HomeMy WebLinkAboutAUTHORITY TO USE GRANT FUNDS_UNKNOWNAuthority t0 Use
y
Texas General Land Office
Disaster Recovery Division
Grant Funds
3429 Executive Center Dr., Suite 150
Austin Texas 78731-1658
Louis R. Rigsby, Mayor
La Porte City Hall
604 W. Fairmont Parkway
La Porte TX 77571
We received your Request for Release of Funds and Certification, form IIUD-7015.15 on:
September 6, 2013
Your Request was for State Identification Number:
DRS220231-22354-1 GLO4: 12-484-000-6650
All oblectlons, if received, have been considered. And the minimum waiting period has transpired.
You are hereby authorized to use funds provided to you under the above HUD/Slate Identification Number.
Foe this form for proper record keeping, audll, and Inspection purposes.
This is to inform you that as of September 24, 2013 the City of La Porte is hereby authorized to use funds provided
to you under the above State Identification Number. The specific activities of this project identified below required a
fill Environmental Assessment under 24 CPR Part Sec. 58.36 Environmental Assessments and 58.40 Preparing the
Environmental Assessment.
Project/Activity:
5. Grantee shall install a storm sewer trunk system along 3rd Street from Fairmont Parkway to Main Street and along
H Street from 5th Street to the outfall of F216, Little Cedar Bayou, Including but not limited to clearing, utility
relocations, pavement reconstruction, and channel improvements to the 3rd Street Right-of-way ditch. The storm
sewer trunk system includes but is not limited to removal and replacement of storm sewer ranging In size from
twenty-four inches to one hundred fourteen inches (24 in. - 114 in.) or equivalent round size, concrete headwalls,
inlets, manholes, drain basins and make channel improvements to the receiving stream including widening, re-
shaping, and clearing. Grantee shall replace sidewalks and Include curb ramps, make utility adjustments, and remove
and replace signage. In addition, grantee shall alter the profile of the streets to accommodate the 100 year sheet flow,
construct new concrete pavement with curb, re ;construct driveways, and perform site work associated with
drainage Proposed improvements will significantly increase the
construction to convey storm water into the system.
system and reduce flooding. Construction shall take place along 31d Street from Main
capacity of the storm sewer
Street to Fairmont for approximately 4,700 linear feel in La Porte, Texas.
Mitigation Measures:
The activity must be in compliance with the NWP General/Regional Conditions, NWP-7 Outfall Structures, NWP 13-
Bank Stabilization, and utilize BMPs. Siting and construction should avoid and ininimize impacts to Coastal Natural
Resource Areas.
According to the documents provided by the City of La Porte, all conditions regarding the National Environmental
Policy Act for these activities have been met. If al I other special conditions have been met, the City of La Porte is
authorized to use 2008 Texas CDBG Disaster Recovery Supplemental Grant funds made available to the City of La
Porte by the Texas Disaster Recovery Program for the approved project activities.
The Texas Disaster Recovery Program is aware that a grant contract Performance Statement amendment could affect
this certification. Please be advised that this certification is only valid for the project description, as stated in the
current Performance Statement covered by this ERR. If the project description later changes as a result of an
amendment, a re-evaluation letter or new ERR may be required, thereby rendering this certification invalid.
Thank you for your efforts to ensure compliance with all federal, state and program requirements. If you have any
questions regarding environmental issues or if we can provide any further assistance, please do not hesitate to contact
the Disaster Recovery Program environmental team at 866-206-1084 or you can email Mike Montesano at
mtnontesano@HNTB.com.
Typed Name 8 Title of Aulhoraft Wear sI nature of Authorizinii Officer: Date SI ned:
Heather Lagrone
Manager, Disaster Recovery CDBG Grant ProgramCA 912 ( 3
Texas General Land Office
No Text
Request for Release of Funds and U.S. Department of (A310) OMB No. 2608-0087
Certification Housing and Urban (exp. 10131n014)
Development
Office of Community
Planning and Development
This form Is to be used by Responsible Entities and Recipients (as defined In 24 CFR 58.2) when requesting the
release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that
provide for the assumption of the environmental review responsibility by units of general local government and
Slates. Public reporting burden for this collection of Information is estimated to average 36 minutes per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of Information. This agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information unless that collection displays a valid OMB control
number.
Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity)
1. Program Tille(s) 2. HUD/State Identitication 13. Hecipient Ieenuncation
Community Development Block Gnat- Number: Number (optional)
Disaster Recovery Program DRS W: DRS220231 ERR N:DRS220231-22354-1
GLO #: 12-494-000-6650
A nxso r,rni. Mumhnrlal 5. Name and address of responsiblo entity
6. For information about this request, contact (name &
Louis R. Rigby, Mayor
phone number)
La Pone City Hall
604 W. Fairmont Parkway
Louis R. Rigby, Mayor
La Porte, Texas 77571
. City of Lo Pone
281.470.5011
6. HUD or State Agency and office unit to receive
7. Name and address of recipient (if different than
request:
responsible entity)
Disaster Recovery Program
3429 Executive Center Drive, Suite 150, Austin, Texas 78731-
1658
The reciptent(s) of assistance under the programs) listed above requests the release of funds and removal
of environmental grant conditions governin the use of the assistance for the following
9. Program Activity(ies)/Project Name(e)
10. Location (Street address, city, county, State)
City of La Porte Drainage Imprownicnls Project
3rd Street in La Porte, Harris County, Texas
11. Program Activity/Project Description (including grant amount)
Grantee shall install a storm server trunk system along 3i° Street from outfall structure south of Fairmont Parkway to Main Street, including
but not limited to Gearing, utility relocations, pavement reconstruction, and outfull reconstruction in the 3rd Street Right-of-way ditch. The
storm sewer trunk system includes but is not limited to removal and replacement or reinforced concrete pipe (RCP) storm sewer ranging in
size from [twenty-four inches to ninety-six inches (24 in. -96 in.) or equivalent round size, the installation of reinforce concrete box (RCB)
storm sewer ranging in size from nine feel by seven feet to ten feel by eight feet (9 R x 7 R. -10 A. x 8 R) concrete headwalls, inlets,
manholes, drain basins and outfell reconstruction. Grantee shall replace sidewalks and include curb ramps, make ul0ity adjustments, and
remove and replace signage. In addition, grantee shall alter the profile of the streets to accommodate the 100 year sheet flow, construct new
concrete pavement with curb, rc-construct driveways, and perform site work associated with construction to convey storm water into the
drainage system. Proposed improvements will significantly increase the capacity of the storm sewer system and reduce flooding. These
activities shall benefit she tlmusnnd eight hundred sixteen (1,816) persons, of which nine hundred forty-six (946), or finy-Iwo percent (52%),
we of low to moderate income.
Slorm sewer system, street, and drainage repairs arc scheduled to starl in September 2013 and will be completed by December 2013. Total
cost under grant is $4,721,465 to be funded solely by CDBG.
Condiliom: The activity most be in compliance with the Nationwide Permit (NWP) Genaal/Regional Condilions, NWP 7-Odfall
Structures, NWP 13- Bank Stabilization, mid utilize but management practices (BMPs). Siting and construclion should avoid and minimize
impacts to CoasW Natural Resource Arcas, farm HUD-7076.16 (7/BO)
Previous odiLbn9 oro obsolete Pago 1 or 2 —
Part 2. Environmental Certification (to be completed by responsible entity)
With reference to the above Program Activity(les)/Project(s), I, the undersigned officer of the responsible entity,
certify that:
1. The responsible entity has fully carded out Its responsibilities for environmental review, decision -making and
2. The responsible entity has assumed responsibility for and compiled with and will continue to comply with, the
National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements
and statutory obligations of the laws pled In 24 CFR 58.5; and also agrees to comply with the authorities In 24 CFR
for the proposed project described In Part 1 of this request, 1 have found that the proposal (J did N did not
4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55
a notice to the public In accordancewith 24 CFR 58.70 and as evidenced by the attached copy (copies) or
evidence of posting and mailing procedure.
5. The dales for all statutory and regulatory time periods for review, comment or other action are In compliance
with procedures and requirements of 24 CFR Pan 58.
6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (If different from the
responsible entity) of any special environmental conditions that must be adhered to In carrying out the project.
As the duly designated certifying official of the responsible entity, I also certify that:
7. lam authorized to and do consent to assume the status of Federal official under the National Environmental
Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities Insofar
as the provislorm of these laws apply to the HUD responsibilities for environmental review, decision -making and
action that have been assumed by the responsible entity.
8. 1 am authorized to and do accept, on behalf of the recipient personalty, the jurisdiction of the Federal courts for
the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity.
Louis
Lo Porte City Hell
604 W. Fairmont Parkway
La Porte Texas 77571
. Part 3 To be completed when the Recipient Is not the Responsible Entity
The recipient requests the release of funds for the programs and activities Identified In Part 1 and agrees to abide
by the special conditions, procedures and requirements of the environmental review and to advise the responsible
entity of any proposed change in the scope of the project or any Grange In environmental conditions In accordance
Signature of Authorized Officer of the Recipient I Name & Title of Authorized Officer
Date signed
Waming: HUD will prosecute false dabm and statements. conviction may result In virn0ud andror civil pormiuw. (15 U.S.C. 1001, 1010, 1012;
31 U.S.C. 3729. 3802)
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REVISION NO DES BV
tiCAry Not to Scale DR BY " 6h/29/13 FIGURE
FIE CIQ BY um B�1
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Early Notice and Public Review of a Proposed Activity in a 100-Year Floodplain
To: All interested Agencies, Groups and Individuals
This is to give notice that the City of La Porte has conducted an evaluation as required by Executive Order
11988, in accordance Wth HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making
Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain
and wetland will have on the human environment for the Disaster Recovery Program (DRP), being
administered by the Texas General Land Office (GLO), under DR9220231-22354-1, proposes the following
drainage improvement projects to be located within the 100-year floodplain. Proposed improvements will
significantly increase the capacity of the storm sewer system and reduce flooding. The project Involves a
maximum of 0.16 acres floodplain (Zone AE) within existing ROW is involved. The proposed project is
located along 3rd St from Main St to an oufall structure south of Fairmont Pkwy in La Porte, Harris County.
Grantee shall install a stone sewer trunk system along 3,d St from outfall structure south of Fairmont Pkwy
to Main St, including but not limited to clearing, utility relocations, pavement reconstruction, and outfall
reconstruction In the 3rd Street Right-of-way ditch. The storm sewer trunk system includes but Is not limited
to removal and replacement of RCP storm sewer ranging In size from 24 in. — 96 in. or equivalent round
size, the installation of RCB storm sewer ranging in size from 9 ft. x 7 R. —10 ft. x 8 ft., concrete headwalls,
inlets, manholes, drain basins and outfall reconstruction. Grantee shall replace sidewalks and include curb
ramps, make utility adjustments, and remove and replace signage. In addition, grantee shall alter the profile
of the streets to accommodate the 100 year sheet flow, construct new concrete pavement with curb, re-
construct driveways, and perform site work associated with construction to convey storm water into the
drainage system.
There are three primary purposes for this notice. First, people who may be affected by activities in
floodplains and those who have an interest in the protection of the natural environment should be given an
opportunity to express their concerns and provide information about these areas. Second, an adequate
public notice program can be an important public educational tool. The dissemination of information about
floodplains can facilitate and enhance Federal efforts to reduce the risks associated with the occupancy
and modification of these special areas. Third, as a matter of fairness, when the Federal government
determines it will participate in actions taking place in floodplains, ft must inform those who may be put at
greater or continued risk.
Written comments must be received by the City of La Porte at the following address on or before May 31:
City of La Porte, 604 West Fairmont Pkwy, La Porte, Texas, 77571 and 281A71.5020, Attention: Louis
Rigby, Mayor, during the hours of 8 AM to 5PM, Mon. -Fri. Comments may also be submitted via email at
mayorsoffice@lapoaetx.gov.
Date: May 16, 2013.
Applicant Name: URS
La Porte EFPN 1.1
Early Notice and Public Review of a Proposed Activity in a 100-Year Floodplain
AFFIDAVIT OF PUBUCATON
Before me, the undersigned authority, on this day personally appeared
REBECCA COLLINS who being by'me duly sworn, deposes
(name gfperson representing newspaper)
and says that(s)he is
of the BAY AREA OBSERVER that this newspaper is a newspaper of
(name of newspaper)
largest circulation in HARRIS County, Texas or is
(name 0cwunty)
a newspaper of general circulation in LA PORTE
(name gf municipality)
Texas; and that the enclosed notice was published in said newspaper on the following date(s):
Subscribed and sworn to before me this th' dayofCDAIA
(Seal) Notary Rib 'e in and for the State of Texas
6•�:� SiEPHANIE DAUNE JEUDE ( ������ •Y.U.`Ll_�:.�C
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i My Commbslon Exptres
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Eight -Step Planning Process for Floodplains
City of LaPorte Drainage Improvements Project
Step 1: Determine whether the Proposed Action is
located in the 100-year floodplain (500-year
floodplain for critical actions), and whether it has
the potential to affect or be affected by a floodplain.
Project Analysis: According to FEMA FIRM
Community Panel No. 48201C0945L, effective date
June 18, 2007, approximately 0.1 G acres of the
southern terminus of the project along 3'" Street is
located in Zone A, the 100-year floodplain. The
purpose of the project is to alleviate existing flooding
problems in La Porte.
Step 2: Notify public at earliest possible time of the
Project Analysis: An Early Notice and Public Review
intent to carry out an action in a floodplain, and
of a Proposed Activity in a 100-Year Floodplain for
involve the affected and interested public in the
the project was published in the Bay Area Observer on
decision -making process.
May 16, 2013. In addition, a Notice ofIntent to
Request Release ofFunds will be published in a local
'
or regional newspaper of general circulation when the
Environmental Record Review (ERR) is complete and
will 'initiate a 7-day public comment period for the
project.
Step 3: Identify and evaluate practicable
Project Analysis: The Applicant considered the
alternatives to locatingtheProposed Action in a
following alternatives in selecting die proposed
floodplain.
action:
No Action Alternative: If the proposed
improvements are not made, city streets may be
submerged by flood waters that overwhelm the
existing drainage system and cause primary
access roads for the area to fail to function during
heavy storm events. The failure of roads to
function will threaten the public health, safely,
and welfare of all served by the roads due to
standing water on the roads and impeded
emergency vehicle access.
Proposed ActionAlteiwative: The city is in need of
adequately -sized drainage to channel water away from
"
businesses and residential areas during rainfall events.
Under the proposed action alternative, the drainage
improvements will reduce flooding and improve
emergency access to the affected areas. The following
construction is proposed:
Grantee shall install a storm sewer trunk system
along 3nd Street from outfall structure south of
Fairmont Parkway to Main Street, including but
not limited to clearing, utility relocations,
pavement reconstruction, and outfall
reconstruction in the 3rd Street Ri l-of-wa ditch. h
Step 4: Identify the full range of potenuat mrect or
indirect impacts associated with the occupancy or
modification of floodplains, and the potential direct
and indirect support of floodplain development that
could result from the Proposed Action.
Stcp 5: Minimize the potential adverse impacts
from work within floodplains (identified under Step
4), restore and preserve the natural and beneficial
values served by the floodplain.
Step 6: Reevaluate the Proposed Action to
determine: 1) if it is still practicable in light of its
exposure to flood hazards; 2) the extent to which it
will aggravate the hazards to others; 3) its potential
to disrupt floodplain values.
The storm sewer trunk system includes but is not
limited to removal and replacement of reinforced
concrete pipe (RCP) storm sewer ranging in size
from twenty-four inches to ninety-six inches (24
in. — 96 in.) or equivalent round size, the
installation of reinforce concrete box (RC13) storm
sewer ranging in size from nine feet by seven feet
to ten feet by eight feet (9 ft. x 7 ft. —10 ft. x 8 ft.)
concrete headwalls, inlets, manholes, drain basins
and outfall reconstruction. Grantee shall replace
sidewalks and include curb ramps, make utility
adjustments, and remove and replace signage. In
addition, grantee shall alter the profile of the
streets to accommodate the 100 year sheet flow,
construct new concrete pavement with curb, re-
construct driveways, and perform site work
associated with construction to convey storm
water into the drainage system. Proposed
improvements will significantly increase the
capacity of the storm sewer system and reduce
flooding.
Other Alternatives: An additional drain line and
outfall was proposed along H Street; but added too
much expense to the project The outfall cannot be
moved out of the floodplain; existing drainage
channels and oulfalls are undersized and they must be
improved to accommodate storm water from large rain
events. No other practicable alternatives were
identified.
