HomeMy WebLinkAbout2005-5201 NCI PROPERTYKLEIN RETREAT_6253-C�t DEPARTMENT OF THE ARMY
VESTON DISTRICT, CORPS OF ENGIN
P.O. BOX 1229Wt GALVESTON, TEXASS 77553-1229
REPLY TO
ATTENTION OF: March 3, 2005
Evaluation Section
SUBJECT: Permit Application No. D-}�701
City of La Porte //
Parks & Recreation Department
Attn: Stephen L. Barr
1322 South Broadway Street
LaPorte, Texas 77571-5306
Dear Mr. Barr:
RECEIVED
MAR 0 7: 5
PLANNING u2T.
This is in regard to your February 17, 2005 permit application, requesting a Department of
the Army permit for bank stabilization above the ordinary high water mark. The project site is
located on Lot 19, of the W.B. Lowrance Subdivision Johnson Hunter Survey, in the City of La
Porte, in Hams County, Texas.
We have reviewed your project and have concluded that your proposed project will be
conducted above the ordinary high water mark and no fill will be placed in wetlands, therefore, it
is not subject to our jurisdiction under Section 10 of the Rivers and Harbors Act of 1899 and/or
Section 404 of the Clean Water Act. As such, a Department of the Army permit is not required.
Please note the Notification of Administrative Appeal Options regarding this determination as
enclosed.
Corps determinations are conducted to identify the limits of the Corps Clean Water Act
jurisdiction for the particular sites. This determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are
USDA program participants, or anticipate participation in USDA programs, you should request a
certified wetland determination from the local office of the Natural Resources Conservation
Service prior to starting work.
This approved determination is valid for 5 years from the date of this letter unless new
information warrants a revision of the determination prior to the expiration date. Please
reference determination number D-17013 in future correspondence pertaining to this subject. If
you have any questions concerning this determination or possible appeal of this determination,
please contact Kristi N. McMillan at the letterhead address or by telephone at 409-766-3083.
Sincerely,
Bruce H. Bennett
Leader. North Evaluation Unit
NOTIFICATION OF AD11INISTRATIVE APPEAL OPTIONS ;AND PROCESS AND
REQUEST FOR APPEAL
A licant Cityof LaPorte
File #: D-17013
Date: 3/3/05
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of Permission)
A
PROFFERED PERMIT Standard Permit or Letter of Permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http:/riAvww.usace.anuv.milf'inet'fiiictiotis./cw;cccua'regl
Or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved
jurisdictional determination (JD) or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
r-1
Aft
SECTION II - RE LES L FOR AP iL or OBJEC fIONS TO AN INITIA rZOFFERED P.EWMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is alreadv in the administrative record.
POINT OF.,CONTACT FOR ,- L k STIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
Kristi McMillan, Regulatory Specialist
James E. Gilmore, Appeal Review Officer
CESWG-PE-RE, P.O. Box 1229
CESWD-CMO-E, 1100 Commerce Street, Room 8E9
Galveston, Texas 77553-1229
Dallas, Texas 75242-0216
Telephone: 409-766-3083; FAX: 409-766-6301
Telephone: 496487-7061; FAX: 469487-7190
Email: James.E.Gilmore usace.ann .mil
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of apTellant or authorized agent.
DEPARTMENT OF THE ARMY
GALVESTON DISTRICT, CORPS OF ENGINEI
P. O. BOX 1229
GALVESTON TX T7553-1229
March 17, 2005
Evaluation Section
SUBJECT: Permit No. SWG-05-27-001; Nationwide Permit Verification
City of La Porte
Attn: Stephen L. Barr
1322 South Broadway
La Porte, Texas 77571-5306
Dear Mr. Barr: .
ri
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PARKS & RECREATION DEPT.
You may proceed with the rearrangement of the existing concrete riprap as proposed in your
letter, dated February 17, 2005, provided that the activity complies with the enclosed permitted
project plans, the Nationwide GeneralfRegional Conditions, and Texas Commission on
Environmental Quality's (TCEQ) Best Management Practice (BMP) Guidelines for Nationwide
Permit (NWP) No. 27. Your letter resulted in the initiation of the pre -construction notification
procedure specified for NWP 27. You were notified by telephone on March 16, 2005, that the
District Engineer has determined that the work is verified under NWP 27. The project site is
located on Galveston Bay, north of Sylvan Beach Park, in La Porte, Hams County, Texas.
Nationwide Permit 27 authorizes activities associated with the restoration of former tidal and
non -tidal wetlands and riparian areas, the enhancement of degraded wetlands and riparian areas,
and creation of wetlands and riparian areas in waters of the United States.
A copy of your plans in 5 sheets is enclosed. Please note the enclosed Notification of
Administrative Appeal Options regarding this Nationwide Permit. This authorization is based on
an approved jurisdictional determination and remains valid for 2 years from the date of this
letter. The following special condition has been added to your authorization:
The permittee understands and agrees that if future operations by the United
States require the removal, relocation, or other alteration of the structure or work
herein authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers to remove, relocate or alter
the structural work or obstructions caused thereby, without expense to the United
States. No claim shall be made against the United States on account of any such
removal or alteration.
-2-
Please let us know when you complete your project by returning the enclosed pre -addressed
postcard. If you have any questions concerning this matter, please contact Kristi N. McMillan at
the letterhead address or by telephone at 409-766-3083.
Sincerely,
Bruce H. Bennett
Leader, North Evaluation Unit
Enclosures:
Permitted Plans
Compliance Certificate
Nationwide General/Regional Conditions
TCEQ (May 1, 2003 BMP conditions)
BMP Guidelines
Notification of Administrative Appeal Options and Process and Requcst for Appeal
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City of La Porte Property
Project Site Map, Harris
County Key Map 580D
February 2005
Project Site
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Permit # SWG-05 27-001
Applicant: La Porte
Date: 311105
Pages: I of 5
Permit # SWG-05-27-001
Applicant: La Porte
Date: 311105
Pages: 2 of 5
INM
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Nationwide Permit General Conditions:
The following general conditions must be followed in order for any authorization by an NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure
public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in
effective operating condition during construction, and all exposed soil and other fills, as well as any work below the
ordinary high watermark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low -flow or no -flow.
4. 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 which normally migrate through the area, unless the
activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow
conditions.
5. Equipment Heavyequipment working in wetlands must be placed on mats, or other measures must be taken to
minimize soil disturbance.
6. 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),) Additionally, any case specific conditions added by the Corps or by
the State or tribe in its Section 401 water Quality Certification and Coastal Zone Management Act consistency
determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a
river officially designated by Congress as a "study river' for possible inclusion in the system, while the river is in an official
study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status.
Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the
area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. 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.
9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality certification must be obtained or
waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401
certification (either generically or individually) does not require or approve a water quality management measures, the
permittee must provide water quality management measures that will ensure that the authorized work does not result in
more that minimal degradation of water quality (or the Corps determines that compliance with state or local standards,
where applicable, will ensure no more that minimal adverse effect on water quality). An important component of water
quality management includes stormwater management that minimizes degradation of the downstream aquatic system,
including water quality (refer to General Condition 21 for stormwater management requirements). Another important
component of water quality management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only
applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most
cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring.
10. Coastal Zone Management In certain states, an individual state coastal zone management consistency concurrence
must be obtained or waived (see Section 330.4(d).
11. Endangered Species. (a) No activity is authorized under any NWP, which is likely to 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 destroy or adversely modify the critical habitat of such species.
Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected
or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until
notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied, and that the
activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical
habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the proposed work, 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. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered SpeciesAct In the absence of separate
authorization (e.g., an ESA Sectiori 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S.
Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal 'takes" of protected species
are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine
Fisheries Service. Or their World Wide Web pages at http://www.fws.gov/r9endspo/endspp.htmi and
http:/twww.nfms.gov/prot res/esahome.html respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing in the National Register
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix
C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties
listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until notified by the District Engineer, that the
requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information
on the location and existence of historic resources can be obtained from the State Historic Preservafion Office and the
National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or
eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the histdric property. -
13. Notification NWP Submittal Requirements (Contact District for Information).
14. Compliance Certification. Every permittee who has received a nationwide permit verification from the Corps will submit
a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the
Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with
the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was
completed in accordance with the permit conditions; and (c) the signature of the permittee certifying the completion of the
work and mitigation.
15. 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
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or
discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is
for repair of the public water supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a
shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water
Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the
United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when
necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider
the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to
offset adverse effects on the aquatic environment that are more than minimal.
(a) The project must be designed and constructed to avoid and minimize adverse effects.to waters of the US 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)- will be required to the extent
necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one for one ratio will be required for all wetland impacts requiring a PCN,
unless the district Engineer determines in writing that some other form of mitigation would be more environmentally
appropriate and provides a project specific waiver of this requirement Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation,-with.preservation used only in
exceptional circumstances.
(d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources or those impacted) will not be used to
increase the acreage losses allowed by the acreage limits of some of the NWPs. For example''/. -acre of wetlands cannot
be created to charge a % -acre loss of wetlands to a %nacre loss associated with NWP 39 verification. However, '/nacre
loss of wetlands can be used to reduce the impacts of '/: acre loss of wetlands to the minimum impact level in order to
meet the minimal impact requirement associated with NWPs
(e) To be practicable, the mitigation must be available and capable of being done considering cost, existing technology,
and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable
include, but are not limited to: reducing the size of the project: establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating,
restoring, enhancing, or preserving similar functions and values, preferably in the same watershed.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement
for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open
waters. In many cases vegetated buffers. will be the only compensatory mitigation required.. Vegetated buffers should
consist of native species. The width of the vegetated buffers required will address documented water quality or`aquatic
habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District
Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns.
Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases were vegetated buffers 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 impacts.
(g) Compensatory mitigation proposals submitted with the 'notification" may be either conceptual or detailed. If conceptual
plans are approved under the verification, then the Corps will condition the verification to require detailed plans be
submitted and approved by the corps prior to construction of the authorized activity in waters of the US.
(h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity specific
compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party
responsible for accomplishing and/or complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable.
Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an
important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain
preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not
permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to
impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity
must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface
flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project
site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as
flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to
manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring or water flow.
This condition is only applicable to projects that have the potential to affect water flows. While appropriate measures must
be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their
effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an. impoundment of water, adverse effects to the aquatic
system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum
extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredge or fill
material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the United States or
discharges of dredged or fill material, into breeding areas for migratory.waterfowl.must be.avoided.to the maximum extent
practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to
their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include NOAA-designated marine sanctuaries, National
Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and
endangered species, coral reefs, State natural heritage sites, and outstanding national resource waters or other waters
officially designated by a State as having particular environmental or ecological significance and identified by the District
Engineer after notice and opportunity for public comment The District Engineer may also designate additional critical
resource waters after notice and opportunity for comment(a) Except as noted below, 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, and 44 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of
dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and
Scenic Rivers if the'activity complies with'General Condition 7. 'Further, such discharges may be authorized in designated
critical habitat for Federally listed threatened or endangered species, if the activity complies with General Condition 11 and
the U.S. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance
with this condition. (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 13, 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 he
determines that the impacts to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100-year floodplains will be identified through
the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain
map.
