ST9905-CS030813$iizan Taylor FW Bethel Road hannel Improvements Photos '-"~ Page 1
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From: <ccbond@transystems.com> ~`~"`"' ~"" t
To: <staylor@ci.coppell.tx.us>
Date: 8/13/03 8:SSAM
Subject: FW: Bethel Road Channel Improvements Photos
Suzan,
FYI - We will be getting an estimate/proposal for delineating the actual jurisdictional boundaries along the
channel. I'm also going to meet the biologist next Monday at the channel at 8:30am. Would you or Ken be
interested in attending? Please read on for additional info provided by the biologist. Please call with any
questions/comments. Thanks.
Craig
-----Original Message-----
From: DL-Charles Bond
Sent: Wednesday, August 13, 2003 8:58 AM
To: 'rreinecke@iesolutionsinc.com'
Subject: RE: Bethel Road Channel Improvements Photos
Rudi,
Please go ahead and prepare an estimate/proposal to delineate the actual jurisdictional boundaries, and
would like to meet you on site next Monday at 8:30am. Thanks.
Craig
-----Original Message-----
From: Rudi Reinecke [mailto:rreinecke@iesolutionsinc.com]
Sent: Tuesday, August 12, 2003 9:45 PM
To: DL-Charles Bond
Subject: RE: Bethel Road Channel Improvements Photos
Craig,
It doesn't appear that I have that good of news -there is enough
evidence that this was a natural feature in the landscape (i.e., not a
man-made storm drain), thus would be considered jurisdictional under the
USACE regulation of the Clean Water Act. Although the USGS topo map
shows the blue line channel beginning at the north side of Bethel Road,
the contours show a swale that could be viewed as a channel along the
current alignment of the creek.
The USACE has a permitting program for FILLS within the jurisdictional
waters. If the fills are minor and are defined under specific USACE
categories, they may be authorized under the Nationwide Permit (NWP)
Program. If the project does not fit under one of these specific
categories or has impacts larger than the allowable threshold of the NWP
Program, the activity must apply for an Individual Permit.
The problem I see is that this project is a "channelization" of a
stream, which is not under any of the approved activities of the NWP
program (i.e., there is no NWP that allows only this activity,
specifically). The problem with the Individual Permit process is that
it is long and it becomes public (not only are you dealing with the
USACE, but it is open to all adjacent land owners, USFWS, EPA, TCEO,
r-. .~~,m . _. -.. ._ . .~._ . -_ _, ~ .~.~ ~.-~_ r.w
i Suzan Taylor - FW: B'efhel Road Channel Improvements Photos Page 2
TPWD, and SHPO). Generally, there has to be a good defined need for
channelization projects, or they are not approved.
There may be a way around this, though. It looks as though you have
been designing along the channel already. The USACE only has
jurisdiction on fill, so if the activity avoids filling in any of the
existing channel (regulated portion), you can avoid the whole process.
I do not know if this is a possibility, but we should evaluate it
critically before spending a lot of time and money with a permitting and
mitigating process.
In summary, this is your determination (no fee), based on my past
professional experience the USACE will call this drainage channel a
jurisdictional water of the United States. The next step would be for
me to provide you an estimate/proposal to delineate the actual
jurisdictional boundaries in the field (to see if you can avoid filling
this area). Then, if you cannot avoid filling these areas work on other
strategies to minimize impacts and permitting.
I think I have given a lot of information for you to digest (and
probably in too generic terms). Would you like to meet to discuss
further? I am out doing a delineation on DFW Airport this whole week,
but would be able to meet early Monday (8:30am) or Tuesday next week
Rudi Reinecke
Wetland Biologist
Integrated Environmental Solutions, Inc.
3100 Independence Pkwy; STE 311 - #320
Plano, TX 75075
214/455-6022 (mobile)
972/562-7672 (office)
972/562-7673 (facsimile)
RReinecke@ I ESolutions I nc.com
-----Original Message-----
From: ccbond@transystems.com [mailto:ccbond@transystems.com]
Sent: Tuesday, August 12, 2003 5:41 PM
To: rreinecke@iesolutionsinc.com
Subject: Bethel Road Channel Improvements Photos
Rudy,
Attached are the photos of the channel we propose to improve as part of
the Bethel Road project. The photos include a station and direction. I
faxed you a USGS map and a site plan (with various stations) that you
can use with the photos. Look forward to hearing what you think about
the need for a COE permit. Please call myself or Garry Kraus with any
questions/comments. Thanks.
Craig Bond
TranSystems
972-280-9300
S~ 'uzan'Taylor - FW Bethel Road Channel Improvements Photos Page 3'
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