HomeMy WebLinkAboutContract 46369 �K,'Vo f DEPARTMENT OF THE ARMY CITY SECRETAW
FORT WORTH DISTRICT,CORPS OF ENGINEERS CONTRACT No.
P.O. BOX 17300
\ % FORT WORTH,TEXAS 76102-0300
REPLY TO
ATTENTION OF
January 22, 2015
Regulatory Division
SUBJECT: Project Number SWF-2012-00441, Park Vista Boulevard
Mr. Khal Jaafari
City of Fort Worth
Transportation and Public Works Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Dear Mr. Jaafari:
You are hereby authorized under Section 404 of the Clean Water Act to discharge fill material
into waters of the United States in accordance with Permit Number SWF-2012-00441. A copy of
the permit is enclosed.
To use this permit, the person responsible for the project must ensure that the work is
conducted in accordance with the terms and conditions of the permit. We caution you to submit
revised drawings to us for approval prior to construction should any changes be found necessary in
either the location or plans for the work. Approval of revised plans may be granted if they are found
not contrary to the public interest.
This permit should not be considered as an approval of the design features of any structure
authorized or an implication that such construction is considered adequate for the purpose
intended. It does not authorize any damage to private property, invasion of private rights, or any
infringement of federal, state, or local laws or regulations.
We appreciate your interest in our nation's water resources, and your cooperation in complying
with our regulatory program. If you have questions in the future, please contact Mr. Steve D.
Lindamood at the address above or telephone (817) 886-1670.
cm-� Sincerely,
M
_
M
n
z Stephen L Brooks
a.�
CAD Chief, Regulatory Branch
Enclosures
-2-
Copies Furnished/with enclosure:
VMr. Matt Patyk
Dunaway Associates, L.P.
550 Bailey Avenue, #400
Fort Worth, Texas 76107
Mr. David Galindo
Director, Office of Water Quality (MC-150)
Water Quality Division
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
Mr. Tom Heger
Resource Protection Division
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744
Ms. Debra Bills
Field Supervisor
U.S. Fish and Wildlife Service
2005 NE Green Oaks Blvd., Suite 140
Arlington, Texas 76006
Ms. Sharon Parrish
Chief, Marine and Wetlands Section (6WQ-EM)
U.S. Environmental Protection Agency, Region 6
1445 Ross Avenue
Dallas, Texas 75202
S
DEPARTMENT OF THE ARMY PERMIT
Permittee: City of Fort Worth
Permit No. SWF-2012-00441
Issuing Office: Fort Worth District
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future
transferee. The term "this office" refers to the appropriate district or division office of the Corps of
Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting
under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: Phase I will include the discharge of up to 3,113 cubic yards (cy) of fill material and
the construction of a roadway expansion project in 1.39 acres of waters of the U.S. (WOOS). The
proposed roadway and associated infrastructure will include the construction of two 12'x4' box culverts
that will be constructed beneath the proposed roadway for approximately 1,300 linear feet (If) and a
bridge that will span Big Bear Creek. The bridge construction will include support columns, rip rap, and
additional fill material for the bridge embankment areas. North of Golden Triangle Boulevard, four 9'x4'
concrete box culverts will be installed to convey flow in the unnamed tributary to Big Bear Creek. The
proposed culverts, site grading,bridge embankments, and roadway construction within the entire project
area (Heritage Trace Parkway to Keller Hicks Road) will result in the placement of fill material into
0.90-acre of non-forested wetlands, 0.04-acre of open waters (on-channel pond), 1,573 If (0.239-acre) of
intermittent stream, 408 If (,0.02-acre) of ephemeral stream, 0.14-acre of non-forested wetlands, and
869 If (0.06-acre) of ephemeral stream. The Future Park Vista Boulevard section (still in the planning
and design stage) has conservatively estimated the cubic yardage of fill for the purposes of permitting
both phases of the project under this permit, however, the second phase of the project shall not be
constructed until more detailed plans and drawings, as well as a mitigation proposal, are evaluated by
this office and the permit modified prior to construction commences in Phase II. The future project is
estimated to impact 0.14-acre of non-forested wetlands, 869 If (0.06-acre) of ephemeral stream, and