(a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the United States
within the mapped 100 year floodplain, below headwaters (i.e. five cfs), resulting in permanent above grade fills, are not
authorized by NWPs 39, 40, 42, 43, and 44
(b) Discharges in Floodway, Above Headwaters. Discharges of dredge or fill material into waters of the US within the
FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and
44.
( c) The permittee must comply with any applicable FEMA approved state or local floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under
contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed
within 12 months after such date (including any modification that affects the project). For activities that have been verified
and the project was commenced or under contract to commence within the verification period, the work must be
completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a
Corps approved completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
D. Further Information:
1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or authorizations required by
law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project
The following regional conditions apply only within the State of Texas.
The following regional conditions apply throughout the State of Texas:
1. 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, and 44, into the following habitat types or specific areas, the applicant shall notify the appropriate District
Engineer in accordance with the NWP General Condition 13. t The Corps will coordinate with the resource agencies as
specified in NWP General Condition 13(e). The habitat types or areas are:
a. Wetlands, typically referred to as pitcher plant bogs, that are characterized by an organic surface soil layer and
include vegetation such as pitcher plants (Sarracenia sp.), sundews Drosera sp.), and sphagnum moss (Sphagnum sp.).
b. Baldcypress-Tupelo Swamps: Wetlands comprised predominantly of baldcypress trees axodium distichum ,
and water tupelo trees N ssa a uatica , that are occasionally or regularly flooded by fresh water. Common associates
include red maple Acer rubrum , swamp privet Forestiera acuminatal, green ash Fraxinus pennsvlvanica) and water elm
Planera a uatica . Associated herbaceous species include lizard's tail Saururus cemuus , water mermaid weed
(Proserpinaca spp.), buttonbush (Cephalanthus occidentalis) and smartweed (Polygonum spp.). (Eyre, F. H. Forest
Cover Types of the United States and Canada. 1980. Society of American Foresters, 5400 Grosvenor Lane, Washington,
D.C. 20014. Library of Congress Catalog Card No. 80-54185)
The following regional conditions apply only within the Galveston District:
5. NWP 12 shall not be used to authorize discharges within 500 feet ofa seagrass bed or oyster reef
6. For all 3-D seismic test discharges conducted within the coastal zone of Texas pursuant to NWP 6, the applicant shall
notify the District Engineer in accordance with the NWP General Condition 13.
7. Nationwide permits 7, 12, 14, 18, 19, 25, 29, 39, 40. 41, 42, 43, and 44 shall not be used to authorize discharges into
the following waters of the United States within the coastal zone of Texas:
a. Mangrove marshes: Wetlands within the Texas Gulf Coastal Plain that are occasionally or regularly flooded by
brackish or saline water and have more than 40 percent cover by woody plants. The dominant woody species in this
environment is the black mangrove (Avicennia genninans) with a dominant herbaceous species component of smooth
cordgrass S artina altemiflora). (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.)
b. 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 fresh to brackish water table. Vegetation species characteristically found in
coastal dune swales include but are not limited to marshhay cordgrass S artina patens , gulfdune paspalum Pas alum
monostachvum), bulrush (Scirpus spp.), seashore paspalum (Paspalum vaginatum), common reed (Phragmites australis ,
groundsel bush Baccharis halimifolia , rattlebush Sesbania drummondii), camphor weed Pluchea camphorata),
smartweed (Polvgonum spp.), water hyssop Baco a monnied , cattail (Tvpha spp.), umbrella sedge (Cyperus spp.),
softrush CLuncus spp.), sedge Carex spp.), beakrush (Rhynchospora spp.), frog -fruit P( hvla spp.), duckweed Lemna
spp.), buttonweed (Diodia viroiniana), mist flower (Eupatorium coelestinum), creeping spotflower Acmella oppositifolia var.
repens), pennywort (Hvdrocotyle spp.), and bushy bluestem (Andropogon glomeratus).' (U.S. Fish and Wildlife Service,
Houston, Texas, and the Texas General Land Office, Austin, Texas).
8. 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 13. The Corps will coordinate with the National Marine
Fisheries Service in accordance with NWP General Condition 13(e).
Texas Commission on Environmental Quality
401 Water Quality Certification Conditions for Nationwide Permits
Attachment 1
Below are the 401 water quality certification conditions the Texas Commission on Environmental
Quality (TCEQ) added to the January 15, 2002 issuance of Nationwide Permits (NWP), as described
in the Federal Register (Part II, Vol. 67, No. 10, pages 2020-2095). These conditions were included
as part of TCEQ's certification finalized on April 12, 2002 and September 5, 2003.
Additional information regarding these conditions, including descriptions of the best management
practices, can be obtained from the TCEQ by contacting the 401 Coordinator, MC-150, P. O. Box 13087,
Austin, Texas 78711-3087 or from the appropriate U.S. Army Corps of Engineers district office.
L Erosion Control
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, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22,
25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the applicant does not choose one
of the BMPs listed, an individual 401 certification is required.
o Temporary Vegetation
o Mulch
o Interceptor Swale
o Erosion Control Compost
o Compost Filter Berms and Socks
IL Sedimentation Control
o Blankets/Matting
o Sod
o Diversion Dike
o Mulch Filter Berms and Socks
Prior to project initiation, the project area must be isolated from adjacent wetlands 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 required BMPs identified for sedimentation control. These BMP's must be
maintained and remain in place until the dredged material is stabilized. At least one of the following
BMPs must be maintained and remain in place until the area has been stabilized for NWPs 3, 7, 12, 13,
14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the
applicant does not choose one of the BMPs listed, an individual 401 certification is required.
o Sand Bag Berm o Rock Berm
401 Water Quality Certification Conditions
for Nationwide Permits
Page 2
o Silt Fence
o Triangular Filter Dike
o Stone Outlet Sediment Traps
o Erosion Control Compost
o Compost Filter Berms and Socks
UL Post -Construction TSS Control
o Hay Bale Dike
o Brush Berms
o Sediment Basins
o Mulch Filter Berms and 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, and 44. If the applicant does not choose one of the BMPs listed, an individual 401
certification is required. Runoff from bridge decks has been exempted from the requirement for
post construction TSS controls.
o Retention/Irrigation
o Extended Detention Basin
o Vegetative Filter Strips
o Grassy Swales
o Erosion Control Compost
o Compost Filter Berms and Socks
o Constructed Wetlands
o Wet Basins
o Vegetation lined drainage ditches
o Sand Filter Systems
o Mulch Filter Berms and Socks
IV. Return Water from Upland Contained Disposal Areas
Effluent from an upland contained disposal areas shall not exceed a TSS concentration of300 mg/L
unless an individual certification has been issued with site -specific TSS limits.
Attachment 2
Reference to Nationwide Permits Best Management Practices Requirements
NWP.
Permit Description
Erosion Control
Sediment Control
Post
Construction
TSS
i
Aid to Navigation
2
Structures in Artificial Canals
3
Maintenance ( Repair, Replacement,
rehabilitation of currently serviceable
structure or fill)
X
X
4
Fish and Wildlife Harvesting,
Enhancement and Attraction Devices
and Activities (Duck Blinds and Crab
Traps)
5
Scientific Measurement Devices
6
Survey Activities
7
Outfall Structures and Maintenance
X
X
8
Oil and Gas Structures
9
Structures in Fleeting And Anchorage
Areas
10
Mooring Buoys
11
Temporary Recreation Structures
12
Utility Line Activities
X
X
X
13
Bank Stabilization
X
X
14
Linear Transportation Projects
X
X
X
15
U.S. Coast Guard Approved Bridges
X
X
16
Return Water From Upland Disposal
Areas
17
Hydropower Projects
X
X
X
18
Minor Discharges (25yds)
X
X
X
19
Minor Dredging
X
X
20
Oil Spill Cleanup
21
Surface Coal Mining Activities
X
X
X
22
Removal of Vessels
X
X
Attachment 2
Reference to Nationwide Permits Best Management Practices Requirements
NWP
Permit Description
Erosion Control
Sediment Control
Post
Construction
TSS
23
Approved Categorical Exclusions
24
State Administered 404 Program
25
Structural Discharges
X
X
26
Reserved
27
Stream and Wetland Restoration
X
X
28
Modifications of Existing Marinas
29
Single -Family Housing
X
X
X
30
Moist Soil Management for Wildlife
X
X
31
Maintenance of Existing Flood
Control Facilities
X
X
X
32
Completed Enforcement Actions
X
X
33
Temporary Construction, Access and
Dewatering
X
X
34
Cranberry Production
35
Maintenance Dredging of Existing
Basins
36
Boat Ramps
X
X
X
37
Emergency Watershed Protection
and Rehabilitation
X
X
38
Cleanup of Hazardous and Toxic
Waste
X
X
39
Residential, Commercial, and
Institutional 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
Stormwater Management Facilities
X
X
44
Mining Activities
X
X
X
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Tier I (Small Projects)
Checklist
Incorporation ofBest Management Practices (BMPs) into a proposed project will allow an individual
Section 404 permit application to proceed without further review by the Texas Commission on
Environmental Quality (TCEQ). The basic standards for the BMPs described in items I -III are
included in this packet. Tier I projects are those which will result in a direct impact of three acres
or less of waters in the state or 1500linear feet of streams. If a project has a combination of impacts
that exceed the threshold or is submitted after the fact, it does not qualify as a Tier I project (one acre
of impact is considered equal to 500linear feet of stream). The provisions of the checklist, including
BMPs selected by an applicant, will become part of the Section 404 permit. If an applicant fails to
implement these provisions and BMPs, the permit is subject to enforcement. Applicants who do not
wish to incorporate all the provisions of the checklist into their project or desire to use alternatives
may seek individual 401 review and certification from the TCEQ.
I. Erosion Control
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. Please check the BMP(s) you will
incorporate into your project.
❑ Temporary Vegetation
❑ Blankets/Matting
❑ Mulch
❑ Sod
❑ Erosion Control Composts*
❑ Compost Filter Berms and Socks*
❑ Mulch Filter Berms and Socks*
April12, 2004 -1-
II. Post -Construction TSS Control
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. Please check the BMP(s) you
will incorporate into your project.
❑ Retention/Irrigation
❑ Extended Detention Basin
❑ Vegetative Filter Strips
❑ Constructed Wetlands
❑ Wet Basins
III. Sedimentation Control
Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies
by the use of BMPs to confine sediment. At least one of the following BMPs must be maintained
and remain in place until project completion. Please check the BMP(s) you will incorporate into
your project.