Project Analysis: The proposed project is not
anticipated to adversely impact the floodplain. Plow
to the downstream HCPCD will be increased during
rain events. The project is not likely to result in the
increased occupancy or modification of floodplains;
rather the proposed project will provide for improved
sewer services to existing communities dining storm
events.
Project Analysis: The proposed project will occur
within an already urbanized area within the City of La
Porte and is not anticipated to adversely impact the
floodplain. The project involves the replacement of
an open drainage system with a sub -surface system.
Project Analysis: The proposed project remains
practicable in light of its exposure to flood hazards.
The goal of the project is to reduce flooding hazards
and roadway closures, which will reduce floodplain
hazards to others. The proposed action has no
notentials to disrupt floodplain values; no natural
floodplain will be converted.
Step 7: If the agency decides to take an action in a
Project Analysis: It is our determination that there is
floodplain, prepare and provide the public with a
no practicable alternative for locating the project
finding and explanation of any final decision that
outside the floodplain. This is due to the functional
the floodplain is the only practicable alternative.
dependence of the storm water system to local
The explanation should include any relevant factors
drainageways and the potential for the project to
considered in the decision -making process.
mitigate and minimize impacts on human health,
public property, and floodplain values.
A final notice will be published detailing the reasons
why the modified project must be located in the
floodplain, a list of alternatives considered, and all
mitigation measures taken to minimize adverse
impacts and preserve natural and beneficial floodplain
values.
Step 8: Review the implementation and post-
Project Analysis: This step is integrated into the
implementation phases of the Proposed Action to
NEPA process and GLO project management and
ensure that the requirements of the EOs are fully
oversight functions.
implemented. Oversight responsibility shall be
integrated into existing processes.
COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND
INTENT TO REQUEST RELEASE OF FUND- AND FINAL NOTICE AND PUBLIC EXPLANATION OF A
PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN
July 18, 2013
La Pole City Hall
Louis R. Rigby, Mayor
604 West Fairmont Parkway
La Porte, Texas 77571
281-471-5020
This Notice shall satisfy the above -cited separate but related procedural notification requirements
To: Ali interested Agencies, Groups and Individuals
REQUEST FOR RELEASE OF FUNDS (RROF)
On or about August 5, 2013, the City of La Porte will submit a request to the General Land Office for the release of
Community Development Block Grant (CDBG) Program for 2008 Supplemental Disaster Recovery Funds under
Section 104(f) of Title I of the Housing and Community Development Act of 1974 as amended, to undertake the
following project:
Project Title; La Porte Drainage Improvements Project (DRS220231-22354-1)
Purpose: To Increase the capacity of the storm sewer system and reducing flooding
Location: Along 3rd St from Main St to oulfall structure south of Fairmont Parkway, in La Porte, Texas
Project Description: Grantee shall install a storm sewer trunk system along 31"'Sheet from outfail structure south of
Fairmont Parkway to Main Sheet, Including but not limited to clearing, utility relocations, pavement reconstruction,
and outfall reconstruction In the 3" Street Right-ol-way ditch. The storm sewer trunk system includes but is not
limited to removal and replacement of reinforced concrete pipe (RCP) storm sewer ranging in size from twenty -lour
Inches to ninety-six inches (24 in. — 96 in.) or equivalent round size, the installation of reinforce concrete box (RCB)
storm Sevier ranging in size from nine feel by seven feet to ten feet by eight feel (9 ft. x 7 ft. —10 0. x 8 ft.) concrete
headwalls, inlets, manholes, drain basins and oulfall reconstruction. Grantee shall replace sidewalks and include
curb ramps, make utility adjushnents, and remove and replace signage. In addition, grantee shag alter the profile of
the streets to accommodate the 100 year sheet flow, construct new concrete pavement with curb, re -construct
driveways, and perform site work associated with construction to convey storm water into the drainage system.
Proposed improvements will significantly increase 0re capacity of the storm sewer system and reduce flooding.
Project Issues: A portion of the project (0.16 acres) is located within the 100 year fleodplain.
Estimated Project Cost: 54,721,465 to be funded solely by CDBG.
FINDING OF NO SIGNIFICANT IMPACT
The City of La Porte has determined that the project will have no significant impact on the human environment.
Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not
required. Additional project Information Is contained In the Environmental Review Record (ERR) on foe at City of La
Pale, 604 West Fairmont Parkway, La Porte, Texas, 77571 and may be examined or copied weekdays 8 AM to 5
PM.
FINAL NOTICE AND PUBLIC EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN
This is to give notice that City of La Porte has conducted an evaluation as required by Executive Order 11988, in
accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplaln
Management, to determine the potential affect that its activity in the floodplain will have on the human environment
for the Disaster Recovery Program (DRP) under Contract No. DRS220231-22354-1. A portion of the project (0.16
acres) is located within the 100 year floodplain (Zone AE).
La Porte has considered the following allernalives to building in the floodplain and has determined that it has no
practicable alternative. An additional drain fine and oulfall was proposed along H Street; but added too much
expense to the project. The oulfall cannot be moved out of the floodplain; existing drainage channels and outfalls are
undersized and they must be Improved to accommodate storm water from large rain events. No other practicable
alternatives were identified. The proposed storm system is functionally dependent to local drainageways. The project
is not likely to result In the Increased occupancy or modification of floodplains; rather the proposed project will provide
for improved emergency services and flood alleviation to communities during storm events.
Environmental files that document compliance with steps 3 through 6 of EO 11988- measures to be taken to
minimize adverse impacts and to restore and preserve natural and beneficial values of floodplains. This activity will
have no significant impact on the environment for the following reasons: The project Involves modifying an existing
drainage system and will accommodate floodplain regulations. All work Will be confined to the existing ROW.
There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and
those who have an Interest In the protection of the natural environment should be given an opportunity to express
their concerns and provido Information about these areas. Second, an adequate public notice program can be an
important public educational tool. The dissemination of information about floodplains can facilitate and enhance
Federal efforts to reduce the risks associated with the occupancy and modification of these special areas. Third, as a
matter of fairness, when the Federal government determines it will participate in actions taking place in floodplains, it
must inform those who may be put at greater or continued risk.
PUBLIC COMMENTS
Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may
submit written comments to the City of La Porte. All comments received by August 2, 2013 will be considered by the
City of La Porte prior to authorizing submission of a Request for Release of Funds. Comments must be submitted to:
Louis Rigby, Mayor, City of La Porte, 604 West Fairmont Parkway, La Porte, Texas, 77571, weekdays during the
hours of 8 AM to 5 PM. Comments may also be submitted via email at mayorsoffice@laporletx.gov. Commenters
should specify which part of this Notice they are addressing.
RELEASE OF FUNDS
The City of Alvin certifies that Louis Rigby in his capacity as Mayor consents to accept the jurisdiction of the Federal
Courts If an action is brought to enforce responsibilifies In relation to the environmental review process and that these
responsibilities have been satisfied. GLO's approval of the certification satisfies Its responsibilities under NEPA and
related laws and authorities, and allows the City of La Porte) to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
The General Land Office will consider objections to its release of funds and City of La Porte ceriificalion received by
August 20, 2013 or for a period of fifteen days following Its actual receipt of the request (whichever is later) only if
they are on one of the following bases: (a) the certification was not executed by the Certifying Officer or other officer
of City of La Porte; (b) City of La Porte has omitted a step or failed to make a decision or finding required by HUD
regulations at 24 CFR Part 58: (c) the grant recipient or other participants in the project have committed funds or
Incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by the General Land Office; or
(d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is
unsatisfactory from the standpoint of environmental quality. Objections must bo prepared and submitted in
accordance viith the required procedures (24 CFR Part 58) and shall be addressed to the Disaster Recovery
Program, Environmental Regulatory Officer at 3429 Executive Center Drive, Suite 150, Austin, Texas 78731-1658.
Potential objectors should contact the Disaster Recovery Program to verify the actual last day of the objection period.
Applicant Name: URS
LaPorte Combined FFPN_RROF IA
COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND
INTENT TO REQUEST RELEASE OF FUND - AND FINAL NOTICE AND PUBLIC
EXPLANATION OF A PROPOSED ACTIVITY IN A 100-YEAR FLOODPLAIN
AFFIDAVIT OF PUBLICATON
COUNTY OF HARRIS 5
Before me, the undersigned authority, on this day personally appeared
REBECCA COLLINS who being by me duly sworn, deposes
(name gfperson representing newspaper)
and says that (s)he is the PUBLISHER
(title gfperson representing newspaper)
of the BAY AREA OBSERVER that this newspaper is a newspaper of
(name of newspaper)
largest circulation in HARRIS County, Texas or is
(name of county)
a newspaper of general circulation in LA PORTE
(name gfmunicipality)
Texas; and that the enclosed notice was published in said newspaper on the following date(s):
Subscribed and sworn to before me this the . day of;QLA.sL' r>2-
ao.�.
t�j Nota and for the State of Texas
STEPHANIE DAUNE AM �
° Notary Public, State of Texas
�d'.?&.;, My Commisslon Dotes
Ap}II 20,.201 a Print or Name of Notary Public
My Commission Expires 12.
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U.S. ARMY CORPS OF ENGINEERS
MB APPROVAL NO.0710-0003
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
[EXPIRES:28 FEBRUARY 2013
33 CFR 325. The proponent agency is CECW-CO-R.
Public reporting for [No collection of Information Is estimated to average 11 hours per response, Including the tbno for reviewing Instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and revlevNg the collection of INorn a ian. Sand comments regarding
this burden estimate or any other aspect of the coliedlon of Information, Including sug9eellons for reducing Ihis burden. to Department of Defense,
Washington Hoadquaaers, Executive SeMces and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710.0003): Respondents should be aware that nnobvithstanding any other prevision of law, no person shall be
subject to any penalty for failing to comply vAth a coffeclion of Information If It does not display a curently valid OMB control number. Plans DO NOT
RETURN yaw form to elther of those addresses. Completed applications must be submitted to the District Engineer having judsdlati0n over the location of
the proposed activity.
PRIVACY ACT STATEMENT '
Authorities: Rivers and Harbors Ad, Section 10, 33 USC 403; Clean Water AG, Section 404, 33 USC 1344; Marine Protection, Research. and Sanctuaries
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320.332. Principal Purpose: Information provided on
this form will be used In evaluating the application far a permil. Routine Uses: This Information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and may be made available as pan of a public notice as required by Federal law. Submisslon
of requested Information is voluntary, hawaver, II Information Is rot provided the permit application cannot be ovalustod nor can a pernt be Issued. One set
of origtnhl drawings or good reproducible copies which show the ioca9on and character of the proposed activity must be attached to this application lase
samplo dmvAngs snd or Instructions) and be subndttea to the District Engineer having jurisdiction over the location of the proposed actNtty. An application
that Is not completed In full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
12. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICAN7)
8. APPLICANTS NAME
8. AUTHORIZED AGENTS NAME AND TITLE (agent Is not required)
FirstMiddle- Lost -(jac�d.:
First -�Pd{�1 Middle- Last-�Y�
Company- C.'rty � 1•.aPorim- :
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8. APPLICANTS ADDRESS:
9. AGENT'S ADDRESS:
Address -
bCp0`I UJ, �a11•f�tolti�' ��tt;F+LVdIt� .-.
':Addrent 1:�1343� NW Toil .
city - `a\7 State( ZIP-'J3SJ I Country-
City- NOAS�VDA Blois -�x ZIP -1j'40\0ountry-
7. APPLICANT'S PHONE NOs. YdAREA CODE
W. AGENTS PHONE NOs. WAREA CODE
a. Residence b. Business c. Fax
a. Residence b. Business c. Fax
STATEMENT OF AUTHORIZATION
11. 1 hereby aulhorizo, C F to act In my behalf u my agent In the precowing of this application and to fumish, upon request,
supplemental Information In support o s PMMR application.
SIGNATURE OF APPLICANT
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see Instructions)
13. NAME OF WATERBODY, IF HNO (If applcable)
C'f+ Ctia11Ye1 u &ArCAVA i'Ft L t
14. PROJECT STREET ADDRESS (If applicable)
dress 3�� S� �F Vd%(-MOV`t� PC?V-I wczy
city Stale- Zlp• '
d8. LOCATION OF PROJECT
Latitude:•N Qc(°3 4Dq, 5rI Longitude:•W W01";i0mrA
10. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see Instnm8ons)
Q
Stele Tex Forest ID Municipality C.ri'i3 pt ,,p u%etL°, {` w)
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Section - Township - Range -
ENO FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE . Page 1 or J
DEPARTMENT OF THE ARMY
GALVESTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1229
GALVESTON, TEXAS 77553-1229
June 24, 2013
Evaluation Section
SUBJECT: Permit No. SWG-2013-00419; Nationwide Permit Verification
Julian Garza
City of La Forte
604 West Fairmont Parkway
La Porte, Texas 77571-6215
Dear Mr. Garza:
This is in reference to your request, dated May 10, 2013, submitted on your behalf by
CobbFendley, to discharge 50 cubic yards of material into 0.02 acre of the channel during the
replacement of 20 linear feet of existing stout sewer pipe. This request is verified pursuant to
Section 404 of the Clean Water Act. The project site is located in a tributary to Little Cedar
Bayou, near the intersection of P Street and Fairmont Parkway, in LaPorte, Harris County,
Texas.
The pipeline replacement is authorized under Nationwide Permit (NWP) 7. NWP 7
authorizes the construction of outfall structures and associated intake structures. The placement
of fill material is authorized under NWP 13. NWP 13 authorizes bank stabilization activities
necessary for erosion protection. These NWP verifications are valid provided the activities are
compliant with the enclosed NWP General/Regional Conditions and the Texas Commission on
Environmental Quality's Best Management Practice Guidelines.
These NWP verifications are valid until the NWPs are modified, reissued or revoked. All of
the existing NWPs are scheduled to be modified, reissued or revoked prior to March 19, 2017. It
is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to
commence these activities before the date that the relevant NWPs are modified or revoked, you
will have 12 months from the date of the modification or revocation of the NWPs to complete
the activities under the present terms and conditions of these NWPs. A copy of your plans in 3
sheets is enclosed.
The impacts to waters of the United States (U.S.) associated with these NWP verifications
are based on a preliminary jurisdictional determination (JD) for your subject site. If you wish,
you may request an approved JD, which may be appealed, by submitting a written request to us
within 30 days from the date of this letter. Please note that if you request an approve JD and
then decide to appeal it, the appeal will not be accepted if any work has started in waters of the
U.S. or that would alter the hydrology of waters of the U.S.
-2-
If you have any question regarding these verifications, please contact Chelsea Desforges at
the letterhead address or by telephone at 409-766-3120. Please notify the Chief of the
Compliance Section in the Galveston District Regulatory Branch, in writing at the letterhead
address, upon completion of the authorized project.
FOR THE DISTRICT COMMANDER:
Janet Thomas Botello
Leader, North Evaluation Unit
Enclosures
Copies Furnished:
Texas General Land Office, La Porte, TX
Texas General Land Office, Austin, TX
U.S. Fish and Wildlife Service, Houston, TX
Houston/Galveston Resident Office, Galveston, TX
Beath Lyle, CobbFendley, 13430 Northwest Fwy., Houston, TX 77040-6000
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FIGURE 1— VICINITY MAP FOR LA PORTE 3RD STREET OUTFALL
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10 May 2013
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DEPARTMENT OF THE ARMY
OALVESTON DISTRICT, CORPS OF ENGINEERS
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June 24, 2013
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Evaluation Section
SUBJECT: Permit No. SWG-2013-00419; Nationwide Permit Verification
Julian Garza
City of La Porte
604 West Fairmont Parkway
Lu Porte, Texas 77571-6215
Dear Mr. Garza:
This is in reference to your request, dated May 10, 2013, submitted on your behalf by
CobbPendley, to discharge 50 cubic yards of material into 0.02 acre of the channel during the
replacement of 20 linear feet of existing storm sewer pipe. This request is verified pursuant to
Section 404 of the Clean Water Act. The project site is located in a tributary to Little Cedar
Bayou, near the intersection of 3 a Street and Fairmont Parkway, in La Porte, Hams County,
Texas.
The pipeline replacement is authorized under Nationwide Permit (NWP) 7. NWP 7
authorizes the construction of outfall structures and associated intake structures. The placement
of fill material is authorized under NWP 13. NWP 13 authorizes bank stabilization activities
necessary for erosion protection. These NWP verifications are valid provided the activities are
compliant with the enclosed NWP General/Regional Conditions and the Texas Commission on
Environmental Quality's Best Management Practice Guidelines,
These NWP verifications are valid until the NWPs are modified, reissued or revoked. All of
the existing NWPs are scheduled to be modified, reissued or revoked prior to March 19, 2017. It
is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to
commence these activities before the date that the relevant NWPs are modified or revoked, you
will have 12 months from the date of the modification or revocation of the NWPs to complete
the activities under the present terms and conditions of these NWPs. A copy of your plans in 3
sheets is enclosed.
