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HomeMy WebLinkAboutPreconstruction Notification • s .Engineering& EnL ronmental .Consultants, Inc .. c April 13, 2011 Mr. Stephen L. Brooks, Regulatory Branch Chief United States Army Corps of Engineers Room 3A37 P. O. Box 17300 Ft Worth, TX 76102 -0300 Re: Transmittal of Preconstruction Notification (PCN) Under Nationwide Permit 29 — Residential Developments for Proposed Castlegate II Residential Subdivision Development Proposed WS Phillips Parkway at Proposed Extension of Victoria Avenue College Station, Texas CSC Project No. 11008 -345 Dear Mr. Brooks: This letter transmits the Pre - construction Notification (PCN) Form for Nationwide Permit (NWP) 29 — Residential Developments for the proposed Castlegate II Subdivision in College Station, Brazos County, Texas. The transmitted form was developed by the Fort Worth District of the U.S. Army Corps of Engineers (USACE) and is being submitted for review by the USACE.. The submitted PCN was prepared by CSC Engineering & Environmental Consultants, Inc. (CSC) on behalf of the owners and developers of the property, 3 -D Development, LLC (permittee). The proposed development will entail the construction of a residential subdivision that will include residential structures and associated roadways, utilities, drainage systems, and common areas on a 202.665 -acre tract of land (see Figure 3 in Attachment E of the PCN submittal). The transmitted PCN is being submitted in compliance with the conditions of Nationwide Permit 29 — Residential Developments (NWP -29) relative to anticipated impacts to "waters of the U.S." associated with the proposed development. The only natural drainage way on the subject tract consists of the upper segment or "reach" of Tributary D of Spring Creek. The referenced drainage way is located in the northwestern portion of the proposed development (see Figures 2, 3 and 4 in Attachment E of the PCN submittal). The existing drainage way consists of an ephemeral stream that is very narrow (see site Photograph 2 in Attachment C of the PCN submittal). Significant portions of the drainage way have been previously impacted by the installation of an energy pipeline (see Photographs 3 and 4) by others and by the downstream development of a residential subdivision with an existing storm water retention/detention pond (see Figures 3 and 4 of Attachment E and Photographs 5 and 6 of Attachment C). The impacts to the proposed drainage way were conservatively estimated to be 0.25- acres. Most of the impacts to the existing drainage way will be associated with excavation of the drainage way with mechanized equipment (see Figure 5 of Attachment E). The excavation is required to create a storm water retention/detention basin within a common area of the proposed subdivision as well as to refine an associated and already existing outfall drainage swale within the common area of the existing residential subdivision. The drainage swale will carry water from 3407 Tabor Road Phone (979) 778 -2810 Bryan, Texas 77808 Fax (979) 778 -0820 J Transmittal of Preconstruction Notification Under Nationwide Permit 29 — Residential Developments Proposed Castlegate II Subdivision Proposed WS Phillips Parkway at Extension of Victoria Avenue; College Station, Texas Page 2 the proposed storm water retention/detention basin to an existing pond located within a common area of the existing residential subdivision located downstream of the proposed subdivision (see Figures 3 and 4 of Attachment E and photographs 5 and 6 of Attachment C). There will also be some impacts associated with the filling of the drainage way for a proposed roadway (WS Phillips Parkway) crossing of the drainage way within the boundaries of the proposed subdivision. The fill for the roadway embankment will also serve to create the proposed storm water retention /detention basin within the common area of the proposed subdivision. Some mitigation of the proposed impacts will be included in the proposed development scheme. Existing wetland vegetation in the area of the proposed excavated drainage swale between the proposed storm water retention/detention basin and the existing stormwater retention/detention basin will be re- established in the same areas following completion of the excavation operations. In addition, native grasses, bushes, and trees will be planted in the common area around of the proposed storm water retention/detention basin. The vegetation will be planted in the common area above the planned permanent pool elevation of the proposed basin and will function as a filtering system for storm water runoff to the proposed basin. Areas of vegetation re- establishment will be at least 0.1 -acre and areas of planting will be comparable so that the proposed mitigation areas will likely approach 0.2 -acre. We anticipate that the proposed areas of vegetation re- establishment and planting will largely compensate for the un- avoidable impacts associated with the planned development. The current project timeline indicates that construction of the proposed project is planned in August of 2011. CSC appreciates your review of the transmitted PCN. Please do not hesitate to contact us at (979) 778- 2810 if you have any questions or require additional information concerning any of the matters discussed in the transmitted document. Respectfully submitted, qn4a rtact2A:Ae-C t, M. Frederick Conlin, Jr., P.E. Senior Engineer MFC:rc Via U. S. Mail cc: Phillips Engineering 4490 Castlegate Drive College Station, TX 77845 Attention: Mr. Kent M. Laza, P.E., Manager Via: U.S. Mail CSC ENGINEERING S. ENVIRONMENTAL CONSULTANTS, INC. U.S Army Corps of Engineers (USACE) Fort Worth District Nationwide Permit (NWP) Pre - Construction Notification (PCN) Form This form integrates requirements of the Nationwide Permit Program within the Fort Worth District, including General and Regional Conditions. Please consult instructions included at the end prior to completing this form. Contents • Description of NWP 29 • Part I: NWP Conditions and Requirements Checklist o General Conditions Checklist o NWP 29- Specific Requirements Checklist o Regional Conditions Checklist • Part II: Project Information Form • Part III: Project Impacts and Mitigation Form • Part IV: Attachments Form • Instructions DESCRIPTION OF NWP 29 — RESIDENTIAL DEVELOPMENTS Residential Developments. Discharges of dredged or fill material into non -tidal waters of the United States (U.S.) for the construction or expansion of a single residence, a multiple -unit residential development, or a residential subdivision. This NWP authorizes the construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development). The discharge must not cause the loss of greater than 1/2 -acre of non -tidal waters of the U.S., including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the district engineer. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters. Subdivisions. For residential subdivisions, the aggregate total loss of waters of U.S. authorized by this NWP cannot exceed 1/2 -acre. This includes any loss of waters of the U.S. associated with development of individual subdivision lots. Part I: NWP Conditions and Requirements Checklist To ensure compliance with the General Conditions (GC), in order for an authorization by a NWP to be valid, please answer the following questions: 1. Navigation (Applies to Section 10 waters [Le. navigable waters of the U.S.], see instruction 4 for link to list): a. Does the project cause more than a minimal adverse effect on navigation? ❑ Yes ® No ❑ N /A b. Does the project require the installation and maintenance of any safety lights and signals prescribed by the U.S. Coast Guard on authorized facilities in navigable waters of the U.S.? • Yes ® No ❑ N/A Page 1 of 18 SWF Recommended Application Form - NWP 29 - c. Does the Applicant understand and agree that if future operations by the U.S. 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 Applicant will be required, upon due notice from the USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S.; and no claim shall be made against the U.S. on account of any such removal or alteration? ❑ Yes ❑ No ® N/A If you answered yes to question a. or b. above, or if you answered no to question c. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 2. Aquatic Life Movements: a. Does the project substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area? ❑ Yes ® No b. Is the project's primary purpose to impound water? ❑ Yes Z No c. Will culverts placed in streams be installed to maintain low flow conditions? ®Yes 11] No El N/A If you answered yes to question a. or b. above, or if you answered no to question c. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable 3. Spawning Areas: a. Does the project avoid spawning areas during the spawning season to the maximum extent practicable? ® Yes ❑ No ❑ N/A b. Does the project result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area? ❑Yes ®No [11 N/A If you answered no to question a. above, or if you answered yes to question b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 4. Migratory Bird Breeding Areas: a. Does the project avoid waters of the U.S. that serve as breeding areas for migratory birds to the maximum extent practicable? ® Yes ❑ No ❑ N/A If you answered no to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 5. Shellfish Beds: a. Does the project occur in areas of concentrated shellfish populations? ❑ Yes ® No If you answered yes to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Page 2 of 18 SWF Recommended Application Form - NWP 29 Not Applicable. 6. Suitable Material: a. Does the project use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.)? _ Yes ® No b. Is the material used for construction or discharged in a water of the U.S. free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act)? Z Yes _ No If you answered yes to question a. above, or if you answered no to question b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 7. Water Supply Intakes: a. Does the project occur in the proximity of a public water supply intake? ❑ Yes ® No If you answered yes to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 8. Adverse Effects From Impoundments: a. Does the project create an impoundment of water? ® Yes ❑ No b. If you answered yes to question a. above, are the adverse effects (to the aquatic system due to accelerating the passage of water, and /or restricting its flow) minimized to the maximum extent practicable? ® Yes E No n N/A If you answered no to question b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 9. Management of Water Flows: a. Does the project maintain the pre- construction course, condition, capacity, and location of open waters to the maximum extent practicable, for each activity, including stream channelization and storm water management activities? ® Yes ❑ No b. Will the project be constructed to withstand expected high flows? ® Yes n No c. Will the project restrict or impede the passage of normal or high flows? ® Yes ❑ No If you answered no to question a. or b. above, or if you answered yes to question c. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: The project will involve the construction of a storm water detention basin that will regulate outflows to those volumes attributable to pre - development conditions, but will temporarily detain the increases flows associated with development. 10. Fills Within 100 -Year Floodplains: a. Does the project comply with applicable FEMA- approved state or local floodplain management requirements? ® Yes ❑ No ❑ N/A If you answered no to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. Page 3 of 18 SWF Recommended Application Form - NWP 29 11. Equipment: a. Will heavy equipment working in wetlands or mudflats be placed on mats, or other measures be taken to minimize soil disturbance? ❑ Yes ® No n N/A If you answered no to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: The area of the project between the proposed pond and the existing pond will be filled to promote drainage between the ponds but herbaceous wetland vegetation will be re- established in the fill areas outside of the narrow concrete drainage flume. 12. Soil Erosion and Sediment Controls: a. Will the project use appropriate soil erosion and sediment controls and maintain them in effective operating condition throughout construction? ® Yes ❑ No b. Will all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, be permanently stabilized at the earliest practicable date? ® Yes ❑ No c. Be aware that if work will be conducted within waters of the U.S., Applicants are encouraged to perform that work during periods of low -flow or no -flow. If you answered no to question a. or b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 13. Removal of Temporary Fills: a. Will temporary fills be removed in their entirety and the affected areas returned to pre - construction elevations? ® Yes ❑ No ❑ N/A b. Will the affected areas be revegetated, as appropriate? ® Yes ❑ No ❑ N/A If you answered no to question a. or b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 14. Proper Maintenance: a. Will any authorized structure or fill be properly maintained, including maintenance to ensure public safety? ® Yes ❑ No If you answered no to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 15. Wild and Scenic River: There are no Wild and Scenic Rivers within the geographic boundaries of the Fort Worth District. Therefore, this GC does not apply. 16. Tribal Rights: a. Will the project or its operation impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights? ❑ Yes Z No ❑ N/A If you answered yes to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. Page 4 of 18 SWF Recommended Application Form - NWP 29 17. Endangered Species (see also Box 8 in Part III): a. Is the project 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 will the project destroy or adversely modify the critical habitat of such species? ❑ Yes ® No b. Might the project affect any listed species or designated critical habitat? ❑ Yes ® No c. Is any listed species or designated critical habitat in the vicinity of the project? El Yes ®No d. If the project "may affect" a listed species or critical habitat, has Section 7 consultation addressing the effects of the proposed activity been completed? ❑ Yes ❑ No ® N/A If you answered yes to question a. or b. or c. above, or if you answered no to question d. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 18. Historic Properties (see also Box 9 in Part III): a. Does the project have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties? ❑ Yes El No ❑ N/A If you answered yes to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application: Not Applicable. 19. Designated Critical Resource Waters: a. Will the project impact critical resource waters, which include NOAA- designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment? ❑ Yes Z No If you answered yes to question a. above, be aware that discharges of dredged or fill material into waters of the U.S. are not authorized by NWP 29 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. 20. Mitigation (see also Box 10 in Part III): a. Will the project include appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal? ® Yes ❑ No If you answered no to question a. above, please include an explanation in Box 10 of why no mitigation would be necessary in order to be in compliance with this GC or be aware that the project would require an individual permit application. 21. Water Quality (see also Box 11 in Part III): a. If in Texas, does the project comply with the conditions of the TCEQ water quality certification for NWP 29? ® Yes n No ❑ N/A b. If in "Indian Country," does the project comply with the conditions of the EPA water quality certification for NWPs? ❑ Yes ❑ No ® N/A Page 5 of 18 SWF Recommended Application Form - NWP 29 c. If in Louisiana, does the project have an individual water quality certification, waiver, or other approval by the LDEQ? ❑ Yes ❑ No ® N/A If you answered no to question a., b., or c. above, please be aware that the project would require an individual permit application. 22. Coastal Zone Management: The Fort Worth District does not cover any Coastal Zone; therefore, this GC does not apply. 23. Regional and Case -By -Case Conditions: See the Regional Conditions checklist below to ensure compliance with this GC. 24. Use of Multiple Nationwide Permits: a. Does the project use more than one NWP for a single and complete project? ❑ Yes El No b. If you answered yes to question a. above, be aware that unless the project's acreage loss of waters of the U.S. authorized by the NWPs is below the acreage limit of the NWP with the highest specified acreage limit, no NWP can be issued, and the project would require an individual permit application. If you answered yes to question a. above, please explain how the project would be in compliance with this GC and what additional NWP number you intend to use: Not Applicable. 25. Transfer of Nationwide Permit Verifications: a. Does the Applicant agree that if he or she sells the properly associated with the nationwide permit verification, the Applicant may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate USACE district office to validate the transfer? El Yes ❑ No 26. Compliance Certification: a. Does the Applicant agree that if he or she receives the NWP verification from the USACE, they must submit a signed certification regarding the completed work and any required mitigation (the certification form will be sent by the USACE with the NWP verification letter)? El Yes No 27. Notification: a. All residential developments and subdivisions as described in NWP 29 must submit a pre - construction notification to the district engineer prior to commencing the activity. b. Does the Applicant agree that he or she will not begin the project until either: 1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or 2) Forty-five calendar days have passed from the district engineer's receipt of the complete PCN and the Applicant has not received written notice from the district or division engineer? However, if the Applicant was required to notify the USACE pursuant to general condition 17 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the USACE pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties, the Applicant cannot begin the activity until receiving written notification from the USACE that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act and /or Section 106 of the National Historic Preservation Act is completed. ® Yes ❑ No Page 6 of 18 SWF Recommended Application Form - NWP 29 c. Does the Applicant agree that if the district or division engineer notifies the Applicant in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the Applicant cannot begin the activity until an individual permit has been obtained? ® Yes ❑ No 28. Single and Complete Project: a. Does the Applicant certify that the project is a "single and complete project" as defined below? ® Yes ❑ No Single and complete project: The term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner /developer or partnership or other association of owners /developers. A single and complete project must have independent utility (see definition). Independent utility: Defined as a test to determine what constitutes a single and complete project in the USACE regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Page 7 of 18 SWF Recommended Application Form - NWP 29 To ensure compliance with the NWP 29- specific requirements please answer the following questions: 1. Does the project involve the construction or expansion of a single residence, a multiple -unit residential development, or a residential subdivision? ® Yes — No If you answered no to question 1. above, be aware that discharges of dredged or fill material into waters of the U.S. are not authorized by NWP 29 and would require an individual permit application. 2. Does the project (for residential subdivisions, including the development of individual subdivision lots) cause the Toss of greater than 1/2 -acre of non -tidal waters of the U.S ? n Yes ® No If you answered yes to question 2. above, be aware that discharges of dredged or fill material into waters of the U.S. are not authorized by NWP 29 and would require an individual permit application. Note: For residential subdivisions, the aggregate total Toss of waters of the U.S. authorized by this NWP cannot exceed 1/2 -acre, including any loss of waters of the U.S. associated with development of individual subdivision Tots. 3. Does the project cause the loss of more than 300 linear feet of perennial stream bed? ❑Yes ®No If you answered yes to question 3. above, be aware that discharges of dredged or fill material into waters of the U.S. are not authorized by NWP 29 and would require an individual permit application. 4. Does the project cause the loss of more than 300 linear feet of intermittent or ephemeral stream bed? ® Yes ❑ No If you answered yes to question 4. above, be aware that the 300 linear foot limit must be waived in writing by the district engineer in order for the project to be authorized by NWP 29 and - otherwise would require an individual permit application. 