❑ Sand Bag Berm
❑ Silt Fence
❑ Triangular Filter Dike
❑ Rock Berm
❑ Hay Bale Dike
❑ Erosion Control Compost*
❑ Compost Filter Berms and Socks*
❑ Mulch Filter Berms and Socks*
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 required
BMPs identified for sedimentation control. These BMPs must be maintained and remain in place
until the dredged material is stabilized.
April 12, 2004 -2-
Hydraulically dredged material shall be disposed of in contained disposal areas. Effluent from
contained disposal areas shall not exceed a TSS concentration of 300 mg/L.
IV. Contaminated Dredge Material
If contaminated dredge material that was not anticipated or provided for in the permit application
is encountered during dredging, operations shall cease immediately. Pursuant to § 26.039 (b) of the
Texas Water Code, the individual operating or responsible for the dredging operations shall notify the
commission's emergency response team at (512)463-7727 as soon as possible, and not later than 24
hours after the discovery of the material. The applicant shall also notify the U.S. Army Corps of
Engineers (Corps) that activities have been temporarily halted. Contaminated dredge material shall be
remediated or disposed of in accordance with TCEQ rules. Dredging activities shall not be resumed
until authorized in writing by the Commission.
"Contaminated dredge material" is defined as dredge material which has been chemically, physically,
or biologically altered by man-made or man -induced contaminants which include, but not limited to
"solid waste", "hazardous waste", and "hazardous waste constituent" as those terms are defined by 30
Texas Administration Code (TAC) Chapter 33 5, "Pollutants" as defined by Texas Water Code § 26.001
and "Hazardous Substances" as defined in the Texas Health and Safety Code, §361.003.
V. Wetland Mitigation Requirements
Where wetland mitigation is determined to be necessary by the Corps, the applicant must satisfy the
minimum success criteria established by the Corps including wetland hydrology, hydrophytic
vegetation, and two years of monitoring. If that criteria includes less than two years of monitoring,
the applicant may request water quality certification under Section 401.
*VI. Compost Requirements
New types of erosion control compost (ECC) and compost and mulch filter berms and socks are
continuously being developed. The Texas Department 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. Material used
within any TxDOT construction or maintenance activities must meet material specifications in
accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information
on compost specification data. This website also contains information on areas where the TCEQ
restricts the use of certain compost products.
ECC and compost and mulch filter berms and 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 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), Title 40, Part 503 Standards for Class A biosolids and
Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety
Regulations as defined in the TAC, Chapter 332, and all other relevant requirements for compost
April 12, 2004 -3-
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 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
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. TMECC information can be found at http://www.tmece.org/tmecc/index.html.
The USCC Seal of Testing Assurance (STA) program contains information regarding compost
STA certification. STA program information can be found at http://tmecc.org/sta/STA_program
description.html.
VII. Coastal Zone Management Act
In accordance with 31 TAC § 506, all projects located in the coastal zone boundary shall be
consistent with the Texas Coastal Management Program.
Applicant should sign and return the original statement and completed checklist to the U.S. Army
Corps of Engineers and send a cony to the TCEO. Questions regarding the checklist should be
directed to the TCEQ.
U.S. Army Corps of Engineers Water Quality Assessment Section - 401 Coordinator
Regulatory Branch Texas Commission on Environmental Quality
MC-150
P.O. Box 13087
Fax:
Applicant's Name (please print):
Austin, Texas 78711
(512) 239-5366
Fax (512)239-4420
Corps Project Manager or Regulatory Specialist (if known):
Permit Number (if known):
I will incorporate all of the above requirements and selected BMPs (Items I, II, and III) into my
proposed project. I understand that these requirements and BMPs as described above will be part
of my Section 404 permit, and failure to implement any of them will constitute a permit violation.
Date:
Applicant Signature:
April 12, 2004 -4-
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Description of BMPs
(Tier I Projects)
EROSION CONTROL BMPs
Temporary Vegetation
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 may be
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.
Installation:
• 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 agricultural extension agent.
• The seed should be applied uniformly.
• Steep slopes should covered with appropriate soil stabilization matting.
April 12, 2004
Blankets and Matting
Description: Blankets and matting material can be used as an aid to control erosion on critical sites during
the establishment period of protective vegetation. The most common uses are in channels, interceptor
swales, diversion dikes, short, steep slopes, and on tidal or stream banks.
Materials:
New types of blankets and matting materials are continuously being developed. The Texas Department of
Transportation (TxDOT) has defined the critical performance factors for these types of products and has
established minimum performance standards which must be met for any product seeking to be approved for
use within any of TXDOT s construction or maintenance activities. The products that have been approved
by TxDOT are also appropriate for general construction site stabilization. TxDOT maintains a web site at
http://www.dot.state.rx.ustnsdtdot/orgchart/cmd/erosion/contents.hrEm which is updated as new products
are evaluated.
Installation:
• Install in accordance with the manufacturer's recommendations.
• Proper anchoring of the material.
• Prepare a friable seed bed 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 may be dug with a spade or a mechanical trencher.
• Erosion stops should be deep enough to penetrate solid material or below level 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.
Mulch
Description: Mulching is the process of applying a material to the exposed soil surface to protect it from
erosive forces and to conserve soil moisture until plants can become established. When seeding critical sites,
sites with adverse soil conditions or seeding on other than optimum seeding dates, mulch material should
be applied immediately after seeding. Seeding during optimum seeding dates and with favorable soils and site
conditions will not need to be mulched.
Materials:
• Mulch may be small grain straw which should be applied uniformly.
• On slopes 15 percent or greater, a binding chemical must be applied to the surface.
April 12, 2004 2-
• Wood -fiber or paper -fiber mulch may be applied by hydroseeding.
• Mulch nettings may be used.
• Wood chips may be 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 tool, or liquid mulch binders.
Sod
Description: 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.
• Tom 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.
Installation:
• 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 dry weather.
• Sod should not be laid on soil surfaces that are frozen.
• During periods of high temperature, the soil should be lightly irrigated.
April 12, 2004
• The first row of sod should be laid in a straight line with subsequent rows placed parallel to and butting
tightly against each other.
• Lateral joints should be staggered to promote more uniform growth and strength.
• Wherever erosion may be a problem, sod should be laid with staggered joints and secured.
• Sod should be installed with the length perpendicular to the slope (on the contour).
• Sod should be rolled or tamped.
• Sod should be irrigated to a sufficient depth.
• Watering should be performed as often as necessary to maintain soil moisture.
• The first mowing should not be attempted until the sod is firmly rooted.
• Not more than one third of the grass leaf should be removed at any one cutting.
Erosion Control Compost
Description: Erosion 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.
Materials:
New types of erosion control compost are continuously being developed. The Texas Department of
Transportation (TxDOT) has established m nimum performance 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
http://www.dot.state.tx.us/des/landscape%ompost/specifications.htm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
ECC 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 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), Title 40, Part 503
Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ)
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 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
April 12, 2004 -4-
product performance regarding the product's specific 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 tested by following protocols or test methods listed
in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc[iindex.html. The USCC
Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at http://tmecc.org/sta/STA_program_description.htmi.
Installation
• Install in accordance with current TxDOT specification.
• Use on slopes 3:1 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.
Mulch Filter Berms and Socks
Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch filter
berms and 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 berm or sock should remain in place until
the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of
water in a channel or drainage way. If concentrated flows occurs after installation, corrective action must
be taken. Mulch filter socks may be 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
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas Department 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 filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch filter berms and 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
April 12, 2004
mulch filter berms and 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 A biosolids 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. 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 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 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 mulch filter
berms and 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 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
http://www.tmecc.org/tmecc[index.html. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with current TxDOT specification.
• Mulch filter berths should be constructed at 1.1/2 feet high and 3 foot wide at locations shown on plans
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
• Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be
designed to allow for proper percolation through.
Compost Filter Berms and Socks
Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost
filter berms and 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 berm or sock should remain in place until
the area is permanently stabilized. Compost filter berms should not be used when there is a concentration
of water in a channel or drainage way. If concentrated flows occur after installation, corrective action must
be taken. Compost filter socks may be installed in construction areas and temporality moved during the day
to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost
April 12, 2004 -6-
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity
Materials:
New types of compost filter berms and socks are continuously being developed. The Texas Department 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.
Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at
http://www.dot.state.cx.us/desllandscape/compost/specifications.htm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and 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
as composi filter berms and 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 A biosolids and Texas Natural Resource
Conservation Commission (now named TCEQ) 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 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 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 compost filter
berms and 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 and test methods for compost
analysis. T 4ECC 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://v/ww.tmecc.org/tmecc[index.html. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program_description.himl.
Installation:
• Install in accordance with TxDOT Special Specification 1059.
• Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
April 12, 2004 -7-
• Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed
allowing for proper percolation through.
SEDIMENT CONTROL BMPS
Sand Bag Berm
Description: The purpose of a sandbag berm is to detain sediment carried in runoff from disturbed areas.
This objective is accomplished by intercepting runoff and causing it to pool behind the sand bag 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. Sand bag berms
are used only during construction activities in streambeds when the contributing drainage area is between
5 and 10 acres and the slope is less than 15%, i.e., utility construction in channels, temporary channel
crossing for construction equipment, etc. 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 (#5
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
70 percent.
• The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should be 6 to
8 inches.
• Sandbags should be filled with coarse grade sand and free from deleterious material. All sand should pass
through a No. 10 sieve. The filled bag should have an approximate weight of 40 pounds.
• Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a nominal internal
diameter of 4 inches.
Installation:
• The berm should be a minimum height of 18 inches, measured from the top of the existing ground at the
upslope toe to the top of the berm.
• The berm should be sized as shown in the plans but should have a minimum width of 48 inches measured
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
April 12, 2004 -8-
• The base of the berm should have at least 3 sandbags. These can be reduced to 2 and 1 bag in the second
and third rows respectively.
• For each additional 6 inches of height, an additional sandbag must be added to each row width.
• A bypass pump -around system, or similar alternative, should be used on conjunction with the berm for
effective dewatering of the work area.
Silt Fence
Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to prevent soil
and sediment loss from a site. When properly used, silt fences can be highly effective at controlling sediment
from disturbed areas. They cause runoff to pond which allows heavier solids to settle. If not properly
installed, 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 fence should remain in place until the disturbed area is permanently stabilized. Silt fence
should 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 may be 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 polyamide woven or nonwoven fabric. The
fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding
190lb/in 2, ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30.
• Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y-bar cross section, surface
painted or galvanized, minimum nominal weight 1.25 lb/ft 2, and Brindell hardness exceeding 140.
• Woven wire backing to support the fabric should be galvanized 2" x 4" welded wire, 12 gauge minimum.
Installation:
• 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 1 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 fence
should be sited so that the maximum drainage area is acre/100 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 trenched in
(e.g., pavement or rock outcrop), weight fabric flap with 3 inches of pea gravel on uphill side to prevent flow
from seeping under fence.