The impacts to waters of the United States (U.S.) associated with these NWP verifications
are based on a preliminary jurisdictional determination (JD) for your subject site. If you wish,
you may request an approved JD, which may be appealed, by submitting a written request to us
within 30 days from the date of this letter. Please note that if you request an approve JD and
then decide to appeal it, the appeal will not be accepted if any work has started in waters of the
U.S. or that would alter the hydrology of waters of the U.S.
-2-
If you have any question regarding these verifications, please contact Chelsea Desforges at
the letterhead address or by telephone at 409-766-3120'. Please notify the Chief of the
Compliance Section in the Galveston District Regulatory Branch, in writing at the letterhead
address, upon completion of the authorized project.
FOR THE DISTRICT COMMANDER:
Janet Thomas Botello
Leader, North Evaluation Unit
Enclosures
Copies Famished:
Texas General Land Office, LaPorte, TX
Texas General Land Office, Austin, TX
U.S. Fish and Wildlife Service, Houston, TX
Houston/Galveston Resident Office, Galveston, TX
Heath Lyle, CobbFendley,13430 Northwest Fwy., Houston, TX 77040-6000
Ity of La Porte
0 May 2013
'acre 1 of 3
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FIGURE 1— VICINITY MAP FOR LA PORTE 3RD STREET OUTFALL
SWG-2013-00419
City of La Porte
10 May 2013
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10 May 2013
Page 3 of 3
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NATIONWIDE PERMIT (NWP) REGIONAL CONDITIONS
FOR THE STATE OF TEXAS
Tile followine re0onal conditions apply within tho entire State of Texas:
1. Compensatory mitigation is requited at a minimum one -for -one ratio for all special
aquatic site losses that exceed 1/10 acro and require pre -construction notification (PCN),
and for all Losses to streams that exceed 300 linear feet and require PCN, unless the
appropriate 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.
2. For all discharges proposed for authorization under nationwide permits (NWP) 3, 6, 7,
12, 14, 18, 19, 25, 27, 29, 39, 40, 41, 42, 43, 44, 51, and 52, into the following habitat
types or specific areas, the applicant shall notify the appropriate District Engineer in
accordance with the NWP General Condition 31, Pre-Corrshvction Notification (PCN).
The Corps of Engineers (Corps), except for the Tulsa District, will coordinate with the
resource agencies as specified in NWP General Condition 31(d) (PCN). The habitat
types or areas are:
a. Pitcher Plant Bogs: Wetlands typically characterized by an organic surface soil
layer and include vegetation such as pitcher plants arr ceni sp.), sundews Drosera
sp.), and sphagnum moss (Sphagnilin sp.).
b. Bald Cypress -Tupelo Swamps: Wetlands comprised predominantly of bald
cypress trees a o ' ich m , and water tupelo trees 1Nvssa a tic , that are
occasionally or regularly flooded by fresh water. Common associates include red maple
Acer rubrum , swamp privet QLorestiera acuminate , green ash xinus pennsylvanica)
and water elm lane • aquatics). Associated herbaceous species include lizard's tail
a ruru eruu , water mermaid weed (Promo =inaca spp.), buttonbush (Cenhalanthas
occidentalis) and smartweed (kolygonum spp.). (Eyre, F. H. Forest Cover Types of file
United States and Canada. 1980. Society of American Foresters, 5400 Grosvenor bane,
Bethesda, Maryland 20814-2198. Library of Congress Catalog Card No. 80.54185)
3. For all activities proposed for authorization under NWP 12 that involve a discharge of
fill material associated with mechanized land clearing in a forested wetland, the applicant
shall notify the appropriate District Engineer in accordance with the NWP General
Condition 31 (Pre -Construction Notification) prior to commencing the activity.
4. For all activities proposed for authorization under NWP 16, the applicant shall notify
the appropriate District Engineer in accordance with the NWP General Condition 31
(Pre -Construction Notification), and work cannot begin under NWP 16 until the applicant
has received written approval from the Corps.
NWP Regional Conditions, Texas. 9 March 2012
The followine reeimnal conditions apply only wlthhi the Fort Worth District in the
State_ of Texas:
5. For all discharges proposed for authorization under all NWPs, into the area of Caddo
Lake within Texas that is designated as a "Wetland of International Importance" under
the Ramsar Convention, the applicant shall notify the Port Worth District Engineer in
accordance with the NWl? General Condition 31. The Corps will coordinate with the
resource agencies as specified in NWP General Condition 31(d) (Pre -Construction
Notification),
6. For all discharges proposed for authorization under NWP 43 that occur in forested
wetlands, the applicant shall notify the Fort Worth District Engineer in accordance with
the General Condition 31 (Pr•c-Conslruction Notification).
7. For all discharges proposed for authorization under any nn6onwido permit in Dallas,
Denton, and Tarrant Counties that arc within the study area of the "Final Regional
Environmental Impact Statement (EIS), Trinity River and Tributaries" (May 1986), the
applicant shall meet the criteria and follow the guidelines specified in Section III of the
Record of Decision for the Regional EIS, including the hydraulic impact requirements. A
copy of these guidelines is available upon request from the Fort Worth District and at the
District website wvw.swfusace.army.mit (select "Permits").
8. Federal Projects, The applicant shall notify the Forth Worth District Engineer in
accordance with the NWP General Condition 31, Pre -Construction Notification (PCN)
for any regulated activity where the applicant is proposing work that would result in the
modification or alteration of any completed Corps of Engineer projects that are either
locally or federally maintained and for work that would occur within the conservation
pool or flowage easement of any Corps of Engineers lake project. PCN's cannot be
deemed complete until such time as the Corps has made a determination relative to 33
USC Section 408, 33 CFR Part 208, Section 208.10, 33 CFR Part 320, Section 320.4.
9. hrvasive and Exotic Species. Best management practices are required where
practicable to reduce the risk of transferring invasive plant and animal species to or from
project sites. Infornation concerning state specific lists and threats can be found at:
httm://www.iuvasivespeciesinfopov/unitedstates/tx.shtm]. Best management practices
can be found at: tt •//www invasivospmiosinfo.fzov/toolkiVprcvontion.shtml. Known
zebra mussel waters within can be found at: http•//nas.er.nsr s.mv/gueries/7mbygt.asp.
10. For all discharges proposed for authorization under NWPs 51 and 52, the Corps will
provide the PCN to the US Fish and Wildlife Service as specified in NWP General
Condition 31(d)(2) for its review and comments.
NWP Regional Conditions, Texas. 9 March 2012
The s flowing regional conditions anuly only within the Galveston District hn the
State of Texas:
11, Nationwide permit (NWP) 12 shall not be used to authorize discharges within 500
feet of vegetated shallows and coral reefs; as defined by 40 CFR 2A43 and 230.44
respectfully. Examples include, but not limited to: seagrass beds, oyster reefs, and coral
reefs.
12. For all 3-1) seismic testing activities proposed for authorization under NW P 6, the
applicant shall notify the Galveston District Engineer in accordance with the NWP
General Condition 31 (Pre -Construction Notification). The pre -construction notification
must state the time period for which the temporary fill is proposed, and must include a
restoration plan for the special aquatic sites. 3-D seismic testing will not be authorized
under NWP 6 within the Cowardin Marine System, Subtidal Subsystem; as defined by
the U.S. Fish and Wildlife, Classification of Wetlands and Deepwater Habitats of the
United States, December 1979/Reprinted 1992.
13. All NWPs, except NWP 3, shall not be used to authorize discharges into mangrove
marshes. Mangrove marshes are dominated by mangroves (Avicenna sp. and
Rhizophora spJ. (Preliminary Guide to Wetlands of the Gulf Coastal Plain. 1978.
Technical Report - U.S. Army Engineer Waterways Experiment Station: Y-78-5. P.O.
Box 631, Vicksburg, Miss. 39180)
14. All NWPs , except NWP 3, shall not be used to authorize discharges into the
following waters of the United States within the coastal zone of Texas: Coastal Dune
Swales, "wetlands and other waters of the United States that are formed as depressions
within and among multiple beach ridge barriers, dune complexes, or dune areas adjacent
to beaches fronting the tidal waters of the Gulf of Mexico and adjacent to the tidal waters
of bays and estuaries. Coastal dune swales are generally comprised either of
impermeable muds that act as reservoirs which collect precipitation or of groundwater
nourished wetlands in sandy soils. As such, they generally have a high fiesh to brackish
water table. Vegetation species characteristically found in coastal dune swales include
but are not limited to marshhay cordgrass (812artina patens), gulfluno paspalum
(Paspalum monostachyym)I bulrush &iMus spp.), seashore paspalum (Paspalum
yagingLum), common reed (Phragmites australis , groundsol bush (Baccharis h limifo is ,
rattlebush Sesbania drummondii), camphor weed Pluchea camuhorata), smartweed
(Polvaonunm spp,), water hyssop (Bacons onnier' , cattail (lyphA spp.), umbrella sedge
(gWgULs spp,), softrush (Juneus spp.), sedge (Care& spp), beakrush (Rhynchospora
spp.), frog-fiuit (Phyla spp.), duckweed (Lemna spp.), buttonweed (Diodia vir ing ianal;
mist flower QuRatorium coelestinum), creeping spotflower (Acmelhi ovpositifolia var.
e ens , pennywort (Flvdrocotvle spp.), and bushybluestem (Andropo on loner ).'
(U.S. Fish and Wildlife Service, Houston, Texas, and the Texas General Land Office,
Austin, Texas).
NWP Regional Conditions, Texas. 9 March 2012
15. For all discharges and work proposed in tidal waters under NWPs 14 and 18 the
applicant shall notify the Galveston District Engineer in accordance with the NWP
General Condition 31 (Pre -Construction Notification). The Corps will coordinate with
the National Marine Fisheries Service in accordance with NWP General Condition 31(d)
(Pre -Construction Notification).
16. For all work in the San Jacinto River Waste Pits (SJWP) Area of Concern (AOC),
authorized under a NWP, requires a waiver from the Galveston District Engineer. The
applicant shall notify the Galveston District Engineer (DE) in accordance with the NWP
General Condition 31, Pre -Construction Notification (PCN). Tlus PCN shall be used to
review the project to determine if it will result in more than minimal effects to the region,
and does not lesson the restriction provided by any General Condition of theNWPs. The
applicant must receive written approval, including a waiver from the Galveston DE prior
to starting work in jurisdictional areas of waters of the United States.
17, The use of NWP 51 and 52 are administratively denied, within the Galveston
District boundaries,
The following regional conditions apply only within the Albuquerque District In the
State of Texas:
18. Nationwide Permit No. 23 — Approved Categorical Exclusions, Notification to the
District Engineer in accordance with General Condition 31 (Pre -Construction
Notification) is required for all proposed activities under nationwide permit 23.
19, Nationwide Permit No. 27 — Aouado Habitat Restoration. Establishment. and
Enhancement Activities. For all proposed activities under Nationwide Permit 27 that
require Pre-Conshuction Notification, a monitoring plan commensurate with the scale of
the proposed restoration project and the potential for risk to the aquatic environment must
be submitted to the Corps. (See "Guidelines for Nationwide Permit 27 Submittals" at
http://wNvw.spa.usar,e. aniiy.inil/reo.
20. Nationwide Permits No. 29 - Residential Dovolooments, and No. 39 — Commercial
and Institutional Developments. These permits do not authorize clunmelization or
relocation of any intermittent or perennial water course regardless of size or rate of flow,
except when, as determined by the Albuquerque District, the proposed charmelization
would impact'a previously chamrelized stream reach, or the relocation would result in a
net increase in functions of the aquatic ecosystem within the watershed.
21. Activities in Special Aquatic Sites, Including_Wetlands. Notification to the District
Engineer in accordance with General Condition 31 (Pre -Construction Notification) is
required for all proposed impacts that exceed 1/10 acre in special aquatic sites, including
wetlands,
NWP Regional'Conditions, Texas, 9 March 2012
22. Ac:tivilicc in Intermittent and Perennial Streams. Notification to the District
Engineer in accordance with General Condition 31 (Pre -Construction. Notification) is
required for all proposed activities that involve fills greater than 1/10 acre in perennial or
intermittent streams and is not covered by other notification requirements.
23. Springs. All nationwide permits require preconstruction notification pursuant to
General Condition 31 for discharges of dredged or fill material within 100 feet of the
point of groundwater discharge of natural springs. A spring source is defined as any
location where ground' water emanates from a point in the ground and a jurisdictional
nexus to another water of the United States. For purposes of this regional condition,
springs do not include seeps or other discharges which lack a jurisdictional nexus to
another water of the United States.
24. Suitable Fill. Use of broken concrete or used tires formed into bales as fill or bank
stabilization maleiial requires notification to the District Engineer in accoidance with
General Condition 31 (Pre -Construction Notification). Applicants must demonstrate that
soft engineering methods utilizing native or non -manmade materials are not practicable
(with respect to environment, cost, existing technology, and logistics), before broken
concrete or used tires as bales are allowed as suitable fill.
G
September 21, 2012
Nationwide Permit General Conditions
The following general conditions must be followed in order for any authorization by an 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 proscribed by the US. Coast Guard, through regulations or
otherwise, must be installed and maintained at the permitteds expense of authorized facilities
in navigable waters of the United States.
(c)The pemmittee 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 penmittee 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. All permanent amd-tenrporany crossings-of-waterbodies-shall•bo suitably-culvarted, -
bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of
those aquatic species.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to
the maximum extent practicable. Activities that result in thcphysical 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, or
is a shellfish seeding or habitat restoration activity authorized by NWP 27.
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 fi= from toxic pollutants in
toxic amounts (see Section 307 of the Clean Water Act).
September 21, 2012
7. Water Supply Hrtakes. 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.
S. 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 pro -construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Witliln 100-Year Floodplatns. The activity must comply with applicable FEMA
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats most be placed on mats, or
other measures must be taken to minimize soil disturbance.
12. Solt 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
pennauently 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 re -vegetated, as
appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity -specific conditions added by the district engineer to an NWP
authorization.
15, 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.
16. 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
September 21, 2012
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency responsible for the designated Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U,S. Fish and Wildlife Service),
17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but
not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species.
(a) No activity is authorized under any NWP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No activity is authorized under any NWP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects o£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. The district engineer will
review the documentation and determine whether it is sufficient to address ESA complianco
for the NWP activity, or whether additional BSA consultation is necessary.
(c) Non-federal permidees must submit a pre -construction notification to 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 names) of the endangered or threatened species that might be
affected by the proposed work or that utilize the designated critical habitat that might 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 preconstruction notification. In cases where the non-Federat applicant
has identified listed species or critical habitat that might be 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. If the non -Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification
from the Corps. '
September 21, 2012
(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 N WP 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 BSA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from
the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the
jurisdiction of the United States to take a listed species, where "take" means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
conduct The word "harm" in the definition of `Rake" means an act which actually kills or
injures wildlife. Such an act may include significant habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(f) Information on the location of threatened and endangered species and their critical habitat
can be obtained directly from the offices of ttre U.S. FWS and NMFS or their World Wide
Web pages at http:/hvww.fws-gov/ or littp://www.fws.gov/ipae and
littp://www.uoaa.gov/fisherimlitn-4 respectively.
19, Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining
any "take" permits required under the U.S. Fish and Wildlife Service's regulations' governing
compliance with the Migratory Bird Treaty Act or the Bald and Golden Eaglo Protection Act.
The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to
determine if such "take" permits are required for a particular activity.
20. 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 pennittew should follow their own procedures for complying with the
requirements of Section 106 of thoNational Historic Preservation Act. Federal permittees
must provide the district engineer with the appropriate documentation to demonstrate
compliance with those requirements, The district engineer will review the documentation and
determine whether it is stifficient to address section 106 compliance for the N WP activity, or
whether additional section 106 consultation is necessary.
(c) Non-federal pernittces 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 on, 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 o£the historic
properties or the potential for the presence of historic properties. Assistance regarding
September 21, 2012
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)). When
reviewing pre -construction notifications, district engineers will comply with the current
procedures for addressing the requirements of Section 106 of the National Historic
Preservation Act. Tine district engineer shall make a reasonable and good faith effort to carry
out appropriate identification efforts, which may includebackground research, consultation,
oral history interviews, sample field investigation, and field survey. Based on tine 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 on 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 -contraction 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)). IfNHPA
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, If the non -Federal applicant has not heard back from the Corps within 45 days,
the applicant must still wait for notification from the Corps.
