Loading...
Townhouses-CS000925September 25, 2000 10:42 AM From: Steve Topletz Fax Number: 972. 414. 6613 Page 3 of 5 O. OEO-MARINE, INC. ENGIHEERING AND ENVIRONMENTAL SERVICES ,~ince 1972 25 September 2000 Steve Topletz. Andante Development 206 Fairway Meadows Garland. TX 75044 Re: Town Houses of Coppell, Proposed Utility Corridor Dear Mr. Topletz: G~o-Marine, Inc. (GMI) performed a survey for potential jurisdictional waters of the United States (U.S.) on a proposed water pipeline for the Town Houses of Coppell. The projert site was located along dae Texas Utilities (TXU) t~ansmission corridor soult~ of Sandy Lake Road in me City of Coppell. The water pipeline would hydrologically connect the norlhw~stern lake located on the RivercMse Couat~ Club to a proposed pond west of ~e TXU ~ansmissioa conidm. Agencies tlmt regulate impacts to the nation's water resources within Texas include the U.S. Army Corps of Engineers (USACE), the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Sexvice, and the Texas Natural Resource Conservation Commission (TNRCC). Jurisdictional waters of the U.S. are protected under guidelines outlined m Sections 401 and 404 of the Clean Water Act, in Executive Order 11990 (Protection of Wetlands), and by the review process of the TNRCC. The USACE has the primary regulatory authority for enforcing Section 404 requirements for waters of the U.S., including wetlands. The definition of waters of ~e U.S., in 33 Code of Federal Regulations (CFR) 328.3, mclodes waters such as intrastate lakes, rivers, streams (including intermittent stxearns), mudflats, wetlands, sloughs, wet meadows, or natural ponds and all impoundments of waters otherwise defined as waters of the U.S. Also included ar~ wetlands adjacent to waters (other than waters that are themselves wetlaxtds). The term adjacent means bordering, contiguous, or neighboring. Jurisdictional wetlands are a catego%, of waters of the U.S. and have been defined by the USACE as areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do .~upport, a prevalence of vegetation .typically adapted for life in saturated soil conditions. Methodolo~ Prior to conducting fieldwork, the Soil Survey of Dallas County, Texas, and an aerial photograph of the proposed project area were studied to identify possible waters of the U.S. and areas prone to wetland development. Thc project site was field checked, and the delineation of potential waters of the U.S. was perform~ on location in accordance with the USACE Wetlands Delineation Manual (the 1987 manual). Rudi Reinecke of GMI conducted fieldwork on 23 September 2000. The areas of all potenfal wetlands were measured and their locntiom were holed on a field map of the site (Attachment A). Data forms were filled out for all potential wetland waters of the U.S. Them data forms am included in Attachment B. Photographs were also taken at representative points within the project area (Attachment G). Results There was one potentially jurisdictional v~tter of the U.S. observed along the project site, consisting of one m'egularly shaped wetlnnd (we Attachment A). This wetland was dry during the field survey: how~'er, lhe 55o £a~t 15th $1rc~.t · Pint,o. Toxn$ 7~074 * Te{: (972) 423-5480 * Fax (97:~} 422-2Z3~ ~)alla$ - Fl. World. TX * El Pano. TX * Snn/~ton~o. TX * Faj~lo. Pu~to RICO * O&~ RKIg8. TN * Nm~ort News, V~ * Panama Gib/. FL E-Mail: gm~geo-marle, n.com · w~tmim: wwwo~o-marirm.com September 25, 2000 10:42 AM From: Steve Topletz Fax Number: 972. 414. 6613 Page 4 of 5 £~eld survey was conducted during an uncharacteristically dry summer. The wetland was readily identifiable based on the hydrophytic plant community present (see Attachments B and C) and low topography in thc area. This wetland area was adjacent to a drainage that connocted numerous other wetland habitats along the TXU transmission corridor. The proposed water pipeline would traverse approximately 113 linear feet of this potentially jurisdictional wetland. Nationwide F~m~ 12 Summary This Nationwide Permit (NWP) anthorizcs thc ~mUuction, m~tenancc, or repair of utility lin~s, linch, in all wat,~s of thc U.S., provided there is no cl~,angc in preconsu~tction oontours. ^ "utility line" dcf'mcd as any pipe or pipeline for thc transportation o£ any gaseous, l~quid, liquefiable, or s]urr~ substance, for any purpose, and any cable, line, or wire for thc ~ransmission for any purpose of elecmcal energy, tclcphon~ and telegraph messages, and radio and television communication. Mater~al from ~nch excavation may bc temporarily s~de cast (up to three months) into waters of~c U.S, provided the n~terial is not placed m ~uch a manaer that it is dispersed by currents or other forces. The