5. Does the project cause a discharge into non -tidal wetlands adjacent to tidal waters? ❑ Yes ®No If you answered yes to question 5. above, be aware that discharges of dredged or fill material into waters of the U.S. are not authorized by NWP 29 and would require an individual permit application. Page 8 of 18 SWF Recommended Application Form - NWP 29 REGIONAL CONDITIONS CHECKLIST To ensure compliance with the Regional Conditions within the Fort Worth District, in the State of Texas, in order for an authorization by a NWP to be valid, please answer the following questions (for projects in Texas only): 1. Will the project include required compensatory mitigation at a minimum one - for -one ratio for all special aquatic sites that exceed 1/10 acre and require pre- construction notification, and for all losses to streams that exceed 300 linear feet and require pre - construction notification (unless the appropriate District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project - specific waiver of this requirement)? ❑ Yes ❑ No El N/A If you answered no to question 1. above, be aware that the project would not be authorized by a NWP 29 and would require an individual permit application. 2. Does the project involve a discharge into habitat types that are 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.) or wetlands (typically referred to as bald cypress- tupelo swamps) comprised predominantly of bald cypress trees (Taxodium distichum), and water tupelo (Nyssa aquatica), that are occasionally or regularly flooded by fresh water with common associates including red maple (Acer rubrum), swamp privet (Forestiera acuminata), green ash (Fraxinus pennsylvanica), water elm (P /anera aquatica), lizard's tail (Saururus cernuus), water mermaid weed (Proserpinaca spp.), buttonbush (Cephalanthus occ/dentalis), and smartweed (Polygonum spp.)? ❑ Yes ® No If you answered yes to question 2. above, notification of the District Engineer is required in accordance with NWP GC 27, and the USACE will coordinate with other resource agencies as specified in NWP GC 27(d). 3. Is the project in the area of Caddo Lake within Texas that is designated as a "Wetland of International Importance" under the Ramsar Convention? ❑ Yes ® No If you answered yes to question 3. above, notification of the District Engineer is required in accordance with NWP GC 27, and the USACE will coordinate with other resource agencies as specified in NWP GC 27(d) 4. a. Is the project in an area of Dallas, Denton, or Tarrant counties that is within the study area of the "Final Regional Environmental Impact Statement (EIS), Trinity River and Tributaries" (May 1986)? ❑ Yes ® No b. If Yes, does the project meet the criteria and follow the guidelines specified in Section III of the Record of Decision for the Regional EIS, including the hydraulic impact requirements? ❑ Yes ❑ No ® N/A If you answered no to question 4b. above, be aware that the project would not be authorized by a NWP 29 and would require an individual permit application. Page 9 of 18 SWF Recommended Application Form - NWP 29 To ensure compliance with the Regional Conditions within the Fort Worth District, in the State of Louisiana, in order for an authorization by a NWP to be valid, please answer the following questions (for projects in Louisiana only): 1. Does the activity cause the permanent loss of greater than 1/2 acre of seasonally inundated cypress swamp and /or cypress- tupelo swamp? n Yes n No If you answered yes to question 1. above, be aware that the project would not be authorized by a NWP 29 and would require an individual permit application. 2. Does the activity cause the permanent loss of greater than 1/2 acre of pine savanna, pine flatwoods, and /or pitcher plant bogs? _ Yes ❑ No If you answered yes to question 2. above, be aware that the project would not be authorized by a NWP 29 and would require an individual permit application. 3. Has the activity been determined to have an adverse impact upon a federal or state designated rookery and /or bird sanctuary? ❑ Yes ❑ No If you answered yes to question 3. above, be aware that the project would not be authorized by a NWP 29 and would require an individual permit application. 4. Does the activity fell any existing den or candidate den trees within areas known to be occupied by the threatened Louisiana black bear? (Candidate den trees are defined as bald cypress and /or tupelo gum with visible cavities, having a minimum diameter -at- breast - height of 36 inches, and associated with rivers, lakes, streams, bayous, sloughs, or other waterbodies.) ❑ Yes n No If you answered yes to question 4. above, be aware that the project would not be authorized by a NWP 29 and would require an individual permit application. 5. Does the project involve instream activities in the following waterways: Bayou Boeuf Tributaries in Rapides Parish: (Brown Creek, Mack Branch, Clear Creek, Little Brushy Creek, Loving Creek, Little Loving Creek, Long Branch, Bayou Clear, Castor Creek, Valentine Creek, and Little Bayou Clear), Amite River (LA Highway 37 at Grangeville to Port Vincent), Bogue Falaya River and Tributaries, Abita River and Tributaries, Bayou Chinchuba (between U.S. 190 and Louisiana Highway 59), West Pearl River, Bogue Chitto River and Tributaries, and Red River tributaries in Grant Parish (Black Creek, Swafford Creek, Cypress Creek, Beaver Creek, Cress Creek, Jordon Creek, Hudson Creek, Gray Creek, Moccosin Branch and James Branch)? ❑ Yes n No If you answered yes to question 5. above, notification of the District Engineer is required in accordance with NWP GC 27 due to the occurrence of threatened or endangered species. 6. To the best of the applicant's knowledge, is any excavated and /or fill material to be placed within wetlands free of contaminants? ❑ Yes ❑ No ❑ N/A If you answered no to question 6. above, be aware that the project would not be authorized by a NWP 29 and would require an individual permit application. 7. Regional Condition 7 applies to work within the Louisiana Coastal Zone and /or the Outer Continental Shelf off Louisiana, and therefore does not apply in the USACE Fort Worth District. Work in these areas may require coordination with the USACE Galveston or New Orleans districts. Page 10 of 18 SWF Recommended Application Form - NWP 29 8. Does the activity adversely affect greater than 1/10 acre of wetlands, and /or adversely impact a designated Natural and Scenic River, a state or federal wildlife management area, and /or refuge? ❑ Yes ❑ No If you answered yes to question 8. above, notification of the District Engineer is required in accordance with NWP GC 27. 