ST9905DR-CS050504~l ~~05
DEPARTMENT OF THE ARMY
~~ FORT WORTH DISTRICT, CORPS OF ENGINEERS
p. O. 80X 17300
FORT WORTH, TEXAS 761 02-0300
REPLY TO
ATTENTION OF May 4, 2005
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT; Project Number 200400181
Ms. Loretta E. Mokry
Alan Plummer Associates, Inc.
841 West Mitchell Street
Arlington, Texas 76013-2506
Dear Ms. Mokry:
Thank you for your letter of April 8, 2004, concerning a proposal by the city of Copped to
modify approximately 3501inear feet of an unnamed ephemeral stream channel located
immediately downstream of Bethel Road in the city of Coppell, Dallas County, Texas. This
project has been assigned Project Number 200404181. 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 Cvrps of
Engineers (USAGE) 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.
We have reviewed this project under the preconstnxction notification (PCN) procedures of
Nationwide Permit General Condition 13 (F er 1 R~ e~r,.Vol. 67, No. 10, Tuesday, January
15, 2002; Vol. 67, No. 30, Wednesday, February 13, 2002; and Vol. 67, No. 37, Monday,
February 25, 2002). We have determined that this project is authorized by nationwide permit 39
for Residential, Commercial, and Institutional Developments. To use this permit, the person
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responsible for the project must ensure that the work is in compliance with the specifications and
conditions listed on the enclosures and the special conditions listed below. The special
conditions for this permit are as follows:
1. The permittee shall implement and abide by the mitigation plan titled "Mitigation Plan for
the Proposed Modification of Tributary G-1 North of West Bethel Road in Coppell, Dallas
County, Texas" by Alan Plummer Associates, Inc., dated February 14, 2005. The permittee shall
implement the mitigation plan concurrently with the construction of the project and complete the
initial construction and plantings associated with the mitigation work prior to completion of
construction of the project. Completion of all elements of this mitigation plan is a requirement of
this permit.
2. The permittee shall dedicate in perpetuity by deed restriction, as a stream mitigation area, the
approximately 0.48 acre mitigation area identified in the mitigation referenced in special
condition 1 above. The only exceptions to the deed restriction shall be easements in existence on
May 4, 2005. The mitigation area shall not be disturbed, except by those activities that would
not adversely affect the intended extent, condition, and function of the mitigation area. Unless
otherwise specified, livestock grazing, mowing, and similar activities are not allowed. The
permittee shall survey the mitigation area, develop an appropriate deed restriction for the
surveyed area, submit the draft deed restriction to the USACE for review and approval, and
record the USACE approved deed restriction with the County Clerk. The permittee shall provide
a copy of the recorded deed restriction to the USACE by November 1, 2005. The restriction
shall not be removed from the deed or modified without written approval of the USACE and
conveyance of any interest in the property must be subject to the deed restriction.
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
until March 18, 2007, unless the nationwide permit is suspended or revoked, or modified prior to
that date, 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 March 18, 2007, or the date that this nationwide permit is
suspended, modified ar revoked, whichever is earlier, you will have until March I8, 2009 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 threatened and 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
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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.
The USACE based this decision on a preliminary jurisdictional determination {JD) that there
are waters of the United States on the project site. This preliminary JD is valid for a period of no
more than five years from the date of this letter unless new information warrants revision of the
delineation before the expiration date. It is incumbent upon the applicant to remain informed of
changes in the Department of the Army regulations.
Thank you far your interest in our nation's water resources. If you have any questions
concerning our regulatory program, please contact Ms. Jessica Napier at the address above or
telephone (817) 886-1745. If you would like more information about our nationwide permit
program, please contact us and we will furnish you with a copy of the nationwide permit
regulations.
Sincerely,
C./i
Wayne A. Lea
Chief, Regulatory Branch
Enclosures