April 11, 2004 -9-
• 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 or to 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.
Trianm_Aar Filter Dike
Description: The purpose of a triangular sediment filter dike is to intercept and detain water-bome
sediment from unprotected areas of limited extent. The triangular sediment filter dike is used where there
is no concentration of water in a 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 10%, the length of the slope
above the dike should be less than 50 feet. If concentrated flow occurs after installation, corrective action
should be taken such as placing rock berm 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 moved to allow vehicle traffic and then
reinstalled to maintain sediment
Materials:
• 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 oz/yd, mullen burst strength exceeding
190 lblm 2, ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30.
• 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 6" x 6", 6 gauge welded wire
mesh, 18 inches 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 sections.
• There are several options for fastening the filter dike to the ground. The fabric skirt maybe toed -in with
6 inches of compacted material, or 12 inches of the fabric skirt should extend uphill and be secured with a
minimum of 3 inches of open graded rock, or with staples or nails. If these two options are not feasible the
dike structure may be trenched in 4 inches.
• Triangular sediment filter dikes 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 allow vehicular access, the dikes should be reinstalled as soon as possible, but always at
April 12, 2004 -10-
the end of the workday.
Rock Berm
Description: The purpose of a rock berm is to serve as a check dam in areas of concentrated flow, to
intercept sediment -laden runoff, detain the sediment and release the water in sheet flow. The rock berm
should be used when the contributing drainage area is less than 5 acres. Rock berms are used in areas where
the volume of runoff is too great for a silt fence to contain. They are less effective for sediment removal than
silt fences, particularly for fine panicles, but are able to withstand higher flows than a silt fence. As such,
rock berms are often used in areas of channel flows (ditches, gullies, etc.). Rock berms are most effective
at reducing bed load in channels and should not be substituted for other erosion and sediment control
measures further up the 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 and should be secured with shoat rings.
• Clean, open graded 3- to 5-inch diameter rock should be used, except in areas where high velocities or
large volumes of flow are expected, where 5- to 8-inch diameter rocks may be 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, and the berm retains its shape when walked upon.
• 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.
Hay Bale Dike
Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of sediment -
laden runoff from relatively small unprotected areas. Straw bales are to be used when it is not feasible to
install other, more effective measures or when 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.
April 12, 2004 -11-
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.
Hay: 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 50 pounds and should be at least 30 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.
Installation:
• Bales should be embedded a minimum of 4 inches and securely anchored using 2" x 2" 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 laid bale to force the bales together.
Erosion Control 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, swales,
diversion dikes, and on tidal or stream banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas Department 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.
Material used within any TxDOT construction or maintenance activities must meet material specifications
in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape%ompost/specifications.hcm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
ECC 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 ECC, products
should meet all applicable state and federal regulations, including but not limited to the United States
April 12, 2004 -12-
Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503
Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ)
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 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 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 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 tested by following protocols or test methods listed
in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc[index.html. The USCC
Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
• When rolling is specified, use a light corrugated drum roller.
Mulch Filter Berms and Socks
Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch filter
berms and 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 berm or sock should remain in place until
the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of
water in a channel or drainage way. If concentrated flows occurs after installation, corrective action must
be taken. Mulch filter socks may be 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
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for any
April12, 2004 -13-
products seeking to be approved for use within any of TxDOT's construction or maintenance activities.
Mulch filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/desAandscape/compost/specifications.hrm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch filter berms and 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 filter berms and socks, products should meet all applicable state and federal regulations, includingbut
not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations
(CFR), Title 40, Part 503 Standards for Class A biosolids 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. 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 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 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 mulch filter
berms and 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 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
http://www.tmecc.org/tmecclmdex.himl. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program_description.htn-l.
Installation:
• Install in accordance with current TxDOT specification.
• Mulch filter berms should be constructed at 1-12 feet high and 3 foot wide at locations shown on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
• Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be
designed to allow for proper percolation through.
April 12, 2004 -14-
Compost Filter Berms and Socks
Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost
filter berms and 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 berm or sock should remain in place until
the area is permanently stabilized. Compost filter berms should not be used when there is a concentration
of water in a channel or drainage way. If concentrated flows occur after installation, corrective action must
be taken. Compost filter socks may be installed in construction areas and temporality moved during the day
to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of compost filter berms and socks are continuously being developed. The Texas Department 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.
Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at
http://www.dot.state.rx.us/des/landscape%ompost/specifications.htm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and 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
as compost filter berms and 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 A biosolids and Texas Natural Resource
Conservation Commission (now named TCEQ) 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 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 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 compost filter
berms and 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 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
http://www.tmecc.org/tmecc/mdex.html. The USCC Seal of Testing Assurance (STA) program contains
April 12, 2004 -15-
information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with TxDOT Special Specification 1059.
• Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1 /3 of
the height of the berm. Disperse filter berm or leave in place as directed.
• Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed
allowing for proper percolation through.
POST -CONSTRUCTION TSS CONTROLS
Retention/Irrigation Systems
Description: Retention/irrigation systems refer to the capture of runoff in a holding pond, then use of the
captured water for irrigation of appropriate landscape areas. Retention/irrigation systems are characterized
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 (rainwater harvesting) also qualifies as a retention/irrigation practice, but should
be operated and sized to provide adequate volume. This technology, which emphasizes beneficial use of
stormwater runoff, is particularly appropriate for and regions because of increasing demands on water
supplies for agricultural irrigation and urban water supply.
Design Considerations: Retention/irrigation practices achieve 100% 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 should
be sufficient considering the average rainfall event for the area.
Maintenance Requirements: Maintenance requirements for retention/irrigation systems include routine
inspections, sediment removal, mowing, debris and litter removal, erosion control, and nuisance control.
Extended Detention Basin
Description: Extended detention facilities are basins that temporarily store a portion of stormwater 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
April 12, 2004 -16-
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 75%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, inlet/outlet structures, 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 Strips
Description: Filter strips, also known as vegetated buffer strips, 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. They may appear in any vegetated 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.
Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively
reduce peak discharges to predevelopment levels for design stoma. This lack of quantity control favors use
in rural or low -density development; however, they can provide water quality benefits even where the
impervious cover is as high as 50%. The primary highway application for vegetative filter strips is 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 effective
buffer strips. These 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 of filter strips. Although an inexpensive control measure, they are most useful in
contributing watershed areas where peak runoff velocities are low, as they are unable to treat the high flow
velocities typically associated with high impervious cover. The most important criteria for selection and use
of this BMP are soils, space, and slope.
Design Considerations: Vegetative filter strips can remove approximately 85% of the total suspended solids
contained within the volume of runoff captured. Design elements of vegetative filter strips include uniform,
shallow overland flow across the entire filter strip area, hydraulic loading rate, inlet structures, slope, and
vegetative cover. The area should be free of gullies or rills which can concentrate flow. Vegetative filter
strips are appropriate for small drainage areas with moderate slopes.
Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest
management, seasonal mowing and lawn care, routine inspections, debris and litter removal, sediment
removal, and grass reseeding and mulching.
Constructed Wetlands
Description: Constructed wetlands provide physical, chemical, and biological water quality treatment of
April 12, 2004 -17-
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 chelation, 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 be 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 water table depth, soil/substrate, and space requirements. Because
the wetland must have a source of flow, it is desirable 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 present to 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 Considerations: Constructed wetlands can remove over 90% 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 low to moderate slopes.
Maintenance Requirements: Maintenance requirements for constructed wetlands include mowing, routine
inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal,
harvesting, and maintenance of water levels.
Wet Basins
Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a standing
crop of emergent littoral vegetation. These facilities may vary in appearance from natural ponds to enlarged,
bermed (manmade) sections of drainage systems and may function as online or offline facilities, although
offline configuration is preferable. Offline designs can prevent scour and other damage to the wet pond and
minimize costly outflow structure elements 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. The 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. Wet basins also help provide erosion
protection for the receiving channel by limiting peak flows during larger storm events. Wet basins are often
perceived as a positive aesthetic element in a community and offer significant opportunity for creative pond
configuration and landscape design. Participation of an experienced wetland designer is suggested. A
significant potential drawback for wet ponds in and climates is that the contributing watershed for these
facilities is often incapable of providing an adequate water supply to maintain the permanent pool, especially
during the summer months. Makeup water (i.e., well water or municipal drinking water) is sometimes used
April 12, 2004 -18-
to supplement the rainfall/runoff process, especially for wet basin facilities treating watersheds that generate
insufficient runoff.
Design Considerations: Wet basins can remove over 90% of the total suspended solids contained within
the volume of runoff captured in the basin. Design elements of wet basins include basin sizing, basin
configuration, basin side slopes, sediment forebay, inflow and outflow structures, vegetation, depth of
permanent pool, aeration, and erosion control. Wet basins are appropriate for large drainage areas with low
to moderate slopes.
Maintenance Requirements: Maintenance requirements for wet basins include mowing, routine
inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal,
and harvesting.
April12, 2004 -19-
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NQ. TIFICA'!` ON 0l"-AI)NII.NIS'I`IZA'i'IVE APPI.Al"^
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Applicant: Cityof La Porte File #: SA Date: 3/17/05
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of Permission A
PROFFERED PERMIT Standard Permit or Letter of Permission B
PERMIT DENIAL C
X
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights raid options regarding an administrative appeal of the abo,� e .
decision..Additionai infonuation may be found at Erttn:%��+'c� i��ace_anriv.mil!utet functions,'cv �`cecwoire
Or Cor sire =ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved
jurisdictional determination (JD) or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTI„ ` �)I - REQUESTFOR APPEAL or OBJECTIONS TO AN INTIAL� OFFERED PERNITT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you ma' provide additional information to clarifN the location of information that is itheadx in the administrateve record.
POINT CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
Kristi McMillan, Regulatory Specialist
James E. Gilmore, Appeal Review Officer
CESWG-PE-RE, P.O. Box 1229
CESWD-CMO-E, 1100 Commerce Street, Room 8E9
Galveston, Texas 77553-1229
Dallas, Texas 75242-0216
Telephone: 409-766-3083; FAX: 409-766-6301
Telephone: 496487-7061; FAX: 469487-7190
Email: James.E.Gilmore usace.arm .mil
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or authorized agent.
DEPARTMENT CO THErGINEER
GALVESTON DISTRICT, CORPS OFP. O. BOX 1229
T75GALVESTON TX 77553-1
March 17, 2005
aFxr ro 1
•rrvmoa or: /
Evaluation Section
SUBJECT: Permit No. SWG-05-27-001; Nationwide Permit Verification
City of La Porte
Attn: Stephen L. Barr
1322 South Broadway
LaPorte, Texas 77571-5306
Dear Mr. Barr:
RECEIVED
MAR S (i 2005
PLANNING DEPT
PARKS & RECREATION DEPT.
