ST0102-CS020108Since 1972
GEO-MARINE, INC.
ENGINEERING AND ENVIRONMENTAL SERVICES
08 January 2002
Ms. Suzan Taylor, CIP Coordinator
The City of Coppell
255 Parkway
P.O. Box 478
Coppell, Texas 75019
RE: Ruby Road Site Wetland Delineation Report
Dear Ms. Taylor:
Introduction
As we discussed on-site on 11 December 2001, Geo-Marine, Inc. (GMI) performed a delineation of
waters of the U.S. for a small portion of the property located at the northeast comer of Ruby Road and
State Road in the City of Coppell. The portion of this property which was surveyed for waters of the U.S.
was limited to the manmade stock pond located on the north side of Ruby Road approximately 0.15 miles
east of State Road (Attachment A).
Definitions
Agencies that regulate impacts to the nation's water resources within Texas, at the federal and state level,
include the U.S. Army Corps of Engineers (USACE), the U.S. Environmental Protection Agency (USEPA),
the U.S. Fish and Wildlife Service (USFWS), and the Texas Natural Resource Conservation Commission
(TNRCC). Jurisdictional waters of the U.S. are protected under guidelines outlined in Sections 401 and 404
of the Clean Water Act (CWA), in Executive Order 11990 (Protection of Wetlands), and by the revie~v
process of the TNRCC. The USACE has the primary regulatory authority for enforcing Section 404
requirements for waters of the U.S., including wetlands.
In 33 Code of Federal Regulations (CFR) 328.3, the USACE defines waters of the U.S. as:
· All waters which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the
tide;
· All interstate waters including interstate wetlands;
· All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use,
degradation or destruction of which could affect interstate or foreign commerce including any such
waters:
· Which are or could be used by interstate or foreign travelers for recreational or other purposes;
or
· From which fish or shellfish are or could be taken and sold in interstate or foreign commerce;
or
· Which are used or could be used for industrial purpose by industries in interstate commerce;
· All impoundments of waters otherwise defined as waters of the U.S. under the definition;
· Tributaries of waters of the U.S. identified above;
550 East 15th Street · Piano, Texas 75074 · Tel: (972) 423-5480 · Fax:(972) 422-2736
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E-Mail: gmi@geo-marine corn · website: wwwgeo-marine.com
Ms. Suzan Taylor City of Coppell
08 January 2002
The territorial seas; and
Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (a) (1) through (6) of this section. The term adjacent means bordering, contiguous, or
neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers,
natural river berms, beach dunes and the like are "adjacent wetlands."
Jurisdictional wetlands are a category of waters of the U.S. and are defined by the USACE as areas that
are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Stock
ponds constructed in upland areas, which are not impoundments of a water of the U.S. (streams), are
generally not considered jurisdictional under Section 404 regulations.
Results
There was no channel (i.e., bed and bank) entering or exiting the stock pond (Attachment B and C). The
pond receives surface water runoff from the west and excess storm water flow from a newly constructed
storm water retention pond south of Ruby Road. However, the pond did not contain any surface water at
the time of the delineation. The topography of the pond appears to be of sufficient slope to preclude the
existence of jurisdictional wetlands prior to the construction of the pond.
For the manmade stock pond to be jurisdictional, it would be necessary for the pond to have originally
been constructed on a water of the U.S., such as a jurisdictional channel or wetland. The pond appeared
to be constructed above the headwaters of an ephemeral channel in an upland area and, therefore, it is
GMI's opinion that the pond is not jurisdictional.
Conclusion
GMI believes that the stock pond on the project site adjacent to Ruby Road was constructed above the
headwaters of an ephemeral drainage in an upland area. Therefore, the pond would not be jurisdictional
and would not be subject to regulation by the USACE under Section 404 of the CWA. However, only the
USACE has the authority to make a jurisdictional determination. Although not required, GMI suggests
that the City of Coppell present the results of this letter report to the USACE, Fort Worth District,
Regulatory Branch, for a jurisdictional determination or letter of concurrence.
GMI appreciates the opportunity to work with you and the City of Coppell on this project and hope we
may be of assistance to you in the future. If you have any comments, questions, or concerns, please do
not hesitate to contact David Pitts or myself at 972/423-5480 (dpitts@geo-marine.com or rreinecke@geo-
marine.com).
Sincerely,
Geo-Marine, Inc.
Rudi Reinecke
Project Manager/Wetland Ecologist
Attachments
GMI ref: 20025.00.02