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DR9604-CS 951106FROM 817 8857559 (MON) ll. 06'95 16:5~"~T. 16:45/N0, 3561627604 P I/7 LJ,$,/~IMY COFIP8 OF Fort Wol'l~ IN~triot Plannillg Divt,~iofl 81g Taylor $~'eet Fort Worth, TX Date: Nov~nber 6, 1995 P~g~.'~' ~ (including cov~r) TO: City of Coppell Name: Mr. Keo C~if~ Ol'flee: City Eng~eer Td~bone: (214) 3O4-3679 FAX Number: (214) 304-3673 FROM: Name: C~ne T. Pice, Ir. U.S. Army Corps of E~gJneeats, ATTN: CESWF-PL-M P.O. Box 17300, Ft. Worth, TX 76102,0300 Tdephon~: (817) 334-21g'/ FAX Numbs: (817) 885-7539 Attached are two descriptions of the authorities that we have for environmental restoration. Please look thereto over and then call me if you need more explanation or to discuss a possible scope of work/meeting. Thank You Authorization Sill~mture ~ FROM ,,,,, (MON) II. 0~'95 16'5~T. 16'45/NO. 3561627604 P 2/7 ENVIRONMENTAL RESTORATION PROJECTS Section ~ 136 of the Water Resources Development Act of ~986 (As reflecting EC ~ ~05-2-206, ~995) e e e The Section 1135 program is a Continuing Authority of the Chief of Engineers authorized by the Water Resource Development Act of 1988 and amended in 1988 and 1990. Under Section 1135, the Corps is authorfzed to modify the structures or operations of projects that were constructed prior to 1986 for the purpose of improving the quality of the environment in the public interest. The Program is authorized nationally at $25,000,000 per year for the purpose of restoring degraded habitats to conditions prior to modem impact. The program focuses on, but is not limited to lands directly Impacted by Corps projects. The objective of an 1135 project should be restoring degraded ecosystem structure, function, and dynamic processes to a less degraded, more natural condition, which will involve consideration of the ecosystem's natural integrity, productivity, stability and biological diversity. Cost Sharing by a non-Federal entity in the amount of 25 percent is required for total cost of restoration projects with costs of the feasibility study being reimbursable after project implementation. If no operation and maintenance is required, the sponsor may be a non- governmental entity. To initiate a Section 1135 study, a letter to the District from the project sponsor is required which indicates an understanding of the Section 1135 program and a desire to participate in a particular project. Individual projects may be implemented up to a limit of $5,000,000 and study costs should be limited to 10% of the total implementation cost. Projects should result in structural and/or operational modifications to existing Corps of Engineers projects. Studies are conducted in two phases equivalent to reconnaissance and feasibility; · · The "reconnaissance" phase is very short and results in an "Preliminary Relocation Plan" (PRP) which is a fact sheet identifying the problem, project sponsor, proposed project, and estimates of study and implementation costs. ee If Preliminary Relocation Plan projects a Federal cost of less than $200,000, the PRP will serve as the basis for plans and specifications and a PMR will not be required. ee The "feasibility" phase takes normally 12 months and results in a "Project Modification Report" (PMR) containing a description and justification of the recommended restoration plan along with a draft Project Cost Shadng Agreement (PCA). At completion of the Project Modification Report, a letter is required from the project sponsor which states support for the project and a willingness to enter into the PCA. The PCA contains provisions that the project sponsor will reimburse 25% of the study costs, assume 25% of the implementation costs, and assume all operation and maintenance of the environmental restoration project (if any). 8·often 1135 - Page I 3 November 1995 F~OM e (MON) 11, 06' 95 16'5,1~T, 16:45/N0, 3561627604 P 3/7 Upon approval of the Project Modification Repor~ by higher Corps authority, preparation of Plans & Specifications (P&S) is initiated. Execution of the PCA and real estate instruments (if any) by the District and project sponsor must occur during P&S. Implemenf, ation of the project should not exceed 18 months. Land Acquisition should not exceed 25 percent of the project. Erosion control for water' quality or control of sedimentation is acceptable. If an on-going feasibility study exists consider investigation of environmental features under that study rather than propose separate modifications under Section 1135. Work-in-kind is authorized for non-Federal Sponsor's share of post feasibility phase design, including plans and specifications, material acquisition, and pl'oject construction. Necessary land acquisition (LERRD's) may count toward non-Federal sponsors cost share, but not to exceed 25 percent. Seelion 1135 - P~e 2 '~ N~ml~r '1 gg5 FROM (MON) 11.06' 95 16:~ST. 16:45/N0. 