shall not cause an unacceptable interference with navigation.
(9) That, if the activity BUy 8dversely affect historic properties which the
NatioDal ~urk Service hog listed on, or determined eligible for listing on, the
National Re~ister of Historic Pl~ces~ the permittes will notify the District
Kngineer. if the District Engineer determines that such historic properties amy be
adversely affected, he will provide the Advisory Council on Historic Preservation an
opportunity to c~ : t on the effects on such historic properties or he will consider
modification, suspeuaion, or'revocation. Furthermore, that, iff the pernittes before
or during prosecution off the ~rk authorized, encounters a historic property that has
not been lis~ed or determined eligible for listing on the National Re, tater, but
which may be eligible for listing in the National Register, he shall inmediately
notify the District Kngineer.
(lO) That the construction or operation of the activity will not impair reserved
tribal rights, including, b~t not limited to, reserved Muter rights and treaty
fishing and hunting rights.
(11) Tht in certain states, an individual state Muter quality certification must be
obta~i, ned or w~ved.
(12) That Em c~rt~i~ stat~, ~ i~ivi~l ~tate ~t~ z~e ~~t
~dd~ by the 9ivi~ioe ~n~En~r.
ext~t
.c~ -~, or ~ 9ivimiou En{~r to t~e, d~c~ti~ ~t~rity to m~ate the
(1) Bis~h.~{~ or ~~ or fill mterial into ~te. of t~ Uuit~ Stat~ s~ll be
avoid~ or ~z~ ~o~ ~ ~e of other p~ctical alte~mtiv~.
(3) Bim~{~ ~1 eot ~t~ct or ~ t~ ~~t of a~tic
indi{~o~ to t~ ~te~ or t~ ~e of uo~l or ~m~t~ ~ ffl~ or ~e the
(4) If the ~s~{e ~t~ ~ ~~t of ~ter, ~ve.e i~t~ on t~ a~atic
s~t~ ~ by t~ a~le~t~ ~e~e of ~ter ~d/or the r~triction of its
(1) 9ietrict E~in~ ~e ~thoriz~ to detemfue iff ~ ~tivitF ~li~ with the
(2) Natio~i~ ~~ ~ uot ~viate ~ ~ to ~t~ o~er ~e~, state or
(3) Natio~ide ~mft~ do not ~t ~F p~F rf~t~ or ~cl~ive privile{~.
(4) Natio~i~ ~mi~ do not authorize ~ inj~ to the p~rty or ri~ts of
(5) Nmtio~ide ~it~ ~ not au~orize inte~~ with ~F ~i~t~ or