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Home My WebLink AboutContract 36976-CA1CITY sECRETARY� Jq l CONTRACT NO• ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between Waterview Estates, L.P., Pars Investment, Inc., General Partner ("Assignor") and CTMGT Waterview Estates FL-1, LLC., ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Waterview Estates, L.P., Pars Investment, Inc., General Partner and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 5752 Maui Drive; Lot 33; Block 4; Waterfront at Enchanted Bay; an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded and filed in Cabinet A; Slide No. 11723, Plat Records, Tarrant County, Texas ("Property") which is located in the Lake Arlington Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth November 6, 2007, City Secretary Contract Number 36976 ("Agreement"): B. Section 5 of the Agreement permits Assignor to assign all of its rights under the Agreement to Assignee, without obtaining the prior consent of the City Council: C. Waterview Estates, L.P. has formed CTMGT Waterview Estates FL-1, LLC under the direction of Waterview Estates, L.P. to manage the remaining properties in Waterview Estates not yet sold to a builder. D. Pursuant to that certain Special Warranty Deed dated as of September 27, 2013 recorded under Tarrant County Deed Records, Assignor conveyed the Property to CTMGT Waterview Estates FL4, LLC, and Assignee acquired title to the real property, which is the subject of the Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual terms and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Assignment. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all rights, duties, obligations, title and interest under the Agreement to Assignee. 2. Acceptance. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties and obligations arising under the Agreement. 3. Effective Date. The effective date of this Assignment is September 27, 2013 ("Effective Date"). All rights, duties and obligations under the Agreement arising, accruing or relating to the period before the Effective Date are allocated to Assi nor all rights, duties and obligations arising, accruing or relating tEFFICIAL d thereaft�� shall be allocated to Assignee. RECCRETARYAssignment of Tax Abatement Contract #36976 frRTH, TX RECEIVE 0 NOV 2 0 2013 Waterview Estates, LP to CTMGT, LLC 1 4. Release and Surrender of Assignor. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Agreement as of the Effective Date. Assignor must surrender the Property to the Assignee on or before 11:59 p. in. on the date prior to the Effective Date in its present condition. Assignor relinquishes any right to any improvements, fixtures or equipment on the Property. 5. Representations. Assignor represents, warrants and covenants with Assignee that as of the Effective Date, that Assignor is not in default under any of its obligations contained in the Agreement. 6. City of Fort Worth's Consent. City of Fort Worth hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City of Fort Worth has executed this Assignment, this Assignment is of no effect. The consent granted herein should not be construed as consent to any further assignment except as provided in the Agreement. The failure or delay of City of Fort Worth in seeking to enforce any provisions of the Agreement or this Assignment should not be deemed a waiver of rights or remedies that City of Fort Worth may have, or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 7. Notices. Any notice given by any party to another party hereto must be given in the manner required under the Agreement. The addresses set forth below supercede any addresses for notices set forth in the Agreement. CITY OF FORT WORTH: City of Fort Worth Housing and Economic Development Department (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNOR: ASSIGNEE: Waterview Estates, L.P. CTMGT Waterview Estates FL-1, L.L.C. Pars Investment, Inc., General Partner 3901 Airport Freeway, Suite 200 3901 Airport Freeway, Suite 200 Bedford, TX 76021 Bedford, TX 76021 8. Successors. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the parties, and their respective heirs, executors, administrators, successors and assigns. 9. Counterparts. This Assignment maybe executed in multiple counterparts, each of which, once executed, will be an original and fully -binding on the parties so executing; and all such counterparts together constitute one and the same agreement. Assignment of Tax Abatement Contract #36976 from Waterview Estates, LP to CTMGT, LLC 2 10. Binding Offer, This Assignment will be not be binding until executed and delivered by all three parties. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. CITY T WORTH QO Fernando Costa Assistant City Manager STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal corporation, that he was duly authorized to perform the same by appropriate Mayor and Council Communication of the City Council of the City of Fort Worth and that he executed the same as the act of the said City for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of /OWAAZ1 . 2013. 60 Notary Public in the State of Texas A' Kayser, City for APPROVED AS TO FORM AND LEGALIT Assistant City Attorney M & C: C-22514 Assignment of Tax Abatement Contract #36976 OFFICIAL RECORD CITY SECRETARY Waterview Estates, LP to CTMGT, LLC 3 ASSIGNOR: Waterview Estates, L.P., Pars Investment, Inc., General Partner Title: President Lvd STATE OF TEXAS § COUNTY OF TA /NT § BEFORE ME, the undersigned authority, on this day personally appeared Mehrdad Moayedi of Waterview Estates, L.P., a Texas Limited Partnership, Pars Investments, Inc., General Partner, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of Waterview Estates, L.P., a Texas Limited Partnership, Pars Investment, Inc., General Partner. SEAL OF OFFICE this day of DEBBIE RENEE LYTLE My Commission Expires August 1, 2016 the State of Texas ASSIGNEE: CTMGT Waterview Estates FL-1, L.L.C. Name: Mehrdad Moayedi Title: Managing Member STATE OF TEXA� § COUNTY OF TA NT § BEFORE ME, re undersigned authority, on this day personally appeared Mehrdad Moayedi, Managing Member of CTMGT Waterview Estates FL-1, L.L.C. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. 14 UNDER MY HAND AND is in and for the State of Texas SEAL OF OFFICE day of DEBBIE RENEE LYTLE My Commission Expires August 1, 2016 Assignment of Tax Abatement Contract #36976 from Waterview Estates, LP to CTMGT, LLC al v t w v "w V i v v v official site of the City of Fort Worth, rexis CITY COUNCIL AGENDA FaRTiVoRTrt COUNCIL ACTION: Approved As Amended on 11/6/2007 DATE: 11/6/2007 REFERENCE C-22514 LOG NAME: 05ENCHANTEDBAY NONE NON� PUBLIC CODE: C TYPE: CONSENT HEARING, NO SUBJECT: Authorize Execution of a Five Year Tax Abatement Agreement with Waterview Estates, L.P., a Texas Limited Partnership, and Woodhaven Homes, L.P., a Texas Limited Partnership, Located in the Lake Arlington Neighborhood Empowerment Zone RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a five year Tax Abatement Agreement with Waterview Estates, L.P., a Texas Limited Partnership, and Woodhaven Homes, L.P., a Texas Limited Partnership, located in the Lake Arlington Neighborhood Empowerment Zone; and 2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement with Waterview Estates, L.P., and Woodhaven Homes, L.P., are true and correct. DISCUSSION: W aterview Estates, L.P., and Woodhaven Homes, L.P., are the owners/developers of the 118 properties listed in Exhibit "A". This real property is located in the Lake Arlington NEZ and Neighborhood Empowerment Reinvestment Zone (NERZ No. 16). Waterview Estates, L.P. and Woodhaven Homes, L.P. have applied for a five-year municipal property tax abatement under the NEZ Tax Abatement Policy and Basic Incentives (M&C G-14947), as amended. The NEZ Program offers a five-year municipal property tax abatement on the increased value of improvements to the qualified owner of any new construction within a NEZ. The Housing Department has reviewed the application and certified that the property meets the eligibility criteria to receive NEZ municipal property tax abatement. Waterview Estates, L.P., and Woodhaven Homes, L.P., will invest a minimum of $15,200,000.00 to construct 118single-family homes in the Lake Arlington NEZ. In order for Woodhaven Homes, L.P., or any other developer or builder approved by the City Manager or his designee to qualify for the tax abatement, they must construct homes with a minimum of 1200 square feet of living space with at least three bedrooms, one and one-half baths and 70% mortared brick which will appraise for a minimum of $100,000,00, A more detailed description of the homes to be constructed and sample drawings are attached as Exhibit "B". The Agreement is