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FS9904-CS020516DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P.O. BOX 17300 FORT WORTH, TEXAS 76102 -0300 REPLY TO ATTENTION OF May 16, 2002 Reccr v h1AY 2 0 2n n 2 Planning, Environmental, and Regulatory Division Regulatory Branch SUBJECT: Project Number 200000494 Ms. Terri Symonds Environmental Biologist Kimley -Horn and Associates, Inc. 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251 Dear Ms. Symonds: K11l4LEy H � D ALLAS Thank you for your letter of May 30, 2000, concerning a proposal by Payne Family Interests to develop a site for commercial and industrial use adjacent to. Denton Creek and State Highway 121 in the City of Coppeli, Denton County, Texas. It is our understanding that this project will not invlove the discharge of dredged and fill material into waters of the United States. This project has been assigned Project Number 200000494. 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. The USACE 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, other information available to us, and current regulations and policy, we have determined that this project will not involve any of the above activities. Therefore, it will not require Department of the Army authorization under the above laws. However, it is incumbent upon you to remain informed of any changes in USACE Regulatory Program regulations and policy as they relate to your project. Thank you for your interest in our nation's water resources. If you have any questions concerning our regulatory program, please contact Mr. Kale Horton at the address above or telephone (817)886 -1863.