9. Be aware that NWP 29, via disavowal of water quality certification by the LDEQ, is considered denied without prejudice. Individual requests for approval under NWP 29 will be considered on a case -by -case basis only after receipt by the appropriate USACE district of an individual water quality certification, waiver, or other approval by the LDEQ. Additional Discussion: This section is not applicable. Page 11 of 18 SWF Recommended Application Form - NWP 29 Part II: Project Information Box 1 Project Name: Applicant Name Castlegate II Subdivision Wallace Phillips Applicant Title Applicant Company, Agency, etc. Onwer /Developer 3 -D Development, LLC Mailing Address Applicant's internal tracking number (if any) 4490 Castlegate Drive Not Applicable Work Phone with area code Home Phone with area Fax # E -mail Address 979 - 690 -7250 code 979- 690 -1041 wallace.phillips ©verizon.net Cellular Phone 979- 255 -4466 Relationship of applicant to property: ® Owner n Purchaser Lessee n Other: Application is hereby made for verification that subject regulated activities associated with subject project qualify for authorization under a USACE nationwide permit or permits as described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief, such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agency to which this application is made the right to enter the above - described location to inspect the proposed, in- progress, or completed work. I agree to start work only after all necessary permits have been received. Signature of applicant Date (mm /dd /yyyy) /got eg_ ; '- /x- _Cr 04/11/11 Box 2 Authorized Agent /Operator Name and Signature: (If an agent is acting for the applicant during the permit process) M. Frederick Conlin, Jr. Agent/Operator Title Agent /Operator Company, Agency, etc. Professional Engineer CSC Engineering & Environmental Consultants Mailing Address 3407 Tabor Road; Bryan, TX 77808 E -mail Address rconlin @txcyber.com Work Phone with area code Home Phone with area code Fax # Cell Phone # 979 - 778 -2810 979- 693 -7401 979 - 778 -0820 979 - 229 -8329 I hereby authorize the above -named agent to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. I understand that I am bound by the actions of my agent, and I understand that if a federal or state permit is issued, I, or my agent, must sign the permit. Signature of applicant , Date (mm /dd /yyyy) L� —&-,r �.- 04/11/11 I certify that I am familiar with the informatio contained in this application, and that to the best of my knowledge and belief, such information is true, complete, and accurate. Signature of auth • ized agent Date (mm /dd /yyyy) 1 6 -4:: !-11 � . • 04/11/11 Box 3 Name of property owner, if other than applicant: Not Applicable ❑ Multiple Current Owners (If multiple current property owners, check here and include a list asanattachment) , Owner Title Owner Company, Agency, etc. Not Applicable Not Applicable Page 12 of 18 SWF Recommended Application Form - NWP 29 Mailing Address Not Applicable Work Phone with area code Home Phone with area code Not Applicable Not Applicable Box 4 Project location, including street address, city, county, state, and zip code where proposed activity will occur: The project is located northwest of the intersection of Greens Prairie Road and Sweetwater Drive in College Station, Texas (see attached Figure 1). Nature of Activity (Description of project; include all features; see instructions): Construction of a single family residential subdivision that will include excavation of the upper reach of an emphemeral drainageway knonw as Tributary D of Spring Creek to create a storm water retention /detention basin, plus the filling of a protion of the tributary drainage way for a roadway crossing, and the additional filling of an already filled portion of the drainage way downstream of the roadway crossing to permit drainage to an existing pond in an adjacent subdivision (see attached Figures 3 and 4). Project Purpose (Description of the reason or purpose of the project; see instructions): The purpose of the project is to construct a single family residential subdivision. Has a delineation of waters of the U.S., including wetlands, been completed? (see instructions) ® Yes, Attached ❑ No If a delineation has been completed, has it been verified in writing by the USACE? ❑ Yes, Date of approved or preliminary jurisdictional determination (mm /dd /yyyy): USACE project: ® No Are color photographs of the existing conditions available? ® Yes, Attached 1 I No Are aerial photographs available? ® Yes, Attached ❑ No 1 Multiple Waters of the U.S. (If multiple waters of the U.S., check here and complete the table in Attachment D) Waterbody(ies) (if known; otherwise enter "an unnamed tributary to "): Tributary D to Spring Creek Tributary(ies) to what known, downstream waterbody(ies): Spring Creek Latitude & longitude (Decimal Degrees): 30.5445 North and 96.2849 West USGS Quad map name(s): Wellborn, TX Quadrangle Map (see attached Figure 5). Watershed(s) and other location descriptions, if known: Spring Creek watershed. Directions to the project location: Take SH 6 south to College Station; exit SH 40 west (right); go —1.4 -mile to Victoria Ave. and turn south (left); take Victoria Ave —0.7 -mile to south to where it ends at project site. Part III: Project Impacts and Mitigation Box 5 Reason(s) for Discharge into waters of the U.S.: Discharge to drainage way is related to development of a single family residential subdivision and related roadway and storm drainage control construction. Page 13 of 18 SWF Recommended Application Form - NWP 29 1 Type(s) of material being discharged and the amount of each type in cubic yards: Most of impacts will be associated with excavations. Material being discharged in fill areas is soil for roadway embankment. Volume with respect to original drainage way channel is estimated to be in the range of 20 to 30 cubic yards. Total surface area (in acres) of wetlands or other waters of the U.S. to be filled: 0.25 acres Indicate the proposed impacts to waters of the U.S. in ACRES (for wetlands and impoundments) and LINEAR FEET (for rivers and streams), and identify the impact(s) as permanent and /or temporary for each waterbody type listed below. The table below is intended as a tool to summarize impacts by resource type for planning compensatory mitigation and does not replace the table of waters of the U.S. in Attachment D for those projects with impacts to multiple waters of the U.S. Permanent Temporary Waterbody Type Acres Linear feet Acres Linear feet Non - forested wetland 0.13 Forested wetland Perennial stream Intermittent stream Ephemeral stream 0.07 Impoundment 0.05 Other: Total: 0.25 Potential indirect and /or cumulative impacts of proposed discharge (if any): None known; but see Table 1 in Attachment D along with explaination of impacts to WOUS. Required drawings (see instructions): Vicinity map: ® Attached To -scale plan view drawing(s): ® Attached To -scale elevation and /or cross section drawing(s): ® Attached Is any portion of the work already complete? n Yes ® No If yes, describe the work: Not Applicable. Box 6 Authority: (see instructions) Is Section 10 of the Rivers and Harbors Act for projects affecting navigable waters applicable? 1 Yes ® No (see Fort Worth District Navigable Waters list) Is Section 404 of the Clean Water Act applicable? ® Yes No Box 7 Larger Plan of Development: Is the discharge of fill or dredged material for which Section 10/404 authorization is sought intended for a residential development project which is part of a larger plan of development? n Yes ® No (If yes, p /ease provide the information in the remainder of Box 7) Does the residential development project have independent utility in addition to the larger plan of development? 