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Thompson, Johnny-CS 860620 DEPARTMENT Of THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. O. BOX 17300 FORT WORTH. TEXAS 76102~0300 June 20, 1986 Operations Division Office Operations Branch SUBJECT: Case Number 86-00423 Mr. Ronald W. Morrison Caffey and Morrison, Inc. 2212 Arlington Downs Rd. Suite 105 Arlington, Texas 76011 Dear Mr. Morrison: Thank you for your letter of June 13, 1986, concerning a proposed 25 acre development south of Sandy Lake Road adjacent to Denton Creek located in Coppell, Dallas County, Texas. Your project has been assigned Case Number 86-00423; all future correspondence concerning your project should include this number. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regnlates the discharge of dredged and fill material into waters of the United States including adjacent wetlands. Based on your description of the proposed project, we have determined that the project will involve such discharges and, therefore, will require prior Department of the Army authorization. A general permit, described on the enclosed sheet, has been issued on a nationwide basis for the discharge of dredged or fill material into certain waters located upstream of the headwaters. We have determined that your proposed project will not cause the loss or substantial adverse modification of one or more acres of waters of the United States. Therefore, it will be authorized by this nationwide permit. The only requirement is that the person responsible for the project must ensure that the work is in compliance with the conditions and best management practices listed on the enclosure. Failure to satisfy these conditions invalidates the authorization and may result in a violation of the Clean Water Act. This permit should not be considered as an approval of the design features of any structure 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. Thank you for your interest in our nation's water resources. If you have any additional questions concerning our regulatory program, you may contact Mr. Victor Cole at the address above, telephone (817) 334-4623. wayn~e~~'~Sincerely'' Acting Chief, Office Operations Branch Enclosure [~%~z~3;i~[~~, (LRMIT FOR CERTAIN ACTIVITIES . ~ REQUIRING DEPAILTMENT OF THE ARM~AUTHOILIZATION The U.S. Army Corps of Engineers regulates the discharge of dredged and fill material into the waters of the United States under authority of Section 404 of the Clean Water Act (33 USC 1344). Such waters of the United States include tidal areas, interstate waters including wetlands, and intrastate rivers, natural lakes, streams, impoundments, and wetlands. The Corps of Engineers also regulates any work or struc- ture in or affecting a mav~gable water of the United States (see list on reverse side) under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). General permits have been issued on a nationwide basis for certain discharges or other work within our regulatory Jurisdiction. These nationw/de perm/ts appiy only to Department of the Army regulatory programs; other Federal, state, or local authori- zations may be required. If your project is constructed in compliance with the nationwide perm/t listed below, including conditions 1-9, it is authorized without further adm/nistrative action. If the project will not meet these conditions you must make application for a regional general peruttt or individual perm/t to the D/strict Engineer; ATTN: Chief, Operations Division; SWFOD-O; P.O. Box 17300; Fort Worth~ Texas 76102. If you have any questions~ contact the Perm/ts Section at 817-334-26SI. ~ischarges of material above the h--dwaters and into isolated water are authorized except those which cause the loss or substantial adverse modification of one or more acres of waters of the United States. 1. Any discharge of dredged or fill material will not be located in the proxim/ty of a public water intake. 2. Such discharges will not occur In areas of concentrated shellfish production unless the discharge is part of an authorized shellfish harvesting activity. 3. The activity w/ll not Jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. 4. The activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water). 5. Any discharge of dredged or fill material will consist of suitable material fxee from toxic pollutants in toxic amounts. 6. Any structure or fill authorized will be properly maintained. 7. The activity will not occur in a component of the National Wild and Scenic River System. 8. The activity will no't cause an unacceptable interference with navigation. 