You can copy from here when filling out the rest of the page.
The applicant proposes to realign Town Creek for erosion and flood protection.
PROJECT DESCRIPTION: The applicant proposes to discharge fill material during excavation, bank lay back, and realignment of 2,333 linear feet (0.68 acres) of Town Creek to improve stormwater management and reduce localized flooding. The main pilot channel of Town Creek will be re-established to its historical location which is an average of 2.5 feet from its current location. The applicant proposes to construct, within the realigned channel, the following in-stream structures in an effort to reduce erosion: 428 linear feet of overhanging vegetation, 1,723 linear feet of planting with vegetative root wads, ripple and plunge pools, j-hook vanes, and riprap to maintain channel integrity. The applicant anticipates use of these in-stream habitat features will allow for the creation of floodplain wetlands and provide a net increase in aquatic resource area. The capacity of Town Creek will not be increased by this proposed project.
Full Public Notice
Project Plans
Mitigation Plan
SWG-2012-01017
Attachment A
City of Huntsville
04/01/2014
Page 1 of 6
Klotz Associates, Inc., Town Creek, Walker County, Texas
Mitigation Plan
The USGS Quad reference map for the project site is Huntsville, Texas. The project site is located
approximately at UTM coordinates 3,401,504.670m.N and 256,125.370m.E (NAD83). The project
site is located northwest and southeast of the State Highway 30 and State Highway 75 intersection in
Huntsville, Walker County, Texas.
1.) Goals and Objectives
The Applicant is proposing to re-establish 2,333 linear feet of Town Creek for the purpose of
improving storm water management and reduce localized flooding. The main "pilot channel" of
Town Creek will be re-established to its original location within the main channel of existing Town
Creek, throughout the proposed project this would relocate the pilot channel an average of 2.5 feet
from its current location. The proposed construction will not increase the length of the channel; it
will function to capture all water that currently flows through and over the channel at this time.
However, there will be a net increase in aquatic resource area through the use of multiple beneficial
habitat creation devices within the proposed project. The Applicant proposes to utilize construction
methods, specifically those that will allow for the creation of floodplain wetlands, placement of instream habitat structures, and bank armoring utilizing inter-locking block pavers in an effort to reduce
future erosion. The planting of desirable hydrophytic vegetation is also proposed in the created
wetlands and in any keyhole armoring structures. Some in line detention is also proposed in order to
create deep pool habitat while also reducing flow surges during high rainfall events. These areas
along with the proposed created floodplain wetlands, and in-stream habitat structures will serve as
water quality features to remove suspended solids and other pollutants from storm water prior to its
confluence with Parker Creek and subsequent release into Lake Livingston. The design criteria will
meet all City of Huntsville water quality standards.
Since there will be a net increase in aquatic resources the Applicant contends that the project is selfmitigating. The existing pilot channel of Town Creek is only being relocated within the existing bed
and bank of Town Creek. Town Creek currently has a Reach Condition Index (RCI) of 2.5 based on
the Galveston District Stream Assessment Tool (SWG-Tool). The proposed project will have an RCI
of 3.5 once construction is complete.
The Applicant will create the proposed RCI of 3.5 by creating more than four (4) habitat types within
the new channel. This includes, but is not limited to, riffles, vegetative root wads, overhanging
vegetation, plunge pools near the riffles, and some undercut banks. The Applicant is also proposing
to place rip-rap along areas of the channel where erosion is likely to occur. The rip-rap will be placed
mainly along the cut-bank side of the proposed sinuous curves. This will help to create and maintain
channel integrity. Additionally, the Applicant is proposing to plant the proposed adjacent detention
pond to further increase the water quality benefits of the project. See Table 1 below for a breakdown
of the existing Town Creek linear feet and RCI and the proposed channel linear feet and RCI.