1 Yes No If yes, explain: Not Applicable. Page 14 of 18 SWF Recommended Application Form - NWP 29 If discharge of fill or dredged material is part of development, name and proposed schedule for that larger development (start-up, duration, and completion dates): Not Applicable. Location of larger development (If discharge of fill or dredged material is part of a plan of development, a map of suitable quality and detail for the entire project site should be included): Not Applicable. Total area in acres of entire project area (including larger plan of development, where applicable): Not Applicable. Box 8 Federally Threatened or Endangered Species (see instructions) Please list any federally - listed (or proposed) threatened or endangered species or critical habitat potentially affected by the project (use scientific names (i.e., genus species), if known): None Have surveys, using U.S. Fish and Wildlife Service (USFWS) protocols, been conducted? ❑ Yes, Report attached ® No (explain): An experienced rangeland scientist has surveyed the limited area of disturbed and did not observe any threatened or endagered species or critical habitat. If a federally - listed species would potentially be affected, please provide a description and a biological evaluation. I 1 Yes, Report attached ® Not attached Has Section 7 consultation been initiated by another federal agency? 1 Yes, Initiation letter attached ® No Has Section 10 consultation been initiated for the proposed project? 1 1 Yes, Initiation letter attached ® No Has the USFWS issued a Biological Opinion? H Yes, Report attached ® No If yes, list date Opinion was issued (mm /dd /yyyy): Not Applicable. Box 9 Historic properties and cultural resources Please list any historic properties listed (or eligible to be listed) on the National Register of Historic Places which the project has the potential to affect: No properties are listed. Has an archaeological records search been conducted? [] Yes, Report attached ® No (explain): Other records searches for other projects in the area did not indicate the presence of sites of historical signficance on the subject property. Also there has been extensive residential development of the areas all around the subject property and no sites of historical or archeological signicance have been encountered. Are any cultural resources of any type known to exist on -site? (1 Yes ® No Has an archaeological pedestrian survey been conducted for the site? 1 Yes, Report attached ® No (explain): The area of impact is relatively small and the absence of archeological sites in the adjacent areas where there has been extensive residential development did not seem to justify an on -site survey. Has Section 106 or SHPO consultation been initiated by another federal or state agency? 1 1 Yes, Initiation letter attached ® No Has a Section 106 MOA been signed by another federal agency and the SHPO? n Yes, Attached ® No Page 15 of 18 SWF Recommended Application Form - NWP 29 If yes, list date MOA was signed (mm /dd /yyyy): Not Applicable. Box 10 Proposed Conceptual Mitigation Plan Summary (see instructions) Measures taken to avoid and minimize impacts to waters of the U.S. (if any): The areas around the existing drainage way are currently relatively barren of surface vegetation. As part of the proposed development, the areas outside of the proposed pond and roadway will be planted with native grasses, bushes, and trees to promote filtering of storm water runoff. The drainage swale area between the proposed pond and the existing pond will be cultivated to promote the re- establishment of the existing herbaceous wetland vegetation following filling of the area. Applicant proposes combination of one or more of the following mitigation types: n Mitigation Bank ® On -site Off -site (Number of sites: ) , None Applicant proposes to purchase mitigation bank credits: Yes ® No Mitigation Bank Name: Not Applicable. Number of Credits: Not Applicable. Indicate in ACRES (for wetlands and impoundments) and LINEAR FEET (for rivers and streams) the total quantity of waters of the U.S. proposed to be created, restored, enhanced, and /or preserved for purposes of providing compensatory mitigation. Indicate mitigation site type (on- or off -site) and number. Indicate waterbody type (non- forested wetland, forested wetland, perennial stream, intermittent stream, ephemeral stream, impoundment, other) or non - jurisdictional (uplands Mitigation Waterbody Type Created Restored Enhanced Preserved Site Type and Number e.g., On -site 1 Non - forested wetland 0.5 acre e.g., Off -site 1 Intermittent stream 500 LF 1000 LF On -site Ephemeral Stream 0.10 On -site Non -juris upland 0.10 (non- designated buffer but designated common area). Totals: 0.10 0.10 For uplands, please indicate if designed as an upland buffer. Summary of Mitigation Work Plan (Describe the mitigation activities listed in the table above): Mitigation involves the restoration of existing vegetation in disturbed area between the proposed storm water retention /detention basin (pond) and the existing pond (see Figure 4) and also plantings of native trees, cushes and grasses in the common area around the proposed pond. If no mitigation is proposed, provide a detailed explanation of why no mitigation would be necessary to ensure that adverse effects on the aquatic environment are minimal: Not Applicable. Page 16 of 18 SWF Recommended Application Form - NWP 29 Has a conceptual mitigation plan been prepared in accordance with the USACE regulations and guidelines? I Yes, Attached ® No (explain): Miitigation involves restoration of existing vegetation in disturbed areas. Mitigation site(s) latitude & longitude (Decimal USGS Quad map name(s): Degrees): Same of Project Site Lat & Long Same of Project Site Quad Map Other location descriptions, if known: Not Applicable. Directions to the mitigation location(s): Not Applicable. Box 11 Water Quality Certification (see instructions): For Texas: Does the project meet the conditions of the Texas Commission on Environmental Quality (TCEQ) Clean Water Act Section 401 certification for NWP 29? ® Yes n No Does the project include soil erosion control and sediment control Best Management Practices (BMPs)? ® Yes, No Does the project include BMPs for post- construction total suspended solids control? ® Yes No For Louisiana: Individual water quality certification issued by LDEQ? n Yes, Attached I I No Water quality certification waiver or other approval by LDEQ? 1 Yes, Attached I No Explain: Not Applicable. For Tribal Lands ( "Indian Country "): Does the project meet the conditions of the EPA water quality certification for NWPs? I Yes n No • Box 12 List of other certifications or approvals /denials received from other federal, state, or local agencies for work described in this application: Approval Identification Date Agency TypeZ No. Date Applied Approved Date Denied 2 Would include but is not restricted to zoning, building, and floodplain permits Page 17 of 18 SWF