403 If (0.01-acre) of a non-jurisdictional drainage swale.
Project Location: The Park Vista Boulevard project is being constructed in two phases. The first phase
is split into the Current Park Vista section and the Current Park Vista North section. The Current Park
Vista section is located between the Ray White Road and Wyndrook Street intersection and Golden
Triangle Boulevard, City of Fort Worth, Tarrant County, Texas. The Current Park Vista North section is
located between Golden Triangle Boulevard and Keller Hicks Road, City of Fort Worth, Tarrant County,
Texas. The second phase known as the Future Park Vista Boulevard is located between the Ray White
Road and Wyndrook Street intersection and Heritage Trace Parkway, City of Fort Worth, Tarrant County,
Texas. The proposed project would be located approximately at N 32.927593° latitude; W -97.272650°
longitude within the Keller 7.5-minute USGS quadrangle map in the Big Bear Creek USGS Hydrologic
Unit 120301020703.
Permit Conditions: In accordance with the general and the special conditions listed below, the attached
Sheets 1 through 4, dated December 1, 2014, Sheets 1 through 5, dated December 2, 2014, and Texas
Commission on Environmental Quality Section 401 Water Quality Certification, Pages 1 through 3, dated
November 13, 2014.
3 t
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2019. If you find that you
need more time to complete the authorized activity, submit your request for a time extension to this office
for consideration at least one month before the date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the
permitted activity, although you may make a good faith transfer to a third party in compliance with
General Condition 4 below. Should you wish to cease Jo maintain the authorized activity or should you
desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this
office, which may require restoration of the area.
3. If you discover any previously unknown historic or archaeological remains while accomplishing the
activity authorized by this permit, you must immediately notify this office of what you have found. We will
initiate the Federal and state coordination required to determine if the remains warrant a recovery effort
or if the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in
the space provided and forward a copy of the permit to this office to validate the transfer of this
authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy
of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and
conditions of your permit.
Special Conditions: SEE PAGE 5 (Special Conditions)
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above
pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
2
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability
for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused
by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to,
the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as
those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the
issuance of an administrative order requiring you to comply with the terms and conditions of your permit
and for the initiation of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office may in certain
situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract
or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by
this permit. Unless there are circumstances requiring either a prompt completion of the authorized
activity or a reevaluation of the public interest decision, the Corps will normally give favorable
consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and
conditions of this permit.
3
t ,
(PERMITTEE) r-e rAA jdo CO,4 (DATE)
4 ss 3s,It,ti 0� NloKs-for
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army,
has signed below.
C:;;0LL-1)L T off/ 44 0 0
A RTRI IN ER) (DA E)
)
W. Neil Craig, III, P.E.
Lieutenant Colonel, Corps of Engineers
When the structures or work authorized by this permit are still in existence at the time the property is
transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the
property. To validate the transfer of this permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
APPROVED AS TO FORM 011) LEGALITY:
CITY ATTORNEY' ��--
ORr
A by'
Mary J. Kay ity Secretary
4
Special Conditions
Permit Number SWF-2012-00441
1. This authorization covers Phase 1 and 2 of the subject project. However, this authorization only
allows the permittee to commence activities described and required for Phase 1 of the subject
project. The permittee is required to submit a request and receive final approval from USACE
Fort Worth District Regulatory Division that modifies the original permit prior to initiation of Phase
2 of the subject project. The submittal for Phase 2 shall contain detailed plans, drawings, and a
project description similar to those that have been provided for Phase 1, including avoidance and
minimization actions taken to properly allow a refined evaluation of the coarse level impacts to
waters of the U.S. to occur with Phase 2. Phase 2 of the subject project shall not begin
commencement until the permittee receives authorization in writing from our office.
2. For the unavoidable adverse impacts from Phase 1 of the project, the permittee shall implement
and abide by the mitigation plan included in the "Attachment C, Proposed Mitigation Plan"
prepared by Dunaway Associates, L.P. Completion of all elements of this mitigation plan is a
requirement of this permit. The permittee shall debit 14.00 credits from the Trinity River
Mitigation Bank in compliance with the provisions of the "Mitigation Banking Instrument
Agreement, Trinity River Mitigation Bank, Ltd., Tarrant County, Texas, Permit Application No.:
199800370," dated February 2001, revised August 2002. This debit shall compensate off-site for
unavoidable adverse project impacts that would not be compensated for by on-site mitigation.
The permittee shall complete the mitigation bank transaction and provide documentation to the
USACE that the transaction has occurred prior to commencing any ground-disturbing activity
within waters of the United States.
