ST9301A-CS 970129 Public Notice
US Army Corps Applicant: Dallas County
of Engineers -
Fort Worth District Permit Application No.: 199400405
Date: January_ 29, 1997
The purpose of this public notice is to inform you of a proposal for
work in which you might be interested. It is also to solicit your
comments and information to better enable us to make a reasonable
decision on factors affecting the public interest. We hope you will
participate in this process.
Regulatory Program Since its early history, the U.S. Army Corps of Engineers has played
an important role in the development of the nation's water resources.
Originally, this involved construction of harbor fortifications and
coastal defenses. Later duties included the improvement of
waterways to provide avenues of commerce. An important part of
our mission today is the protection of the nation's waterways through
the administration of the U.S. Army Corps of Engineers Regulatory
Program.
Section 10 The U.S. Army Corps of Engineers is directed by Congress under
Section 10 of the Rivers and Harbors of 1899 (33 USC 403) to
regulate ali work or structures in or affecting the course, condition
or capacity of navigable waters of the United States. The intent of
this law is to protect the navigable capacity of waters important to
interstate commerce.
Section 404 The U.S. Army Corps of Engineers is directed by Congress under
Section 404 of the Clean Water Act (33 USC 1344) to regulate the
discharge of dredged and fill material into all waters of the United
States, including wetlands. The intent of the law is to protect the
nation's waters from the indiscriminate discharge of material capable
of causing pollution and to restore and maintain their chemical,
physical and biological integrity.
Contact Name: Jim Herrington
Phone Number: (817) 978-2188
/
JOINT PUBLIC NOTICE
U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT
AND
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
SUBJECT: Application for a Department of the Army Permit under Section 404 of the Clean
Water Act (CWA) and for water quality certification under Section 401 of the CWA to discharge
dredged and fill material into waters of the United States associated with widening and raising of
Sandy Lake Road and the Elm Fork Trinity River bridge crossing in the cities of Coppell,
Carrollton, and Dallas, in Dallas County, Texas.
APPLICANT: Dallas County
Mr. Allen Bud Beene, P.E.
Director of Public Works
411 Elm Street
Dallas, Texas 75202
APPLICATION NUMBER: 199400405
DATE ISSUED: January 29, 1997
LOCATION: Sandy Lake Road at the Elm Fork Trinity River bridge and adjacent wetlands in
the cities of Coppell, Carrollton and Dallas, in Dallas County, Texas. The project is located on
the Carrollton 7.5 minute USGS quadrangle map. The UTM location is Zone 14, East 692137
and north 3649146.
OTHER AGENCY AUTHORIZATIONS: State Water Quality Certification
PROJECT DESCRIPTION: As part of a project to raise and widen approximately three miles of
Sandy Lake Road from two to four lanes between MacArthur Boulevard in the city of Coppell
and Broadway Street in the city of Carrollton, Dallas County proposes to raise and widen the
roadway and construct an elevated span bridge crossing of the Elm Fork Trinity River, all to an
elevation above the 100-year floodplain. In addition, an overflow swale and a new park entrance
road would be constructed in Mclnnish Park (Sheets 1 through 11 of 11).
Dallas County proposes to construct these improvements to improve traffic conveyance on Sandy
Lake Road and provide access to Mclnnish Park. The overflow swale would be constructed to
provide flood conveyance for the Elm Fork Trinity River.
The applicant proposes to conduct the work in three phases. Phases I and m, which would be
initiated after Phase 11 construction has commenced, may be authorized by nationwide permits. ;
In Phase I, Dallas County proposes to impact approximately 0.15 acres of waters of the United
States as a result of widening the existing culverts where Sandy Lake Road crosses a tributary to
Denton Creek. In Phase llI, Dallas County proposes to impact approximately 0.17 acres of
isolated waters of the United States to fill two open water, abandoned borrow sites. Phase 11
would consist of construction of a span bridge crossing of the Elm Fork Trinity River on Sandy
Lake Road, and an overflow swale and new park entrance road in McInnish Park. The proposed
span bridge would be a 1,050 feet long concrete structure replacing the existing 290 feet long
concrete bridge. The existing alignment of the roadway and the bridge would be used for this
project. The existing bridge bents in the Elm Fork Trinity River would be cut off approximately
three feet below the normal water elevation with the exception of one bent that would be used to
construct the deck of the span bridge.
Dallas County proposes to construct a 13.5 surface acre overflow swale in McInnish Park to meet
the hydrologic and hydraulic criteria of the record of decision for the U.S. Army Corps of
Engineers' Regional Environmental Impact Statement on the Trinity River and Tributaries. Two
gabion spillways would be constructed to allow floodwaters to enter and exit the swale during
high flows. A new park entrance road would be constructed to the east of the existing park
entrance road and the old road would be demolished and the area incorporated into the proposed
swale.
The proposed project would not result in a discharge of dredged or fill material into the Elm Fork
Trinity River however, construction of the overflow swale and park entrance road would impact
approximately 4.2 acres of waters of the United States that are adjacent to the Elm Fork Trinity
River. An approximately 4.1 acre abandoned borrow pit would be partially excavated into the
proposed swale, approximately 6,200 cubic yards of fill material would be placed in the pit to
construct the proposed park entrance road and the remainder of the pit would be connected to an
existing pond that lies east of the proposed park entrance road. As a result of construction of the
swale, approximately 0.1 acre of an intermittent tributary to the Elm Fork Trinity River would be
excavated where it crosses the proposed swale.