Recommended Application Form - NWP 29 Part IV: Attachments Included A. List of Property Owners n B. Delineation of Waters of the U.S., Including Wetlands C. Color Photographs D. Table of Waters of the U.S. Impacted by the Proposed Project El E. Required Drawings /Figures F. Threatened or Endangered Species Reports and /or Letters n G. Historic Properties and Cultural Resources Reports and /or Letters n H. Conceptual Mitigation Plan I I. Other: n End of Form Page 18 of 18 SWF Recommended Application Form - NWP 29 Instructions: [please do not include these pages when submitting form] 1) Complete Part I of the form first to determine if the project meets the conditions and requirements of NWP 29, including the General and Regional Conditions as well as the notification requirements. Additional information on the general conditions is available at the following website: http: / /www.swf. usace.army.mil /pubdata /envi ron /regulatory/perm itting /gp.asp 2) Boxes 1 to 3: Provide contact information for the Applicant, Agent, Owner, etc. 3) Box 4: a. Nature of Activity: Describe the overall activity or project. Give appropriate dimensions of structures such as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved. Also, identify any structure to be constructed on a fill, piles, or float - supported platforms. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to do. If more space is needed, attach a separate sheet marked "Box 4 Nature of Activity." b. Proposed Project Purpose: Describe the purpose and need for the proposed project. What will it be used for and why? Also include a brief description of any related activities to be developed as the result of the proposed project. c. Delineation of waters of the U.S.: Waters of the U.S. are defined under 33 CFR part 328.3 (a) as: (1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (iii) Which are used or could be used for industrial purposes by industries in interstate commerce; (4) All impoundments of waters otherwise defined as waters of the U.S. under the definition; (5) Tributaries of waters identified in paragraphs (a) (1) through (4) of this section; (6) The territorial seas; (7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) (1) through (6) of this section. In addition, 33 CFR part 328.3 (b) states: The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, the ordinary high water mark, as well as any adjacent wetlands, demarcate the limits of non -tidal waters of the U.S. Wetlands are identified and delineated using the methods and criteria established in the USACE Wet /ands Delineation Manual (1987 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils, and wetland hydrology) as well as any applicable interim regional supplements. d. Multiple Waters of the U.S.: If the project impacts multiple waters of the U.S., include information for each water in the table in Attachment D. 4) Box 5: Required drawings (see examples in separate file): Submit one legible copy of all drawings (8 1/2 x 11 -inch or 11 x 17 -inch) with a 1 -inch margin around the entire sheet. The title box shall contain the title of the proposed project, date, and sheet number. i. Vicinity map: Cover an area large enough so the project can be easily located; include arrow marking the project area, identifiable landmarks (e.g., named waterbody, county, city), name or number of roads, north arrow, and scale. ii. Plan view: Include features such as existing bank lines, ordinary high water mark line(s), average water depth around the activity, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, north arrow, and scale. iii. Elevation and /or cross - section views: Include features such as water elevation as shown on plan view drawing, existing and proposed ground level, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, and scale. 5) Box 6: A list of navigable waters in the Fort Worth District can be found at the following website: http: / /www.swf. usace.army.mil /pubdata /environ /regulatory/jurisdiction /navlist. pdf Under Section 404 of the Clean Water Act, the USACE regulates the discharge of dredged or fill material into waters of the U.S. More information on regulated activities can be found at the following website: http: / /www.swf.usace. army.mil /pubdata /environ/ regulatory/regulatedactivities.asp 6) Box 8: Information on federally threatened or endangered species may be found on the U.S. Fish and Wildlife Service website and the Texas Parks and Wildlife Department website. Include an attachment if additional space is required for listing species or critical habitat potentially affected by the project. http: / /www.fws.gov/ southwest /es /EndangeredSpecies /lists/ http: / /www.tpwd.state.tx. us /huntwild/ wild /species /endang /index.phtml http: / /www.tpwd.state.tx. us /landwater /land/ maps /gis /ris /endangered_species / 7) Box 10: When completing this box, be aware that the USACE will consider if the project has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the U.S. to the maximum extent practicable at the project site when determining appropriate and practicable mitigation necessary to ensure that adverse effects to the aquatic environment are minimal. The USACE may also require compensatory mitigation at a minimum one - for -one ratio for losses of wetlands, streams, and open waters to ensure that the project results in minimal adverse effects on the aquatic environment. See the USACE Fort Worth District Regulatory Branch website for a mitigation plan template and requirements. http: / /www.swf.usace.army.mil /pubdata /environ/ regulatory/permitting /mitigation.asp 8) Box 11: Projects in Texas should meet the conditions of the Texas Commission on Environmental Quality (TCEQ) Clean Water Act Section 401 certification for NWP 29. The TCEQ conditions of Section 401 certification for NWP 29 as well as a description of Best Management Practices can be found at the following website: http: / /www.tceq.state.tx.us /perm itting /water_quality /wq_ assessment /401certification /401certifica tion_nationwide.html Projects in Louisiana require water quality certification from the Louisiana Department of Environmental Quality (LDEQ). LDEQ has denied water quality certification for NWP 29 and will consider water quality certification on a case -by -case basis. Therefore, an individual water quality certification, waiver, or other approval by the LDEQ is necessary prior to USACE consideration of a project for authorization under NWP 29 in Louisiana. Information about water quality certification from LDEQ can be found at the following website: http: / /www.deq.louisiana.gov /portal /tabid /2268 /Default.aspx The Environmental Protection Agency (EPA) is the agency required to address water quality certification of the 2007 NWPs in "Indian Country" where a tribe has not received treatment in the same manner as a state for the Clean Water Act (CWA) Section 401 program. "Indian Country," as defined in 18 U.S.C. 1151, means: (1) all land within the limits of any Indian reservation under the jurisdiction of the U.S. government, not withstanding the issuance of any patent, and including