SWG-2012-01017
Attachment A
City of Huntsville
04/01/2014
Page 2 of 6
Table 1: Existing and Proposed Stream Conditions
Stream Name
Town Creek
Linear Feet
2,333
RCI
2.5
Proposed New Channel
2,333
3.0 3.5
Habitat Types Present
Undercut banks,
overhanging
vegetation, and small
amounts of riffle-pool
complex
Root wads, undercut
banks, overhanging
vegetation, riffle
pools, plunge pools,
J-hook veins, interlocking block paver
TOE armoring,
floodplain wetland
creation
The primary function of Town Creek in the area is drainage and suspended solids sequestration. The
primary function of the proposed changes to Town Creek will also be drainage and suspended solids
sequestration. However, the proposed construction will create and maintain habitat, will have a much
more stable channel condition, create additional wetland and deep pool habitat, create increased
sinuosity, and allow for better water quality within the immediate watershed.
2.) Baseline information
Town Creek is within the heart of the City of Huntsville and is bordered by commercial and
residential development and public infrastructure on all sides throughout the length of the project.
According to the Web Soil Survey of Walker County, the mapped units within the project boundaries
are Gowker and Kanebreak soils (frequently flooded), Depcor-Urban Land Complex (1-8% slopes),
and Annona-Urban Land Complex (1-8% Slopes).
The entirety of the project tract is located within the 100-year floodplain of Town Creek.
3.) Site selection
The relocation of Town Creek on-site will keep the created aquatic resource function within the same
watershed and will provide for a net increase in stream function for this portion of Town Creek. The
relocation on-site will allow the Applicant to construct the necessary storm water management
improvements and create valuable habitat within the stream channel and directly adjacent to Town
Creek.
4.) Mitigation Work Plan
The Applicant is proposing to re-establish the existing Town Creek pilot channel. The Applicant is
proposing to create multiple habitat types within the proposed new channel by creating riffle and pool
complexes, J-hook veins, floodplain wetland creation, TOE armoring with inter-locking block pavers
and through vegetative plantings. Additionally, the Applicant is proposing to create a stable channel
condition by placing erosion protection near potential erosion prone areas. A mitigation construction
plan with detail view of the proposed work will be submitted under a separate header.
SWG-2012-01017
Attachment A
City of Huntsville
04/01/2014
Page 3 of 6
The proposed riffle complexes and plunge pools will be created by placing rip-rap within the
proposed channel bottom to create the riffle in shallow areas of the channel. The plunge pools will be
constructed and also allowed to develop over time as the water creates deep spaces at the end of the
created riffles. The planting of native wetland plants along the channel and within the key-holes of
the inter-locking block pavers as well as the created wetlands will create the thick vegetative root
wads and overhanging vegetation desired for fish and other aquatic species. Additionally, there will
be some natural undercutting of the bank that will provide additional habitat. The undercutting of the
bank will be allowed to occur in yet to be determined areas that will not impact integrity of the
channel and promote erosion.
5.) Site Protection and Maintenance
The Applicant or its duly authorized representative will be responsible for performance standards
described in Section 6.
6.) Performance Standards
The proposed changes to Town Creek must achieve a minimum RCI of 3.0 within three (3) years
from the completion of the construction and maintain the proposed RCI of 3.0 to 3.5 within five (5)
years following the completion of construction. The RCI will be based on the SWG-Tool or
subsequent stream models approved for use by the USACE Galveston District. The channel will be
considered to have met minimum success criteria (MSC) if after three (3) years the RCI of 3.0 to 3.5
has been achieved and at least two (2) significant rainfall events have occurred.
Invasive species such as Chinese tallow (Triadica sebifera), deep rooted sedge (Cyperus entrerianus),
and black willow (Salix nigra) will be controlled within the new channel and will be make up no
more than five-percent (5%) of the aerial coverage.
7.) Monitoring Plan
The proposed changes to Town Creek will be monitoring quarterly during first year after construction
ideally following rainfall events in the area to assess flow dynamics and channel stability. The
proposed new channel will then be monitored annually for the next four (4) years or until MSC is
met. Monitoring reports will be submitted to the USACE Galveston District and will be in
compliance with Regulatory Guidance Letter No. 08-03.