attached as Exhibit "C". http://apps.citivnet.orgicouncil�acket/mc_review.asp'?ID=8145&councildate=ll/6/2007 OS/19/2009 �� L��il: Keview ;'ale ? ut 3 �Jpon execution of the tax abatement agreement, the total assessed value of each home used for �:alculating municipal property tax will be frozen for afive-year period, starting on the date the home is gold to a homebuyer to be used as a primary residence, at the pre -improvement value as defined by the Tarrant Appraisal District (TAD) on January 1, 2007, as follows: Pre -improvement TAD Value of Improvements $ 0.00 Pre -improvement Estimated Value of Land 2 025.00 Total Pre -improvement Estimated Value $ 2025.00 The municipal property tax on the improved value is estimated at �550.00 per house, per year, for a total of $2,750,00 over the five-year period for each house. However, this estimate may be different from the actual tax abatement value, which will be calculated based on the TAD appraised value of the ;property. The tax abatement agreement provides that the agreement may be assigned without subsequent City Council approval to Woodhaven Homes, L.P., or another builder approved by the City Manager or his designee or the developer's first mortgage, or to a homebuyer who will use the required improvements as his/her primary residence, or to the homeowner's mortgagee. All other assignments must be approved by City Council. The agreement also provides that the failure of the owner to send the City notification of the sale of the required improvements and the executed assignment of the agreement with the new owner within 30 days of the transfer of ownership of the required improvements shall result in the automatic termination of the Agreement. This property is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/AccountlCenters Submitted for City Manager's Office b� Originating Department Head• Additional Information Contact: .ATTACHMENTS Continued Exhibit B for M&C pdf Exhibit A for M&C.xls Exhibit B for M&C.doc FROM Fund/Account/Centers Dale Fisseler (6140) Jerome Walker (7537) Sarah Odle (7316) 'nttp://apps.chvnet.org/council�acicet/mc_review.asp?ID=8145&councildate=l l/6/2007 OS/19/2009 LNVLty . t<�rvlew .J UL .J Final TA Agreement for M&C.doc Location Map for M&C.pdf http://apps.cfwnet.org/council�acket/mc_review.asp'?ID=8145&councildate=ll/6/2007 OS/19/2009 tiVATERFRONT AT ENCHANTED BAY PHASE IA David Strickland Survey, Abstract No, 1376 City of Fort North, Tarrant County, "Texas Filed in Cabinet A. Slide No.11723_ Plat Recnrrts Tnrmnt (-n Ta,rac nn n?i?lrm NEZ Cert. *I..," , Block Lot ; `:: Street Address Subdivision ` Abatements: ". LA-C-0001-001 1 1 56411 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-002 1 2 56371 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-003 1 4 56291 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-004 1 6 56211 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-005 1 7 5617 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-006 1 9 5609 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-007 1 10 5605 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-008 1 11 5601 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-009 1 12 5549 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-010 1 13 5545 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-011 1 14 5541 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-012 1 15 5537 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-013 1 16 55331 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-014 1 1 17 5529 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-015 1 18 5525 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-016 1 21 5513 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-017 1 22 5509 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-018 1 26 5441 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-019 1 27 54371 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-020 1 28 54291 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-021 1 29 54251 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-022 1 30 54211 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-023 1 31 54171 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-024 1 33 54091 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-025 1 35 54011 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-026 1 37 53651 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-027 2 1 56401 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-028 2 2 5636 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-029 2 3 5628 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-030 2 4 5808 Grenada Court Waterfront At Enchanted Bay Tax Abatement LA-C-0001-031 2 5 5804 Grenada Court Waterfront At Enchanted Bay Tax Abatement LA-C-0001-032 2 6 58001 Grenada Court Waterfront At Enchanted Bay Tax Abatement LA-C-0001-033 2 7 58011 Grenada Court Waterfront At Enchanted Bay Tax Abatement LA-C-0001-034 2 8 58051 Grenada Court Waterfront At Enchanted Bay Tax Abatement LA-C-0001-035 2 9 58091 Grenada Court Waterfront At Enchanted Bay Tax Abatement LA-C-0001-036 2 10 58131 Grenada Court Waterfront At Enchanted Bay Tax Abatement LA-C-0001-037 2 11 5620 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-038 2 12 5616 Thunder Bay Dr, Waterfront At Enchanted Bay Tax Abatement LA-C-0001-039 2 13 5612 Thunder Bay Dr, Waterfront At Enchanted Bay Tax Abatement LA-C-0001-040 2 14 5608 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-041 2 15 5604 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement �LA-C-0001-042 2 16 5600 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-043 2 17 5572 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-044 2 18 5568 Thunder Bay Dr. Waterfront At Enchanted Bay ITax Abatement Page 1 of 3 tiVATERFRONT AT ENCHANTED BAY PHASE lA David Strickland Survey, Abstract No. 1376 City of Fort Worth, Tarrant County, Texas Filed in Cabinet A. Slide Nn.l 1771 Plat Racnrrlc Tarrant hn Tavnc nn n9191107 NEZ:Cert # Block Lot ,;; -Street Address':: Subdtiisiorr Abatements' LA-C-0001-045 2 19 55641 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-046 2 20 55601 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-047 2 21 55561 Thunder Bay Dr, Waterfront At Enchanted Bay Tax Abatement LA-C-0001-048 2 22 55521 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-049 2 23 5548 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-050 2 24 5544 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-051 2 25 5540 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-052 2 26 5536 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-053 2 27 5532 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-054 2 1 28 55281 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-055 2 1 29 55241 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-056 2 30 55161 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-057 3 1 56211 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-058 3 2 56171 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-059 3 3 56131 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-060 3 4 56091 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-061 3 5 56011 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-062 3 6 5561 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-063 3 7 5553 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-064 3 8 5549 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-065 3 9 5545 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-066 3 10 55411 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-067 3 11 55371 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-068 3 12 55331 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-069 3 13 55291 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-070 3 14 55251 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-071 3 15 55211 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-072 3 1 16 55171 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-073 3 17 55131 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-074 3 18 55091 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-075 3 19 55051 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-076 3 20& 55011 Thunder Bay Dr. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-077 3 1 21 54241 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-078 3 1 22 54281 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LXC-0001-079 3 1 23 54321 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-080 3 24 54361 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-081 3 25 54401 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-082 LA-C-0001-083 LA-C-0001-084 LA-C-0001-085 LA-C-0001-086 3 3 3 3 3 26 27 28 29 30 54441 54481 55001 55041 55081 Grenada Grenada Grenada Grenada Grenada Drive Drive Drive Drive Drive Waterfront Waterfront Waterfront Waterfront Waterfront At At At At At Enchanted Enchanted Enchanted Enchanted Enchanted Bay Bay Bay Bay Bay Tax Tax Tax Tax Tax Abatement Abatement Abatement Abatement Abatement LA-C-0001-087 LA-C-0001-088 LA-C-0001-089 LA-C-0001-090 3 3 3 3 31 32 33 34 55121 5516 5520 5524 Grenada Grenada Grenada Grenada Drive Drive Drive lWaterfront Drive Waterfront At Waterfront At At Waterfront At Enchanted Enchanted Enchanted Enchanted Bay Bay Bay Bay ITax ITax Tax Tax Abatement Abatement Abatement Abatement Page 2 of 3 1VATERFRONT AT ENCHANTED BAD' PHASE 1A David Strickland Survey, Abstract No, 1376 City of Fort Worth, Tarrant County, Texas Filed in Cabinet A, Slide No.l 1723. Plat Records. Tarrant Co.. Texas on 02/23/07 NEZ.Cert: #j°. Block;; Lot :.`. Street Addresstt,,,;' ". Subdivision : ,' �Abatemen s ,;, LA-C-0001-091 3 35 5528 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-092 3 36 5532 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-093 4 32 j5748 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-094 4 33 5752 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-095 5 9 57491 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-096 5 10 57531 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-097 5 11 58011 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-098 5 12 5805 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-099 5 13 5809 Maui Drive. Waterfront At Enchanted Bay Tax Abatement LA-C-0001-100 5 14 5813 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-101 5 15 5817 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-102 5 16 5821 Maui Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-103 5 17 54281 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-104 5 18 54241 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-105 5 19 5420 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-106 5 20 5416 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-107 5 21 5412 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-108 5 22 5408 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-109 5 23 54041 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-110 5 24 54001 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-111 6 12 53611 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-112 6 1 13 53651 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-113 6 1 14 53691 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-114 6 1 15 53731 Saba Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-115 6 1 16 53681 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-116 6 1 17 53641 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-117 6 1 18 53601 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001-118 6 19 53561 Grenada Drive Waterfront At Enchanted Bay Tax Abatement LA-C-0001 1 1 38. 5361.. Grenada Drive-: Waterfront At Enchanted Bay No Abatement LA-C-0004 1.`- 1 39 :5.3571 Grenada.Dnve-:= Waterfront.At Enchanted Bay No Abatement.- - LA-C-0001 1' 36. 5369 ' Grenada.Drive Waterfront. At Enchanted: Bay No Abatement LA-C-0001. 1' - 34 '5405 Grenada Drive. Waterfront At,Enchanted" Ba No�.Ab'atement LA:C=000:1` 1 1.32 5413 Grenada.Drive Waterfront At Enchanted... Ba. No Abatement LA-C-000'l 1' 1,23 5505, Grenada Drive-'.. Waterfront At Enchanted Bay: No Abatement . LA-C-0001 1 i 24 5501 Grenada Drive:. Waterfront At .Enchanted. Bay No Abatement LA-C-000.1 : - -1 25. 54.45 '.Grenada Drive Waterfront At Enchanted Bay ; No Abatement LA-C-0001- 1 19 5521 Grenada ;Drive.: Waterfront At Enchanted Bay No Abatement LA-C-0001 1 20 5517 Grenada Drive Waterfront At Enchanted. Bay No Abatement LA-C-0001 1 8 5613 Grenada Drive Waterfront At. Enchanted Bay.No Abatement LA-C-0001 1 5 5625 Grenada Drive lWafterfront At Enchanted Bay o Abatement` LA-C-0001- 1 3 5633 .Grenada Drive Waterfront. At Enchanted Bay tNo Abatement Page 3 of 3 PART E EASEMENTS AND PERMITS EASEMENT D®CUIVIEIVTS Six (6) copies of all the right -of --entry forms and all easements (temporary construction and permanent) obtained for this project will be provided in three ring Anders at the plans desk of the Department of Engineering and are available for prospective bidders to review during the bidding period. The terms of all Special Provisions or Conditions for easements shall be applicable. The responsive low bidder(s) will be furnished with a copy of right -of --entry and easements documents after award of contract. Bidders shall not remove any of the six (6) copies from the plans desk. June 5, 2007 6� Clara Elliott (C-Me) ROW Utility Agent Ile to o�o'f61-SS-lS7-off Texas Department of Transportation P. O: Box 6868 Fort Worth, Texas 76115-0868 �� JUI� U 4 200I RE: TxDOT Permit Applications for the Proposed Sanitary Sewer Improvements in the City of Fort Worth for: 8-Inch S.S. Line in Southbound Access Road of East Loop 820 at Plaza Circle; 154nch S.S. Line in E. Rosedale R6O.W. at Plaza Circle; and the 18- inch S.S. Line crossing of E. Loop 820 at Plaza Circle Dear Ms. Elliot: Please find attached a re -submission of a TxDOT permit previously approved. The City of Fort Worth is going forward with this project after much delay. The area of concern at I-820 and Plaza Circle has changed slightly from the originally authorized permit. The bore length has been increased by 30 linear feet on the west side of I-820 at Plaza Circle and there will no longer be need for a manhole -in the southbound service road at this location. I have included the previous design plan along with a revised design plan for your review. Thank you again for your assistance and please do not hesitate to contact me should you have any questions regarding this permit submission. ATTACHMENTS CC: TxDOTTML.DOC Consulting Engineers 6701 Brentwood Stair Road S u i t e 1 0 0 W• Fort Worth, 8 1 7• Texas 4 5 1• 2 76112 8 2 0 FAX 817.451.2208 Form 1023 (Rev. 08/2002) fGSD.-EEC . Page 1 of 2 (Previous Versions Obsolete) T0: City of Fort Worth Chris E. Brooks, P. E. 900 Monroe Street Suite 201 Fort Worth, Texas 76102 APPR®VAL Permit # 220-SS-157-06 Hwy. No. Loop 820 Maintenance Section No. 03 County: Tarrant Da#e: 5/31/2006 Reviewed By: Jim Greenhill The Texas Department of Transportation (TxDOT) offers no objection to the location on the right-of-way of your proposed INSTALLATION OF A 15" SANITARY SEWER MAIN IN THE RIGHT OF WAY as shown by accompanying drawings and notice dated MAY 22, 2006, except as noted below. It is expressly understood that the TxDOT does not purport, hereby, to grant any right, claim, title, or easement in or upon this highway: and it is further understood that the TxDOT may require the owner to relocate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. You are requested to notify this office prior to commencement of any routine of periodic maintenance which requires pruning of trees within the highway right-of-way, so that we may provide specifications for the extent and methods to govern in trimming, topping, tree balance, type cuts, painting cuts and clean up. These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming. The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. in the event the Owner fails to comply with any or all of the requirements as set forth herein, the State may take such action, as it deems appropriate.to compel compliance. See special provisions titled "Specifications for Utility Installations", as applicable. Additional requirements: Please notify CLARA ELLIOTT at 817-370-6585, 48 hours prior to starting construction of the installation, in order that we may have a representative present. A copy of the aSpecifications for Utility Installations," provided by TxDOT, along with the state approved plans, and permit approval shall be kept on the job site through the duration of the installation. Texas Department of Transportation -Fort Worth Maribej.,P. Ch�ve�, P:E. district Engineer By: Michael B. Szurgot District Right of Way Utility Supervisor Texas Department Form 1023 (Rev. 82O02) (GSD-EPC) Page 1 of 2 Notice of Proposed Installation Utility Line on Non -Controlled Access Highway To the Texas Transportation Commission -c/o District Engineer Texas Department of Transportation Fort Worth , Texas Date May , 222006 Z� �� E : � Formal notice is hereby given that the City of Fort Worth, Texas Company proposes to place a 15" S.S. Main Improvements in Right of Way line within the right of way of •E__` ^___da't, ^`-c^► o!v eife!L_ m Tul I it County, Texas as follows: (give location, length, general design, etc.) 44!! Ojp The M-188 replacement project terminates at the intersection of Plaza Circle Drive and E Rosedale St The project will require reconnecting the existing upstream portion of M-188 to the new alignment within the E. Rosedale, south Right -of - Way. This construction area is located approximately 1,206 feet west of the Rosedale and E. Loop 820 south -bound access road. The complete limits of the M-188 project are Truman Drive to the east, Ramey to the south, Plaza Circle to the west and Rosedale to the north. The line will be constructed and maintained on the highway right of way as shown on the attached drawing and in accordance with the rules, regulations and policies of the Texas Department of Transportation (TxDOT), and all governing laws, including but not limited to the "Federal Clean Water Act," the "National Endangered Species Act," and the "Federal Historic Preservation Act." Upon request by TxDOT, proof of compliance with all governing laws, rules and regulations will be submitted to TxDOT before commencement of construction. Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the_ proposed installation, and we will revegetate the project area as indicated under "Revegetation Special Provisions." Our firm will .ensure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traftic Control Devices will be installed and maintained for the duration of this installation. The location and description of the proposed line and appurtenances is more fully shown by complete sets of drawings attached to this notice. Construction of this line will begin on or after the _ August 21, 2006 Month/DayfYear %i By signing below, 1 certify that I am authorized to represent the Firm listed below, and that the Firm agrees to the conditions/provisions included in this permit. Li City of Fort Worth, Texas Chris.-E. �r,.o�ks, P. . 'for Conlon Firm N gnature Project Manager on behalf of the City's Project Manager Title 900 Monroe Street, Suite 201 Address Fort Worth TX 76102 City, State Zip � 817) 392 - 6824 Area Code Telephone Number LV { -�: `'CONTNUED ON MAP 65 a �;,'�� O 7J SCALE IN MILES r O SCALE IN FEET . CONTINUED ON MAP 93 r 0 '/e '/. 3/, 'h 0 1000 2000 3000 SCALE: finch = 2000 feet BOOK PAGE 1079 COPYRIGHT 1977, 2003 by MAPSCO, 1NC. -ALL RIGHTS RESERVED NOTE) APPROX, NUMBER OF SERVICES TO RECONNECT THIS SHT: 2 SEWER SERVICE LOCATIONS ARE APPROMMATE AND BASED ON THE REFBRBNICE O BEST AVAILABLE INFORMATION TO THE ENGINEER, CONTRACTOR SHALL CONTRACTOR TO INSTALL CONTRACTOR TO PROTECT VERIFY LOCATIONS OF ALL SERVICES AND RECONNECT ONLY THE ACTIVE DOUBLE SWEEP CLEANOUTSEXISTING WATER, SANITARY CAUTION: BURIED GAS; SERVICES. ALL ACTIVE SERVICES SHALL HAVE A DOUBLE SWEEP UT AT PROPERTY LINE FOR SEWER, CURB &GUTTER, CONTACT ATMOS ENERGY AT CURB 8377 PRIORTO - sl --- I ACTIVE SERVICES (800)344 I WAR�O TO CONTRACTOR& II t 111 SANITARY INSTALLED AT THE PROPERTY LINE AND BE CONNECTED TO THE SANITARY INLETS &STORM DRAIN LEADS CONSTRUCTION a CONTRACTORS SHALL NOTIFY THE FOLLOWING AT LEAST SEWER, ALL CLEANOUTS SHALL BE 40 DIA, UNLESS OTHERWISE NOTED ON I L-5133 m■wsIlr lMor 48 HOURS PRIOR TO EXCAVATING. PLANS. ALL SANITARY SEWERS TO BE ABANDONED OR REHABILITATED BY ■�■ I Fort Worth Water Departrnent 817 871-8296 SEE SHEET 10 II w.vc . ----- 8 TRENCHLESS MEANS SHALL BE CLEANED AND TELEVISED TO LOCATE I Fort Worth Transportation do Public Works 817 871-78013 It �m�win 5 I CONTRACTOR SHALL SUPPORT THE SERVICES PRIOR TO CONSTRUCTION OR ABANDONMENT. �'��• 1 STgnol Division 817 871-8100 EXISTING TELEPHONE DUCT SYSTEM TROE M 1AND lU Electric Gas, MCI, SPRINT, MOVE 24' RCP STORM DRAIN LEAD 70 gmr�ms � >�NCE IE#pilE I t Tale Southwestern Eldl Tele Co., Bell and GTE (800)) 344-8377 z------------� AVOID DAMAGE TO THE FACILITIES. MAIN A STA 41+27 (PROP) I Charier Coble T.V. (800) 344-8377 1 II ' CONSTRUCT STD 4' DIA MH a = INSTALL WATERTIGHT MH INSERT e I - ��- INSTALL CONCRETE COLLAR Im via :ia I i N=695028ZOO - SEE SHEET IO FOR L-5133 : - E = 2360753.47 _- __ 7110EM 1� ■o �E SERVICE FE 10M EA, � IE4i011IE VID7M PEYIYBIf SNWMIY � 6950255.04 • - Immm SEWER EAS9BR _ 2360399.01 �G z 1 ----- - --- � ��. ■.rme - -Fp-��°�r �■:--�-■,, �� PROP. 18'S5._..--- MAINA E=PK NAIL'Ilk4T �LA2A p�E --�� 59�5'2' .. --S BA36'24'w MAINA -• - _ - PROP. 18' SS PROP. 15' SS (ASPH&T PAVBIDM a < _ :• _ hY �///fHH/XhYhY /H/i'/H hY N/H/H N 89.58'52•W /HhYH .55'fH/fhYhYhS'hY /f/NH/f.YAYiYYyy/'S�€�fH fHHhYhY.WhY HhY - 179" .W A HH/iSY N IHfES [r {pV9Q3� ill'S5'll. - .. 1 ..-.. -..- 1-.-•w - 741341G_..y DOST4 4E 9EF75 SS IO A 14 7NN 18 FOR W110 -188 STA 49+85 (EXIST) = 589• I • 914Z I i CU(4 111111Ww �y -5133 STA 0+00 (EXIST) = I III _ MAIN +95 (PROP) = M-188 STA 44+J2 - = I sisrtESy7 iPr 55 TD-FE JBMDaED off PlAOE FQ �9�15 t4 �Sie1 _� -3229 STA D+00 (E%IST) EMOVE EXIST MH I __-__-__-__-__-__-__ = {p Vml - -- L:3427 STA 0+00 (EXIST) _ _ '- = 6950294.75 I ._.. MH _ = 2360372.77 I MAIN _ ) _.. _.__.._..-..-..---_L. - REIiOVEEXI;Z`T H a •3 STA 6+00 (PROP) CONSTRUCT STD 4'DIA MH rml�w+ul i IN STALL WATERTIGHT MH I .z .. ,r ,2 R , w _..}^d .._ .INSTALL CONCRETE COLLAR �.•�_._. I FA .n�;, ,"ka % SICfel ,:••., :S ,,,.,..""�.+� -.'r;?''f ''3• d INSTALL WATERTIGHT MH INSERT I INSTALL. CONCRETE COLLARpp »'4, Iww I INSTALL PROTECTIVE MH COATING �_'�'■ - _ I _-I C) - I 3III N = 6950282.14 _ �1 E 2360343:11 a �w 1 of N I �A w oo MON NO,OM-7902 CITY MARKER IN PRECAST CONCREIE _urw rme I I I S . 11.11, NTr SET 1,20 FT. BELOW GROUND, 177.00 Ft. W. OF THE I Y.■�oly w W. CURBUNE OF (RANDVIEW DR 6.90 FT. N. OF THE N_ CURB'mu I . aaou � ! N - \ .r'�.■�n '•� OE F LANC/STER 130 FT, S. OF THE S. EDGE OF A 4 FT. I IN I =9i m CP# 510 Do I w I �. Im ma■ ,.n I Z_ CONCRETE WALK AND 5,50 Fr, E, OF A FIRE HYDRANT. I I I I�ms rN=6950396.0E I i N = 6954224.61E E = 2355729.09 E=23607fl1.91 - -cn a ws STATION NO.0788-3908: CITY MARKER W PRECAST CONCRETE I I ,m oiri �.'u I ELEV=575.37 I w� Cn NONIMENT, SET 0.20 FT. BELOW GROUND. 4.B5 FE, S. OF 7Hff N. I TYPE=? I z m \"•� CURB OF THE MEDIAN 50.85 Fr. N. OF THE S. CURB OF THE - I I I I I i MEDIAN, 23.50 FT, N.E. OF A 6 N. OAK, AND 29230 FT, E OF - THE E CURBUNE EXTENDED OF ME94EY RD. N= 6954817.031 E= 2354664.99. I --\ STATION N0, 0759-3926, CITY MARKER IN PRECAST CONCRETE I I I MONUMENT, SET 0.20 FT. BELOW GROUND, 5.90 FT. N. OF THE � N. CURBLNE OF MEADOWOROOK DR.; 5.10 FT, E OF THE E EDGE- - i _ _ - _ _ - _ _ - _ _ - _ _ ROSEDALE OF DRIVEWAY, 4.20 FT. W. OF THE W. EDGE OF DRIVEWAY, AND 63.81 FT. E OF THE E CURBUNE PROJECTED OF EDGEWDOD TERRACE ON THE S SIDE OF MEADONBROOK DR - N = 6956548.96. E = 2351754.21 Rev 9 R OVE EXIST. W SS 8 REPLACE W/ 274 U 18" PVC SS REIV OVE EXIST. 8- SS CONSTF JCT 41D LF 18- PRC PECTO 401 DI SS B OTHER THAN OPEN CUT C STRUCr 183 LF I5 PVC SS TYPE' ('OR 'B'BACKFlLL 177 L PAVEMENT PER FIC URE 2000-1 ' BACNi1LL PER FIGL RE A 9UTTERREPAI C 600 - BACKFILL PER F GURE A ------- - ----------- -� 600 ( I - so nX N 57 ....-........._.... ... ____._._____._._.. 590 I ¢ _M ^ ^ <e m^W ^ y�d<- cl f M.1 W 6 _.. - --._ _..-. m s z < 580- I n to py L - YAM AWRNL ( Mao L • Dw A PROP SS - 5" IQ . = 3.4S MGD - L -�....,� 1.89 MGD II Q.= 3.90 MGD •_ III - - -. Q=3 MGD INSTALL HYDRAU IC SLIDE M _ i✓M E706f fG' SS c 11-18e EM 1Y SS ______ _____ MAI APRO < go 33% N NIN A PROPOSED 4 0 LF 18' SS 0 0.38 o mo LF 18' SS @ C MAIN A PROPOSE 133 a < �' a IIEWIRR FL 6 FORT WORTH WATER DEPARTMENT o ---_-__-- -_- -___-_- -- SANITARY SEWER SYSTEM 1WRON"MAIR S < om N= �e� PLAN If�R ,F -- -- ------ ----- -- LLIflDE < 4 �� .. _ Z & L =vZ O_- sv _ =Z �' Ov �w a PROFILE �° �. ur a■.■I...M. °a - '- --- _ _-- c " m - DAIS IR If1T1: Nm REVA" °F MAIN A - -,TF'•I STA 37+20 TO 47+20 LL LL ; i : •. ROW X OF WWTCI EQW. CQ TO Q • • s s...ams ......... ; W OF PLAZA CR 18 SO SERVICE ROAD SEWER MAP NO_ 2084-M PROJECT NO., P256m70511110043883 MAPSCO NO: OCR C LL -. _r 15TE., •I'h��IT� DATE Ogg o m 10 WN PROJECT NO.: 0017A a /ONAL EaG' p pW�11 BY DA s DOE PROJECT NO: 4433 _ If CHECKED BY: CEB ® SREET N0- 8 TEXAS DEPARTMENT OF TRANSPORTATION DISTRICT N0. 