rights -of -way running through the reservation; (2) all dependent Indian communities within the borders of the U.S. whether within the original or subsequently- acquired territory thereof, and whether within or without the limits of a state; and (3) all Indian allotments, the Indian titles to which have not been extinguished, including rights -of -way running through the same. At this time, no Indian tribes in Texas or Louisiana have CWA Section 401 authority. The EPA has developed a list of conditions that must be met in order for water quality certification of NWPs in "Indian Country" lands. The list of "401 Certification Conditions of Nationwide Permits for Tribal Lands in Texas" can be found at the following website: http: / /www.swg.usace. army. mil /reg /permitnw/ NWP% 202007 %20lnformation /npw_regional %20c onditions /2007NWPTXwgcEPA.pdf The list of "Water Quality Regional NWPs Conditions for 'Indian Country' Lands" in Louisiana can be found in Part III of the document at the following website: http: / /www. mvn. usace.army. m iI /ops /reg u latory/ 2007 %20N WP %20regiona l %20conditions%20- %20Louisiana.pdf 9) Attachments: Check the boxes in Part IV for those attachments that are included, and place a cover sheet or tab with each attachment behind the last page of the form. If Attachment D is not needed, discard this page, but if more room is necessary, include an additional table. • ATTACHMENT'S DELINEATION OF WATERS OF THE UNITED STATES INCLUDING WETLANDS See Figure 4 in Attachment E r ATTACHMENT C COLOR SITE PHOTOGRAPHS Photographs 1 through 6 (See Figure 4 in Attachment E for location and orientation of view of each photograph) - -, ti - - Photograph 1: View of upper reaches of drainage way through common area of proposed subdivision development showing poorly defined features of drainage channel. Area immediately adjacent to drainage way was recently been disturbed by clearing operations. View looking west from near western boundary of common area of . ro Dosed subdivision develo i ment. .. - .. J r Vie- Fp < : 4>a. • � ', x , . +lx � r i . ? , 4 i l l ,r � .. § k.l,� ' :test A ii . t ' r' r ,r '# 4- ` x e r g `7° -, Cr: -- x4,14.1re,, ,, ."- , . :4- , , - , ,. ,, .`, r,l'z-/- , 4 - 4 , 4, : ,,,. , 4. , Photograph 2: Vi ew of middle portion of drainage way undisturbed by clearing. Note well defined and very narrow width of natural drainage channel. View looking downward and in east- northeasterly direction from near center of previously referenced common area in proposed pond location. C `. Engineering & Environmental Consultants Inc. Castlegate II Subdivision . i III •7 C College Station, Texas • Photograph 3: View of backwater in drainage way created by previous construction of energy pipeline by others with resulting artificial "damming" of drainage way. View looking northeast from near proposed downstream portion of pond at proposed roadway crossing of common area of proposed residential development. Note cows grazing in area. 3 � r Yjj r R , s . t ' d !. 6 jg 'T` `7..:.. }_ ,y,e ._ d �4 / /n y „rid ' "'' • . Si A ,:. a to `• 3 or Photograph 4: Another view of wider portion of backwater in drainage way created by previous construction of energy pipeline by others. View looking southwest from boundary between already developed phase of subdivision and proposed development area. C 111 $ Engineering environmental Consultants Inc. Castlegate II Subdivision C College Station, Texas ; t 44" 4 Photograph 5: View looking downstream from proposed culverts under proposed roadway in drainage swale area between proposed pond and existing pond (in background of photograph) located in currently developed area of subdivision. View is looking northeast from near previously described location for Photograph 4. Note vegetation in drainage swale that is characteristic of palustrine emergent wetland. Portion of swale will be filled to provide drainage between proposed pond and existing pond but natural herbaceous wetland vegetation will be re- establish in fill areas. . S E "9' "een "9 & Environmental Castlegate II Subdiv Consultants, Inc. C College Station, Texas Wig � 1=14, ItZ rte -. 03/11/2011 Photograph 6: View of existing pond downstream of proposed area of development showing landscaped area around pond and at end of proposed drainage swale between ponds. Pond is similar to proposed pond in existing impounded backwater areas of proposed subdivision shown in Photographs 3 and 4. View looking northeast from near southwestern end of existing pond. 111 s Engine Consultants Inc ering & Environmental Castlegate 11 subdivision C College Station, Texas ATTACHMENT D TABLE OF WATERS OF THE U.S. IMPACTED BY THE PROPOSED PROJECT USACE Table, CSC Table 1 Plus Remarks 1 le �— . . . ) / O 2 2 % f 2$ m >.>. E b U 00 L / p U E �� C \ 0 U� / '- 2 \ _ % . 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L W t a) Q cc; U 0 o • Y Z 0 -o ' 3 y = aCi al t. 0 W w 6) w ,••• • " U O a; o o 0 N w a) U a) - al.0 3 H v w o=n �i N • 131 ;+ o • Q p i • M U w 0 o was- � cd u C ,_-• �,9 c. E U al U •U, m N b = R t. y O. O y =. El c ',7,' Q Ct ATTACHMENT E REQUIRED DRAWINGS /FIGURES Figures 1 through 7 Figure 1 — Project Vicinity Map Figure 2 —2005 Aerial Photograph of Subject Property and Surrounding Area Figure 3 — Proposed Development Scheme Figure 4 — Drainageway Impact Area Figure 5 — Section Views of Existing and Proposed Grading Along Drainage Way Figure 6 — Topographic Map of Subject Property and Surrounding Area Figure 7 — Wetland Inventory Map of Subject Property and Surrounding Area r r i i i r m G SOU .11/ Nig SUBJECT PROPERTY 1 -- P e- e i G � S \ —.go. 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I / ( ilk' . ..5/ r j '''-' ' ./:).' . i r - --/ / T // f . • j ,-... /l i r .� i \ \ TRIB JTARY TO f ,r ` ,, • ( -• \ . ‘S P R I NIG _ ....-/ / ; . c-----\\ ,11 \ ?%,.. .'�.r^- ,,..� ---� L�.i„� // 1 �•... fc,7,..,.......-::::\--Nt.k.....-..„,,,\ \- - ..-- ,- j \---/ 1 1 1 1 �`r� 1` \� ' ,\ , r I I r A. i f l i �. J j j e ,� 7 Source: TNRIS Wellbom, DRG 1000 0 1000 FEET Modification: Property Location (CSC 2011) E w a C E »gi»eeri»g Environmental TOPOGRAPHIC MAP OF SUBJECT PROPERTY S Consultants, AND SURROUNDING AREA E C Regiairation Num -IW8 W Prepared For: PROJECT 11008 -345 PHILLIPS LOCATION: COLLEGE STATION, TEXAS 1 APPR: MFC REV. DATE: -- ENGINEERING DRAWN BY: AEA SCALE: AS SHOWN s DATE: 04/13/11 FIGURE NO.: 6 11 - 3 - 1 X ti. 2o.f) f" P 440----- J ‘ t • t • s - ..____ ,OX1"+1'HIr , ?WN k " POWHk S • s-" C) SUBJECT PROPERTY • __ , P W H k p--- __ POWNk 1 r . ih 1 , PC WHk I1 k t N p .. . 1 Q ,. R • ❑ z • PO W H k Source: National Wetlands Inventory Map, United States 1000 0 1000 FEET eT Department of the Interior, Welbom (1993) 9. Modification: Property Location (CSC 2011) w C WETLAND INVENTORY MAP II s Engineering & Environmental OF SUBJECT PROPERTY U Consultants, Inc. C Reps.:ton Number F -7078 AND SURROUNDING AREA E w Prepared For: PROJECT 11008 -345 LOCATION: COLLEGE STATION, TEXAS PHILLIPS APPR: MFC REV. DATE: -- ENGINEERING DRAWN BY: AEA SCALE: AS SHOWN s DATE: 04/13/11 FIGURE NO.: 7 U 31 X ti. Z0, ii 3: as P