8.) Long Term Management Plan
Long term maintenance will be carried out according to City of Huntsville standard operating
procedure. Maintenance within the channel below the ordinary high water mark (OHWM) to remove
accumulated sediment impeding flow, storm debris, and repair of rip-rap and other authorized
structures covered by this action will be performed as needed.
9.) Adaptive Management Plan
Should Town Creek not meet MSC or not achieve the proposed RCI by year five (5), the Applicant
will work with the USACE to develop an adaptive management plan so that the proposed RCI is
ultimately achieved and maintained.
SWG-2012-01017
Attachment A
City of Huntsville
04/01/2014
Page 4 of 6
10.) Financial Assurances
The Applicant will be financially responsible for the construction and monitoring. The City of
Huntsville will be responsible for the long term maintenance of the proposed channel, as specified in
Section 8.
11.) Long Term Financing
See Sections 6, 8, and 10 above for a breakdown of maintenance and financial responsibilities.
SWG-2012-01017
Attachment A
City of Huntsville
04/01/2014
Page 5 of 6
Routine Stream Assessment Data Form for Level 1 Streams
U.S. Army Corps of Engineers Galveston District
File Number
Applicant
Stahler
Stream
Order
SWG-2012001017
City of Huntsville
1
8 Digit HUC
SAR #
Impact/SAR
length
Oct. 2011
1
2333
Name(s) of Evaluator(s)
Steam Name and Type
Andy Boswell & William Proctor
Town Creek Branch - Perennial
1. Channel Condition: Assess the cross-section of the stream and prevailing condition (erosion, aggradation)
Optimal
Suboptimal
Marginal
Visual
Channel
Condition
Parameter
Date
Channel is slightly incised and
contains a few areas of active erosion.
Indicators of instability include
Channel shows very little incision or
vegetative cover or natural rock
widening and little or no evidency of
protection only present along 660-80%
erosion or unprotected banks.
of the SAR, point bars and bankfull
Indicators of stability inc lude greater
benches are likely present and
than 80% vegetative cover on the
transient sediment is present along 10banks, stable point bars and bunkfull
40% of the stream bottom. The
benches may be present, mid-channel
stream has access to bankfull benches
and transverse bars are rare or
or developed floodplains along
transient. The stream has access to
portions of the reach. Channel may
active floodplain or fully developed
show evidence of past channel
bankfull benches. No bulkheading or
alteration, but should be exhibiting
riprap may be present
notable recovery of a natural channel.
Bulkhead and riprap are limited to 125% of the SAR.
Poor
Severe
Channel is incised or has had its
course widened. Indicators of
instability include the presence of
erosional scars on 40-60% of the SAR,
vegetative cover or natural rock only
found on 40-60% of the SAR, vertical
or undercut banks, or nickpoints
associated with headcuts may be
present and portions of the channel
may be widening while other portions
of the channel are narrowing, and
transient sediments are found in 4060% of the natural stream bed or
bottom. The stream does not have
acces to the active floodplain.
Bulkheading or riprap is found along
25-50% of the SAR.
Channel is over-widened or are
incised with vertically or laterally
unstable banks. Visual indicators of
over-widening and incision include
near vertical bankis with shallow root
depths, erosional scars present along
60-80% of the SAR, vegetative cover
or natural rock is limited to 20-40% of
the SAR, substantial sediment
deposition of uniformed-size material
is present along 60-80% of the SAR
and pint bars anbd bankfull benches
are absent. The stream does not have
access to an active floodplain .
Bulkheading and riprap are present
along 50-80% of the SAR.
Channel is deeply incised or excavted
with vertical or lateral instability in the
stream bank. Indicators of instability
includethe streambed elevation is
located below the rooting depth, both
banks are vertical or undercut,
vegetative surface protection or
natural rock is only found along 20%
or less of the SAR, the bank is
sloughing an erosional scars or raw
banks present on 80-100% of the SAR
and 80% or more of the natural
streambed is covered by substantial
sediment resulting in threaded
channels. The stream does not have
access to an active floodplain.
