Stratford Manor-CS 981014O DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT. CORPS OF ENGINEERS
. P.O. BOX 17300
FORT WORTH. TEXAS 76102-0300
R E ::' _" ~O
^~-_.,~T.o~. oF October 14. 1998
Environmental Division
Regulatory Branch
SUBJECT: Project Number 199700423
Mr. William A. Anderson, P.E.
Dowdey, Anderson and Associates, Inc.
5225 Village Creek Drive, Suite 200
Plano, Texas 75093
Dear Mr. Anderson:
Thank you for your letter of July 17, 1997, and follow-up correspondence, concerning a
proposal to construct the Stratford Manor residential development on a 15-acre tract of land
located between DeForest Road and Denton Creek in Coppell, Dallas County, Texas. This
project has been assigned Project Number 199700423. 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 this project 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 U. S. Army
Corps of Engineers (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. Based on your description of
the proposed work, and other information available to us, we have determined that this project
will not involve activities subject to the requirements of Section 10. However, this project
will involve activities subject to the requirements of Section 404. Therefore, it will require
Department of the Army authorization.
We have reviewed this project under the notification procedures of Nationwide Permit
General Condition 13 (Federal Register, Vol. 61, No. 241, Friday, December 13, 1996).
After full consideration of resource agency comments, we have determined that this project is
authorized by nationwide permit 26 for Headwaters and Isolated Waters Discharges. To use
this permit, the person responsible for the project must ensure that the work is in compliance
with the specifications and
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conditions listed on the enclosures and the special condition listed below. The special
condition for this permit is as follows:
1. The permittee shall develop, implement, and abide by a detailed mitigation plan to
compensate for unavoidable adverse project impacts to waters of the United States. The
permittee shall provide this mitigation plan to the Regulatory Branch, Fort Worth District,
USACE for_review, and receive USACE approval prior to commencing any ground disturbing
activities within the permit area. The permittee shall not proceed with implementation of the
plan until it is approved by the USACE. The permittee shall implement the mitigation plan
approved by the USACE concurrently with the construction of the project and complete the
initial construction and plantings associated with the mitigation work prior to the completion of
construction of the project. Completion of all elements of the final mitigation plan is a
requirement of this permit. The mitigation plan shall, at a minimum, include the following
features:
a. a detailed design, including cross section and plan view drawings, of the
created and enhanced wetland mitigation areas;
b. minimum plant survival criteria;
c. a maintenance plan for the mitigation area, with an emphasis on minimal to no
disturbance of created and enhanced wetland areas;
d. a performance standard for all mitigation areas;
e. a perpetual deed restriction for the mitigation area; and
f. a monitoring and reporting plan.
Failure to comply with these specifications and conditions invalidates the authorization and
may result in a violation of the Clean Water Act.
Our verification for this activity under nationwide permit 26 is valid until nationwide
permit 26 expires on December 13, 1998. If you commence, or are under contract to
commence, this activity before December 13, 1998, you will have twelve months from that
date to complete the activity under the present terms and conditions of nationwide permit 26.
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 endangered species. Based on the ,
information provided, we have determined that this project will not affect any species listed as
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threatened or endangered by the U.S. Fish and Wildlife Service within our permit area.
However, please note that you are responsible ft,r meeting the requirements of general
condition 11 on endangered species.
The permittee must sign and submit to us ~he enclosed certification that the work,
including any required mitigation, was complett~d in compliance with the nationwide permit.
You should_submit your 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 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 questions
concerning our regulatory program, please contact Ms. Mary Flores at the address above or
telephone (817)978-7547. If you would like more information about our nationwide permit
program, please contact us and we will furnish you with a copy of the nationwide permit
regulations.
Sincerely,
Lhief, Regulatory Branch
Enclosures
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Copy Furnished:
Mr. Robert Delsanter
Brentwood Builders, Inc.
P. O. Box 702468
Dallas, Texas 75270-5492
Mr. Mark Fisher
401 Coordh~ator
Standards and Assessment Section (MC-150)
Texas Natural Resource Conservation Commission
P.O. Box 13087
Austin, Texas 78711-3087
Mr. Rollin MacRae
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744
Mr. James E. Bruseth, Ph.D.
Deputy State Historic Preservation Officer
Division of Antiquities Protection
Texas Historical Commission
P. O. Box 12276
Austin, Texas 78711
Mr. Robert M. Short
U.S. Fish and Wildlife Service
Ecological Services
Stadium Centre Building
711 Stadium Drive East, Suite 252
Arlington, Texas 76011
Ms. Rebecca Weber
Chief, Marine and Wetlands Section (6WQ-EM)
U.S. Environmental Protection Agency, Region 6
1445 Ross Avenue
Dallas, Texas 75202