(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 circmnstances, 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 patties known to have a
legitimate interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Uulurown Remains and Artifacts. If you discover any previously
unknown historic, cultural or archeological remains and artifacts while accomplishing the
activity authorized by this permit, you must immediately notify the district engineer of what you
have found, and to the maximum extent practicable, avoid construction activities that may affect
the remains and artifacts until the required coordination has been completed. Tire district
engineer will initiate the Federal, Tribal and state coordination required to determine if the items
September 21, 2012
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places,
22. Designated Critical Resource Waters. Critical resource waters include, NOAA managed
marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The
district engineer may designate, after notice and opportunity for -public continent, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national resource waters or state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized
by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 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, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 31, 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.
23. 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 (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating
for resource losses) will be required to the extent necessary to ensure that the adverse effects
to the aquatic environment are minimal.
(e) 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 either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal, 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 envirotunent. Compensatory mitigation projects
provided to offset losses of aquatic resources must comply with the applicable provisions of
33 CPR pail 332.
September 21, 2012
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that -the activity
results in minimal adverse effects on the aquatic environment.
(2) 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.
(3) If pennittee-responsible mitigation is the proposed option, the prospective permiltee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan
may be used by the district engineer to make the decision on the NWP verification
request, but a final mitigation plan that addresses the applicable requirements of 33 CPR
332.4(c)(2) — (14) must be approved bytho district engineer before the pennitteo begins
work in waters of the United States, unless the district engineer determines that prior
approval of the final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation (see 33 CUR 332.3(k)(3)).
(4) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(5) Compensatory mitigation requirements (e,g„ resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan.
(d) For losses of streams or other open waters that require pre -construction notification, tine
district engineer may require compensatory mitigation, such as stream rehabilitation,
enhancement, or preservation, to ensure that the activity results in minimal adverse effects on
the aquatic enviromnent.
(c) Compensatory mitigation will not be used to increase the acreage losses allowed by the
acreage limits of the N WPs. 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, ever, 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
nomally include a requirement for the restoration or establistunent, 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. Tire 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 tine district engineer may require sligbtlywider riparian
September 21, 2012
areas to address documented water quality or habitat loss concerns. If it is not possible to
establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal
waters, then restoring or establishing a riparian area along a single bank or shoreline may be
sufficient. 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 oil 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, in -lieu fee programs, or separate
pennitlee-responsible mitigation. For activities resulting in the loss of marine or estuarine
resources, pormittee-responsible compensatory mitigation may be environmentally preferable
if there are no mitigation banks or in -lieu fee programs in the area that have marine or
estuarine credits available for sale or transfer to the permittce. For permittee-responsible
mitigation, the special conditions of the N WP verification must clearly indicate the party or
parties responsible for the implementation and performance of the compensatory mitigation
project, and, if required, its long-term management.
(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 an
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,
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely
designed, the district engineer may require non -Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. 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 minhnnl degradation of water quality.
26. Coastal Zone Management. in coastal stales where an NWP has not previously received a
state coastal zone management consistency concurrence, an individual state coastal zone
management consistency 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.
September21, 2012
27. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions 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 stafo, Indian Tribe, or U.S. EPA ill its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
28. 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.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated
with a nationwide pennit 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 owners) of the property. To validate
the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms mid conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Eacli pennittee who receives an NWP verification letter from the
Corps must provide a signed certification documenting completion of the authorized activity and
any required compensatory mitigation. The success of any required permittee responsible .
mitigation, including the achievement of ecological performance standards, will be addressed
separately by the district engineer. The Corps will provide the permittee the certification
document with the NWP verification letter. The certification document will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in -
lieu fee program are used to satisfy the compensatory mitigation requirements, die
certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and
September 21, 2012
(c) The signature of the permittee certifying the completion of the work and mitigation.
31. Pre -Construction Notification.
(a) Unin . Where required by the terms of the NWP, the prospective permittee must notify
the district engineer by submitting a pre -construction notification (PCN) as early as possible.
Tine district engineer must determine if the PCN is complete within 30 calendar days of the
date of receipt and, if the PCN is determined to be incomplete, notify the prospective
permittee within that 30 day period to request the additional information necessary to make
the PCN complete. The request must specify the information needed to make the PCN
complete. As a general rule, district engineers wiltrequest additional information necessary
to make tile .PCN complete only once. However, if the prospective permittee does not provide
nil 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 dint tine activity may proceed
under the NWP with any special conditions imposed by the district or division engineer;
or
(2) 45 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 18 that listed species or critical habitat might be affected or in the vicinity of
the project, or to notify the Corps pursuant to general condition 20 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 there is "no offeet" 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))
has been completed. Also, work cannot begin under N WPs 21, 49, or 50.1intil 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 may not begin 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 pennittee cannot begin the activity until all
individual permit has been obtained. Subsequently, the pernittee's right to proceed under
the NWP may be modified, suspended, or revoked only in accordance with the procedure
set forth in 33 CPR 330.5(d)(2).
(b) Contents of Pre -Constriction Notification: The PCN must be in writing and include the
following information:
(1) Name, address and telephone numbers of the prospective permittee;
10
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause, including the anticipated amount
of loss of water of the United States expected to result from the NWP activity, in acres,
linear feet, or other appropriate unit of measure; any other N WP(s), regional general
pennit(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 treed 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 results in a quicker decision.
Sketches should contain sufficient detail to provide an illustrative description of the
proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering
plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and olhcr
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on
-the project site. Wetland delineations must be prepared in accordance with the current
method required by the Corps. The permitteo may ask the Corps to delineate the special
aquatic sites and other waters on the project site, 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, as appropriate;
(5) If the proposed activitywill result in the loss of greater than 1/10-acre of wetlands and
a PCN is required, the prospective permittee trust submit a statement describing how the
mitigation requirement wilt be satisfied, or explaining why the. adverse effects are
minimal and why compensatory mitigation should not be required. 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 coon -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.
11
1 .
September 21, 2012
(c) Form of Pro -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 end 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 activities that require pre•construetion notification and result in the loss
of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43,
44, 50, 51, and 52 activities that require pre -construction notification and will result in
the loss of greater than 300linenr feet of stream bed, and for all NWP 48 activities that
require pre -construction notification, the district engineer will immediately provide (e.g.,
via e-mail, facsimile transmission, overnight mail, or other expeditious maimer) a copy of
the complete 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 ofNWP 37i these agencies will 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. The comments most explain why the agency
believes the adverse effects will be more than minimal. If so contacted by an agency, the
district engineer will wait an additional 15 calendar days before making a decision on the
pre-constmetion notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity's corrgfliance
with the terns and conditions of the NWPs, including the need for mitigation to ensure
the net adverse environmental effects to the aquatic environment of the proposed activity
are minimal. The district engineer 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
bemodifred, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective pernittee 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 with either electronic files or multiple
copies of pre -construction notifications to expedite agency coordination.
12
Septeinber21,2012
District Engineer's Decision
1. In reviewing lie 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. For a linear project, this
determination will include an evaluation of the individual crossings to determine whether they
individuallysatisfy the terms and conditions of the NWP(s), as well as the cumulative effects
caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300
linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable
limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district
engineer will only grant the waiver upon a written determination that the NWP activity will
result in minimal adverse effects. When making minimal effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. The district
engineer will also consider site specific factors, such as the environmental setting in die vicinity
of the NWP activity, the type of resource that will be affected by the NWP activity, the functions
provided by the aquatic resources that will be affected by the NWP activity, the degree or
magnitude to which the aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the
duration of the adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the district
engineer. If an appropriate functional assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site -specific environmental concerns.
2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of
wetlands, the prospective permittec should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for projects with smaller impacts. The
district engineer wilt 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 activity 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 activity -specific conditions in die NWP verification the district engineer deems necessary.
Conditions for compensatory mitigation requirements must comply with the appropriate
provisions at 33 CPR 332.3(k). Tho district engineer nest approve the final mitigation plan
before the pemmittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation. 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 proposed compensatory mitigation 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
13
September 21, 2012
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, including any activity -specific conditions added to tlneNWP
authorization by the district engineer.
3. 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:
(a) 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;
(b) 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 envirormnent to the
minimal level; or
(c) 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 thau
minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period, with activity -specific conditions that state the mitigation
requirements. The authorization will include the necessary conceptual or detailed 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 or has determined that prior approval of a final mitigation plan is not
practicable or not necessary to ensure timely completion of file required compensatory
mitigation.
14
BATH
ttaclunent 1
Conditions of Section 401 Certification for Nationwide Permits and General Conditions
re MOW .I._MR-71TWIMMIMIRM...
Erosion control and sediment control BMPs described In Attachment 2 are required with the use of this
general condition, If the applicant does not choose one of the BMPs listed in Attachment 2, an
individual 401 certification is required,
General Condition 2, (jQLater Quality)
Post -construction total suspended solids (TSS) BMPs described in Attachment 2 are required with the
use of this general condition. If the applicant does not choose one of the BMP's listed in Attachment 2,
an individual 401 certification is required. Bridge deck runoff is exempt from this requirement.
General Condition 2s (Mitigation)
The U.S. Army Corps of Engineers will copy the TCEQ on all mitigation waivers sent to applicants.
NWN 1R 2a•,1o. 40, a1, a2• a3,_44, r,0• 51- 5
The U.S. Army Corps of Engineers will copy the TCEQ on all written approvals of waivers for impacts to
ephemeral, intermittent or perennial streams.
All 141's excaotforNWP S
These NWPs are not authorized for use in coastal dune sweles in Texas.
NWP 7 (Maintenance)
Soil Erosion and Sediment Controls under General Condition 12 are required,
NSNP G (Stt=Aetivities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWT 7 (Outfall Structures and Associated Intake Structures)
Soil Erosion and Sediment Controls udder General Condition 12 are required.
NWP 12 (Utility Line Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -construction TSS
controls under General Condition 26 are required.
NWP 19 (BaukStabill7ation)
Soil Erosion and Sediment Controls under General Condition 12 are required,
Rovlsed April 6, 2oi2 Page 1 ors
N6Hi �
Atincliment i
Conditions of Section 401 Certification for Nationwide Porintts and General Conditions
14 ineeal•ans=tation Projects)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post construction 11JS
controls under General Condition 25 are required.
NMT is (U.S. CoastGuard Approved Dddces)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 1(Return Water Fromllpland Contained DlsgosnIArgos)
Activities that would be regulated under Standard Industrial Classification (SIC) codes 1442 and 1446
(industrial and construction sand and gravel mining) are not eligible for this NWP. Effluentfrom an
upland contained disposal area shall not exceed a TSS concentration of goo mg/L unless a site -specific
TSS limit, or a site specific correlation curve for turbidity (nephelometrle turbidity units (NTin) versus .
(TSS) has been approved by TCRQ.
NWP 17 (Hydropower Projects)
Soil Arosion and Sediment Controls under General Condition 12 are required. Post -construction TSS
controls under -General Condition 25 are required,
NWP A (Minor Discharges)
Soil Erosion andSediment Controls under General Condition 12 are required. Post -construction TSS
controls under General Condition 25 are required.
NWP 19 (Minor Dredging)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 2i (,Surface Cbal Mining Operations)
Soil Erosion and Sediment Controls under General Condition 12 are required. Past -construction TSS
controls wider General Condition 25 are required.
NWP 22 (Removal of Vessels)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP gn (St_ructuralDischa_rge@
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 27(AonatiCliabitatReAtonWm EctaNishmont,andEnhancement Activities
)
Soil Erosion and Sediment Controls under General Condition 12 are required,
A6rined Apd16, 2012 Pa6e 2 of 4
NWP 29 (Residential Developments)
Soil Erosion and Sediment Controls puder General Condition 12 are required. Post-constructiou TSS
controls trader General Condition 26 are required.
NWP .go (Moist Soil nnaaaemeltt for Wildlife)
Soil Erosion and Sediment Controls under General Condition 12 are required,
NWP ,41(Maintenance of BxictW Flood Qntrol racilities)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -construction TSS
controls under General Condition 26.are required, .
RM 32 (Completed Enfnreement Actions)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP ss (, Tempos •XS gnstruction Acccas and Dewaterina)
Soil Erosion and Sediment Controls under General Condition 12 are required,
NWP g6 (BOAC Ramp -
The U.S. Army Corps of Engineers will copy the TCEQ on all written waivers for discharges greater than
the,o cubic yard limit or boat ramps greater than 20 feet In Width. Soil Erosion and Sedimont Controls
under General Condition 12 are required. Post -construction TSS controls under Gencral Condition 25
are required.
NWP ay ( mergence Watershed Protection and Rehabilitation)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 38 (Cleanup of Hazardous and Toidc Waste)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 39 (C.emmercal and Institutional Develo m•R ents)
Soil Erosion and Sediment Controls under General Condltlon 12 are required. Post -construction TSS
controls under General Condition 26 are required,
NWP ao (AArlcultua_l Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post-construclionTSS
controls under General Condition 25 are required.
RcYLs dAprll6,2012
NWP 41(Reshaping ExistingDrainage Ditches)
Soil Erosion and Sediment Controls under General Condition 12 are required, Posh-oonstivetion TSS
controls raider General Condition 25 are required,
NWP 42 (Recreational Facilities)
Soil Erosion and Sediment Controls tinder Getters] Condition 12 are required. Post-construction-TSS
controls under General Condition 2s are rbquh-ed,
NWP 44 (Stounwater Management Facilities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 44 (Mining Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required, Post -construction TSS
controls under General Condition 26 are required.
NAP 4,1i (Repair of uylands DamaUd by Diserete Events)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -construction T-SS
controls under General Condition 26 are required.
NWT 46 (Disehaxges In Ditches)
Soil Erosion and Sediment Controls under General Condition 12 are required.
XWF 4,o (6al Remining AetN ities)
Soil Erosion and Sediment Controls under General Condition 12 are required, Post -construction TSS
controls under General Condition 25 are required.
YP so (UnddrUgunnd Coal MiningActivlties)
Soil Erosion and Sediment Controls under General Condition i2 are required, Post -construction TSS
controls under General Condition 26 are required..
MWP Ft (Land -Based ReneW Energy Generation Facilities)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post-oonstmetion TSS
controls under General Condittom26 are required.
*hero r2 (1"later-Ba �� Rerie)yal Enerry Generation Pilot 1'roiects)
Soil Erosion and Sediment Controls under General Condition 12 aro required. Post-constuctioiM8
controls under General Condition 26 are required.
Revleed Apr11 g, 2012 Page 4 of 4
J
A.ttaclimerlt 2
401 Water Quality Certification Best Managoment Practices (BMPs) for Nationwide
Pormrits
Below are the 401 water quality certification conditions the Texas Commission on Environmental
Quality (TCEQ) added to the February 21, 2012 issuance of Nationwide Permits (NWP), as
described in the Federal Register (Vol. 77, No. 34, pages 10184-10290).
Additional information regarding these conditions, including descriptions of the best
managernent practices (BMPs), can be obtained from the TCEQ by contacting the 401
Coordinator, MC-150, P.C. Box 13087, Austin, Texas 78711-3087 or from the appropriate U.S.
Army Corps of lingineers district office.
Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent wetlands
or water bodies during wet weather conditions (erosion). At least one of the following BMPs
must be maintained and remain in place until the area has been stabilized for NWPs 3, 6, 7,12,
13,14,15,17,18,19, 21, 22, 26, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49,
60, 5t, and 52. if the applicant does not choose one of the BMPs listed, an individual 401
certification is required, BMPs for NWP 52 apply only to land -based impacts from attendant
features.
o Temporary Vegetation
o Mulch
o Interceptor Swale
o Erosion Control Compost
o Compost Filter Socks
H. Sedimentation Control
o Blankets/Matting
o Sod
o Diversion Dike
o Mulch Filter Socks
Prior to project initiation, the project area must be isolated from adjacent wotlands and water
bodies by the use of BMPs to confine sediment. Dredged material shall be placed in such a
manner that prevents sediment runoff into water in the state, including wetlands. Water bodies
can be isolated by the .use of one or more of the requited BMPs identified for sedimentation
control. Those BMP's must be maintained and remain in place until the dredged material is
stabilized, At least one of the following BMPs mustbe maintained and remain in place ilntil the
area has.been stabilized for NWPs 3, 6, 7,12,13, 14,15, 17,18,19, 21, 22, 25, 27, 29, 30, 31, 32,
33, 36, 37, 38, 39, 401 41, 42, 43, 441 46,4 49, 5o, 51, and 52. If the applicant does not choose
one of the BMPs listed, an Individual 401 certification is required. BMPs for NWP 52 apply only
to land -based impacts from attendant features.
o Sand Bag Bern o Rock Berm.
o Silt Pence o Hay Bale Dike
RwisedAprn g, 2012 Pogo r of
o Triangular Filter Alke
o Stone Outlet Sediment Traps
o Erosion Control Compost
o Compost Filter Socks
o Brush Berma
o Sediment Basins
o Mulch Filter Socks
After construction has been completed and the site is stabilized, total suspended solids (TSS)
loadings shall be controlled by at least one of the following BMPs for NWPs 12,14,17,18, 21, 29,
31, 36, 39,,40, 41, 42, 44, 46, 49, 60,,61, and 52. if the applicant does not choose one of the BMPs
listed, an individual 401 certification is required. BMPs for M 62 apply only to land-bAsed
Impacts from attendant features. Runoff from bridge decks has bean exempted from the
requirement for post constrµetlon TSS controls.
o Retention/Irrigation Systems
o Extended Detention Basin
o Vegetative Filter Strips
o Grassy Swalm
o Erosion Control Compost
O Compost Filter Socks
o Constructed Wetlands
o Wet Basins
o Vegetation lined drainage ditches
o Sand After Systems
o Mulch Filter Socks
o Sedimentation Chambers"
" Only to be used when therels no space available for other approved BMPs,
Effluent from au.upland contained disposal area shall not exceed anS concentration of 300
mg/L unless a site-speclfle TSS limit,.or a site specific correlation curve for turbidity
(nephelometricturbidity units (N U)) versus (T88) has been approvedbyTCEQ•
The Corps will copy the TCEQ on all authorizations for impacts of greater -than 300l1near feet of
Intermittent and ephemeral Streams•
ReAsedApra 6, 2012 ftq 2 ofa
VI NMT as and 4�
The Corps will copy the TCEQ on all authorizations for impacts greater than goo linear feet in
length of ephemeral, intermittent, perennial streams or drainage ditches,
VII. NWI' a6
The Corps will copy the TCEQ on all authorizations for discharges greater than the 6o cubic yard
limit or boat ramps greater than so feet in width,
VIII. All MWsoxcelrtNWPR
These NWPfl are not authorized for use in coastal dune swales in Texas,
1W and Aprila,20tz
PeaO 3 of
NWP
Permit Description
Erosion
Sediment
Post
Control
Control
Construction
TSS
1
Aid to Navigation
2
Strictures in Artificial Canals
X
X
s
Maintenance
4
Fish and Wildlife Harvesting, Briliancefnent
and Attraction Devices and Activities
6
Scientific Measurement Devices
6
Survey Activities 'Trenching
X
X
7
Outfall Structures and Associated Intako
X
X .
'
strictures
8
Oil and Gas Structures on the Outer
Continental Shelf
9
Structures In Fleeting and Anchorage Areas
10
Mooring Buoys
11
TemporaryReoteationalStructures
12
Utility IJne Activities
X
X
X
is
Bank Stabilization
X
X
14
T.inear Transportation Projects
X
X
X
16
U.S. Coast Guard Approved Bridges
X
X
16
Return Water From Upland Contained
Disposal Areas
17
hydropower Projects
X
X
X
X
X
X
18
Minor Discharges
X
X
19
Minor Dredging
20
Response Operations for Oil and Hazardous
Substances
X
X
X
21
Surface Coal Mining Operations
X
X
22
Removal of Vewel8
Revised Apra 5,2012
Page I of 1
V
Attaclynent :R
Refevexxee to NatiomVide Permits'Best Managoinent Practices Requirements
NWP
Permit Description
Erosion
Sediment
Post
Control
Control
Construction
TSS
23
Approved CategoricalExcluslous
24
Indian Tribe or StateAdministered Section
404 Programs
26
Structural Discharges
X
X
26
(Reserverij
'
27
Aquatic Habitat Restoration, Establishment,
X
X
and EnhancomentActivitles
28
Modifications of Existing Marinas
29
Residential Developments
X
X
X
30
Moist Soll Management £orWildlife
X
X
31
Maintenance of Existing Flood Control
X
X
X
Facilities
32
Completed EnforcementActions
X.
X
33
Temporary Construction, Access and
X
X
Dewatering
34
Cranberry Production Activities
36
Maintenance Dredging of Existing Basins
36.
Boat Ramps
X
X
X
37
Emergency Watershed Protection and
X
X
Rehabilitation
38
Cleanup of Hazardous andTozlc Waste
X
X
g9
Commercial and lutitutional Developments
X
X
X
40
Agricultural Activities
X
X
X
41
Reshaping Existing Drainage Ditches
X
X
X
42
Recreational Facilities
X
X
X
43
StormwaterManagement racilities
X
X
A4
MiulhgActivitles
X
X
X
RoAnd April $, 2012 Page 2 of 3
yz
A
tt �C]u Q�Ilt 9
Reference to Natimtwide Vermits Best Management Practices Requirerneuts
NWP
Permit Description
Erosion
Sediment
Post
Control
control
Construction
"S
45•
Repair of Uplands Damaged by Discrete
X
X
X
Evonts
46.
DischargesinDitches
R
X
47.
[Reserved)
48.
Existing Commercial ShellfishAquacultare
Activities
49,
CoalReminingActivitles
X
X
X
5o•
Underground coal Mining Activities
X
%
%
51
ed Renewable Energy Generation
x
X
X
Facilities
52.
Water -Based Renewable Energy Generation
X
X
X
Pilot Projects
RrAnd Arull S. 2012 Npu 3 of 3
1111 1 ' 1_. '1/_..
1 1 ' c••.
Description: Vegetation can be used as a temporary or permanent stabilization technique for
areas. disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles,
berms, mild to medium slopes, and along roadways. Other techniques such as matting, mulches,
and grading maybe required to assist in the establishment of vegetation.
Materials:
• The type of temporary vegetation used on a site is a function of the season and the availability
of water for irrigation.
• Temporary vegetation should be selected appropriately for the area,
• County agricultural extension agents are a good source for suggestions for temporary
vegetation.
• All seed should be high quality, U.S. Dept. of Agriculture certified seed,
Lustnllatl.onr ,
• Grading must be completed prior to seeding,
• Slopes should be minimized.
• Erosion control structures should be installed,
• Seedbeds should be well pulverized, loose, and uniform,
• Fertilizers should be applied at appropriate rates.
• Seeding rates should be applied as recommended by the county ag:lcultural extension agent,
• The seed should be applied uniformly.
• Steep slopes should be covered with appropriate soil stabilization matting,
Blankets and Matting
Description: Blankets and matting material can be used as an aidto control erosion on critical
sites during the establishment period of protective vegetation. The most common uses are In
channels, interceptor awales, diversion dikes, short, steep slopes, and on tidal or stream barilm.
ltovlwd April g, 2or2 Pogo r of go
Matexialsi
New types of blankets and matting materials are continuously being developed.. The Texas
Department of Transportation (TxD OT) has defined the critical performance factors for these
types of products and has established minimum performance standards which mustbe met for
any product seeldni; to -be approved for use within any ofTOOT'sconstruction otmaintenance
activities. The products that have been approved by TOOT are also -appropriate for genetal
construction site stabilization. TxDOT maintains a web site at
httpi//www.txdot,gov/business/doing business/product_evaluation/erosion_control.lit n
which is updated as now products are evaluated.
Installatlonr
• install in accordance with the manufacturer's recommendations,
• Proper anchoring of the material.
• Prepare a friable seedbed relatively free from clods and rocks and any foreign material,
• Fertilize and seed in accordance with -seeding or other type of planting plan:
• Erosion stops should extend beyond the channel liner to full design cross-section of the
channel.
• A uniform trench perpendicular to line of flow maybe dug with a spade or a mechanical
trencher,
• Erosion stops should be deep enough to penetrate solid material orbelowlevel of ruling in
sandy soils.
• Erosion stop mats should be wide enough to allow turnover at bottom of trench for stapling,
while maintaining the top edge flush with channel surface.
MIL11W
Description: Mulching is theprocess of applying a material to the exposed soil surface to
protect it from erosive forces andto conserve soil moisture until plants can become established.
When seeding critical altes, sites with adverse soil conditions or seeding on other than optimum
seeding dates, mulch material should he applied immediately after seeding. Seeding during
optimum seeding dates and with favorable soils and site conditions w111 fiat need to be mulched:
Matexialst
• Mulch maybe small grain straw which should be applied uniformly,
• On slopes 15 percent or greater, a binding chemical must be applied to the surface.
AwlsedApra 6, 2012 Pna02 of 30
o
a
@,ttachmont a
DescAptlon orfBU's
• Wood -fiber or paper -fiber mulch may be applied by hydroseeding, '
• Mulch nettings may be used.
• Wood chips maybe used where appropriate.
Installation:
Mulch anchoring should be accomplished immediately after mulch placement. This may be done
by one of the following methods: peg and twine, mulch netting, mulch anchoring too], or liquid
mulch binders.
- 4 1
Descriptiont Sod is appropriate for disturbed areas which require immediate vegetative
covers, or where sodding is preferred to other means- of grass establishment. locations
particularly suited to stabilization with sod are waterways carrying intermittent flow, areas
around drop inlets or in grassed swales, and residential or commercial lawns where quick use or
aesthetics are factors. Sod is composed of living plants and those plants must receive adequate
care In order to provide vegetative stabilization on a disturbed area.
Materials:
• Sod should be machine cut at a uniform soil thickness.
• Pieces of sod should be cut to the supplier's standard width and length.
• Torn or uneven pads are not acceptable,
• Sections of sod should be strong enough to support their own weight and retain their size and
shape when suspended from a firm grasp.
• Sod should be harvested, delivered, and installed within a period of 36 hours.
Installations
• Areas to be sodded should be brought to final grade,
• The surface should be cleared of all trash and debris.
• Fertilize according to soil tests.
• Fertilizer should be worked Into the soil,
• Sod should not be cut or laid in excessively wet or diy weather,
RaYL rdApA & 20J2 Page 3 af30
• Sod should not be laid on soil surfaces that are frozen.
• During periods of high temperature, the soil should be lightly irrigated.
• The first row of sod should be laid in a straight line with subsequent'iows placed parallel to and
butting tightly against each other.
• Lateral joints should be staggeredto promote more uniform growth and strength.
• Wherever erosion may be a problem, sod should be laid with staggered joints and secured.
• Sod shouldbe installed with the length perpendicular to the slope (on the contour).
• Sod should be rolled or tamped,
• Sod ahouldbe irilgated toa sufficient depth.
• Watering should be performed as often as neeessary.to maintain soil moisture.
• The first mowing should notbe attempted until-the'sodis firmly rooted.
• Not more than one third of the grass leaf should be removed at any one cutting.
Tntereeutor Swale
Interceptor swales are used to shorten the length -of exposed slope by Interceptingxunoff, prevent
off -site runoff from entering the disturbed area, and prevent sediment -laden runoff from leaving
a disturbed site. They may have a v-shape or be trapezoidal -with a flat bottom and side slopes of
3:1 or flatter. The outflow from a swale should be directed to a stabilized outlet or sediment
trapping device. The swales should remain in place until the disturbed area is permanently
stabilized,
MaLtelials:
• Stabilization should consist of a layer of crushed stone three inches thick, dprap or high
velocity erosion control mats.
• Stone stabilization should housed when grades exceed 2% or velocities exceed 6 feet per
second.
• Stabilization should extend across the bottom of the Swale and up both sides of the channel to a
minimum height of three inches above the design water snrface.clevation based on a 2-year,
24-hour storm.
RevlsM Atuil s, aoia
Page q of so
Installation:
• An interceptor Swale should be installed across exposed slopes during construction and should
intercept no more than g acres of runoff.
• All earth removed and not heededin construction should be disposed of In an approved spoils
site so that it will not interfere with the functioning of the swale or contribute to siltation in
other areas of the site.
• All trees, brush, stumps, obstructions and other material should be removed and disposed of so
as notto interfere with the proper functioning of the,swale.
• Swales should have a maximum depth of 1.5 feet with side slopes of 3:i or flatter. Swales should
have positivo drainage for the entire length to an outlet.
• When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope),
stabilization is required. Stabilization should be crushed stone placed in a layer of at least 3
inches thick or may be high velocity erosion control matting, Check dams are also -
recommended to reduce velocities in the swales possibly reducing the amount of stabilization
necessary.
• Minimum compaction for the Swale should be go% standard proctor density.
Diversion JAkes
A temporary diversion dike is a barrier created by the placement of an earthen embankment to
reroute the flow of runoff to an erosion control device or away from an open, easily erodible area.
.A diversion dike intercepts runoff from small upland areas and diverts it away from exposed
slopes to a stabilized outlet, such as a rock berm, sandbag berm, or stone outlet structure. These
controls can be used on the perimeter of the site to prevent runoff from entering the construction
area. Dikes are generally used for the duration of coustruction to intercept and reroute runoff
fiom disturbed areas to prevent excessive erosion until permanent drainage features are installed
and/or slopes are stabilized.
lYlateriais:
• Stone stabilization (required for velocities in excess of 6 fps) should consist of riprap placed in
a layer atleast 3 inches thick and should extend a minimum height of 3 inches above the design
water surface up the existing slope and the upstream face of the dike.
• Geotextile fabric should be a non -woven polypropylene fabric designed specifically feruse as a
soil filtration media with an approximate weight of 6 oz,/yda, a Mullen burst rating of 140 psi,
and having an. equivalent opening size (EOS) greater than a itgo sieve.
Installations
• Diversion diltes should be installed prior to and maintained for the duration of construction
andshould intercept no more than to acres. ofrunoft.
Rwised APr116,2012 . Page 60t3o
IN t
• Dikes should have a minimum top width of 2 feet and a minimum height of compacted fill of 18
inches measured fox -in the top of the existing ground at the upslope too to top of the dike and
have side slopes of-3 U or flatter.
• The soil for the dike should be placed in lifts of 8 inches or less and be compacted to 96 %
standard proctor density.
• The channel, which is formed by the dike, must have positive drainage for its entire length to
an outlet,
• When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope),
stabilization is required. In situations where velocities do not exceed 6 feet per second,
vegetation maybe usedto control erosion,
Description: Bosion control compost (FCC) can be used as an aid -to control erosion on critical
sites during the establishment period of protective vegetation. The most common uses are on
steep slopes, swales, diversion dikes, and on tidal or stream banks.
Mateidals:
New types of erosion control compost are continuously being developed. The Texas Department
of Transportation (TxD0T) has established mipimumperformance standards which must be met
for any products seeking to be approved for use within any of TxDOT s construction or
maintenance activities, Material used within any TxDOT construction or -maintenance activities
must meet material specifications in accordance with current TxDOT specifications, TxDOT
maintains a website at
)ittp://vn w.txdotZov/business/coutractors_consultants/recycling/coiiiposthtmthat provides
information on compost specification data. .
BCC used for projects not related to TxDOT should also be of quality materials by meeting
performance standards and compost specification data. To ensure the quality of compost used as
an FCC, products should meet all applicable state -and federal regulations, including but not
limited to the United States Environmental Protection Agency (USEPA) Code of Bedoral
Regulations MR), Title 40, kart 603 Standards for Class Abiosolids and Texas Natural
Resource Conservation Commission (now named TCFQ) Health and Safety Regulations as
defined In tho Texas Administration Code (TAC), Chapter 332, and all other relevant
requirements for compost products outlined in TAC, Chapter 332. Testingrequirements
required by. the TCEQ are defined in TAC Chapter 332, including Sections §332,V Sampling and
Analysis -Requirements for Final Products and §332.72 Final Product Grades. Compost
specification data approvedby TOOT are appropriate to use for ensuring the use of quality
compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's speeifieuse. T7le appropriate compost
sampling and testing protocols included in the United States Composting Council (USCG) Test
Methods for the Examination of Composting and Compost (TMBCC) should be conducted on
Aevked April 6, 2012 P%e 6 of 30
compost products used for ECC to ensure that the products used will not impnetpublie health,
safety, and the environment and to promote production and marketing of quality composts that
meet analytical standards. TMECC Is a laboratory manual that provides protocols for the
composting industry and test methods for compost analysis. TMECC provides protocols to
sample, monitor, and analyze materials during all stages of the composting process. Numerous
parameters that might be of concern in compost can be tested by following protocols or test
methods listed in TMECC. TMECC information can be found at
bttp://www,tmece,oig/tmece/itidex.html, The USCC Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. STA program information can be
found at http://tmece-org/sta/STA,_•ptogiam—description.html.
Installation:
• Install in accordance with current TOOT specification.
• Use on slopes 3:1 or flatter.
• Apply a a inch uniforin laver unless otherwise shown on the plans or as directed.
• When rolling is specified, use alight corrugated drum roller.