2 SPECIAL REQUIREMENTS FOR INSTALLATION OF UTILITIES ON HIGHWAY RIGHT-OF-WAY (.1� Coordination of Work with Highway Contractor or State Forces If any portion of related highway is under construction, no Utility Owner's Forces or Contractors shall enter within the highway right-of-way without first consulting .the Highway Contractor and making necessary arrangements to coordinate installation of its facilities with Highway Construction. All work relative to installation of Utility Owner's facilities shall `be conducted in such manner as not to interfere in any way with operations of the Highway Contractor. The above requirements with respect to coordination of work with Highway Contractors shall likewise apply to work being done by `State Forces (2� Changes in Location of Proposed Utilities No changes shall be -made in approved location of utilities within -limits of highway right -of -.way without prior authorization of Texas Department of Transportation. (3) Adjustment of Utility Poles and Appurtenances No deviations shall be made from the location of underground lines approved or designated by the Texas Department of Transportation either during planning.or construction to avoid utility poles. Where such poles are adjacent to any proposed underground line, Utility Owner shall make necessary arrangements with other Utility Owners for moving poles and appurtenances and/or supporting same during trenching operations. Any poles, anchors, etc. relocated to clear the proposed underground line shall be moved toward the highway right-of-way line and location shall be subject to the Texas Department of Transportation approval. (4) Submission of Project Drawings to State- Prints of detailed drawings showing exact plan location and profile of underground line shall be submitted to Texas Department of Transportation well in advance o-f construction of line, for verification that location of line is in accordance with requirements specified herein. (5) Staking of Utility Lines in Advance of Construction Utility lines shall be staked well in advance of construction of line so that Texas Department of Transportation can inspect staking to verify that alignment conforms to requirements set out herein and that there is no conflict with highway facilities. Utility Owner shall give Texas Department of Transportation not less than 48 hours notice ahead of time when staking of line will be completed. ROW Utility Section January 28, 1992 -2- (6) Notification of Abandonment of Location Authorized by Permit and Assignment of Authorized Location to Other Utility Owners It is expected that where the installation of utility line has been authorized, such installation will be made within -a reasonable period after, approvalof_permit... otherwise, the Texas Department of Transportation reserves the right to assign -the location originally approved for the Tine to another utility. If construction of Utility line .has not. _been .started within 4 months .after date of approval, the Utility Owners shall immediately notify the Texas Department of Transportation whether it is still intended to installtheline and the date construction will commence. If the Lowner intends to abandon all or any part of the authorized location, the Texas -Department of Transportation shall be informed accordingly so that such abandoned location may be assigned to other utilities if deemed necessary by the Texas Department of Transportation. (7) Inspection by Texas Department of Transportation Representatives Utility Owners shall inform their forces. .or contractors that all utility =nstalla*=_r�ns 'Iinrized by 'Utility Agreement or Permit shall -:be.-" subject to such inspection and;Lests as :may, be deemed necessary by the Texas Department of Transportation to. verify1-1 work is_being done in :accordance with the Texas tmenof Transportation .requirements. All supervi 'Depart - sory personnel`shall 'be instructed to furnish such information and cooperation as..may be required,to,-perform I. - such inspection. (8) Copy -of Permit on Job Site sA .copy of_the _.approved;permit.shall be kept on the site of the work at_all times when work is -in :progress. (9) Full -Time Supervision and Inspection The :Utility.'Owner shall provide competent full-time on -the -site supervisors or .- . inspectors for all utility installations either authorized by permit or covered by utility agreement with the Texas Department of Transportation. mJ 10) Incorrect Location of Utilities Any pipe incorrectly located during construction to conflict with any highway, structure shall be removed and laid in;proper location at entire expense of Utility Owner. (11) Protection of Highway Facilities During Installation of Line All construction operations relative to installation of the pipeline shall be -conducted in such manner as to protect highway facilities from damage at all times. (12) Disposal of Excess Excavation and Clean Up Excess material from trench excavation shall be removed from highway right-of-way and job site cleaned up and left in satisfactory condition_ ROW Utility Section January 28, 1992 - -3- (13) Repair and Replacement of Riprap and Earth Slopes Any existing riprap cut by trenching operations shall be replaced and surface of new riprap finished to match that of existing riprap. Concrete riprap shall contain not less than 3 sacks of cement per cubic yard of concrete. Reinforcing steel shall conform to that of existing riprap. Slopes of highway cuts and embankments damaged by any operations relating to installation of utility shall be repaired and restored to the exact contour existing prior to initiation of the utility project. All earth placed in the restoration of slopes, etc., shall be compacted to a density equal to or ,greater than that of the original slope as directed by the Texas Department of Transportation representative. ("14) Replacement of Base and Pavements Where removal.::of-base and pavement has been authorized, all such base and pavement shall be replaced -as directed by the Texas Department of Transportation representative. All existing pavement .and related flexible or concrete 'base, which is to remain in service either permanently or temporarily, or to be incorporated as a part of the highway project, shall be replaced. (15) Repair and Restoration of Sodding Where sodding is disturbed by excavation or backfilling operations, such areas shall be replaced by mulch sodding on all slopes of 2% or less. All slopes over .2% shall be replaced by block sodding. (16) .Installation of -Lines Beneath Pavements No open cuts for pipe trenches shall be made across any pavement -beneath main highway traffic lanes or turning lanes, acceleration`: lanes, deceleration lanes and other similar facilities unless specifically authorized by the Texas Department of Transportation. Pipe shall be installed by boring and tunneling and all such tunneling and boring shall be cased and pressure grouted to seal voids between casing and adjacent earth. Open cuts will be permitted across pavements of existing street connections, where pipe trench is adjacent to and parallel with highway right-of-way line and where pavement has not been recently constructed. No open cuts will be permitted across such connections where new pavement has just been constructed without written permission of `.':the Texas Department of Transportation. (17) Casing of Lines Utility lines carrying liquids or gases under pressure may be installed uncased in accordance with the Texas Department of Transportation Utility Accommodation Policy. Water lines crossing beneath culverts shall be cased and casing shall project 5' beyond outside limits of culvert. Voids around casing, placed by tunneling or boring, shall be pressure grouted. ROW Utility Section January 28, 1992 -4- k18) Use of Explosives No .explosives shall be used within limits -of .highway right-of-way without-w.r:itten permission of the.Texas Department of Transportation. Requests for permission to use explosives shall include the following information: (a) ..Location of highway where use of explosives is proposed. (b) Type and amount of explosives to be used. If -the use of any explosives is permitted, all blasting operations must be conducted in such manner as to completely protect adjacent property and the traveling public and not interfere with highway traffic. No blasting will be permitted -in the Vicinity of any structures or beneath any pavements which are tO remain in -'use. 0 9) Protection of Highway Traffic, Barricades, '-Warning Signs, 'Etc No construction operations relative to installation of utilities will be :permitted within ;the.-l`imits 'of exlstii.b pavements .:cSrrying-traffic, or shoulders ae- acent thereto, unless_specifically.authorized11 the Texas Department of Transportation. Excavated materials shall be kept off pavements at all.times. Barricades, warning signs, flares, flashing devices, and Flagmen shall be provided by the Utility Owner -or his Contractor when necessary. - .