9. The best management practices listed on the reverse side should be followed to the maximum extent practicable. ,i',-,rifle l~:~:1~;. !i~; ' ~.~g~: .~t practices listed below should be followed to the maximum,eXtent practicable, h~ the discharge of dredged or fill material allowed under the permit. These practices will minimize the adverse effects of the dis~'harges on the aquatic environment. Failure to comply with these practices m,a,y result in action to suspend authorization under the nationwide permit and ~,,aire an ~individimi .~e~mit.~' '~"'~ ' '": :' : :- (l) Discharges of dredged or fill material into the waters of the Umted States should be avoided or minimized through the uae of other practical alternatives. '' ':"(2)":i~is~ges in spawning areas during the.,s.p:a,~g,; s,.,~e~,~n sgall be avoided. .-~ (3) Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill il to impound waters)~ (4) If the discharge creates an impoundment water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be ~j.!nlmized. (b') Discharges in wetlands areas shall be avoided. (6) Heavy equipment working in wetlands shall be placed on mats. (7) Discharges into breeding and nesting areas for migratory waterfowl shall be avoided. (8) All temporary fills shall be removed in their entirety. Navigable Waters of the United States within the Fort Worth District of the US Army Corps of Engineers For purpnses of Section 10 of the River and Harbor Act of 1899, the following dyers including their lakes and other impoundments are considered to be navigable waters of the United States under jurisdiction of the Fort Worth District of the US Army Corps of Engineers. For h~formatiun on projects outside our area of responsibility you may contaCt the appropriate Corps District. - From US Highway 190 in Newton County upstream to confluence of Big Sandy Creek in Upshur County. 1. Sabine River 2. Neehes River 3. Angellna Rivet 4. Trinity River S. Brazos River 6. Rio Grande 7. Colorado River * 8. Bil Cypress Bayou * 9. Sulphur River * Navigability determinations are not permit requirements for any project Section. From Town Bluff Dam in Tyler County upstream to US Highway 69 in Tyler County. From confluence of Neches River in Jasper County upstream to US Highway 59 in Nacogdoches County. From Riverside, Texas in Walker County upstream to Riverside Drive in Fort Worth, TexaS. From confluence of Navasota River in Grimes County upstream to Whitney Dam in Hill County. From Falcon Dam in Zapata County upstream to the confluence of the Pecos River in Val Verde County. - From US Highway 183 Bridge upstream to Longhorn Dam. - From the Texas-Louisiana State line upstream to Ellilon Creek Reservoir. . Downstream of Wright Patman Dam. yet complete. For further information concerning possible you should contact the Fort Worth District's permits CAFFEY AND MORRISON, INC. ENGINEERS -- HYDROLOGISTS June 13, 1986 Mr. L.M. Hawkins, Jr. Chief, Office Operations Branch Department of the Army Fort Worth District Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102 Attn: Mr. Victor Cole Re: Request for a Section 404 Determination under the Clean Water Act (33 USC 1344) for a 25 Acre Tract South of Sandy Lake Road in Coppell, Texas Dear Mr. Hawkins: This letter is in regard to a proposed project south of Sandy Lake Road near the Elm Fork of the Trinity River in the City of Coppell, Texas (see attached copy of the FEMA flood map). This project does not involve any channel work. However, we are concerned about potential wetlands. We just got a determination from your office regarding a property across the street to the north, so we are fairly confident that this property would not involve wetlands. It is best to be safe, so we respectfully request that the project be reviewed with regard to Section 404 of the Clean Water Act. We will be available to provide any additional information if needed. Sincerely yours, Caffey and Morrison, Inc. Ronald W. Morrison, P.E. Vice President 2212 ARLINGTON DOWNS RD.. SUITE 105 ARLINGTON. TEXAS 76011 (817) 649-8110 METRO 640-8101 // lNATIONAL fLO00 IXSURANCE PROGRAM FLOOD BOUND,ARY AND FLOODWAY CITY OF COPPELL, '~EXAS DALLAS AND bENTON COUNTIES ONLY PANEL Pi~ ITED COMMUNI y-PANEL NUMBER 80170 0005 MAP REVISED: FEBF iARY15.1984 // Surve.v ',.h~;'.ract No. liS/ in Dalla~ Cnuntv, Texa~. To ~]~e l~st of ~ knc~lcxMe the roll. Lng eas~mt dt~s not apply to ~is pro~y. wc,l~'~e 334, PaqC 1610 /,/ 1 he.i.,.h, ,. , .... tn,e t,,rrectand;l~c,lrnter"pre"entationofthepr°pertymmdeterminedbv""rve~"*~"'l ,~e~.l;,,' ..... ,I '.*'-,ctmn. th.t mev h, nf record, the line. and demeneione of amid property h.lnl~~le~~-- ~e lit. [)role ......................