Mulch and Compost Filter Soclrs
Description: Mulch and compost filter socks (erosion control logs) are used to intercept and
detain sediment laden run-off from unprotected areas. When properly used, mulch and compost
Otter socks can be highly effective at controlling sedimentfrom disturbed areas. They cause
runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used
during the perlod of construction near the perimeter of a disturbed area to intercept sediment
while allowing water to percolate through. The cook should remain in place until the area is
permanently stabilized. Mulch and compost filter socks maybe installed In construction areas
and temporarily moved during the day to allow construction activity provided it is replaced and
properly anchored at the end of the day. Mulch and compost filter socks maybe seeded to allow
for qulckvegetative growth and reduction in run-off velocity.
Mateiialst
New types of mulch and compost filter socks are continuously being developed. The Texas
Departmant of Transportation (TxDOT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any of TxDOT"s construction
or maintenance activities. Mulch and compost filter socks used within any TxDOT construction
or maintenance activities must meet material specifications in accordance with TxDOT
specification5049. TxDOTmaintains awebsiteat
http://www.txdot.gov/business/contractot�•cousultants/recycUng/compost.hLmthatprovides
information on compost specification data,
Rnrlsod April 5, 2012 PA807 of 30
Mulch and compost filter socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the
quality of compost used for muleb and compost flltor socks, products should meet all applicable
state and federal regulations, including but not limited to the United States Environmental
Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for
Class Abiosolids andTexas Natural Resource Conservation Commission Health and Safety
Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other'
relevant requirements for coropostproducts outlined in TAC, Chapter-332. Testing requirements
required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and
Analysis Requirements for Final Products and §332,72 Final ProductGrades, Compost
specification data approved by TxDQT are appropriate to use for ensuring the use of quality
compost materials.or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United states Composting,Counell (USCG) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for mulch and compost fllter socks to.ensure that the products used will
not impact public health, safety, and the environment and to promote production and marketing
of quality composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry andtest methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols
or test methods listed in TMECC. TMECC information can be found at
http://www.tmece.org/tmece/index.httnl. The USCC Seal ofTesUng•Assurance (STA) program
contains information regardi compost STA certification. &'A program information canbe
found at http://tmece,0rg/sta,STA,prograin_deseription,html.
Installation:
• Install in accordance wltb TxDOT Special Speclfieation 504g.
• Install socks (erosion control logs) near the downstream perimeter of a disturbed area to
intercept sediment from sheet flow.
• secure socks in a method adequate to prevent displacement as a result of normal rain events
such that flaw is not allowed under the socks.
• Inspect and maintain the socks in -good condition (including staking, anchoring, etc.).
Maintain the integrity of the control, including keeping the socks free of accumulated silt,
debris, eta., until the disturbed area has been adequately stabilized.
Revised April g, zor2
Page orso
Descriptiotts The purpose of a sandbag berm is to detain sediment carried in runoff from
disturbed areas. This objective is accomplisliedby Intercepting runoff and causing it to pool
behind the sandbag berm, Sediment carried in the runoff is deposited on the upstream side of
the sand bag berm due to the reduced flow velocity. Excess runoff volumes are allowed to flow
over the top of the sand bag berm. Sandbag berms are used only during construction activities
in streambeds when the contributing drainage area is beriveen 6 and io acres and the slope is less
than-ib%, Le., utility construction in channels, temporary channel crossing for construction
equipment,ete. Plastic facing should be installed on the upstream side and the berm should be
anchored to the streambed by drilling into the rock and driving in'T' posts or rebar (#6 or #6)
spaced appropriately.
Materials:
• The sand bag material should be polypropylene, polyethylene, polyamide or cotton burlap
woven fabric, minimum unit weight 4 oz/yd 2, mullen burst strength exceeding 300 psi and
ultraviolet stability exceeding 7o pereent.
• The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should
be 6 to 8 inches.
• Sandbag&sbould be filled with coarse grade sand and free from deleterious material. All sand
should pass through a No. In sieve. The filled bag -should have anapproximate weight Of46
pounds.
• Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a nominal
internal diameter of 4 inches.
Installationt
• The berm should be a minbirum height of 18 inches, measured from the top of the existing
ground at the upslope We to the top of the berm.
The berm should be sized as shown in the plans but should have a minunum width of 481nches
treasured at the bottom of the berm and 16 inches measured at the top of the berm,
• Runoff water should flow over the tops of the sandbags or through 4-inch diameter PVC pipes
embedded below the top layer of bags.
• When a sandbag is filled with material, the open end of the sandbag should be stapled or tied
with nylon or poly cord,
• Sandbags should be stacked in at least three rows abutting each other, and in staggered
arrangement.
RovlsodApra 6, Q012
Pogo 9 of 30
A'ttncknnzexzt a
Description of BMPs
• The base of the berm should have at least 3 sandbags. These can be reduced to 2 and i bag in
the second and third rows respectively-
• For each additional 6 inches of height, an additional sandbag must be added to each tow width,
• Abypass pump -around system, or similar alternative, should be used on conjunction. with the
berm for effective dewatering of the worlcarea.
Silt Fenoa
Descriptions A silt fence is a barrier conolsting of geotextile iabric supported by metal posts to
prevent soil and sedimentloss from a site. When properly used, slltfences can be highly effective
at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier
solids to settle. If not properlyiustalled, silt fences are not likely to be effective. The purpose of a
silt fence is to intercept and detain water -borne sediment from unprotected areas of a limited
extent. Silt fence is used during the period of construction near the perimeter of a disturbed area
to intercept sediment while allowing water to percolate through. This fenceshouldremain in
place until the disturbed area is permanently stabilized. Silt fenceshould not be used where '
there is a concentration of water In a channel or drainage way. If concentrated flow occurs after
installation, corrective action must be taken such as placing a rock berm in the areas of
concentrated flow. Silt fencing within the site maybe temporarily moved during the day to allow
construction activity provided it is replaced and properly anchored to the ground at the end of
the day, Silt fences on the perimeter of the site or around drainage ways should not be moved at
any time.
Materials:
• Silt fence material should be polypropylene, polyethylene or polyam.w ideovea or nonwoven
fabric, The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen
burst strength exceeding 290 lb/in 2, ultraviolet stability exceeding qo%, and minimum
apparent opening size of U.S. Sieve No. So,
• Fence posts should be made of hot -rolled steel, at•least 4 feet long with Tee or X-bar cross
section, surface painted or galvanized, minimum nominal weight 1.25lb/ft 2, andArtudeli
hardness exceeding 140.
• Woven wire backing to support the fabric should be galvanized 2• x 4" welded wire, 12 gauge
minimum.
Lllstallation:
• Steel posts, which support the silt fence, should be installed on a slight angle toward the
anticipated runoff source. Post must be embedded a minimum of x foot deep and spaced not
more than 8 feet on center. Where water concentrates, the maximum spacing should be 6 feet.
• Lay out fencing down -slope of disturbed area, following the contour as closely as possible. The
RovkedApol s, 2012 Pege ioorso
aclrllrent a
Description of DIAN
fence should be sited so that the maximum drainage area is 114 acre/ioo feet of fence.
• The toe of the silt fence should be trenched in with a spade or mechanical trencher, so that the
down -slope face of the trench is flat and perpendicular to the line of flow. Where fence cannot
be tronclredin (e.g., pavement or rock outcrop), weight fabric flap witli 3 inches of pea gravel
on uphill side to prevent flow from seeping under fence,
• The trench must be a minimum of 6 inches deep and 6 inches wide to allow for the silt fence
fabric to be laid in the ground and backfilled with compacted material.
• Silt fence should be securely fastened to each steel support post orto woven wire, which Is In
turn attached to the steel fence post. There should be a 3-foot overlap, securely fastened where
ends of fabric meet,
TAaltgWar Mter Dflce
Descriptions The purpose of a triangular sediment filter dike is to intercept and detain water-
borne sediment from unprotected areas of limited extent The triangular sediment filter dike is
used where there is no concentration of water Ina channel or other drainage way above the
barrier and the contributing drainage area Is less than.one acre. If the uphill slope above the dike
exceeds io%, the length of the slope above the dike should be less than 5o feet. If concentrated
flow occurs after installation, corrective action should betaken such as placing rock bervr in the
areas of concentrated flow. This measure is effective on paved areas where installation of silt
fence is not possible or where vehicle access must be maintained. The advantage of these
controls is the ease with which they can be movedto allow volulde traffic and then reiustalledto
maintain sediment
Materialsi
• Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven
fabric. The fabric width should be 36 inches, with a minimum unit weight of 4.5 oa/yd, mullen
burst strength exceeding 1qo lb In 2, ultraviolet stability exceeding 7o%, and minimum
apparent opening sirs of II.S. Sieve No, 3o.
• The dike structure should be 6 gauge 6" x 6° wire mesh folded into triangular form being
eighteen (18) inches on each side.
Installation:
• The frame of the triangular sediment filter dike should be constructed of 61 x 61, 6 gauge
welded wire mesh, 18 1 nches per side, and wrapped with geotextile fabric the same composition
as that used for silt fences.
• Filter material should lap over ends six (6) inches to cover dike to dike junction; each junction
should be secured by shoat rings.
• Position dike parallel to the contours, with the end of each section closely abutting the adjacent
ReAsed Apt! 5, 2012 Page 11 afao
sections.
• There are several options for fastening the filter dike to the gibund. Tire fablie skirt maybe
toed -in with 6 iuches of compacted material, or 12 inches of the'fabtic sldrt should extend.
nPhill and be secured. with a minimum of 3 inches of open gradod rock, or with staples or nails.
If these two options are not feasible the dike structure maybe trenched in 4 inches.
• Triangular sedimentfilter.dilces should be installed across exposed slopes during construction
with ends of the dike tied into existing grades to prevent failure .and should intercept no more
than one acre of runoff.
• When moved to allowveMoular access, the dikes shouldbe reinstalled as soon as possible, but
always at the end of the workday,
i, 4
Descriptions The purpose of a rock berm is to servant; acheck dam in areas of concentrated
flow; to intercept sediment -laden tunoff, detain the zedimeut and release the water in sheet flow.
The rock berm should be used when the contributing drainage area is less than-6 acres. Rock
berms are usedin areas where the volume of runoff is too great for a silt fence to contain. They
are less effective for sediment renlovalthan silt fences, particularly for fine particles, but areable
to withstand higher flows than a silt fence. As such, rock berms are often used In areas of
channel flows (ditches, gullies, etc.). Rockberms are most effective at reducing bed load in
channels and should not be substituted for other erosion and sediment control measures further
upthe watershed. •
Materials:
• The berm structure should be secured with a woven wire sheathing having maximum opening
of 1 inch and a minimum wire diameter of 20 gauge galvanized mid should be secured with
shoat rings.
*Clean, open graded a-to6-inch diameter rock should be used, except in areas where high
velocities or large volumes of flow are expected, where 6- to 84meh diameter Locks maybe
used. - `
installation.:
• Lay out the woven wire sheathing perpendicular to the flow line. The sheathing should be 20
gauge woven wire mesh with 1 inch openings.
• Berm should have a top width of 2 feet minimum with side slopes being 2:1(H:V) or flatter,
• Place the rock along the sheathing to a height not less than 18°.
• Wrap the wire sheathing around the rock and secure with tie wire so that the ends of the
sheathing overlap at least 2 inches, dad the berm retains its shape when walked upon.
aMsedAprn 6, 20:2 rage:2 o:ao
• Berm should be built along the contour at zero percent grade or as near as possible,
• The ends of the berm should be tied into existing upslope grade and the berm should be buried
in a trench approximately 3 to 4 inches deep to prevent failure of the control.
Description: The purpose of a hay or straw bale diko is to Intercept and detain small amounts
of sediment -laden ranoff from relatively small unprotected areas. Straw bales are to be used
when it is not feasible to install other, more effective measures or whop the construction phase Is
expected to last less than 3 months.. Straw bales should not be used on areas where rock or other
hard surfaces prevent the full and uniform anchoring of the barrier.
Materials:
Straw: The best quality straw Mulch comes from wheat, oats or barley and should be free of
weed and grass seed which may not be desired vegetation for the area to be protected. Straw
mulch is light and therefore must be properly anchored to the ground.
Fray: This is very similar to straw with the exception that it is made of grasses and weeds and
not grain stems. This form of mulch is very inexpensive and is widely available but does
introduce weed and grass seed to the area. Like straw, hay is light and must be anchored.
• Straw bales should weigh a minimum of 60 pounds and shouldbe at least 3o inches long.
• Bales should be composed entirely of vegetable matter and be free of seeds.
• Binding should be either wire or nylon string, jute or cotton binding is unacceptable. Bales
should be used for not more than two months before being replaced.
FnstalIatiotu
• Bales should be embedded a minimum of 4 inches and securely anchored using z" x s^ wood
stakes or 3/8" diameter rebar driven through the bales into the ground a minimum of 6 inches.
• Bales are to be placed directly adjacent to one another leaving no gap between them.
• All bales should be placed on the contour.
• The first stake in each bale should be angled toward the previously laidbale to force the bales
together.
Brush Berms
Organic litter and spoil material from site clearing operations is usually burned or hauled away to
Revised Apra s. aoiz Page 13 o:so
be dumped elsewhere. Much of this material can be used effectively on the construction site
itself, The key to constructing an efficient brush berm is in the inethod used to obtain and place
the brush. It will not be acceptable to simply take a bulldozer and push whole trees into a pile.
This method does not assure continuous ground contact with the berm and will allow
uncontrolled flows under the berm,
Brush berms rimy be used where there is little or no concentration of water in a channel or other
drainage way above the berm. Thesize of the dtrairlage aroa should be no -greater than one-fourth
of an acre per xo.o-feet of barrier length; the maximum.slope length behind the barrier should not
exceed ioo feet; and the maximum slope gradient behind the barrier should be less than 60
percent (2:1).
M[aterialsl
• The brush should consist of woody brush and branches, preferably less than 2 inches in
diameter:
The filter fabric shouldconformto the specifications for filter fence fabric.
. The rope should be 1/a inch polypropylene or nylon rope.
• The anchors should be 3/8-inch diameter rebar stakes that are i8-inches long.
Installation:
• Lay out the brush berm following the contour as closely as possible.
• The juniper limbs should be cut and hand placed• with the vegetated part of the limb in close
contact with the ground. Bach subsequent branch should overlap the previous branch
providlrig a shingle effect.
• The brush berm should be constructed in lifts with each layer extending the entire length of the
berm before the next layer is started.
e A. trench should be excavated 6-hrches wide and 4-inches deep -along the length of the barrier
and immediately uphill from the barrier.
• The filter fabric shouldbe out into lengths sufficient to lay across the barrier from its up -slope
base to just beyond its peak. The lengths of filter fabric shouldbe draped across the width of
the barrier with the uphill edge placed in the trench and the edges of adjacent pieces
overlappingeaeb other, Where joints are necessary, the fabric shouldbe spliced togetherwith a
minimum 6-inch overlap and securely sealed.
• The trench should be haeRfilled and the soil compacted over the filter fabric.
• Set stakes into the ground along the downhill edge of the brush barrier, and anchor the fabric
Revised April g, a012 Page 14 of so
by tying rope from the ,fabric to the stakes. Drive the rope anchors into the ground at
approximately a 46-degree angleto tho ground on 6-foot centers.
Fasten the rope to the anchors and tighten berm securely to the ground with a minimum
tension of 50 pounds,
• The height of the brush berm should be a minimum of 24 inches after the securing ropes have
been tightened,
Stone Outlet Sediment Traps
A stone outlet sediment trap is an impoundment created by the placement of an earthen and
stone embankment to prevent soil and sediment loss from a site, The purpose of asediment tamp
is to Intercept sediment -laden runoff and trap the sediment in order to protect drainage ways,
properties and rights of way,below the sediment trap from sedimentation. A sediment trap is
usually installed at points of discharge from disturbed areas. Tlie drainage area for a sediment
trap is recommended to be less than 6 acres,
Larger areas should be treated using a sediment basin, A sediment trap differs from a sediment
basin mainly in the type of discharge structure, The trap should be locatedto obtain the
maximum storage benefit from the terrain, for ease of clean out and disposal of the trapped
sediment and to rriinlmtre interferenco with construction activities. Tire volume of the trap
should be at least 360o cubic feet per acre of drainage area.
Materials:
• Ali aggregate should be at least 3 inches in diameter and should not exceed a volume of o.5
cubic foot,
• The geotextJile fabric specification should be woven polypropylene, polyethylene or polyamide
geotextile, minimum writ weight of 4.5 oz/yd 2, mullen burst strength at least 250 lb/in 2,
ultraviolet stability exceeding 70%, and equivalent opening size exceeding 40.
Instrrllationc
• Earth Embankment: Place fill material in layers not more than 8 inches in loose depth.
Before compaction, molsten or aerate each layer as necessaryto provide the optimum
moisture content of the material. Compact each layer to 95 percent standard proctor density.