The applicant proposes to create an approximately three acre irregularly shaped wetland shelf
along the western edge of the swale to partially compensate for unavoidable adverse impacts to
waters of the United States. To insure establishment of a diversity of wetland plants, a minimum
of six inches of topsoil would be excavated from the borrow pit and used for final grading within
the mitigation area. The existing pond that lies east of the proposed park road would be
expanded to connect with the proposed swale by excavating and removing a natural land bridge o.
between the pond and the proposed park entrance road. A water control structure would be
culverted through the proposed park road to maintain a normal water surface elevation of the
existing pond and the overflow swale at approximately 430 N.G.V.D. In addition, approximately
250 primarily bottomland hardwood trees would be planted in the buffer zones surrounding the
swale.
PUBLIC INTEREST REVIEW FACTORS: This application will be reviewed in accordance
with 33 CFR 320-330, the Regulatory Program of the U. S. Army Corps of Engineers (USACE),
and other pertinent laws, regulations, and executive orders. Our evaluation will also follow the
guidelines published by the U. S. Environmental Protection Agency pursuant to Section 404
(b)(1) of the CWA. The decision whether to issue a permit will be based on an evaluation of the
probable impact, including cumulative impact, of the proposed activity on the public interest.
That decision will reflect the national concerns for both protection and utilization of important
resources. The benefits which reasonably may be expected to accrue from the proposal must be
balanced against its reasonably foreseeable detriments. All factors which may be relevant to the
proposal will be considered, including its cumulative effects. Among the factors addressed are
conservation, economics, aesthetics, general environmental concerns, wetlands, historic
properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people.
The USACE is soliciting comments from the public; federal, state, and local agencies and
officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts
of this proposed activity. Any comments received will be considered by the USACE in
determining whether to issue, issue with modifications, or conditions, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the other public interest
factors listed above. Comments are used in the preparation of an Environmental Assessment
and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
Comments are also used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
STATE WATER QUALITY CERTIFICATION: Texas Natural Resource Conservation
Commission (TNRCC) certification is required. Concurrent with the processing of this
Department of the Army application, the TNRCC is reviewing this application under Section 401
of the Clean Water Act, and Title 31, Texas Administrative Code Section 279.1-. 13 to determine
if the work would comply with State water quality standards. By virtue of an agreement between
the USACE and the TNRCC, this public notice is also issued for the purpose of advising all
, known interested persons that there is pending before the TNRCC a decision on water quality
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certification under such authorities. Any comments concerning the application for water
quality certification must be submitted to the Executive Director, Attention: 401
Coordinator, Research and Environmental Assessment Section, Water Planning and
Assessment Division, Texas Natural Resource Conservation Commission, 1700 North
Congress. P.O. Box 13087, Capitol Station, Austin, Texas 78711. The public comment
period extends 30 days from the date of publication of this notice. A copy of the public notice
with a description of work is made available for review in the TNRCC's Austin Office. The
complete application may be reviewed in the USACE's office. The TNRCC may conduct a
public hearing to consider all comments concerning water quality if requested in writing. A
request for a public hearing must contain the following information: the name, mailing address,
application number, or other recognizable reference to the application; a brief description of the
interest of the requestor, or of persons represented by the requestor; and a brief description of
how the application, if granted, would adversely affect such interest.
THREATENED AND ENDANGERED SPECIES: The U.S. Fish and Wildlife Service's latest
published version of threatened and endangered species has been consulted to identify those that
may occur in the project area. The proposed project would be located within Dallas County,
where the black-capped vireo (Vireo atricapillus) and interior least tern (Sterna antillarum), both
endangered species, are to known to occur. An initial review indicates that the proposed work
would have no effect on endangered species.
NATIONAL REGISTER OF HISTORIC PLACES: Two prehistoric archeological sites were
recorded in the vicinity of the proposed work in 1978. Both sites were located in gravel pits
adjacent to the permit area. Subsequent survey of the area in 1996 failed to relocate these sites,
or any additional prehistoric or historic sites which may be impacted by the construction. The
State Historic Preservation Officer has reviewed and agreed with these findings. Based on this
survey, no sites eligible, or potentially eligible for listing, in the National Register of Historic
Places are known within the permit area. However, the potential for buried archeological
materials is present within the floodplain of the Elm Fork of the Trinity River. Buried sites may
be inadvertently impacted by construction.
SOLICITATION OF COMMENTS: The public notice is being distributed to all known
interested persons in order to assist in developing fact upon which a decision by the USACE may
be based. For accuracy and completeness of the record, all data in support of or in opposition to
the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear
understanding of the reasons for support or opposition.
PUBLIC HEARING: Prior to the close of the comment period any person may make a written
request for a public hearing setting forth the particular reasons for the request. The District
Engineer will determine whether the issues raised are substantial and should be considered in his
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permit decision. If a public hearing is warranted, all known interested persons will be notified of
the time, date, and location.
· CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach
this office on or before February 23, 1997, which is the close of the comment period. Extensions
of the comment period may be granted for valid reasons provided a written request is received by
the limiting date. If no comments are received by that date, it will be considered that there are no
objections. Comments and requests for additional information should be submitted to Mr. Jim
Herrington; Regulatory Branch, CESWF-OD-R; U. S. Army Corps of Engineers; Post Office
Box 17300; Fort Worth, Texas 76102-0300. You may visit the Regulatory Branch in Room
4A 17 of the Federal Building at 819 Taylor Street in Fort Worth between 8:00 A.M. and 3:30
P.M., Monday through Friday. Telephone inquiries should be directed to (817) 978-2681.
DISTRICT ENGINEER
FORT WORTH DISTRICT
CORPS OF ENGINEERS