You may proceed with the rearrangement of the existing concrete riprap as proposed in your
letter, dated February 17, 2005, provided that the activity complies with the enclosed permitted
project plans, the Nationwide General/Regional Conditions, and Texas Commission on
Environmental Quality's (TCEQ) Best Management Practice (BMP) Guidelines for Nationwide
Permit (NWP) No. 27. Your letter resulted in the initiation of the pre -construction notification
procedure specified for NWP 27. You were notified by telephone on March 16, 2005, that the
District Engineer has determined that the work is verified under NWP 27. The project site is
located on Galveston Bay, north of Sylvan Beach Park, in La Porte, Harris County, Texas.
Nationwide Permit 27 authorizes activities associated with the restoration of former tidal and
non -tidal wetlands and riparian areas, the enhancement of degraded wetlands and riparian areas,
and creation of wetlands and riparian areas in waters of the United States.
A copy of your plans in 5 sheets is enclosed. Please note the enclosed Notification of
Administrative Appeal Options regarding this Nationwide Permit. This authorization is based on
an approved jurisdictional determination and remains valid for 2 years from the date of this
letter. The following special condition has been added to your authorization:
The permittee understands and agrees that if future operations by the United
States require the removal, relocation, or other alteration of the structure or work
herein authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers to remove, relocate or alter
the structural work or obstructions caused thereby, without expense to the United
States. No claim shall be made against the United States on account of any such
removal or alteration.
o?vos—s2d/
-2-
Please let us know when you complete your project by returning the enclosed pre -addressed
postcard. If you have any questions concerning this matter, please contact Kristi N. McMillan at
the letterhead address or by telephone at 409-766-3083.
Sincerely,
Bruce H. Bennett
Leader, North Evaluation Unit
Enclosures:
Permitted Plans
Compliance Certificate
Nationwide General/Regional Conditions
TCEQ (May 1, 2003 BMP conditions)
BMP Guidelines
Notification of Administrative Appeal Options and Process and Request for Appeal
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Nationwide Permit General Conditions:
The following general conditions must be followed in order for any authorization by an NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure
public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in
effective operating condition during construction, and all exposed soil and other fills, as well as any work below the
ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Pennittees are
encouraged to perform work within waters of the United States during periods of low -flow or no -flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary fife cycle movements of those species of
aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow
conditions.
5. Equipment Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to
minimize soil disturbance.
6. 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).) Additionally, any case specific conditions added by the Corps or by
the State or tribe in its Section 401 water Quality Certification and Coastal Zone Management Act consistency
determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a
river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official
study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status.
Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the
area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. 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.
9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality certification must be obtained or
waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42. 43, and 44, where the State or tribal 401
certification (either generically or individually) does not require or approve a water quality management measures, the
permittee must provide water quality management measures that will ensure that the authorized work does not result in
more that minimal degradation of water quality (or the Corps determines that compliance with state or local standards,
where applicable, will ensure no more that minimal adverse effect on water quality). An important component of water
quality management includes stonnwater management that minimizes degradation of the downstream aquatic system,
including water quality (refer to General Condition 21 for stormwater management requirements). Another important
component of water quality management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only
applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most
cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring.
10. Coastal Zone Management In certain states, an individual state coastal zone management consistency concurrence
must be obtained or waived (see Section 330.4(d).
11. Endangered Species. (a) No activity is authorized under any NWP, which is likely to 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 destroy or adversely modify the critical habitat of such species.
Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected
or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until
notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied, and that the
activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical
habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the proposed work, 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. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered Species Act -In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S.
Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal 'takes" of protected species
are in violation of the Endangered Species Act Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine
Fisheries Service. Or their World Wide Web pages at htto://www.tws.gov/r9endspp/endsoo.htmi and
http://www.nfns.gov/prat res/esahome.htmlrespectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing in the National Register
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix
C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties
listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until notified by the District Engineer, that the
requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information
on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the
National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or
eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the'histdric property.
13. Notification NWP Submittal Requirements (Contact District for Information).
14. Compliance Certification. Every permittee who has received a nationwide permit verification from the Corps will submit
a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the
Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with
the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was
completed in accordance with the permit conditions; and (c) the signature of the permittee certifying the completion of the
work and mitigation.
15. 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
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or
discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is
for repair of the public water supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a
shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water
Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the
United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when
necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider
the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to
offset adverse effects on the aquatic environment that are more than minimal.
(a) The project must be designed and constructed to avoid and minimize adverse effects. to waters of the US 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)- will be required to the extent
necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one for one ratio will be required for all wetland impacts requiring a PCN,
unless the district Engineer determines in writing that some other form of mitigation would be more environmentally
appropriate and provides a project specific waiver of this requirement Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation,.with.preservation used only in
exceptional circumstances.
(d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources or those impacted) will not be used to
increase the acreage losses allowed by the acreage limits of some of the NWPs. For example '%-acre of wetlands cannot
be created to charge a % -acre loss of wetlands to a '/:acre loss associated with NWP 39 verification. However, '/:acre
loss of wetlands can be used to reduce the impacts of '/2 acre loss of wetlands to the minimum impact level in order to
meet the minimal impact requirement associated with NWPs
(e) To be practicable, the mitigation must be available and capable of being done considering cost, existing technology,
and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable
include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating,
restoring, enhancing, or preserving similar functions and values, preferably in the same watershed.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement
for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open
waters. In many cases vegetated buffers. will be the only compensatory mitigation required., Vegetated buffers should
consist of native species. The width of the vegetated buffers required will address documented water quality'oraquatic
habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District
Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concems.
Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases were vegetated buffers 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 impacts.
(g) Compensatory mitigation proposals submitted with the 'notification" may be either conceptual or detailed. If conceptual
plans are approved under the verification, then the Corps will condition the verification to require detailed plans be
submitted and approved by the corps prior to construction of the authorized activity in waters of the US.
(h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity specific
compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party
responsible for accomplishing and/or complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable.
Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an
important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain
preoonstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not
permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to
impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity
must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface
flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project
site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channeliizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as
flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to
manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring or water flow.
This condition is only applicable to projects that have the potential to affect water flows. While appropriate measures must
be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their
effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an. impoundment of water, adverse effects to the aquatic
system due to the acceleration of the passage of water, and/or the restricting its flow shall'be minimized to the maximum
extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredge or fill
material.
23. Waterfowl Breeding Areas, Activities, including structures and work in navigable waters of the United States or
discharges of dredged or fill material, into breeding areas for migratory.waterfowl.must be avoided -to the maximum extent
practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to
their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include NOAA-designated marine sanctuaries, National
Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and
endangered species, coral reefs, State natural heritage sites, and outstanding national resource waters or other waters
officially designated by a State as having particular environmental or ecological significance and identified by the District
Engineer after notice and opportunity for public comment The District Engineer may also designate additional critical
resource waters after notice and opportunity for comment(a) Except as noted below, 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, and 44 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of
dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and
Scenic Rivers 9 the'activitycomplies with'General Condition 7. 'Fu'rther, such discharge's may be authorized in designated
critical habitat for Federally listed threatened or endangered species, if the activity complies with General Condition 11 and
the U.S. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance
with this condition. (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 13, 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 he
determines that the impacts to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100-year floodplains will be identified through
the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain
map.
(a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the United States
within the mapped 100 year floodplain, below headwaters (i.e. five cfs), resulting in permanent above grade fills, are not
authorized by NWPs 39, 40, 42. 43, and 44
(b) Discharges in Floodway, Above Headwaters. Discharges of dredge or fill material into waters of the US within the
FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and
44.
( c) The permittee must comply with any applicable FEMA approved state or local floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under
contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed
within 12 months after such date (including any modification that affects the project). For activities that have been verified
and the project was commenced or under contract to commence within the verification period, the work must be
completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a
Corps approved completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
D. Further Information:
1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or authorizations required by
law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
The following regional conditions apply only within the State of Texas.
The following regional conditions apply throughout the State of Texas:
1. 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, and 44, into the following habitat types or specific areas, the applicant shall notify the appropriate District
Engineer in accordance with the NWP General Condition 13.-The Corps will coordinate with the resource agencies as
specified in NWP General Condition 13(e). The habitat types or areas are:
a. Wetlands, typically referred to as pitcher plant bogs, that are characterized by an organic surface soil layer and
include vegetation such as pitcher plants (Sarracenia sp.), sundews Drosera sp.), and sphagnum moss (Sphagnum sp.).
b. Baldcypress-Tupelo Swamps: Wetlands comprised predominantly of baldcypress trees (Taxodium distichum ,
and water tupelo trees N ssa a uatica , that are occasionally or regularly flooded by fresh water. Common associates
include red maple (Acer rubrum , swamp privet (Forestiera acuminata , green ash Fraxinus Pennsvtvanica) and water elm
Planera a uatica . Associated herbaceous species include lizard's tail Saururus cemuus , water mermaid weed
(Proseminaca spp.), buttonbush (Cephalanthus occidentalis) and smartweed (Polygonum spp.). (Eyre, F. H. Forest
Cover Types of the United States and Canada. 1980. Society of American Foresters, 5400 Grosvenor Lane, Washington,
D.C. 20014. Library of Congress Catalog Card No. 80-54185)
The following regional conditions apply only within the Galveston District:
5. NWP 12 shall not be used to authorize discharges within 500 feet of -a seagrass bed or oyster reef
6. For all 3-D seismic test discharges conducted within the coastal zone of Texas pursuant to NWP 6, the applicant shall
notify the District Engineer in accordance with the NWP General Condition 13.
7. Nationwide permits 7, 12, 14. 18, 19, 25, 29, 39, 40, 41. 42, 43, and 44 shall not be used to authorize discharges into
the following waters of the United States within the coastal zone of Texas:
a. Mangrove marshes: Wetlands within the Texas Gulf Coastal Plain that are occasionally or regularly flooded by
brackish or saline water and have more than 40 percent cover by woody plants. The dominant woody species in this
environment is the black mangrove (Avicennia germinans) with a dominant herbaceous species component of smooth
cordgrass S artina altemiflora). (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.)
b. 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 fresh to brackish water table. Vegetation species characteristically found in
coastal dune swales include but are not limited to marshhay cordgrass S artina patens , gulfdune paspalum Pas alum
monostachvum), bulrush (Scirpus spp.), seashore paspalum (Paspalum vaginatum), common reed (Phragmites australis ,
groundsel bush (Baccharis halimifolia , rattlebush Sesbania drummondii), camphor weed Pluchea camphorata),
smartweed (PoNgonum spp.), water hyssop Baco a monnied , cattail (Tvpha spp.), umbrella sedge (Cyperus spp.),
softrush Juncus spp.), sedge Carex spp.), beakrush (Rhynchospora spp.), frog -fruit P( hvta spp.), duckweed Lemna
spp.), buttonweed (Diodia viroinianal, mist flower (Eupatodum coelestinum), creeping spotflower Acmella oopositifolia var.
repens), pennywort (Hvdrocotvle spp.), and bushy bluestem (Andropogon glomeratus).' (U.S. Fish and Wildlife Service,
Houston, Texas, and the Texas General Land Office, Austin, Texas).