3. Prior to the commencement of Phase 2 of the project described within this authorization, the
permittee shall submit to this office a detailed mitigation plan for Phase 2 of the subject project
and receive approval of that plan from our office prior to commencing construction in areas
containing waters of the U.S. (see 33 CFR 332.4(c)). Resource agencies will be given 30-days to
comment on the mitigation plan, after which the applicant will be given up to 30-days to provide a
response to agency comments.
4. The permittee shall conduct a meeting with the construction contractor(s) detailing the terms and
conditions of this permit prior to commencing construction activities of the project. The permittee
shall notify the Regulatory Branch, Fort Worth District, U. S. Army Corps of Engineers (USACE)
of the preconstruction contractor meeting at least two weeks in advance of the meeting. Within
two weeks following the meeting, the permittee shall provide written confirmation to the USACE
that the meeting was held.
5. The State of Texas 401 Water Quality Certification (WQC) issued for the authorized project only
covers Phase 1; the permittee must obtain a separate Section 401 WQC from the State of Texas
prior to commencing Phase 2 of the project covered under this permit authorization. To obtain
the future WQC you must contact the Texas Commission on Environmental Quality (TCEQ);401
Coordinator, MSC-150, P.O. Box 13087, Austin, Texas 78711-3087. The permittee shall provide
the USACE Fort Worth Regulatory Division a copy of the TCEQ WQC request with their submittal
requesting a modification to the original permit to begin Phase 2 of the project.
6. Best management practices (BMP's) for erosion control shall be implemented and maintained at
all times throughout the project area to prevent siltation and turbid discharges that may violate
Texas Water Quality Standards. Methods, should include, but are not limited to the use of hay
5
bales, staked filter cloth, sodding, seeding, mulching, temporary coffer dams, and floating
turbidity screens. The permittee shall be responsible for ensuring that erosion and turbidity
control devices and procedures are inspected and maintained on a daily basis during the life of
the project until such time as disturbed areas are sufficiently self-sustained and stabilized to
prevent erosion, siltation, and turbid discharges.
6
1 � ACA ON OF ADMINIST FOLT IDE APPEAL OPTIONS AND PItO.CIG _
ST> ' APPS ,
Applicant: City of Foil Worth File Number: SWF-2012-00441 Date: 12-18-2014
Attached is: - See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT(Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I-The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at
http://www.usace.army.inil/CECW/Pages/reg_juaterials.aspx or Corps regulations at 33 CFR Part 33'1.
A: INITIAL PROFFERED PERIv1IT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. if you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights
to appeal the permit, including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns,(b)modify the permit to address some of your objections, or(c)not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections,the
district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
® ACCEPT: If you received a Standard Permit,you may sign the permit docunent and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights
to appeal the permit, including its terms and conditions,and approved jurisdictional determinations associated with the permit.
® APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section Il of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
® ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD.
® APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you maX provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr.Steve D.Lindamood Mr.Elliott Carman
(817)886-1670 Administrative Appeals Review Officer(CESWD-PD-O)
U.S. Army Corps of Engineers
1 100 Commerce Street.Suite 831
Dallas.Texas 75242-1731
469-487-7061
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government
consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation,and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
r
r d
Bryan W.Shaw,Ph.D.,P.F.,Chairman
by Baker,Commissioner
2.0 r2
7 Cover, issioner
yde,P.B.,Lrecldiue Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALI`T'Y
Protecting Texas by Reducing and Preuentinci Pollution
November 13, 2014
Mr.Stephen Brooks,Division Chief
U.S.Army Corps of Engineers
Regulatory Division CESWF-EV R
P.O.Box 173oo
Fort Worth,Texas 76102-0300
Attention: Mr.Steve Lindamood
Re: USAGE Permit Application No.SWF-2oi2-00441
Dear Mr.Brooks:
This letter is in response to the Statement of Findings(SOF)dated November 6,2014 for the
Joint Public Notice dated January 31, 2014,on the City of Fort Worth's proposed Park Vista
Boulevard Project (Phase I) which includes constructing a 44ane roadway with associated
right of way to help aid with the current and projected public roadway congestion in and
around the proposed project area. The project is located in the road segment from Heritage
Trace Parkway to Keller Hielcs Road,Fort Worth,Tarrant County,Texas.