Do not place material on surfaces that are muddy or frozen. Side slopes for the embankment
are to be 3:1, The minimum width of the embankment should be 3 feet.
• A gap is to be left in the embankment in the location where the natural confluence of runoff
crosses the embankment line. The gap is to have a width in feet equal to 6 times the drainage
area in acres.
nevlamtApr116, 2012 Pago 16 of so
• Geotextile Covered Rock Core: A cote of filter stone having a minimumitelght of 1.6 feet and
a minimum width at the base of 3 feet shouldbe placed across the opening of the earth
embankment and should be covere0y geotextile fabric which should extend a minimum
distance of a feet in either direction from thebase of the filter stone core,
• Filter Stono Embankment: Filter stone should be placed over the geotextile and is to have a
side slo a which matches that of the earth embankment of 3:1 and should cover the
geotextile/rock core a mhumum of 6 inebes when Installation is complete. The crest of the
outlet should beat least 1 foot below the top of the embankment.
The purpose of a sediment basin is to intercept sediment -laden runoff and trap the sediment In
order to protect drainage ways, properties and rights of way below the sediment basin from .
sedimentation. A sediment basin is usually installed at points of discharge from disturbed areas,
The drainage area f6r a sediment basin Is recommended to be less tluin ioo'acres,
Sediment basins ate effective for capturing and slowly releasing the runoff from larger disturbed
areas thereby allowing sedimentation to take place. A sediment basin can be created where a
permanent pond'331A1' iabeing constructed. Guidelines for coustructlon'of the permanent BMP
should be followed, but revegetatlon, placement of underdrain piping, and Installation of sand or
other filter media should not be carried out until the site construction phase is complete,
Materials:
• Riser should be corrugated metal or reinforced concrete pipe or box and should have
watertight fittings or end to end connections of sections.
• An outlet pipe of corrugated metal or reinforced concrete should be attached to the riser and
should have positive flow to a stabilized outlet on the downstream side of the embankment.
• An anti-vortax device and rubbish screen should be attached to the top of the riser and should
be made of polyvinyl chloride or corrugated metal,
Basin Design and. Constimotion:
+ For common drainage locations thatservo an area with ten -or more acres disturbed at one
time, a sediment basin should provide storage fora volume of runoff from a two-year,24-
hour, storm from each disturbed acre drained,
• The basin length to width ratio should beat least 2:1to improve trapping efficiency. The
shape maybe attained by excavation or the use of baffles. The lengths should be measured at
the elevation of the riser de -watering hole,
• Place fill material in layers not more than 8 inches in loose depth. Before compaction,
moisten or aerate each layer as necessary to provide the optimum moisture content of the
material. Compact each layer to 95 percent standard proctor density. Do not place material
nevhedApol6, 2012 Pogo rG of So
NIA
Attncllment a
Description of BMPs
on surfaces that air muddy or frozen: Side slopes for the embankment should be 3:1(H:V).
• An emergency spillway should be installed adjacent to the embankment on undisturbed soil
and should be sized to carry the full amount of flow generated by a 10-year, 3-hour storm
with i foot of freeboard less the amount which canbe carried bythe principal outlet control
device.
• The emergency spillway should be lined with riprap as should the swale leading from the
spillwayto the normal watercourse at the base of the embankment,
• The principal outlet control device should consist of a rigid vertically oriented pipe or box of
corrugated metal or reinforced concrete. Attached to this structure should be a horizontal
pipe, which should extent through the embankment to the toe of fill to provide a de -watering
outlet for the basin,
• An anti -vortex device should be attached to the inlet portion of the principal outlet control
device to serve as a rubbish screen.
• A concrete base should be used to anchor the principal outlet control device and should be
sized to provide a safety factor of 1s (downward forces -1.6 buoyant forces).
• The basin should include a permanent stake to indicate the sediment level in the pool and
marked to indicate when the sediment occupies so% of the basin volume (not the top of the
stake).
• The top of the riser pipe should remain open and be guarded with a trash rack and anti -
vortex device.The top of the riser should be 12 inchesbolow the elevation of the emergency
spillway. The riser should be sized to convey the runoff from the, 2-yam', 3-hour storm when
the water surface is at the emergency spillway elevation. For basins with no spiIlway the r[ser
must be sized to convey the runoff firm the 10-yr, 3-hour storm.
• Anti -seep collars should be included when soil conditions or length of service make piping
through the backfill a possibillty.
• The 48-hour drawdown time will be achieved byusing a riser pipe perforated at the point
measured from the bottom of the riser pipe equal to V2 the volume of the basin. This is the
maximum sediment storage elevation. The size of the perforation may be calculated as
follows:
Asx 2h
Ao Cd x980,000
VATJ=
Revised Apil6, ems POP 17 of 30
of
Attachment 4
Description of BMPs
A. =Area of the.de-watering hole, ft 2 '
Ae = Surface area of the basin, ft 2
Q = Coefficient of contraction, approximately o.6
h = head of water above the hole, it
Perforating the riser with multiple holes with a comblued surface area
equal to A. is acceptable.
Description; Eroslon control compost (ECC) can be used as as aid to control erosion on critical
sites during the establishment period of protective -vegetation. The most common uses are on
steep slopes, swales, diversion dikes, and on tidal or stream banks.
Mater)alsi
Now types of erosion control compost are continuously being developed. The Texas Department
of Transportation (TxDOT) has established minimrun performance standards which must be met
for any products seeking to be.approved for use within any of TOOT's construction or
maintenance activities. Material used within any TOOT construction or maintenance activities
must meet material specifications in accordance with current TxDOT specifications. UDOT
maintains 4 website at•
http://ivww.ixdot.goy/businesalcontractors_consultants/cocyrling/cornpost.htin that provides
information on compost specification data,
ECC used for projects not related to TOOT should also he of quality materials b meeting
performance standards and compost specification data. To ensure the qualify of compost used as
an ECC, products -should meet all applicable state and federal regulations) including but not
limited to the United States Environmental Protection Agency (USEPA) Code of Federal
Regulations (CPR), Title 40, Part 6o3 Standards for Class Abiosolids and Texas Natural
Resource Conservation Commission (now namedTCEQ) Health and Safety Regulations as
defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant
requirements for compost products outlined inTAC; Chapter 332. Testing requirements
requrred by -the TCEQ are defined in TAC Chapter 332, including Sections §332,71 Sampling and
Analysla Requirements for Final Products and §332.72 Final Product Grades. Compost
specification data approvedbyTXDOT are appropriate to use for ensuring the use of quality
compost materials or for guidance. ..
Testing standards are dependent upon the intended use for the compost and ensures product
eafety, and and
performance regatding the product s specific use. The appropriate compost
sampling and testhlg protocols included is the United States Composting Council (USCG) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used fot ECC to euswe that the products used will not impact public health,
safely, avdthe environment and to promote production and marketing of quality composts that
meet analytical standards. TMEC0 is a laboratory manual thatprovides protocols for the
cmrposft industry and lest methods for• compost analysis. TMECC provides protocols to
sample, monitor•, and analyze matoriala during all stages of the composting pzocess. Numerous
.devised April 6, 2oia Page is Of30
parameters that might be of concern in compost can be tested by following protocols or test
methods listed in TMECC. TMECC information can be found at
http://www.tmece.org/tineec/indox.html. The USCC Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. VAprograminformatfoncanbe
found at http://tmece.org/sta/STA—program_descriplion.html.
Installation:
Install in accordance with current TxDOT speciflcatlon,
Use on slopes 3:1 or flatter.
Apply a 2 ingh uniform layer unless otherwise shown on the plans or as directed.
• When rolling is specified, use a light corrugated drum roller.
Description: Mulch and compost filter socks (erosion control logs) are used to intercept and
detain sediment laden run-off fiom unprotected areas. When properly used, mulch and compost
filter socks can be highly effective at controlling sediment from disturbed areas. They cause
runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used
during the period of construction near the perimeter of a disturbed area to intercept sediment
while allowing water to percolate through. The sock should remain in place until the area is
permanently stabilized, Mulch and compost filter socks maybe installed in construction areas
and temporarily reeved during the day to allow construction activity provided it is replaced and
properly anchored at the end of the day. Mulch and compost filter socks maybe seeded -to allow
for quick vegetative growth and reduction in run-off velocity.
Materials:
Now types of mulch and compostfilter socks are continuouslybeing developed. The Texas
Department ofllansporta0(TxDOT)hasestablishedminimumperformancestandardswhich
mustb0 met for any products seeldug to be approved for use within any ofTxDOT"s construction
or maintenance activities, Mulch and compost filter socks usedwithln any 77th construction
or maintenance activities must meet material specitications in accordance with TxDOT
specification go49, TxDOT naiutsius a werite at
http://wwcv.txdot.gov/business/contractors_consultants/recycling/compost.htm that provides
information on compost specification data.
Mulch and compost filter socks used for projects not related to TXDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the
quality of compost used for mulch and compost filter socks, products should meet all applicable
state and federal regulations, including but not limited to the United States Environmental
Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part go3 Standardsfor
Class Abiosolids undTexas Natural Resource Conservation Commission Health and Safety
Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other
RevLsed Apra 5, 2012 Page 19 of 30
relevant requirements for compostproducts outlined in TAC, Chapter 332. Testing requirements
required bythe TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and
Ana��VVsls Requirements for Final Products and §332.72 Final Product Grades. Compost
spccifloation data approved byTOOTare appi�opri'ate to use for ensuring the use of quality
compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and -testing protocols included in the United States Composting Council (USCG) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for mulch and compost filter socks to.ensurethat the products used will
not hnpact public healtkr, safety, andthe euviromneaC and to promote production audmarketing
of quality composts thatrueet analytical standards. TMIICC ie a laboratory manual that provides
protocols for the composting lndushy and test methods for compost analyyssis. TMIICC provides
protocola to sample, monitor, and anavze materials during allgtages oftitc composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols
or test methods listed in TMECC. TM CC
1n£ornratlon can be found at
http://www.tmece.org/tmece/index.html. The USCG Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. STA program information can bo
found at http://tmace.org/sta/STA—program_description.html,
installation:
• Install in accordance with TxDOT Special Specification 5049.
• Install socks (erosion control logs) near the downstream perimeter of a disturbed area to
Intercept sediment from sheet flow.
• Secure socks in a method adequate to prevent displacement as a result of normal rain events
such that flow is not allowed under the socks.
• In'3pect and maintain the socks in good condition (including staking, anchoring, etc.). .
Maintain the integrity of the control, including keeping the socks -free of accumulated silt,
debris, etc., until the disturbed area has been adequately stabilized.
Desctqption: Retention/irrigation systems rofer•to the capture of runoff in a holding pond,
then use of the captured water for irrigation of appropriate landscape areas. •Retention/irrlgation
systems -are charaoterized by the capture and disposal of runoff without direct release of captured
flow to receiving streams. Retention systems exhibit excellent pollutant removal but can -require
regular, proper maintenance.- Collection of roof runoff for subsequent use (tainwater harvesting)
also qualifies as a retention/irrigation practice; brit should be operated and sizod to provide
adequate volume. This technology, which emphasizes beneficial use of stormwater runoff, is
Revised April g, Role fto 20 0f 30
particularly appropriate for arid regions because of increasing demands on water supplies for
agricultural Irrigation and turban water supply,
Design Cousideratlons: Itetention/hrrigation practices achieve :t00% removal efficiency of
total suspended solids contained within the volume of water captured. Design elements of
retention/irrigation systems include runoff storage facility configuration and sizing, pump and
wet well system components, basin lining, basin detention time, and physical and operational
components of the irrigation system. Retention/irrigation systems are appropriate for large
drainage areas with low to moderate slopes, The retention capacity shouldbe sufficient
considering the average rainfall event for the area.
N-.iintenauee Requieextrexxts: Maintenance requirements for retention/Irrigation systems
Include routine inspections, sediment removal, mowing, debris and litter removal, erosion
control, and nuisance control,
a it .
Description; Extended detention facilities are basins that temporarily store a portion of
stonnwater runoff following a storm event. Extended detention basins are normally used to
remove particulate pollutants and to reduce maximum runoff rates associated with development
to their pre -development levels. The water quality benefits are the removal of sediment and
buoyant materials, Furthermore, nutrients, heavy metals, toxic materials, and oxygen -
demanding materials associated with the particles also are removed. The control of the
maximum runoff rates serves to protect drainage channels below the device from erosion and to
reduce downstream flooding. Although detention facilities designed for flood control have
different design requirements than those used for water quality enhancement, it is possible to
achieve these two objectives in a single facility.
Design Considerations: Extended detention basins can remove approximately 7g% of the
total suspended solids contained within the volume of runoff captured in the basin. Design
elements of extended detention basins include basin sizing, basin configuration, basin side
slopes, basin lining, {nlet/outlet structmres, and erosion controls. Extended detention basins are
appropriate for large drainage areas with low to moderate slopes. The retention capacity should
be sufficient considering the average rainfall event for the area.
Maintenance Requirements: Maintenance requirements for extended detention basins
include routine inspections, mowing, debris and litter removal, erosion control, structural
repairs, nuisance control, and sediment removal.
Vegetative Filter Strfus
Description; Filter strips, also known as vegetated buffer ships, are vegetated sections of land
similar to grassy swales except they are essentially flat with low slopes, and are designed only to
accept runoff as overland sheet flow. Theymay appear in anyvegetated form from grassland to
forest, and are designed to intercept upstream flow, lower flow velocity, and spread water out as
sheet flow. The dense vegetative cover facilitates conventional pollutant removal through
detention, filtration by vegetation, and infiltration,
Rayl ed April 5, 2012
rage 210130
Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to
effectively reduce peak disehargesto predevelopment levels for design storms. ThislateR of
quantity control favors use in rural or law -density development; however, they can provide water
quality benefits even where the impervious cover is as high as so%. The primary highway
application for vegetative filter strips 1s along rural roadways where runoff that would otherwise
discharge directly to -a receiving water passes through the filter strip before entering a
conveyance system. Properly designed roadway medians and shoulders make affective buffer
strips. Thesc devices also can be used on other types of development where land is available and
hydraulic conditions are appropriate.
Flat slopes and low to fair permeability of natural subsoil are required for effective performance
w filter strips. Although an inexpensive control measure, they aremost useful in contr:butiug
watershed areas whore peak runoff velocities are low as they are unable to treat the high flow
velocities typically associated with high impervious cover.
Successful performance of Star strips relies heavily on maintaining shallow unconcentrated
flow. To avoid flow channelization and maintain performance, afliter strip should:
• Be equipped with a level spreading device for even distribution of runoff
• Contain dense vegetation with a mix of erosion resistant, soil binding species
• be graded to a uniform,.even and relatively low slope
• lAterallytraversethecontributingrunoffarea
Filter strips can be used upgradient from watercourses, wetlands, or other water bodies along
toes and tops of slopes and at outlets of other stormwater management structures. They should
be incorporated into street drainage and master drainago planning. The most important criteria
for selection and use of this BMP are sells, space, and slope.
Design Considerations: Vegetative filter stripps can remove approximately 85% of the total
suspended8 dscontainedwlthinthevolumaoi'runoffcaphued. DeslgnelemerrtaofvegeYative
filter strips include uniform, shallow overland flow across the entire filter strip area, hydraulic
loading rate, inlet strnetirres, slope, and vegetative cover. The area shouldbe free of gullies or .
villa. whieb can concentrate flow. Vegetative filter strips are appropriate for small dntinage areas
with moderate slopes. Other design elements ine the following:
• Soils and moisture.are adequate to grow relatively dense vegetative stands
• Suf icientspace•is available
• ' Slope is less than 12%
• Comparable performance to more expensive structural controls
navi:ed April 7, 2012 Raga 22 Of 30
'rd7aM �
Attnehrnentd
Description of BM1's
Maintenanceltegnivenrents: Maintenance requirements for vegetative filter strips include
pest management, seasonal mowing and lawn care, routine inspections, debris and litter
removal, sediment removal, and gross reseeding and mulching.
Constructed Wetlands
Deseriptiom Constructed wetlands provide physical, chemical, and biological water quality
treatment of stormwater runoff', Physical treatment occurs as a result of decreasing flow
velocities in the wetland, and is present in the form of evaporation, sedimentation, adsorption,
and/or filtration. Chemical processes include chelutiou, precipitation, and chemical adsorption.
Biological processes include decomposition, plant uptake and removal of nutrients, plus
biological transformation and degradation. Hydrology is one of the most influential factors in
pollutant removal due to its effects on sedimentation, aeration, biological transformation, and
adsorption onto bottom sediments.
The wetland should he designed such that a minimum amount of maintenance is required. The
natural surroundings, including such things as the potential energy of a stream or flooding river,
should be utilized as much as possible, The wetland should approximate a natural situation and
unnatural attributes, such as rectangular shape or rigid channel, should be avoided.