8. 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 13. The Corps will coordinate with the National Marine
Fisheries Service in accordance with NWP General Condition 13(e).
Texas Commission on Environmental Quality
401 Water Quality Certification Conditions for Nationwide Permits
Attachment 1
Below are the 401 water quality certification conditions the Texas Commission on Environmental
Quality (TCEQ) added to the January 15, 2002 issuance of Nationwide Permits (NWP), as described
in the Federal Register (Part II, Vol. 67, No. 10, pages 2020-2095). These conditions were included
as part of TCEQ's certification finalized on April 12, 2002 and September 5, 2003.
Additional information regarding these conditions, including descriptions of the best management
practices, can be obtained from the TCEQ by contacting the 401 Coordinator, MC-150, P. O. Box 13087,
Austin, Texas 78711-3087 or from the appropriate U.S. Army Corps of Engineers district office.
L Erosion Control
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, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22,
25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the applicant does not choose one
of the BMPs listed, an individual 401 certification is required.
o Temporary Vegetation
o Mulch
o Interceptor Swale
o Erosion Control Compost .
o Compost Filter Berms and Socks
H. Sedimentation Control
o Blankets/Matting
o Diversion Dike
o Mulch Filter Berms and Socks
Prior to project initiation, the project area must be isolated from adjacent wetlands 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 required BMPs identified for sedimentation control. These BMP's must be
maintained and remain in place until the dredged material is stabilized. At least one of the following
BMPs must be maintained and remain in place until the area has been stabilized for NWPs 3, 7, 12, 13,
14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the
applicant does not choose one of the BMPs listed, an individual 401 certification is required.
o Sand Bag Berm o Rock Berm
401 Water Quality Certification Conditions
for Nationwide Permits
Page 2
o Silt Fence
o Triangular Filter Dike
o Stone Outlet Sediment Traps
o Erosion Control Compost
o Compost Filter Berms and Socks
M. Post -Construction TSS Control
o Hay Bale Dike
o Brush Berms
o Sediment Basins
o Mulch Filter Berms and 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, and 44. If the applicant does not choose one of the BMPs listed, an individual 401
certification is required. Runoff from bridge decks has been exempted from the requirement for
post construction TSS controls.
o Retention/Irrigation
o Extended Detention Basin
o Vegetative Filter Strips
o Grassy Swales
o Erosion Control Compost
o Compost Filter Berms and Socks
o Constructed Wetlands
o Wet Basins
o Vegetation lined drainage ditches
o Sand Filter Systems
o Mulch Filter Berms and Socks
IV. Return Water from Upland Contained Disposal Areas
Effluent from an upland contained disposal areas shall not exceed a TSS concentration of300 mg/L
unless an individual certification has been issued with site -specific TSS limits.
Attachment 2
Reference to Nationwide Permits Best Management Practices Requirements
NWP
Permit Description
Erosion Control
Sediment Control
Post
Construction
TSS
1
Aid to Navigation
2
Structures in Artificial Canals
3
Maintenance ( Repair, Replacement,
rehabilitation of currently serviceable
structure or fill)
X
X
4
Fish and Wildlife Harvesting,
Enhancement and Attraction Devices
and Activities (Duck Blinds and Crab
Traps)
5
Scientific Measurement Devices
6
Survey Activities
7
Outfall Structures and Maintenance
X
X
8
Oil and Gas Structures
9
Structures in Fleeting And Anchorage
Areas
10
Mooring Buoys
11
Temporary Recreation Structures
12
Utility Line Activities
X
X
X
13
Bank Stabilization
X
X
14
Linear Transportation Projects
X
X
X
15
U.S. Coast Guard Approved Bridges
X
X
16
Return Water From Upland Disposal
Areas
17
Hydropower Projects
X
X
X
18
Minor Discharges (25yds)
X
X
X
19
Minor Dredging
X
X
20
Oil Spill Cleanup
21
Surface Coal Mining Activities
X
X
X
22
Removal of Vessels
X
X
Attachment 2
Reference to Nationwide Permits Best Management Practices Requirements
NWP
Permit Description
Erosion Control
Sediment Control
Post
Construction
TSS
23
Approved Categorical Exclusions
24
State Administered 404 Program
25
Structural Discharges
X
X
26
Reserved
27
Stream and Wetland Restoration
X
X
28
Modifications of Existing Marinas
29
Single -Family Housing
X
X
X
30
Moist Soil Management for Wildlife
X
X
31
Maintenance of Existing Flood
Control Facilities
X
X
X
32
Completed Enforcement Actions
X
X
33
Temporary Construction, Access and
Dewatering
X
X
34
Cranberry Production
35
Maintenance Dredging of Existing
Basins
36
Boat Ramps
X
X
X
37
Emergency Watershed Protection
and Rehabilitation
X
X
38
Cleanup of Hazardous and Toxic
Waste
X
X
39
Residential, Commercial, and
Institutional 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
Stormwater Management Facilities
X
X
44
Mining Activities
X
X
X
TExAS COMMISSION ON ENVIRONMENTAL QUALITY
Tier I (Small Projects)
Checklist
Incorporation of Best Management Practices (BMPs) into a proposed project will allow an individual
Section 404 permit application to proceed without further review by the Texas Commission on
Environmental Quality (TCEQ). The basic standards for the BMPs described in items I -III are
included in this packet. Tier I projects are those which will result in a direct impact of three acres
or less of waters in the state or 1500linear feet of streams. If a project has a combination of impacts
that exceed the threshold or is submitted after the fact, it does not qualify as a Tier I project (one acre
of impact is considered equal to 500linear feet of stream). The provisions of the checklist, including
BMPs selected by an applicant, will become part of the Section 404 permit. If an applicant fails to
implement these provisions and BMPs, the pen -nit is subject to enforcement. Applicants who do not
wish to incorporate all the provisions of the checklist into their project or desire to use alternatives
may seek individual 401 review and certification from the TCEQ.
I. Erosion Control
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. Please check the BMP(s) you will
incorporate into your project.
❑ Temporary Vegetation
❑ Blankets/Matting
❑ Mulch
❑ Sod
❑ Erosion Control Composts*
❑ Compost Filter Berms and Socks*
❑ Mulch Filter Berms and Socks*
April 12, 2004 -1-
II. Post -Construction TSS Control
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. Please check the BMP(s) you
will incorporate into your project.
❑ Retention/Irrigation
❑ Extended Detention Basin
❑ Vegetative Filter Strips
❑ Constructed Wetlands
❑ Wet Basins
III. Sedimentation Control
Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies
by the use of BMPs to confine sediment. At least one of the following BMPs must be maintained
and remain in place until project completion. Please check the BMP(s) you will incorporate into
your project.
❑ Sand Bag Berm
❑ Silt Fence
❑ Triangular Filter Dike
❑ Rock Berm
❑ Hay Bale Dike
❑ Erosion Control Compost*
❑ Compost Filter Berms and Socks*
❑ Mulch Filter Berms and Socks*
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 required
BMPs identified for sedimentation control. These BMPs must be maintained and remain in place
until the dredged material is stabilized.
April 12, 2004 -2-
Hydraulically dredged material shall be disposed of in contained disposal areas. Effluent from
contained disposal areas shall not exceed a TSS concentration of 300 mg/L.
IV. Contaminated Dredge Material
If contaminated dredge material that was not anticipated or provided for in the permit application
is encountered during dredging, operations shall cease immediately. Pursuant to § 26.039 (b) of the
Texas Water Code, the individual operating or responsible for the dredging operations shall notify the
commission's emergency response team at (512)463-7727 as soon as possible, and not later than 24
hours after the discovery of the material. The applicant shall also notify the U.S. Army Corps of
Engineers (Corps) that activities have been temporarily halted. Contaminated dredge material shall be
remediated or disposed of in accordance with TCEQ rules. Dredging activities shall not be resumed
until authorized in writing by the Commission.
"Contaminated dredge material" is defined as dredge material which has been chemically, physically,
or biologically altered by man-made or man -induced contaminants which include, but not limited to
"solid waste", "hazardous waste", and "hazardous waste constituent" as those terms are defined by 30
Texas Administration Code (TAC) Chapter 335, "Pollutants" as defined by Texas Water Code § 26.001
and "Hazardous Substances" as defined in the Texas Health and Safety Code, §361.003.
V. Wetland Mitigation Requirements
Where wetland mitigation is determined to be necessaryby the Corps, the applicant must satisfy the
minimum success criteria established by the Corps including wetland hydrology, hydrophytic
vegetation, and two years of monitoring. If that criteria includes less than two years of monitoring,
the applicant may request water quality certification under Section 401.
*V1. Compost Requirements
New types of erosion control compost (ECC) and compost and mulch filter berms and socks are
continuously being developed. The Texas Department 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. Material used
within any TxDOT construction or maintenance activities must meet material specifications in
accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information
on compost specification data. This website also contains information on areas where the TCEQ
restricts the use of certain compost products.
ECC and compost and mulch filter berms and 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 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), Title 40, Part 503 Standards for Class A biosolids and
Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety
Regulations as defined in the TAC, Chapter 332, and all other relevant requirements for compost
April 12, 2004 -3-
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 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
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. TMECC information can be found at http://www.tmecc.org/tinecr-/index.html.
The USCC Seal of Testing Assurance (STA) program contains information regarding compost
STA certification. STA program information can be found at http://tmecc.org/sta/STA_program
description.html.
VII. Coastal Zone Management Act
In accordance with 31 TAC § 506, all projects located in the coastal zone boundary shall be
consistent with the Texas Coastal Management Program.
Applicant should sign and return the original statement and completed checklist to the U.S. Army
Corps of Engineers and send a cony to the TCEO. Questions regarding the checklist should be
directed to the TCEQ.
U.S. Army Corps of Engineers Water Quality Assessment Section - 401 Coordinator
Regulatory Branch Texas Commission on Environmental Quality
MC-150
P.O. Box 13087
Fax: Austin, Texas 78711
(512)239-5366
Fax (512)239-4420
Applicant's Name (please print):
Corps Project Manager or Regulatory Specialist (if known):
Permit Number (if known):
I will incorporate all of the above requirements and selected BMPs (Items I, II, and III) into my
proposed project. I understand that these requirements and BMPs as described above will be part
of my Section 404 permit, and failure to implement any of them will constitute a permit violation.
Date:
Applicant Signature:
April 12, 2004 -4-
TEXAS CMBESSION ON ENVIRONMENTAL QUALITY
Descriotion of BMPs
(Tier I Projects)
EROSION CONTROL BMPs
Temporary Vegetation
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 may be
required to assist in the establishment of vegetation.
Materiak:
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.
Installation:
• 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 agricultural extension agent.
• The seed should be applied uniformly.