The Texas Commission on Environmental Quality (TCEQ) has reviewed the public notice
and related application information along with the SOF. On behalf of the Executive Director
and based on our evaluation of the information contained in these documents, the TCEQ
certifies that there is reasonable assurance that the project will be conducted in a way that
will not violate water quality standards. General information regarding this water quality
certification,including standard provisions of the certification,is included as an attachment
to this letter.
The project will discharge approximately 3,113 cubic yards of dredged and fill material into
approximately 1.199 acres of waters of the United States in conjunction with the construction
of the proposed current Par1c Vista Boulevard Project. The total proposed impacts include
the direct and permanent impacts to o.90-acre of non-forested wetland, o.o4-acre of open
waters (on-channel pond), 1,573 linear feet (0.239 acre) of intermittent stream and 4o8
linear feet(0.02 acre) of ephemeral stream. Roadway infrastructure includes two 12'x4'box
culverts, spanning 1,300 linear feet, bridge columns, rip rap and additional fill material.
Four 9'x4' concrete box culverts will also be placed north of Golden`Triangle Boulevard to
convey flow in the unnamed tributary of Big Bear Creek Phase 2 of the Park Vista
Boulevard Project is in preliminary design and planning stages and is not being proposed for
construction at this time.
P-0-11=13087 • Austin,Texas 78711-3087 512-239-1000 • treq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
printed on recyded paper using vegrttable-bared Ink
Stephen Brooks
U.S.Army Corps of Engineers
USACE Permit Application No.SWF-2o12-00441
Page 2
November 13, 2014
Phase I impacts will be mitigated through the purchase of 14.00 credits from the Trinity
River Mitigation Bank in compliance with the provisions of the "Mitigation Banking
Insttrument Agreement, Trinity River Mitigation Bank, Ltd., Tarrant County, Texas, Permit
Application No.: 199800S70,"dated February 2001,and revised August 2002.
No review of property rights, location of property lines, nor the distinction between public
and private ownership has been made,and this certification may not be used in any way with
regard to questions of ownership.
If you require additional information or fiuther assistance, please contact Ms. Jenna R.
Lueg, Water Quality Assessment Section, Water Quality Division (MC-150), at (512) 239-
4590 or by email atjenna.lueg@tceq.texas.gov
Sincerely,
D d .Galindo
W er Q alit, Division Director
Tex mmission on Environmental Quality
DWG/JRL/tc
Attachment
cc: Mr. Patrick Buckley, City of Fort Worth, l000 Throckmorton St., Fort Worth,Texas
76107
Mr.Stephen Brooks
USACE Permit Application No. SWrl-2012-00441
Attachment—Dredge and Fill Certification
Page 1 of 3
WORK DESCRIPTION: As described in the public notice January 2014, and the
November 6, 2014, Environmental Assessment and Statement of Findings.
SPECIAL CONDITIONS: None
GENERAL: This certification, issued pursuant to the requirements of Title 30,
Texas Administrative Code, Chapter 9-79, is resti-icted to the work described in
the November 6, 2014 Envit-onmental Assessment and Statement of Findings
and shall be concurrent with the Corps of Engineers (COE) permit. This
certification may be extended to any minor revision of the COE permit when such chaDge(s)
would not result in an impact on water quality. The Texas Commission on Environmental
QuLiiit
S fTCEW reserves the for minor
revision
STANDARD PROVISIONS: These following provisions attach to any permit issued by
the COE and shall be followed by the perinittee or any employee, agent, contractor, or
subcontractor of the permittee during any phase of Work authorized by a COE permit.
i. The water quality ofivettand's shall be maintained in accordance with art applicable
provisions of the Texas Surface Water QualitI, Standards including the General,
Narrative,and Numerical Criteria.
2. The appliewit shall not engage in any activity which will cause surface waters to be
toxic to man,aquatic life,or terrestrial life.
3. Permittee shall employ measures to control spills of fuels, lubricants, or any other
materials to prevent theirs from entering a watercourse. All spills shall be promptly
reported to the TCEQ by calling the State of Texas Environmental Hotline at 1-800-
832-8224.
4. Sanitary wastes shall be retained for disposal in some legal manner. Marinas and
similar operations which harbor boats equipped with marine sanitation devices shall
provide state/federal permitted treatment facilities or ptunp out facilities for ultimate
transfer to a permitted treatment facility. Additionally, marinas shall display signs in
appropriate locations advising boat owners that the discharge of sewage from a
marine sanitation device to waters in the state is a-violation of state and federal law.