Site considerations should include the watertable depth, soil/substrate, and space requirements.
Because the wetland must have a source of flow, it is deairable that the water table is at or near
the surface, If runoff 'Is the only source of inflow for the wetland, the water level often fluctuates
and establishment of vegetation may be difficult. The soil or substrate of an artificial wetland
should be loose loam to clay. A perennial baseflow must be presentto sustain the artificial
wetland. The presence of organic material is often helpful in increasing pollutant removal and
retention. A greater amount of space is required for a wetland system than is required for a
detention facility treating the same amount of area,
Design Cousiderationst Constructed wetlands can remove over go% of the total suspended
solids contained within the volume of runoff captured In the wetland. Design elements of
constructed wetlands include wetland sizing, wetland configuration, sediment forebay,
vegetation, outflow structure, depth of inundation during storm events, depth of micropools, and
aeration. Constructed wetlands are appropriate for large drainage areas with lowto moderate
slopes.
Maintenance Requirernents: Maintenance requirements for constructedwedands include
mowing, routine inspections, debris and litter removal, erosion control, nuisance control,
structural repairs, sediment removal, hat -vesting, and maintenance of water levels.
wot Basins
Description: Wet bashrs are runoff control facilities that maintain a permanent wet pool and a
standing crop of emergentlittoral vegetation, These facilities may vary in appearance from
natural ponds to enlarged, bermed (manmade) sections of drainage systems and may function as
online or offilne facilities, although offline configuration is preferable. Offline designs can
prevent scour and other damage to thewet pond and minimize costly outflow structure elements
Rwlsed April 5, 2012 PeaO ag Orgo
needed to accommodate extreme runoff events.
During storm events, runoff inflows displace part or all of the existing basin volume and are
retained and treated in the facility until the next storm event, 7110 pollutant removal'
mechanisms are settling of solids, wetland plant uptake, and microbial degradation. When the
wet basin is adequately sized, pollutant removal performance can be excellent, especially for the
dissolved fraction, Wetbasins also help provide erosion• protection for the receiving channel by
limiting peals flows duringlarger stoma events. Wetbasins are Often perceived as a positive'
aesthetic element Ina community and offer significant opportunity for creative pond
configuration and landsmpvdwign. Participation of an experionced wetland designer is
suggested.. Aslgnificantpotential drawback forwet ponds in arideiimates is thatthe
contributing watershed for these facilities is often incapable of providing an adequate water
supply to maintain the permancntpool,•especlailyduring the sumtnermonths. Makeupwater
well water or municipal drinlang water) is sometimes used to supplement the
rainfall/runoff process, especially for wetbasin facilities treating watersheds that generate
insufficient runoff.
Design Consideration: Wet basins can remove over go%•ofthe total suspended solids
contained within the volume of runoff captured in the basin. Design elements of wet basins
include heal n sizing, basin configuration, basin side slopes, sediment forebay, inflow and outflow
structures, vegetation, depth of permanent pool, aeration, and orosion•control. Wetbasins are
appropriate for large.drainage areas with low to moderate slopes,
Mailrtenanco Requiremantsi Maintenance regnirernents for wet basins include mowing,
routine inspections, debris and litter removal, erosion control, nuisance control, structural
repairs, sedimentremoval, and harvesting,
Grassy Swales ^
Grassy swales are vegetated channels that convey stormwater and remove pollutants by filtration
through grass and infiltration through soil. They require shallow slopes and soils that drain well.
Pollutant removal capability is related to channel dimensions, longitudinal sloppe, and type of.
vegetation. Optimum design of these components will increase contact time ofrunoff through the
swale aqd improve pollutant removal rates.
Grassy swales are primarily stormwater conveyance systems. TheY can provide sufficient control
under light to moderate runoff conditions, but their ability to control large storms is limited.
Therefore, they are most applicable in low to moderate sloped areas or along highway medians as
an alternative to ditches and curb and gutter drainage, Their performance diminishes sharply in
highly urbanized settings, and they are generally not effective enough to receive construction
stage runoff where high sediment loads can overwhelm the system. Grassy swales can be used as
a pretreatment measure for other downstream BMPs, such as extended detention basins.
Fnhanoed grassy swales utilize sheets dams and wide depressions to increase runoffstorageand
promote greater settling of pollutants.
Grassyswales can be more aesthetically pleasing than concrete or rock -lined drainage systems
and are generally less expensive to construct and maintain. Swales can slightly reduce
R"hed Apra 5, 2012 Page sq of ao
3 r rJJ.'
1 ,] CUM Wei
impervious area and reduce the pollutant accumulation and delivery associated with curbs and
gutters. The disadvantages of this technique include the possibility of erosion and channeNation
over time, and the need for more right-of-way as compared to a storm drain system. When
properly constructed, inspected, and maintained, the life
expectancy of a Swale is estimated to be zo years.
Design Consi'derationss
• Comparable performance to wet basins
• Limited to treating a few acres
• Availability of water during dry periods to maintain vegetation.
• Sufficient available land area
The suitability of R Swale at a site will depend on land use, size of the area serviced, soil type,
slope, imperviousness of the contributing watershed, and dimensions and slope of the swale
system. In general, swales can be used to serve areas of less than zo acres, with slopes no greater
than 5 %. The seasonal high water table should be at least q feet below the surface, Use of natural
topographiclows is encouraged, and natural drainage courses should be regarded as significant
local resources to be kept in use,
Maintenance Requirementst
Research in the Austin area indicates thatvegetated controls are effective at removing pollutants
even when dormant Therefore, irrigation is not required to maintain growth during dry periods,
but maybe necessary only to prevent the vegetation from dying.
Vegetation Lined Drainage Ditches
Vegetation lined drainage ditches are similar to grassy swales. These drainageditches are
vegetated channels that convey storm water and remove pollutants by filtration through grass
and infiltration through soil. They require soils that drain well. Pollutant removal capability is
related to channel dimensions, longitudinal slope, and type of vegetation. Optimum design of
these components will increase contact time of runoff through the ditch and improve pollutant
removal rates. Vegetation lined drainage ditches are primarily storm water conveyance systems.
They have vegetation lined in the low flow channel and may include vegetated shelves.
Vegetation in drainage ditches reduces erosion and removes pollutaatsby lowering water velocity
over the soil surface, binding soil particles with roots, and by filtration through grass and
infiltration through soil. Vegetation lined drainage ditches can be usedwhere;
• Avegetative truing can piovide sufficient stability for the channel grade by increasing
maximum permissible velocity
. slopes nre generally less than 5%, with protection from sheer stress as needed through the use
Rwbcd April 5, 2012 Pogo 2s of so
• Site conditions required to establish vegetation, i.e, climate, soils; topography, are present
Design Criterlat The suitability of a vegetation lined drainage ditch at a site will depend on
land use, 'size of the area serviced, soil type, slope, imperviousness of the contributing watershed,
and dimensions and slope of the ditch system. The hydraulic capacity of the drainage ditch and
other elements such as erosion, siltation, and pollutant removal capability, must be takeninto
consideration. Use of natural topographic lows is encouraged, and natural drainage courses
shouldbe regarded as significant local resources to be, kept in use. Otbcr items to consider
include the following:
• Capacity, cross-section shape, side'slopes, and grade
• Select appropriate native vegetation
• Construct in stable, low areas to couform with the natural drhluage system. To reduce erosion
potential, design the channel to avoid sharp bends and steep grades.
• Design' and build drainage ditches with appropriate, scour and erosion proteetiou. Surface
water shouldbe able to enter over the vegetated banks without erosion'becucring.
. BMPs, such as erosion control blankets, may needte be installed atthe time of seeding to
provide stability until the vegetation is fully established. It may also be necessary to divert water
from the channel until vegetation Is established or to line the channel with sod.
• Vegetated ditches must not be subject to sedimentation from disturbed areas.
• Sediment traps may be needed at channel inlets to prevent entry of muddy runoff and channel
sedimentation.
• Availability of water during dry periods to maintain vegetation
• Sufficient available land area
11f;aintenanceo '
During establishment, vegetation lined drainage ditches shouldbe inspected, repaired and
vegetation reestablished if necessary. After the vegetation has become established, the ditch
should be, checked periodically to datormine if the channel ie withstanding flowvelocities vAthout
damage. Checkthc ditch for debris, scour, or ru oslon andimmediatcly makerepairs if needed.
Check the channel outlet and all road crossings for bank stability sad ovitlence of piping or scour
holes and make repairs immediately, Remove all significant sediment acownulations to maintain
tine designed carrying capacity, ICeep the vegetation in ahealthy condition at all times, since it is
the prltnary erusiou pzutection far the channel. Vegetation lined drainage ditches should be
seasonally maintninedby mowing or irrigating, depending ontho vegetation selected. The long-
Aevl=d April 5, 2012 Poge 26 of 30
term management of ditches as stable, vegetated, "natural" drainage systems with native
vegetattoribuffers is highly recommended due to the inherent stability offered by grasses, shrubs,
trees, and other vegetation.
Research in the Austin area indicates that vegetated controls are effective at removing pollutants
even when dormant, Therefore, irrigation is riot required to maintain growth during dry perlods,
but may be necessary only to prevent the vegetation from dying.
The objective of sand filters is to remove sediment and the pollutants from the first flush of
pavement and impervious area runoff. The filtration of nutrients, organics, and coltform bacteria
is enhanced by a mat of bacterial slime that develops during normal operations. One of the main
advantages of sand filters is their adaptability; they can be used on areas with thin soils, high
evaporation rates, low -soil lafiltration rates, in limited -space areas, and where groundwater is to
be protected.
Since their original inception in Austin, Texas, hundreds of intermittent sand filters have been
implemented to treat atormwater runoff. There have been numerous alterations or variations in
the original design as engineers in other jurisdictions have improved and adapted the technology
to meet their specific requirements, Major types include the Austin Sand Filter, the District of
Columbia Underground Sand kilter, the Alexandria Dry Vault Sand Filter, the Delaware Sand
Filter, and peat -sand filters which are adapted to provide a sorption layer and vegetative cover to
various sand filter designs.
Design Considerationst
• Appropriate for space -limited areas
• Applicable in and climates where wet basins and constructed wetlands are not appropriate
• High TSS removal efficiency
Cost Considerations;
Filtration Systems may require less land than some other BMPs, reducing the land acquisition
cost; however the structure itself is one of the more expensive BMPs. In addition, maintenance
cost can be substantial.
ZMoslolt Conyol Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical
sites during the establishment period of protective vegetation. The most common uses are on
steep slopes, sweles, diversion dikes, and on tidal or stream banks.
Rovistd Apd15,2013 Pege a7 of 30.
Attaclnnent A
Description of BMPS
Materlalsi.
New types of erosion control compost are continuously being developed, The Texas Department
of Transportation (1kDOT) has established minimum performance standards which must be met
for any products seeking to be approved for use within any of TOOT's construction or
maintenance activities. Material used within any'rxDOT construction or maintenance activities
must meet material specifications in accordance with currentTxDOT specifications, TxD(yr
maintains a website at
http!//www.txdot.gov[business/contiucLoro_consultants/recycling/cornpost.litm that provides
Information on compost specification data.
ECC used for projects not related to TOOT should also be of quality materials by meeting
performance standards and compost specification data. -To. ensure the quality of compost used as
an ECC, products should meet all applicable state -and federal regulations, including but not
limited to the United States Environmental Protection Agency (USEPA) Code of Federal
Regulations (CFR), Vtle 40, Part 603 Standards for Class blosolids and Texas Natural
Resource Conservation Commission (now namedTCEQ) Health and Safety Regulations as
defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant
requirements for compost products outlined in TAC, Chapter 332. Testing requirements
required by the TCEQ are defined in TAC Chapter 332, including Sections §332,71 Sampling and
Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost
specification data approved by Tx'DOT are appropriate to use for ensuring the use of quality
compost materials or for guidance,
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product perforinanee regarding the product's spedfle use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for ECC to ensure that the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality composts that
meet analytical standards. TMECC is a laboratory manual that provides protocols for the
composting industry and test methods for compost analysis. TMECC provides protocols to
sample, monitor, and analyze materials during all stages of the composting process. Numerous
parameters that might be of concern in compost can be testedby following protocols or test
methods listed in TMECC. TMECC information can befound at
http://www.tmece.org/tmece/index.htmt. The USCCSeal of Testing Assurance (STA) program
contains information mgarding compost STA certification. STA program information can be
found at http://unece.org/sta/STA—progratn_desciiption.html,
installation:
• Install in accordance with currept TxDOT specification,
• Use on slopes 3:2 or flatter,
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
When rolling is specified, use alight corrugated drum roller,
aariuA April 5, 2012 POP 28 of 30
Mulch and Cornuost Filter Soclu
DeseAption: Mulch and compost filter socks (erosion control logs) are used to intercept and
detain sediment laden run-off from unprotected areas. When properly used, mulch and compost
filter socks call be highly effective at controlling sediment from disturbed areas. They cause
runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used
during the period of constriction near the perimeter of a disturbed area to intercept sediment
while allowing water to percolate through. The sock should remain in place until the area is
permanently stabilized. Mulch and compost filter socks maybe installed in construction areas
and temporarily moved during the day to allow construction activity provided it is replaced and
properly anchored at the end of the day. Mulch and compost filter socks maybe seeded to allow
for quick vegetative growth and reduction in run-off velocity.
Nfuterialss
New types of mulch and compost filter socks are continuously being developed. The Texas
Department of Transportation CDMT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any of nows construction
or maintenance activities, Mulch and compost filter socks used within shy TxDOT construction
or maintenance activities must meet material specifications in accordance with TxDOT
specification So49. TxDOT maintains a website at
littp:/Iwww.txdot.gov/business/eons actors consultams/recycling/coinpost.htm that provides
information on compost specification data.
Mulch and compost filter socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the
quality of compost used for mulch and compost filter socks, products should meet all applicable
state and federal regulations, including but not limited to the United States Environmental
Protection AAggency (USEPA) Code of Federal Regulations MR), Title 40, fart 503 Standards for
Class Abiosolida and Texas Natural Resource Conservation Commission Health and Safety
Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other
relevant requirements for compost products outlined in TAC, Chapter 332. Teathrg requirements
required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and
Aualysis Requirements for Final Products and §332.72 Final Product Grades. Compost
specification data approved by TxDOT are appropriate to use for ensuring the use of quality
compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use, The appropriate compost
aarnplhrg andtesthlg protocols included is the United States Composting Council (USCG) Test
Methods for the Bxaminatlon of Composting and Compost (TMBCC). should be conducted an
compost products used for mulch and compost filter socks to ensure that the products usedwill
not impact public ]realth, safety, and the environment andto promote production and marketing
of quality composts that meet analyticalstaudards. 7 NILCC is a laboratory manual that provides
Protocols
for the composting industry and test methods for wrapost analgqsis. TMECC provides
Protocols
to sample, monitor, and analyze materials during all stages ofthe composting process.
Revised April 5, 2012 Pegs 29 of 30
e
Attachment a
Description of BMPs
Numerous parameters that might be of concern In compost can be tested by following protocols
or test methods listed In TMBCC. TMSCC information coin be found at
http://www.tmece,oi-g/tmw`/index.btml. The USCC Seal of Testing -Assurance (VA) program
` contains information regarding compost STA certification. SPAprogram information can be
found at http;//tmeec.org/sta/STA,_program-.-desetiptioli.htriil.
installation:
• Install in accordance with TXDOT Special Specification 5049•
• Install socks (erosion control lobs) near the downstream perlmeter of a disturbed area to
intercept sediment from sheet flow.
• Secure socks In a method adequate to prevent displacement as a result of normal rain eveats
such that flow is not allowed under the socks,
• Inspect and maintain the socks in good condition (including staking, anchoring, arc.).
Maintain the integrity of the control, including keeping the socks fine of accumulated silt,
debris, etc., until the disturbed area has been adequately stabilized.
Description: Sedimentation chambers are stormwater treatment structures that canbe used
when space is limited such as urban settings, These structures are often tied into stormwater
drainage systems for treatment of stormwaterprlor to entering state waters. Tho water quality
benefits are the removal of sediment andbuoyapt materials. These structured are not designed
as a catch basin or detention basin and not typically used for floodwnteiattenuation.
Design Considerations: Average rainfall and surface area shouldbe considered when
following manufacturer's recommendations for chamber sizing and/or number of units needed
to achieve effective TSS removal, If properly sized, 50-80% removal of TS3 can be expceted.
Maintenance Requiramentg: Maintenance requirements include routine inspections,
sediment, debris and litter removal, erosion control and nuisance control.
Revised A:xl: s, 2012 Pop 30 of 30