3561627604 P 4/Y ENVIRONMENTAL RESTORATION POLICY AND GUIDANCE (Contained in BC] 105-2-2t0, dated 1 lune 1995) E~osystem Restoration Pro_exam Philosopllk~L~p_l:di~. W'tthin the Civil Works program, priority will lac 8hren to projects for ~on of de~m-aded {~Cos_vstem tim_ ctions and values, inc, I_udi~_ its hydrolo_~y_ plaot and animal communities, pot'lions ltmreo£ to a leal dg~_m'sded ecological conditioRIT~ 1 I-2-_163). Budgetary priority will be givcr~ to cases where Corps projects contribu~--d to the degradation of the ecosystem or where modification of exis~ Corps projects is the most cost-~-ffective means ofrestorinlg the resotwcez. Ecosystem restoratioo activities examine the condition of existing ecosystems, or portions thereof, and determine the feasibility of restoring degraded ecosystem structure, function, and dynamic processes to a Jess degraded, natural condition. Ecosystem restoration provides a more comprehensive approach for addressing the problems associated with disturbed and degraded ecological resources than does focusing only on fish and wild[fie habitat. Corps activities in ecosystem restoration will concentrate oa engineering solutions to water and related land resources problems. The Corps principal focus M ecosystem restoration will be on those ecological resources and processes that are directly associated with, or directly dependent upon, the hydrologic regime of thc ecosystem and watershed(s). Not all ecosystem restoration oppommities arc appropriate for Corps involvement. There will be instances where components of eco~-tem restoration problems or oppommifie$ are better addressed by other agencies through their missions and programs. 'l'bose restoration opportunities that involve modification of hydrology or substrate are likely to bc most appropriate for Corps initiatives. Such activities are most likely to address ecosystems associated with wetlands, riparian and aquatic systems. Budget limitations require the Corps to focus its restoration efforts on those initiatives most closely tied to Corps missions and areas of expertise. Generally, it will not be appropriate for the Corps to conduct ecosystem restoration activities on upland, terrestrial sites that are not closely linked to water and related land rcsources, as defined in the P&O. Water quality ia roc~gnized as an important component o£ecosystem s~e. This is one area, however, where distinetioas can be made betwee~ the role of the Corps v~rsus that of other agencies in ecosystem restoration. The Corps role in rehabilitating water quality as a structaral component of ccosystems will be more one of. hydrologic manipulation to control various water cp,slity parameters, than pollution abatement, which is under the purview of other agencies. Corps restoration initiatives may involve changes in flows to improve aeration, temperature and turbidity and o~ec parameters. Ii' the ecosystem restoration opportunity includes othex aspects o£ water quality that come under thc missions of other agencies (e.g, pollutant regulation or removal) it ii appropriate to pur~ue an intc~agency ecosystem management approach with these relwam agencies to provide them an opportunity to usc their respective authoritics to implement a more complete and sustainable approach to the restoration. The Corps will not propose, for Corps implementation, any $octim: ~0~- P~I'.~ ! a Novmab~ 1995 FROM (MON) ll, 06'95 16:5~T, 16:45/N0. 3561627604 P 5/7 ecosystem restoration a~tivities that would prindpally rcs.dr in ~ting or otherwise abatin~ pollution problems clms~ by others wher~ there is, or is likely to be, a legal respo~ibi~ty for remedt~on by those parties. Federal Involyement ~ Authorities, The Federal involvement in environmental quality, which would include ecosystem restor~at, is supported in law, Executive Order, and ~r, aty. A number of these general staternenis (Fish and Wildlife Coordination Act of 1958; Federal Water Project Recreltion Act of 1965; the National Environmenttd Policy A~ of 1969 (lq~PA); WRDA I956; and WRDA 1990) declar~ it zt,u-ional polic~' that full consideration be given to the opportunkies which projects s. fford to ecologival resources. In addition, ~llthOrifies for new individual stuclJ, es and projects to restore ecological resources (e.g., Kissimmee River, Florids4 Yolo Basin Wetlands, California), as well ~ts regional. resto~on programs (e.g., Upper Mississippi River System Environmental Management Program) hive been provided in le~slatJon. Section 306, WRDA 1990 authorizes the Secretary of the Army to include environmental prote~on ss one of the primary missions ortho Corps. In some instance, it is appropriate to include protev-fion measires ss part of Corps ecosystem re~toration initiatives. Such mea.sur~ are most appropriate if they require Corps engineering expertise in accomplishing the protection measure. Protection measures can also be under~aken as part of natural resource management and envirorane~ntal dredging studio. Section 307(a), WRDA 1990 cstabiish~ 'no net [ess of wetlands" and an "ir~crease in the quality and quantity of the Nation's wetlands" as goals of the water resources development program. Sections 306 and 307, WRDA 1990 support the Corps pursuit of oppor'amities to protect and restore existing ecological resources and their value~ in conjunction with planning for new projects and in thc operation of existing projects. Planrgn_g studie~ (reconniissanc¢ and feasibility studie~) for ecosystem restoration will be .m. rthorized in the same manner that flood damage reduction and navigation projects are authorized, i.e., by inclividual ~udy authorities, by Conl~re.~sional reselutioos, or by favorable ro~oz~nais,~ance studies initiated under Section 216, River and Harbor and Flood Control Act of 1970. Ecosystem- based resto~en can also be pursued under the Continuing Authorities Program, the Section 1135, · I/RDA 1956 Program, and the authority of Section 204, Vg~R.DA 1992 for beneficial use of dredsed ma~visl. Federal Ob_|ectivis. The Federsl ob~ec'five in water resources planning is to contribute to National Economic Development ('NED) in order to alleviate problems and/or realize oppor'rimjties related to water and related land rec~urces, consisteot with protecting the Nation's environment (P&G). The P&G allow for thc formulation of alternative plans which reduce net NED benefits in order to address other Federal, State, lo~al and in~onal concerns not fully addrcssed by the NED plan. The P&O state that the NED plan is to be selected unless the Secretary of the Army grants an exception to selecting FROM (MON) ll, 06'95 16: 52/ST, 16: 45/N0. 