- (20) Protection of Existing Utilities (a) Prior to selecting a location for a proposed installation or accepting a location suggested by the State for such installation, the Utility Company shall take all necessary steps to= determine' that -the location is not already occupied by another Utility and to determine that no damage will be done to :existing Utilities. I- IN N71 (b) Prior to beginning actual construction operations the Utility Company shall notify all other.Utility Companies who may have facilities in the area so they can determine if the proposed construction will conflict with or otherwise damage their facilities. `(21) Use of Plastic Pipe and Nonmetallic Pipe (a) Plastic pipe may be used for gas lines provided the internal pressure -does. not exceed sixty pounds per square _inch, they are encased from right-of-way line to right-of-way line on crossings and have at least thirty inches of cover. The maximum size of plastic pipe gas lines shall not exceed six inches. (b) Where nonmetallic pipe is installed longitudinally, a metal wire shall be concurrently installed or other. means shall be provided for detection purposes. ROW Utility Section January 28, 1992 BACKFILL OF UTILITY 'TRENCHES (A) Description This specification shall govern Backfill of trenches which have been opened for the removal, adjustment, or installation of utility -lines within.the limits.,of highway right-of-way or highway construction projects. Type 1 Backfill shall be used in all -cases except. the following: Type 2"Backfill, when allowed.:by the permit,;agreement, or;by the --Texas Department`:of Transportation representative, may be used only in trenches parallel and adjacent to right-of-way lines and in areas where.: here wi;ll:be no P.earth work -construction` or construction traffic except that this -method may be used for -placing backfill:which will later be removed;by highway -construction. Types--3 or 4 Backfill maybe.required for. -special .:conditions .'where the ,possibility of settlement or erosion of Backfill must be eliminated or when, after backfill is 'started, it becomes apparent-that_Type,i Backf.ill.is .zsuitable Type 5 Backf1 . ma i-1y be _used in special aocations -where allowed ,by the permit, agreement, or by the,TexasDepartment;;of +T.ransportation representative (B) ape I Backfill `:=( Compacted Backf ill TType-4 backfill :shall consist of_ -compacted material obtained.;from suitable soil excavated :from =the trench, ':or -from sources` -outside =.the highway ;right of way Material shall be: free`of rock, lumps, or clods.that will not,break down _-Under compaction. Backfill material shall .:be placed in :the ::trench-. ,in .layers not :to exceed 6" in. depth and. compacted. Water shall -,be _added -as _required to..-facilitate,_.compaction = Compaction shall be'done with rollers or mechanical tamps.- Use of rollers will be .permitted only when such use is not believed detrimental:to..any highway. facility and the type roller used is acceptable to the Texas Department of Transportation" representative i.:Wheri.;rollers are=employed,:mechanical-tamps shall;be:used .along sides of trench to .compact any...backfill.what-_cannot be reached 'with ',rollers. _ 'Compacting shall be continued -:until a backfill density equal to that of the adjacent, undisturbed material has been obtained. Where trenches lie within the limits of drainage ditches and channels which are in rock, the Type 1 Backfill used in trench shall be sealed with 1' of concrete backfill struck off flush. with the top of rock. (C) Type 2 Backfill (Water Jetted Backfill) Type 2 Backfill shall consist of, suitable material excavated from the trench or other acceptable material obtained from sources outside the highway right-of-way. ROW Utility Section January 28, 1992 BACKFILL OF UTILITY TRENCHES CONT'D. Backf ill shall be placed in....the.trench in layers not -_to exceed 2' in depth by blading, dozing, or other approved means and then jetted with water delivered under pressure through a metal jet. 'After the trench is filled and jetted,. --additional material shall be mounded thereon and rolled with construction equipment. (D) Type 3 Backfill (Stabilized Sandy Soil or Washed Sand). Stabilized backfill shall consist of either sandy soil free of lumps and clods or washed concrete sand, stabilized with two sacks of Portland Cement per cubic yard. If aggregates are not sufficiently -moist to produce a mixture suitable for compaction, water shall be added as°required. Either _transit -mix or stationary type mixers may be used. After mixing, the stabilized material shall immediately be -_,placed -in -the trench in uniform layers not to exceed 6" in depth and compacted as specified for Type 1 Backfill. Compaction shall be completed within .two hours :after mixing. -Y (E) Type 4 Backfill (Lean Concrete) mm Concrete backfill shall contain AN two sacks ,of_Portland Cement per cubic yard of concrete as may 'be 'specified 1by the agreement .or permit :or -:by them -Texas Department`bf Transportation representative*l.. Concrete, aggregates` shall be washed. Concrete 'may be -mixed moi the -project an `an °approved :mixer, or; in .:an -,approved - central mixing plant - - -Slump -Shall be'`between 3", :and 6" as -,directed by .the -Highway _,, - Department representative. Concrete shall be deposited in lifts not to exceed 18" in depth. Sufficient vibration shall be done -to eliminate voids but care shall be exercised that contamnatiori`by.adjacent soil-does``:not'occur during .vibration: Allconcrete, shall be placed within one hour after mixing. (F) Type-S Backfill (Uncompacted)" ..,- P4.: . Type .5 Backfill shall consise of materials which have been removed from the trench. The mmaterial mshall be°pulverized and wetted if-necessary,.then replaced in the trench by blading, dozing, orm other suitable methods. :Excess material shall.be mounded on the trench and compacted by rolling with construction equipment. ;Ridges created by such mounding shall be left sufficiently flat so as not to interfere with mowing or other`maintenance`operations. ROW Utility Section January 28, 1992 (A) GENERAL REQUIREMENTS Pipelines crossing under surfaced roads and roads carrying traffic within limits of highway right-of-way shall be placed by boring or tunneling, unless otherwise specifically authorized by the Texas Department of Transportation. Borings or tunnels shall be placed at such depths below bottom of pavements as to provide sufficient depth of soil above hole for supporting superimposed live and dead loads and also prevent collapse of supporting soil between _hole and pavements due to any boring, tunneling, or casing jacking operations. Boring and/or tunneling shall extend past roadway crown lines. and outside of any shoulders adjacent to pavements: Pits excavated for boring or tunneling operations shall be located so that any possible sloughing of sides of pit will not endanger shoulders or pavements and so that barricades can be placed as specific' herein. - All operations and equipment relative to tunneling and :boring shall be confined to areas outside of roadway shoulders and away from edges of pavements by suitable barricades. Barricades shall be maintained clear of shoulders at all times except that in no case shall the clear distance between barricades. and edge of pavement or face of curb be less than 8 feet. (B) BORING Where material beneath pavement is sandy or unstable and will be subject to caving, hole for casing shall be bored and cased simultaneously and bored material removed through casing. Cutting face of auger or drill shall not project more than 6 inches ahead of casing and no water shall be used in connection with drilling. Where material beneath pavement is stable and not subject to caving, hole for casing may be bored first and casing inserted in hole immediately after completion of boring if permitted by the Texas Department of Transportation. Water shall not be used in conjunction with drilling if it in any way causes stable material to cave or become unstable. (C) TUNNELING While hole is being tunneled, casing shall be jacked into place as operations progress except as hereinafter specified. Where necessary to use sectionalized steel liner plates, each successive ring of plates shall be placed in position and completely bolted into place as soon as excavation is completed far enough ahead of completed casing to receive the next ring. ROW Utility Section January 28, 1992 UTILITY CONSTRUCTION WORK ON SATURDAYS AND SUNDAYS FOR UTILITY INSTALLATIONS AUTHORIZED BY UTILITY PERMIT Except in case of an emergency as mentioned later herein, no work which requires inspection by the Texas Department of Transportation will be permitted on -.Saturdays or Sundays. In the event the Utility Owner believes that Saturday or Sunday work is :necessary due to an emergency, such as the necessity to avoid complication in operation of owner's utility plant, or to avoid delay of the Highway Contractor, such work will be permitted providing that the Utility Owner agrees tos a. Obtain Texas Department of Transportation approval at least 48`hours in advance so that arrangements can be made to have a Highway Inspector present. Failure to give such advance notice will be sufficient reason to not grant approval for working. b. Require his equipment on Have ' progress. c. owners at alI times Contractor to have sufficient personne and the job to efficiently prosecute the work. supervisor or inspector present on the job while the above types of work are in TRAFFIC SIGNALS AND TRAFFIC MANAGEMENT FIBERS NOTIFICATION 1S REQUIRED 48 HOURS PRIOR TO THE BEGINNING OF ANY EXCAVATION WITHIN THE RIGHT-OF-WAY IN ORDER THAT THE STATE MAY VERIFY THE EXISTENCE OF ANY ELECTRICAL WIRING AND/OR FIBER OPTIC CABLE. FOR ELECTRICAL WIRING LOCATES, CONTACT MR. JAMES WARD, TRAFFIC SIGNAL DEPARTMENT, TELEPHONE NUMBER (817) 370-6671 FOR TRAFFIC MANAGEMENT FIBER MANNING, TRAFFIC MANAGEMENT DEPARTMENT, TELEPHONE NUMBER (817) 370-6745. FAILURE TO PROVIDE NOTIFICATION WILL RESULT IN THE IMMEDIATE REPAIR AT THE GRANTEE'S EXPENSE. t"fit Manual c� CONTROLLED ACCESS HIGHWAYS H C H a STANDARD REQUIREMENTS EXCEPTIONS FOR EXISTING LINES Q � :n ' �' Z Location - Near ROW line_ Crossings approx. Location - Msy deviate from perpendicuiar. Urban W ;� perpendicular. Longitudinal lines may remain in outer separation. Vent - AC least one required. Depth - Minimum total depth of 24" if encased or ' t{arkers - Required_ 30" if not encased may be permitted. (Longitudinal) G� V1 � Depth - 18" usual and 12" minimum or � diem. of Encasement - Under roadways, ditches, structures W casing under subgrade. 