SS9602-CS041115 November 15, 2004
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 199500467
Mr. Donald S. Rowe
Right-of-Way Agent
Trinity River Authority of Texas
P.O. Box 60
Arlington, Texas 76010
Dear Mr. Rowe:
Thank you for your letter of April 6, 2004, requesting reverification of the Trinity River
Authority's authorization under section 404 of the Clean Water Act to construct approximately
6,380 linear feet of 48-inch diameter sewer pipeline north of Beltline Road between MacArthur
Boulevard North and Luna Road in the cities of Coppell and Carrollton in Dallas County, Texas.
Specifically, you stated that there are no significant changes in project construction or scope and
requested a renewal of the Corps of Engineers' (USACE) verification due to the expiration of the
previous verification. Please continue to include the project number in all correspondence
concerning this project. Failure to reference the project number may result in a delay.
We have reviewed your request for reverification of your authorization 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. Our 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, and other information available to us, we have
determined that this project will not involve activities subject to the requirements of Section 10.
However, this project will involve activities subject to the requirements of Section 404.
Therefore, it will require Department of the Army authorization.
It appears that the project is authorized by nationwide permit 12 for Utility Line Activities.
This verification of authorization supersedes our verification letter dated January 9, 1998. To use
this permit, the person responsible for the project must ensure that the work is in compliance
with the specifications and conditions listed on the enclosures. 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 for
two years from the date of this letter, 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, if you commence, or are
under contract to commence, this activity before the date that this verification expires, or the date
that this nationwide permit is suspended, modified, or revoked, whichever is earlier, you will
have until March 18, 2008, to complete the activity under the present terms and conditions of the
nationwide permit. 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 endangered species. Based on the
information provided, we have determined that this project will not affect any species listed as
threatened or endangered by the U.S. Fish and Wildlife Service within our permit area.
However, please note that you are responsible for meeting the requirements of general condition
11 on endangered species.
The permittee must sign and submit to us the enclosed certification that the work, including
any required mitigation, was completed in compliance with the nationwide permit. You should
submit your certification within 30 days of the completion of work.
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 the purpose
intended. It does not authorize any damage to private property, invasion of private rights, or any
infringement of federal, state, or local laws or regulations.
Please note that the proposed Elm Fork Relief Interceptor, Segment EF-G is located within
the Trinity River floodplain corridor in Dallas County. The USACE and other local, state, and
federal agencies have worked closely with the North Central Texas Council of Governments in
the development of a Corridor Development Certificate (CDC) process in an attempt to prevent a
regional increase in either the 100-year or the Standard Project Flood for the Dallas-Fort Worth
Metroplex. The CDC process requires project proponents within the corridor to contact the local
government agency (city) for a pre-permit conference to initiate the CDC process. We
understand that the City of Carrollton in a letter dated September 8, 1998, verified an exemption
for this project.
Thank you for your interest in protecting our nation's water resources. If you have any
questions conceming this letter, please contact Mr. Jim Kelly at the address above or telephone
(817)886-1739.
Sincerely,
Wayne A. Lea
Chief, Regulatory Branch
Enclosures
Copy Furnished:
Mr. Mike Danella, CESWF-EC-DH
Mr. Bill Colbert, CESWF-PER-EE
CDC/Floodplain Administrator
Nancy Cline
City of Carrollton
P.O. Box 110535
Carrollton, Texas 75011-0535
t~DC/Floodplain Administrator
Ken Griffin
City of Coppell
P.O. Box 478
Coppell, Texas 75019
CDC/Floodplain Administrator
Doug Keesey
Dallas County
411 Elm
Dallas, Texas 75202
Mr. Jack E. Tidwell, Jr., AICP
Manager, Environmental Programs
North Central Texas Council of Governments
P.O. Box 5888
Arlington, Texas 76005-5888