3561627604 tile NED plan when'~ere ~ overfidi~ reasons for selecting anoth~ plan. Such overriding reasons /ndude F~d~al~ State, tribal, local and international concerns, as well as the prey/sion of ~gnificant environmental outputs such a~ ecosystem restoration. The Co~s Civil Works budget guidance es~dSm priority to the restoration o£ecos~stems and associated ecolosical resources. Therefore, con-~istent with the analytical framework established by the P&G, plans to address ecosystem restoration should be formulated, and measures for,restoring ecological resources may be recommended, based on their monetary and non-monetary benefits. These measures do not need to exh/bit net NED benefits and should be viewed on the basis of non- monetary outputs compatible with the P&G selection criteria, and be offered for consideration and budget support. Planners must continue to rema/n aware of opportunities to also eonm'bute to NED when formulating plans for ecosystem restoration. Quantifiable economic benefits of'these restoration projects ~tem flora changes in economic values assodated w/th ecosystem improvement. Restorat/on projects which accomplish water quality improvement, habkat restoration, recreation, flood damage reduction, etc., are most likely to possess both NED and environmental quality (EQ) benefits. All eCOsystem restoration projects will be cost shared in accordance with applicable law and Army polio7. Curtain Corps policy on cost-shadng for ecosystem restoralion is 50 pa'cent Federal/50 percent non-Federal for the feamibility study, 75 percent Federal/J5 pem~ non-Federal for impl~nentafion {preconrauct-ion engineering and design, con~tmction), and 100 pemem nmi- Federal for operation, ma/n~ance, repair, rehabilitation, and replacement (OMRR&R). The planting team should establish early dialogue with potential non-Federal partners to a~r,e,~n their willingness to eo~t share in the planning, Lmplementation, and operations/maintenance of the restoration project. It is particularly important that potential cost-sharing partners understand the Corps ecosystem restoration program philosophy. The Corps now focuses on ecosystems and plant end animal communities rath~ than on re, xa'eation-ol'jented (hunting and fishing) out-puts. and Post-Planning Considerations, a. Ada?ave Mana_eement. Because of the relative new~¢ss of restoration science and uncertainty in ecosystem restoration plarm~, theor/es, and tools, success can vary due to a var/ety o/' technical and site specific factors. Recogrgzing this uncertainty, it is prudent to a/Iow for contingencies to address restoration problems during, or after, project construction. To accomplish this, a t~chnique called "adaptive management" should be considered for inclusion in restoration projects recognized during planning to have the potemial for uncertainty in achieving restoration objectives. ? 6/7 FROM (MON) 11.06' 95 16: 5~T. 16: 45/N0. 3561627604 P 7/7 At the heart of adaptive mallagement, and the cornerstone for its success, is, ~. carefully designed monitoring program that begins during construction and continues for a specified period st~er the project bas been completed. Und~ ad~ptive manasement, restoration measures are implemented and monitored, feedb~k is provided based on new i~silr, hts b, ained on the response of the ecosystem and its r~ources, and adjustments made to the projeot aa necessary and feasible. b. ~. Moriitotin~ programs should be de,signed to evaluate whether restoration measures are working az desilpted. Morgtoring will be especialJy helpful when new, unproven restoration techniques are being applied, and when significant levels of uncertainty prevail at the t~me ofimpll~on. The ~on obtained from monitorin& can be used to ascertain whether: 1) projects have bcc~ designed and constructed in. accordance with technical specifications; 2) the project is functi~ as per its objectives; 3) adjustmcnts for unforeseen circumstance~ are needed; and, 4) changes to structures or their operation, or managcment techniques are required. When it is detemined that adaptive management and extensive post-construction monitoring is warranted, ~t will be cost-shared with the local sponsor in accordance with the cost-shagng breakdown for environmental projects (75 percent Federal, 25 percent non-Federal). c. Operations__and Maintenance RequiremeatL The O~ of ecosystem restoration features of separable restoraiion measures, not azsociat~ ~ a Federal program (e.g., National Fish and Wildlife Ref~e, etc.) shall be the responsibility of the non-Federal local sponsor. Assignment of such re.sponsib'dity shall be part of the items of local cooperation for thc project, to be tq~H:illed by either a local sponsor or ag~ which will provide the necessary ~sur~nces to the Corps. It is very impotent that the planning team coordinate closely with the operations and nalural resources rnanag~n~ ¢Iementa ~n the district to assure that any O&M commitments, whether carried out by the Corps or a local sponsor, are reasonable, attainable, and will serve the intended purpose.