• Steep slopes should covered with appropriate soil stabilization matting.
April 12, 2004 -1-
Blankets and Matting
Description: Blankets and matting material can be used as an aid to control erosion on critical sites during
the establishment period of protective vegetation. The most common uses are in channels, interceptor
swales, diversion dikes, short, steep slopes, and on tidal or stream banks.
Materials:
New types of blankets and matting materials are continuously being developed. The Texas Department of
Transportation (TXDO-f) has defined the critical performance factors for these types of products and has
established minimum performance standards which must be met for any product seeking to be approved for
use within any of TxDOT's construction or maintenance activities. The products that have been approved
by TxDOT are also appropriate for general construction site stabilization. TxDOT maintains a web site at
http://www.dot.state.tx.ustinsdtdot/orgchart/cmd/erosion/contents.httm which is updated as new products
are evaluated.
Installation:
• Install in accordance with the manufacturer's recommendations.
• Proper anchoring of the material.
• Prepare a friable seed bed 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 may be dug with a spade or a mechanical trencher.
• Erosion stops should be deep enough to penetrate solid material or below level 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.
Mulch
Description: Mulching is the process of applying a material to the exposed soil surface to protect it from
erosive forces and to conserve soil moisture until plants can become established. When seeding critical sites,
sites with adverse soil conditions or seeding on other than optimum seeding dates, mulch material should
be applied immediately after seeding. Seeding during optimum seeding dates and with favorable soils and site
conditions will not need to be mulched.
Materials:
• Mulch may be small grain straw which should be applied uniformly.
• On slopes 15 percent or greater, a binding chemical must be applied to the surface.
April 12, 2004 -2-
• Wood -fiber or paper -fiber mulch may be applied by hydroseeding.
• Mulch nettings may be used.
• Wood chips may be 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 tool, or liquid mulch binders.
Sod
Description: 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.
• Tom 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.
Installation:
• 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 dry weather.
• Sod should not be laid on soil surfaces that are frozen.
• During periods of high temperature, the soil should be lightly irrigated.
April 12, 2004 -3-
• The first row of sod should be laid in a straight line with subsequent rows placed parallel to and butting
tightly against each other.
• Lateral joints should be staggered to promote more uniform growth and strength.
• Wherever erosion may be a problem, sod should be laid with staggered joints and secured.
• Sod should be installed with the length perpendicular to the slope (on the contour).
• Sod should be rolled or tamped.
• Sod should be irrigated to a sufficient depth.
• Watering should be performed as often as necessary to maintain soil moisture.
• The first mowing should not be attempted until the sod is fim-ly rooted.
• Not more than one third of the grass leaf should be removed at any one cutting.
Erosion Control 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, swales,
diversion dikes, and on tidal or stream banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas Department 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.
Material used within any TxDOT construction or maintenance activities must meet material specifications
in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape%ompost/specifications.hrm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
ECC 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 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), Title 40, Part 503
Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ)
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 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
April 12, 2004 -4-
product performance regarding the product's specific 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 tested by following protocols or test methods listed
in TMECC. TMECC information can be found at http://www.cmecc.org/tmecc[iindex.html. The USCC
Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with current TxDOT specification.
• Use on slopes 3:1 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.
Mulch Filter Berms and Socks
Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch filter
berms and 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 berm or sock should remain in place until
the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of
water in a channel or drainage way. If concentrated flows occurs after installation, corrective action must
be taken. Mulch filter socks may be 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
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas Department 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 filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.doc.state.tx.us/des/landscape/compost/specifir-ations.hrm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch filter berms and 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
April 12, 2004 -5-
mulch filter berms and 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 A biosolids 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. 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 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 sampling and testing
protocols included in the United States Composting Council (USCC) Test Methods for the Examination
of Composting and Compost (IMECC) should be conducted on compost products used for mulch filter
berms and 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 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
http://www.tmecc.org/tmeccfindex.htmi. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
htip://tmecc.org/sta/STA_program_descripEion.himl.
Installation:
• Install in accordance with current TxDOT specification.
• Mulch filter berms should be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans
Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
• Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be
designed to allow for proper percolation through.
Compost Filter Berms and Socks
Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost
filter berms and 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 berm or sock should remain in place until
the area is permanently stabilized. Compost filter berms should not be used when there is a concentration
of water in a channel or drainage way. If concentrated flows occur after installation, corrective action must
be taken. Compost filter socks may be installed in construction areas and temporality moved during the day
to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost
April 12, 2004 -6-
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity
Materials:
New types of compost filter berms and socks are continuously being developed. The Texas Department 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.
Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at
http://www.dot.state.cK.us/des/landscape/compost/specifications.htm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and 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
as compost filter berms and 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 A biosolids and Texas Natural Resource
Conservation Commission (now named TCEQ) 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 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 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 compost filter
berms and 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 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
http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with TxDOT Special Specification 1059.
• Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
April 12, 2004 -7-
Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed
allowing for proper percolation through.
SEDIMENT CONTROL BMPS
Sand Bae Berm
Description: The purpose of a sandbag berm is to detain sediment carried in runoff from disturbed areas.
This objective is accomplished by intercepting runoff and causing it to pool behind the sand bag 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. Sand bag berms
are used only during construction activities in streambeds when the contributing drainage area is between
5 and 10 acres and the slope is less than 15%, i.e., utility construction in channels, temporary channel
crossing for construction equipment, etc. 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 (#5
or #6) spaced appropriately.
Materials:
• The sand bag material should be polypropylene, polyethylene, polyamide or cotton burlap woven fabric,
minimum unit weight 4 ozlyd 2, mullen burst strength exceeding 300 psi and ultraviolet stability exceeding
70 percent.
• The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should be 6 to
8 inches.
• Sandbags should be filled with coarse grade sand and free from deleterious material. All sand should pass
through a No. 10 sieve. The filled bag should have an approximate weight of 40 pounds.
Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a nominal internal
diameter of 4 inches.
Installation:
• The berm should be a minimum height of 18 inches, measured from the top of the existing ground at the
upslope toe to the top of the berm.
• The berm should be sized as shown in the plans but should have a minimum width of 48 inches measured
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
April 12, 2004 -8-
• The base of the berm should have at least 3 sandbags. These can be reduced to 2 and 1 bag in the second
and third rows respectively.
• For each additional 6 inches of height, an additional sandbag must be added to each row width.
• A bypass pump -around system, or similar alternative, should be used on conjunction with the berm for
effective dewatering of the work area.
Silt Fence
Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to prevent soil
and sediment loss from a site. When properly used, silt fences can be highly effective at controlling sediment
from disturbed areas. They cause runoff to pond which allows heavier solids to settle. If not properly
installed, 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 fence should remain in place until the disturbed area is permanently stabilized. Silt fence
should 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 may be 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 polyamide woven or nonwoven fabric. The
fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding
190lb/in 2, ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30.
• Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y-bar cross section, surface
painted or galvanized, minimum nominal weight 1.25 lb/ft 2, and Brindell hardness exceeding 140.
• Woven wire backing to support the fabric should be galvanized 2" x 4" welded wire, 12 gauge minimum.
Installation:
• 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 1 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 fence
should be sited so that the maximum drainage area is 1/4 acre/100 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 trenched in
(e.g., pavement or rock outcrop), weight fabric flap with 3 inches of pea gravel on uphill side to prevent flow
from seeping under fence.
April 12, 2004 -9-
• 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 or to 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.
Trianeular Filter Dike
Description: 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 in a 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 10%, the length of the slope
above the dike should be less than 50 feet. If concentrated flow occurs after installation, corrective action
should be taken such as placing rock berm 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 moved to allow vehicle traffic and then
reinstalled to maintain sediment
Materials:
• 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 oz/yd, mullen burst strength exceeding
190 lb/in 2, ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30.
• 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 6" x 6", 6 gauge welded wire
mesh, 18 inches 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 sections.
• There are several options for fastening the filter dike to the ground. The fabric skirt may be toed -in with
6 inches of compacted material, or 12 inches of the fabric skirt should extend uphill and be secured with a
minimum of 3 inches of open graded rock, or with staples or nails. If these two options are not feasible the
dike structure may be trenched in 4 inches.
• Triangular sediment filter dikes 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 allow vehicular access, the dikes should be reinstalled as soon as possible, but always at
April 12, 2004 -10-
the end of the workday.
Rock Berm
Description: The purpose of a rock berm is to serve as a check dam in areas of concentrated flow, to
intercept sediment -laden runoff, detain the sediment and release the water in sheet flow. The rock berm
should be used when the contributing drainage area is less than 5 acres. Rock berms are used in areas where
the volume of runoff is too great for a silt fence to contain. They are less effective for sediment removal than
silt fences, particularly for fine particles, but are able to withstand higher flows than a silt fence. As such,
rock berms are often used in areas of channel flows (ditches, gullies, etc.). Rock berms are most effective
at reducing bed load in channels and should not be substituted for other erosion and sediment control
measures further up the 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 and should be secured with shoat rings.
• Clean, open graded 3- to 5-inch diameter rock should be used, except in areas where high velocities or
large volumes of flow are expected, where 5- to 8-inch diameter rocks may be 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, and the berm retains its shape when walked upon.
• 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.
Hay Bale Dike
Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of sediment -
laden runoff from relatively small unprotected areas. Straw bales are to be used when it is not feasible to
install other, more effective measures or when 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.
April 12, 2004 -11-
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.
Hay: 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 50 pounds and should be at least 30 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.
Installation:
• Bales should be embedded a minimum of 4 inches and securely anchored using 2" x 2" 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 laid bale to force the bales together.
Erosion Control 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, swales,
diversion dikes, and on tidal or stream banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas Department 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.
Material used within any TxDOT construction or maintenance activities must meet material specifications
in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape/Compost/specifrcations.hrm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
ECC 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 ECC, products
should meet all applicable state and federal regulations, including but not limited to the United States
April 12, 2004 -12-
Q.
Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503
Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ)
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 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 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 tested by following protocols or test methods listed
in TMECC. TMECC information can be found at http://www.tmecc.org/imecc/index.html. The USCC
Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed
• When rolling is specified, use a light corrugated drum roller.
Mulch Filter Berms and Socks
Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch filter
berms and 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 berm or sock should remain in place until
the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of
water in a channel or drainage way. If concentrated flows occurs after installation, corrective action must
be taken. Mulch filter socks may be 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
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for any
April12, 2004 -13-
products seeking to be approved for use within any of TxDOT's construction or maintenance activities.
Mulch filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch filter berms and 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 filter beans and 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, Pan 503 Standards for Class A biosolids 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. 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 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 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 mulch filter
berms and 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 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
http://www.tmecc.org/tmecclmdex.html. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
hitp://tmecc.org/sta/STA_program_description.htn-J.
Installation:
• Install in accordance with current TxDOT specification.
• Mulch filter berms should be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
• Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be
designed to allow for proper percolation through.
