Blackberry Farm-CS241115 (2)DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, FORT WORTH DISTRICT
P. O. BOX 17300
FORT WORTH, TEXAS 76102-0300
November 15, 2024
Regulatory Division
SUBJECT: Project Number SWF-2013-00090, Blackberry Farm Residential Development
Terry Holmes
Blackberry Farm, LLC
c/o The Holmes Builders
225 E. SH 121
Coppell, Texas 75019
terry@holmesbuilders.com
Dear Mr. Holmes:
This letter is concerning the after-the-fact submittal received October 15, 2024, for the
Blackberry Farm residential development located north of East Sandy Lake Road and
approximately 1,400-ft west of MacArthur Blvd in the city of Coppell, Dallas County, Texas
(32.971305, -96.952771). This project continues to be assigned Project Number SWF-2013-
00090. Please include this number in all future correspondence concerning this project.
Under Section 404 of the Clean Water Act the U.S. Army Corps of Engineers (USACE)
regulates the discharge of dredged and fill material into waters of the United States, including
wetlands. USACE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to
regulate any work in, or affecting, navigable waters of the United States. Based on the
description of the proposed work, and other information available to us, we have determined this
project did involve activities subject to the requirements of Section 404 .
We have reviewed this project under the pre-construction notification procedures of
Nationwide Permit General Condition 32 (Federal Register, Vol. 86, No. 245, Monday,
December 27, 2021). We have determined the discharge of dredged or fill materials into waters
of the United States associated with this project is authorized by Nationwide Permit 32 for
Completed Enforcement Actions with the inclusion of the executed Settlement Agreement
(attached). To use this permit, the permittee must ensure the work is in compliance with the
specifications and conditions for the permit listed above, found at
https://www.swf.usace.army.mil/Missions/Regulatory/Permitting/Nationwide-General-Permits/,
the special conditions listed below, and the Settlement Agreement. Additionally, all activities
must comply with the water quality certification conditions of the Texas Commission on
Environmental Quality (TCEQ) located at
https://www.swf.usace.army.mil/Portals/47/docs/regulatory/Permitting/General%20Permitting/TX
_401_cert.pdf?ver=rIe8wttu6MRCA2s6Q4QQMg%3d%3d.
The special conditions are as follows:
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1. The permittee shall abide by the conservation easement agreement executed on June 29,
2021, or its approved revision(s), between Blackberry Farm Homeowners Association, Inc., and
Mitigation Futures Conservancy. This conservation easement is intended to preserve, as a
mitigation area, the approximately 12.083-acres along Denton Creek within the Blackberry Farm
residential development. The mitigation area shall not be disturbed, except by those activities
that would not adversely affect the intended extent, condition, and function of the mitigation
area. Unless otherwise specified, livestock grazing, mowing, and similar activities are not
allowed. The real estate instrument shall not be removed from the deed or modified without
written approval of the USACE and conveyance of any interest in the property must be subject
to the real estate instrument. Any future breach of the agreement will result in the termination of
the conservation easement and the permittee shall mitigate for impacts to approximately 1689-
LF at a USACE approved mitigation bank.
2. The permittee shall debit 1.4 credits from the Trinity River Mitigation Bank in compliance with
the provisions of the "Mitigation Banking Instrument Agreement, Trinity River Mitigation Bank,
Ltd., Tarrant County, Texas, Permit Application No.: 199800370," dated February 2001, revised
August 2002. This debit shall compensate off-site for unavoidable adverse project impacts that
would not be compensated for by on-site mitigation.
USACE is in receipt of documentation acknowledging the 1.4 mitigation bank credits were
debited on January 27, 2015.
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 the construction of this activity under this nationwide permit is valid until
March 14, 2026, unless prior to that date the nationwide permit is suspended, revoked, or
modified such that the activity would no longer comply with the terms and conditions of the
nationwide permit on a regional or national basis. The USACE will issue a public notice
announcing the changes when they occur. Furthermore, activities that have commenced, or are
under contract to commence, in reliance on a nationwide permit will remain authorized provided
the activity is completed within 12 months of the date of the nationwide permit’s expiration,
modification, or revocation, unless discretionary authority has been exercised on a case-by-
case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e)
and 33 CFR 330.5(c) or (d). 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 threatened and endangered species.
Based on the information provided, we have determined this project did not affect any species
listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area.
However, please note you are responsible for meeting the requirements of General Condition
18 on endangered species.
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 any purpose
intended. It does not authorize any damages to private property, invasion of private rights, or
any infringement of federal, state, or local laws or regulations.
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Thank you for your interest in our nation's water resources and cooperation in resolving the
matter. If you have any questions concerning our regulatory program, please refer to our
website at http://www.swf.usace.army.mil/Missions/Regulatory or contact Mr. Neil Lebsock at
the address above, by telephone (817) 886-1743, or by email Neil.M.Lebsock@usace.army.mil,
and refer to your assigned project number.
Sincerely,
Brandon W. Mobley
Chief, Regulatory Division
Enclosure
Copy Furnished:
Mr. Cole Baker
Cole.Baker@coppelltx.gov
Mr. Jon Dostert
jdostert@holmesbuilders.com
Mr. David Stelly
dstelly@stellyenvironmental.com
for