30" total clear depth and center medians. Exceptions el lowed for wide I � ,_ � at ail points where encased. 36" total clear medians. j� depth where not encased_ (Longitudinal) 1 v � Encasement - Under roadways, ditches, struc- H � Lures and center medians. Exceptions allowed x for vide medians. Q Location - Near RCW line. Crossings approx. Location - May deviate from perpendicular. Urban • d � perpendicuiar_ Longitudinal sines mfly remain in outer separation. ' °� � ¢ Markers - Required_ Markers - Rc-quired. u � Z Depth - Plinimum 18" under subgrade or 50" Depth - No exceptions permitted._ �} under pavement surface. 48" minimum under Encasement - Not required if welded steel con- � y W � '�+ 2 ditches. exceptions may be allowed if pro- struction of heavier wall thickness and/or higher 'D � � � tected by reinforced concrete slab. strength steel, coated and wrapped, cathodically H Encasement - No[ required if welded steel protected and other measures as required. Limits � O � c` Cz] construction of heavier wall thickness of protection are the same as that for encasement. � W 1=7 iL and/or higher strength steel, coated and GT W q wrapped, cathodically protected and other = C1 �'"� measures as required_ Limits of pro- U '� �--� � L7 � D' tection are the same as that for encase- � O H H ment_ C� LL t-� t3' C � � W Location - Near RCW line. Crossings approx. Location - May deviate from perpendicular. Urban a.r perpendicular. longitudinal lines -may remain except under center �' !�,�' � { � Depth - 1°" usual and 12" minimum or � diem. medians, roadways in the controlled access area, f-= 3 { � under subgrade_ 24" total clear depth below or any other roadway to be (re) constructed, � �' surface. provided there will be no future pavement cuts �` !; � Encasement - Same as for encased high pressure other than on low volume frontage roads_ ,.� y rq � � lines or none if cathodicaliy protected and Depth - Hinianaa total depth of i8" may be permitted. � � agree to no future pavement cuts. Encasement - No exception permitted. e� u Location - Near RCW line. Crossings approx. Location - May deviate from perpendicular. Urban ,� 0. perpendicular. Longitudinal lines may remain except under center EO Depth - 18" usual and 12" minimum or § diem._ medians. roadways within the controlled access p under subgrade. 24" total clear depth below area, or any other roadway to be (re) constructed, surface. provided there will be no future pavement cuts L p Encasement - Under roadvays to center of ditch other than on low volume frontage roads. z and seder medians. Exception allowed for wide Depth - Mini.mm total depth of �18" may be permitted. `� maiden, for pipe of 30" or greater diem. under Encasement - May be omitted for pipe of 24" or � low volume frontage roads, and under side greater diem. under law volume frontage roads. road entrances where justified by traffic, 3 road condition, and iocal practice. Locatiou - Mzar RCId line. Crossings approx_ Location - ?:ay deviate from perpendicular. Urban perpendicuiar. longitudinal lines may remain except under center rs 0.; � Deptt: - 18" usual esl<i 12" minimum or k diem. medians and roadways in the controlled access � under subgrade. 24" t_etal clear depth below area, provided they are of satisfactory quality � � � surface. and depth, manY:oles are adjusted, and future sec- ✓� Encasement - fAily � under pressure or does � vice lines will not violate access contrcl or i nc:t meet standards. If encased, same as disturb any roadway. N� water lines. 'laterial5 - Requirements for materials may be Material_ - Czst iron or equal aL crossings waived if line is of satisfactory quality_ ;-{ of nigh. vol.v:ne resdways. Others permitted Depth - Minimum total depth of 18" may he permitted. � Eer Icagltn,!iral lines and crossing; of low � volume roadways_ Plate 8 Sheet 56 of 61 H a U U H rl 0 a z 0 H 6H U H z O • U C qq w Z C 6 4.1 N R v W sa O O Q+ w fa >. Q 4 .-I P4 O W a 0 G a1 11 1.1 .4 3 3: R aI 0 a, a in C� xa J L (1) �D P. 0. O U 0 iJ H z : d�d O CJ W 0 Utility Manual CONTROLLED ACCESS HIGHWAYS STANDARD REQUIREMENTS Loca[Son - Longitudinal--1' Co 3' Erom K04I or behind outer curb. Short exceptions permitted. Crossings --No poles in median. Pole In outer s eparati-on only when ROW is over 300'. and must be 30' from main lane and 20' from ramp Shoulder edge. Crosaings approx. perpendicu- lar. At structures, reroute around approaches or sufficient to provide 150' horizontal or 30' vertical clearance. Vertical Clearance - 18' for coamunication lines and 22' or greater as required by law for power lines. Type of Construction - Longitudinal lines shall be single pole construction. Locnr.inn - Neac ROW Line, crossings approx. perpendicular. Longitudinal tines may be placed by plowing or open trench. Markers - Kegni red_ e th - 18" aAunl And 12" minimum of S dlam. of casing under subgrsde, 10" total clear depth At till points where encased. F_neaaement - under roadways, ditches, struc- tures and center medians. Exceptions allowed for vide medians. Location - Near ROW Line. Crossings approx. perpendicular. Depth - 18" under pavement. 24" outside pave- ment area. Including ditches. Encasement - None required unless directed by PLstrict Engineer for hazardous locations such as near bridgen, structures, utc. Where encase- ment lint installed, utility should Agree. in no .pavnmonl cilia. EXCEPTIONS FOR EXISTING LINES Locntion - Hey deviate from perpendicular. Vertical Clearance - No exception permitted.. Type of Construction - No exception permitted. Locntion - Hey deviate from perpendicular. Urban longitudinal lines may remain in outer eepera[lon. Depth - Minimum total depth of 24" if encased or !0" If not encased may he permitted. h:nc asement - No exceptions permitted. Location - Hay deviate from perpendicular. Where encasement not installed, utility should agree to no pavement cuts. Longitudinal lines may remain. except under center medians, through -traffic road- ways or connecting roadways (including shoulders). Depth - Where materials and other conditions justify, exceptions may be permitted for reduction ni fi" from standard regairemlents. Rev. 8-75 Plate 8 .Sheet 57 of 61 ilmI'1UN M®E rMKIVII 112 Utility Line Activities Effective Date: March 19, 2007 (NWP Final Notice, 72 FIR 11182, para. 12) Utility Line Activities. Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than %2 acre of waters of the United States. Utility lines: This NWP authorizes the construction, maintenance, or repair of utility lines, including outfall and intake structures, and the associated excavation, backfill, or bedding for the utility lines, in all waters of the United States, provided there is no change in pre -construction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and radio and television communication. The term "utility line" does not include activities that drain a water of the United States, such as drainage file or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a power line or utility line in non -tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2 acre of waters of the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities. Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. Access roads: This NWP authorizes the construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in non -tidal waters of the United States, provided the total discharge from a single and complete project does not cause the loss of greater than 1/2-acre of non -tidal waters of the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to pre -construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre -construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. This NWP may authorize utility lines in or affecting navigable waters of the United States even if there is no associated discharge of dredged or fill material (See 33 CFR part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit. This NWP also authorizes temporary structures, fills, and work necessary to conduct the utility line activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity if any of the following criteria are met: (1) The activity involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a section 10 permit is required; 1 to) the utility line in waters of the United States, excluding overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to a stream bed that is within that jurisdictional area; (5) discharges that result in the loss of greater than 1/10-acre of waters of the United States; (6) permanent access roads are constructed above grade in waters of the United States for a distance of more than 500 feet; or (7) permanent access roads are constructed in waters of the United States with impervious materials. (See general condition 27.) (Sections 10 and 404) Note 1: Where the proposed utility line is constructed or installed in navigable waters of the United States (i.e., section 10 waters), copies of the pre -construction notification and NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. Note 2: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work, accordance with the requirements for temporary fills. Note 3: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the United States are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the United States associated with such pipelines will require a section 404 permit (see NWP 15) NATIONWIDE PERMIT GENERAL CONDITIONS General Conditions: The following general conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Ciean Water Act). 7, Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 2 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre - construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety. 15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved wa#er rights and treaty fishing and hunting rights. 17. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened authorized under any NWP which "may affect" a listed or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. No activity is species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c) Non-federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non -Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be 3 affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect' on listed species or critical habitat, or until Section 7 consultation has been completed. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species -specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, both lethal and non- lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their worldwide Web pages at http:/fwww.fws.gov/ and hftp:/Iwww.noaa.gov/fisheries,html respectively. 18. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre - construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non -Federal applicant that he or she cannot begin work until Section 106 consultation is completed. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 19. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment. The district engineer may also designate additional critical resource waters after notice and opportunity for comment. C! (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 212 299 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 257 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 27, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 20. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: _ (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (Le., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed 1/10 acre and require pre -construction notification, unless the district engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project -specific waiver of this requirement. For wetland losses of 1/10 acre or less that require pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream restoration, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, inAeu fee arrangements or separate activity -specific compensatory mitigation. In all cases, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 21. Water Quality, Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 22. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency 5 concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 23. Regional and Case -By -Case Conditions. The activity must comply with any regional conons that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing, over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with the nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit, and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." {Transferee) (Date) 26. Compliance Certification. Each permittee who received the NWP verification from the Corps must submit a signed certification regarding the completed work and any required mitigation. The certification form must be forwarded by the Corps with the NWP verification letter and will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 27. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permi#tee must notify the district engineer by submitting apre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, as a general rule, will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) Forty-five calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee cannot begin 0 the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided result in a quicker decision.); (4) The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, where appropriate; (5) If the proposed activity will result in the loss of greater than 1 /10 acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non -Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP 48 activities requiring pre -construction notification and for other NWP activities requiring pre -construction notification to the district engineer that result in the loss of greater than 1/2-acre of waters of the United States, the district engineer will immediately provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site -specific comments. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. 7 (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps multiple copies of pre -construction notifications to expedite agency coordination. (5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS. (e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any conditions the district engineer deems necessary. The district engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 28. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. Definitions Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. E:3 Compensatory mitigation: The restoration, establishment (creation), enhancement, or preservation of aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Discharge: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR Part 60). Independent utility: A test to determine what constitutes a single and complete project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open -water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar 0 document that includes information about the proposed work and its anticipated environmental effects. Pre construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: Re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects waterbodies with their adjacent uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 20.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete project: The term 'single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete project must have independent utility (see definition). For linear projects, a "single and complete project" is all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States, Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal 10 waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are. permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States that, during a year with normal patterns of precipitation, has water flowing or standing above ground to the extent that an ordinary high water mark (OHWM) or other indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)). If a jurisdictional wetland is adjacent --meaning bordering, contiguous, or neighboring —to a jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of Iwaterbodies" include streams, rivers, lakes, ponds, and wetlands. ADDITIONAL INFORMATION This nationwide permit is effective March 19, 2007, and expires on March 18, 2012. Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be accessed at http://www.swf.usace.army.mil/pubdata/environ/regulatory/index,asp or http://www.usace,army.mil/cw/cecwo/reg 11