5. Materials resulting from the destruction of existing structures shall be removed from
the water or areas adjacent to the water and disposed of in some legal manner.
Mr.Stephen Brook-,
USACE Permit Application No.SWF-2012-00441
Attachment— Dredge and Fill Certification
Page 2 Of 3
6. A discharge shall not cause substantial and persistent changes from ambient
conditions of turbidity or color. The use of silt screens or other appropriate methods is
encouraged to confine suspended particulates.
7. The placement of any material in a watercourse or wetlands shall be avoided and
placed there only with the approval of the Corps when no other reasonable alternative
is available. If work within a wetland is unavoidable, gouging or rutting of the
substrate is prohibited, Hea\IZ equipment shall be placed on mats to protect the
substrate from gouging and rutting if necessary.
8. Dredged Material Placement: Dredged sediments shall be placed in such a manner as
to prevent any sediment runoff onto any adjacent property not owned by the
applicant. Liquid runoff from the disposal area shall be retained on-site or shall be
filtered and returned to the -watercourse from which the dredged materials were
removed. Except for material placement authorized by this permit, sediments from
the project shall be placed in such a manner as to prevent any sediment runoff into
waters in the state, including-wetlands.
9. if contaminated spoil that was not anticipated or provided for in the permit
application is encountered during dredging, dredging operations shall be immediately
terminated and the TCEQ shall be contacted by calling the State of Texas
Environmental Hotline at 1-800-832-8224. Dredging activities shall not be resumed
until authorized by the Commission.
io. Contaminated water, soil, or any other material shall not be allowed to enter a
watercourse. Noncontaminated storm water from imper0ous surfaces shall be
controlled to prevent the washing of debris into the mateimay.
ii. Storm water runoff from construction activities that result in a disturbance of one or
more acres, or are a part of a common plan of development that will result in the
disturbance of one or more acres, must be controlled and authorized under Texas
Pollutant Discharge Elimination System (TPDES) general permit TXR150000. A
copy of the general permit,application(notice of intent), and additional information is
available at:
1-ittp://vNivNv.tceq.texas.gov/peii-nitting/stormivater/iA,(l construCtion.litIDI or by
contacting the TCEQ Storm Water&Pretreatment Team at(512)239-4671.
12. Upon completion of earthwork operations, all temporary fills shall be removed from
the watercourse/wetland, and areas disturbed during construction shall be seeded,
riprapped,or given some other type of protection to minimize subsequent soil erosion.
s i
Mr.Stephen Brooks
USACE Permit Application No.SWF-2012-00441
Attachment—Dredge and Fill Certification
Page 3 of 3
Any fill material shall be clean and of such composition that it will not adversely affect
the biological,chemical,or physical properties of the receiving waters.
13. Disturbance to vegetation will be limited to only what is absolutely necessary. After
construction, all disturbed areas will be revegetated to approximate the pre-
disturbance native plant assemblage.
14. Where the control of weeds, insects, and other undesirable species is deemed
necessary by the permittee, control methods which are nontoxic to aquatic life or
human health shall be employed when the activity is bated in or in close proximity to
water,including wetlands.
15. Concentrations of taste and odor producing substances shall not interfere with the
production of potable water by reasonable water treatment methods, impart
unpalatable flavor to food fish including shellfish, result in offensive odors arising
from the water,or otheim ise interfere with reasonable use of the water in the state.
16. Surface water shall be essentially free of floating debris and suspended solids that are
conducive to producing adverse responses in aquatic organisms, putrescible sludge
deposits,or sediment layers which adversely affect benthic biota or any lawful uses.
17. Surface waters shall be essentially free of settleable solids conducive to changes in flow
characteristics of stream channels or the untimely filling of reservoirs, lakes,and bays.
18. The work of the applicant shall be conducted such that surface waters are maintained
in an aesthetically attractive condition and foaming or frothing of a persistent nature is
avoided. Surface waters shall be maintained so that oil,grease,or related residue will
not produce a visible film of oil or globules of grease on the stuface or coat the banks
or bottoms of the watercourse.
19. This certification shall not be deemed as fulfilling the applicant's/perrnittee's
responsibility to obtain additional authorization/approval from other local, state, or
federal regulatory agencies having special/specific authority to preserve and/or
protect resources within the area where the work will occur.
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