District ~ngmcer ma~ extend thc period of temporary side casting not to cxcccd a total of I g0 days, appropriate. In wetlands, thc top ~ to 12 inches of thc trench should normall~ ~ backfillcd with topsoil from the ~rench. ~urthcnnore, the trench cannot be constructed in such a manner as to drain waters of thc ~.S. (c.g., backfilling with e×tcnsive gravel layers, crcatin§ a French drain effect). ]:or e~mple, utilit~ line ~enchcs can ~ backfillcd with cla~ blocks to ensure that thc trcach docs not dra~n thc waters of thc U.S. through which thc utilit~ linc is imtall~d. Any exposed slopes and stream banks must ~ stabili~d intmediatel¥ upon comple~on o£ thc utility linc crossing of each water body. Thc tcrrn "utility linc" does not include acti¥itic$ which dram a water of thc ~.$., such as drainage tile or French drains; howcvcr, i~ docs apply to p~ conve~g drairmgc from another area. For thc purposes of' flus ~?, ~ lo~s of waters of the ~.S. include~ the filled area p~u~ waters of thc U.S. that are aclv~rse]y affected by flooding, excavation, or di~a~nage as a result of the project. ~ctivitics author~d may not exceed a total of l!2oacrc loss of w~ters of the ~.$. Water~ of the ~.$. temporaril~ affected by filling, flooding, excavation, or drainage, wh~re the project area ~ rcstorcc~ to precons~ruction contours and elevations, arc not included in the calculation of permanent loss of watcr~ of th~ U.S. ~ includes temporar~ construction mats (c.g.~ timber, steel, geotex~le) used during cons~'~ction and removed upon c~letion o£ the wor~ Where certain ~unct~ons and values of waters of thc ~.S. are permanently adversely affected, such as thc conversion of a for~stccl wetland to a herbaceous wetland in permanently maintained utilit~ linc right-of°way, mitigation will bc required to reduce the adverse effects of thc pro~ect to the m~rnal level possible. Thc permittc¢ mu~t notify the DJs~ct £nginc~r in accordance with Gcncra~ Condi~on 13 (?re- ¢o~truction ~oti¢c), if any o~ thc following criteria are met: ~cchan~cd land clearing in a forc~tcd wetland £or the utilit~ linc rightoo£-way; · A Section 10 permit is required; · Thc utility linc in waters of thc U.S., excluding overhead lines, exceeds ~00 £ccr; · ~1~ ufilit~ ~ is placed w~th~n a ~urisdictional are~ (i.e., a water of the ~.S.), and it hms parallel to a streambed that is within that jurisdictional area; · Discharges associated with the consUuction of utility line substations that result in thc loss of greater than 1/10 acre of waters of the U.S.; - Permanent access roads constructed above grade in waters of the U.S. for a distance of more than 500 feet; or · Permanent access roads constructed in waters of the U.S. with impervious materials (Sections 10 and 404). September 25, 2000 10:42 AM From: Steve Topletz Fax Number: 972. 414. 6613 Page 5 of 5 · ,~_~. ,~'~ ~:~ ~-_,--*~,v~ ~-~ ~'-~.~ ~.¥~. ~9'2 ~2 ~.~{, ~.~'&~'~ Summary' Based on the Findings of this sur~,cy and the criteria established in NWP 12, thc proposed water pipeline for the Tovm Houses of Coppell project would be authorized under NWP 12. The proposed project is precluded from providing a Pre-Construction Notice to the Fort Worth Regulatory Branch of the USACE because: · There will not be any mechanized land clearing for this project; it is all herbaceous vegetation. · No Section i0 permit is required for this project. · The current design for thc water pipeline (see Attachment A) only impacts 113 linear feet of potentially jurisdictional wetlands. · The pipeline will not mn parallel to any jurisdictional water; it would be placed to traverse the wetland with minimal impacts. · There will not be any utility line substations; therefore, there will not be any permanent loss to these wetlands. · There will not be any permanent access roads (impervious or above grade). The previous section sunuuariziag the activities authorized under ~ 12 identifies specific construction techniques that must be adhered to under this NWP. This includes the duration of time for activities in the wetland, stockpiling the topsoil snd replacing it when complete, and the precoustmction elevations and contours must be restored. These conslruction activities must not permanently affect this or any other adjacent wetland communilies (i.e., r~ulting in draining them). We appreciate the opportunity to work on this project and are looking forward to wofldng with you and Andante Development in the future. Meanwhile, if you have any quest/ohs, or require additional information, please do not hesilate ~o call me at 972-423-5480. Respectfully, Geo-Marine, Inc. Rudi Reinecke Wctland Biologist/Project Manager AUachmcnts GMI Ref: 3324-B01 TOTAL P.O~