April12, 2004 -14-
Compost Filter Berms and Socks
Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost
filter berms and 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 berm or sock should remain in place until
the area is permanently stabilized. Compost filter berms should not be used when there is a concentration
of water in a channel or drainage way. If concentrated flows occur after installation , corrective action must
be taken. Compost filter socks may be installed in construction areas and temporality moved during the day
to allow construction adiviry provided it is replaced and properly anchored at the end of the day. Compost
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of compost filter berms and socks are continuously being developed. The Texas Department 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.
Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at
http://www.dot.state.tx.us/desAandscape/Compost/specifications.hrm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and 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
as compost filter berms and 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), Tide 40, Pan 503 Standards for Class A biosolids and Texas Natural Resource
Conservation Commission (now named TCEQ) 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 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 products specific 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 compost filter
berms and 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 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
http://www.tmecc.org/tmecctndex.htn-d. The USCC Seal of Testing Assurance (STA) program contains
April 12, 2004 -15-
information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program—description.html.
Installation:
• Install in accordance with TxDOT Special Specification 1059.
• Compost filter berms shall be constructed at 1.1 /2 feet high and 3 foot wide at locations shown on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
• Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed
allowing for proper percolation through.
POST -CONSTRUCTION TSS CONTROLS
Retention/Irrigation Systems
Description: Retentionlirrigation systems refer to the capture of runoff in a holding pond, then use of the
captured water for irrigation of appropriate landscape areas. Retention/irrigation systems are characterized
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 (rainwater harvesting) also qualifies as a retention/irrigation practice, but should
be operated and sized to provide adequate volume. This technology, which emphasizes beneficial use of
stormwater runoff, is particularly appropriate for and regions because of increasing demands on water
supplies for agricultural irrigation and urban water supply.
Design Considerations: Retentionlrrrigation practices achieve 100% 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 should
be sufficient considering the average rainfall event for the area.
Maintenance Requirements: Maintenance requirements for retention/irrigation systems include routine
inspections, sediment removal, mowing, debris and litter removal, erosion control, and nuisance control.
Extended Detention Basin
Description: Extended detention facilities are basins that temporarily store a portion of stormwater 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
April 12, 2004 -16-
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 75% 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, inlet/outlet structures, 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 Strios
Description: Filter strips, also known as vegetated buffer strips, 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. They may appear in any vegetated 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.
Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively
reduce peak discharges to predevelopment levels for design storms. This lack of quantity control favors use
in rural or low -density development; however, they can provide water qualitybenefits even where the
impervious cover is as high as 50%. The primary highway application for vegetative filter strips is 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 effective
buffer strips. These 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 of filter strips. Although an inexpensive control measure, they are most useful in
contributing watershed areas where peak runoff velocities are low, as they are unable to treat the high flow
velocities typically associated with high impervious cover. The most important criteria for selection and use
of this BMP are soils, space, and slope.
Design Considerations: Vegetative filter strips can remove approximately 85% of the total suspended solids
contained within the volume of runoff captured. Design elements of vegetative filter strips include uniform,
shallow overland flow across the entire filter strip area, hydraulic loading rate, inlet structures, slope, and
vegetative cover. The area should be free of gullies or rills which can concentrate flow. Vegetative filter
strips are appropriate for small drainage areas with moderate slopes.
Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest
management, seasonal mowing and lawn care, routine inspections, debris and litter removal, sediment
removal, and grass reseeding and mulching.
Constructed Wetlands
Description: Constructed wetlands provide physical, chemical, and biological water quality treatment of
April 12, 2004 -17-
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 chelation, 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 be 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 water table depth, soil/substrate, and space requirements. Because
the wetland must have a source of flow, it is desirable 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 present to 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 Considerations: Constructed wetlands can remove over 90% 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 low to moderate slopes.
Maintenance Requirements: Maintenance requirements for constructed wetlands include mowing, routine
inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal,
harvesting, and maintenance of water levels.
Wet Basins
Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a standing
crop of emergent littoral vegetation. These facilities may vary in appearance from natural ponds to enlarged,
bermed (manmade) sections of drainage systems and may function as online or offline facilities, although
offline configuration is preferable. Offline designs can prevent scour and other damage to the wet pond and
minimize costly outflow structure elements 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. The 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. Wet basins also help provide erosion
protection for the receiving channel by limiting peak flows during larger storm events. Wet basins are often
perceived as a positive aesthetic element in a community and offer significant opportunity for creative pond
configuration and landscape design. Participation of an experienced wetland designer is suggested. A
significant potential drawback for wet ponds in and climates is that the contributing watershed for these
facilities is often incapable of providing an adequate water supply to maintain the permanent pool, especially
during the summer months. Makeup water (i.e., well water or municipal drinking water) is sometimes used
April 12, 2004 -18-
to supplement the rainfaiVrunoffprocess, especially for wet basin facilities treating watersheds that generate
insufficient runoff.
Design Considerations: Wet basins can remove over 90% of the total suspended solids contained within
the volume of runoff captured in the basin. Design elements of wet basins include basin sizing, basin
configuration, basin side slopes, sediment forebay, inflow and outflow structures, vegetation, depth of
permanent pool, aeration, and erosion control. Wet basins are appropriate for large drainage areas with low
to moderate slopes.
Maintenance Requirements: Maintenance requirements for wet basins include mowing, routine
inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal,
and harvesting.
April 12, 2004 -19-
rI
J IFIC A IOIN OF AD:tiIINISI'IZA'I f1 I+' A['PI'.1l OPI IONS AND PRO ESS AN
REQt,E..MEOP
A licant: Ci of La Porte File #: SWG-05-27-001 Date: 3/17/05
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of Permission
A
PROFFERED PERMIT Standard Permit or Letter of Permission
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies }ourr rights and options regarding tut administrative appeal of the above
decision.. Additional inlorrnation may be found at ntto:i; �iiti .t sace_anny.mil.%tnet futtctions'cic!cecwo;'m !
Or Corps, regulations at33 CFR Part 331: .µ
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved
jurisdictional determination (JD) or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
S ON I1- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFEREDPERMIT ,
REASONS FOR APPLAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR Q UESTIONS OR INFORMATION: ;
If you have questions regarding this decision and or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
Kristi McMillan, Regulatory Specialist
James E. Gilmore, Appeal Review Officer
CESWG-PE-RE, P.O. Box 1229
CESWD-CMO-E, 1100 Commerce Street, Room 8E9
Galveston, Texas 77553-1229
Dallas, Texas 75242-0216
Telephone: 409-766-3083;FAX: 409-766-6301
Telephone: 496-487-7061;FAX: 469487-7190
Email: James.E.Gilmore(@,usace.army.mil
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or authorized agent.
Robert B. Egan
Executive Vice President
KNOLLWOOD LLC
P.O. Box 1343
Houston, Texas 77251-1343
55 Waugh Drive, Suite 1240
Houston, Texas 77007
713-435-1403
Fax: 713-435-1513
e-mail: Bob.Egan"rbyoxp.com
F. SCOTT GLICK
Cell: 281-507-3426
Res: 281-491-3426
Co. Res: 970-926-3751
Office (979) 265-1810
Fax (979) 2654993
Mobile (979) 299-2762
Home (979) 964-3458
149
CONTRACTORS. INC.
• Marine CAnstructian d Fabrication P.O. Box 4003
• Marine Pits Driving Brsaorla, TX T7422
• %tiding. Eta js_cmtnaclon;@hotmd.com
September 23, 2003
Ms. Angela Blanchard
President and CEO
Neighborhood Centers, Inc.
4500 Bissonnet
Houston, TX 77401
RE: Playground and Sidewalk Construction
Dear Ms. Blanchard:
1%
City of La Porte
Established 1892
-RECEIVED - -
SEP 2 g 2003
PLANNING DEPT.
Mr. McMillan contacted the City regarding installation of a playground and sidewalk on the property, which NCI
teases from the City.
I visited with Council and they have agreed, but want to insure the playground was for the benefit of your patrons
and suggested you consider posting signs.
Please accept this as written consent per Section 4 Lessee Remodeling and Improvements of the Lease Agreement
to install playground equipment and sidewalk on Lots 11-14 of Block 242 in the Town of La Porte Subdivision.
Also note, Section 5 Insurance states the lessee shall keep and maintain in force (a) Comprehensive General
Liability with limits of $500,000/$1,000,000 per occurrence. Property damage insurance with limits of $100,000
per occurrence. Please see that your policy covers these lots and that the City is named as an additional insured.
I have asked staff to review the proposed installation for setbacks, conflicts with easements, utilities, sight
triangles, construction of the sidewalk, possible need for a permit for the awning, and other such matters. They
have been informed, once all criteria have been met, to approve the construction of the playground and sidewalk.
Please coordinate these matters with Debbie Wilmore, Chief Building Inspector, at 281471-5020, Ext. 253.
Sincer
Joern
Assista ity Manager
JJ/ml
Jim McMillan, NCI
Debra B. Feazelle, City_Manager _
Nick Finan,.Interim-Director_of,Planning�
Knox Askins, City Attorney
Debbie Wilmore, Chief Building Inspector
604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020
s
50 0 50 100
Scale I " = 50'
150 BLOCK 16
BAYFRONT ADDITION
VOL. 85 PG 440 H. C. D. R.
'so,
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LOT 23
/
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VOL. 85 PG 440 H. C. p R.
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ACCORDING TO FLOOD INSURANCE RATE MAP .j$_2_0 1 C 0 9 4 5 J
DATED J A--" THIS TRACT HEREBY SURVEYED LIES WITHIN ZONE
tJARED_ AND .15 _IAQT IN THE 100 YEAR FLOOD PLAIN. THIS
STATEMENT IS BASED ON SCALING THE LOCATION OF SAID SURVEY ON
THE ABOVE REFERENCED MAP AND IS FOR FLOOD INSURANCE RATES
ONLY AND NOT INTENDED TO IDENTIFY SPECIFIC FLOODING CONDITIONS.
B/F: 12.00'
THE UNDERSIGNED HEREBY CERTIFIES THAT THIS Qo�RrA
SURVEY WAS MADE ON THE GROUND UNDER MY
SUPERVISION, A'aanoaao
AND THAT THIS PLAT REPRESENTS zo-.......
1-FIARLES E
THE FACTS F UND AT THE IME OF THE SURVEY.
o 411
SIGNED: k qT
CHARL.ES E. BATES
REGISTERED PROFESSIONAL LAND SURVEYOR NO 4110
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VOL. 1 PAGE 53 N.C.MP.
WOOD
WAL
H A P P Y H A R B O U R
METHODIST HOMES FOR OLDER PEOPLE
H. C. C. F. NO. K868616
LOTS 1 THRU 6 do RESERVE B BAYFRONT BLOCK
AND RESERVE A BAYSHORE BLOCK
BAY SHORE PARK SID
VOL. 10 PAGE 32 N C. M. R.
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DATE: MAY 8, 2003 SCALE 1 "=QO 1
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