3
2
1
4
5
Score
Impact
Factor
CI
2.5
Notes: The entirity of this SAR is incised vertically and is bordered by non-stablized banks. In many areas bank stablization methods appear to have been utilized over many
years due to constant erosion during rain events.
2. RIPARIAN BUFFERS:
Assess both bank's 100 foot riparian areas along the entire SAR.
Optimal
Riparian
Buffers
Suboptimal
Marginal
Native woody
community
species represent
greater than 60%
Native woody
coverage with NO
community
wetlands present species represent
within the buffer
between 30-60%
Native woody species represent
greater than 60% of the coverage and OR native woody coverage with NO
wetlands present.
wetlands are present.
community
species represent No maintenance
or grazing
3-60% coverage
activities.
with wetlands
present. No
maintenance or
grazing activities.
Condition
Scores
5
High = 4.5
Low = 4
Native woody communty represents
less than 30% coverage with no
maintenance or grazing activities.
3
Poor
Severe
The buffer is dominated by one or
more of the following: lawns, mowed The area is dominated by impervious
or maintained right-of-way, no-till
surfaces, mine spoil lands, denued
cropland, actively grazed pasture,
surfaces, conventional tillage row
sparsely vegetated non-maintained
crops, active feed lots or comparable
area, recently seeded and stabilized or
conditions.
other comparable condition.
1
2
Notes: The buffer zone of this SAR is heavily maintained and mowed. Direct buffer is either a mixture of Bermuda and St. Augustine grasses and impervious cover
(concrete/asphalt).
Right Bank
% Riparian Area>
Score >
100%
2
100%
100%
2
100%
CI= (Sum % RA * Scores*0.01)/2
Left Bank
% Riparian Area>
Score >
Rt Bank CI >
2.00
Lt Bank CI >
2.00
CI
2.00
3. INSTREAM HABITAT: Logs or largewoody debris, deep pools, overhanging vegetation, coarse substrate, undercut banks, thick rootwards, dense macrophyte beds, riffls or runs, flats back
water pools and plunge pools.
Instream
Habitat/
Available
Cover
Optimal
Suboptimal
Greater than four (4) in-stream habitat Four (4) types of habitat present in the
types are present in the SAR
SAR
Marginal
Poor
Severe
Three (3) types of habitat present in
the SAR
Two (2) or fewer types of habitat
present in the SAR
No habitat types found in the SAR
CI
4
3
2
1
5
2.00
Score
Notes: The SAR is free of most woody debris due to flow rate during rain events, however does have some areas with coarse substrate bottom in the form
of placed crushed concrete causing minimal riffle-run complexes.
1 of 2
SWG-2012-01017
Attachment A
City of Huntsville
04/01/2014
Page 6 of 6
Stream Impact Assessment Form Page 2
Applicant
Project #
Locality
Cowardin Class.
City of Huntsville
SWG-2012-1017
HUC
Date
Data Point
SAR length
Impact Factor
Oct. 2011
4. CHANNEL ALTERATION: Stream crossings, riprap, concrete, gabions, or concrete blocks, straightening of channel, channelization, embankments, spoil piles, constrictions,
livestock
Optimal
Channel
Alteration
Channelization, dredging, alteration or
hardening absent. Stream has
unaltered patter or has normalize. No
dams, dikes, levees, culverts, riprap,
bulkheads, armor, drop structures or
withdrawal structures within the SAR.
Suboptimal
Marginal
Poor
Severe
Between 30-60 % of the SAR is
Between 60-90 % of the SAR is
Less than 30% of the SAR is impacted impacted by dredging, dams, dikes,
impacted by dredging, dams, dikes,
Between 90-100% of the SAR is
by dredging, dams, dikes, levees,
levees, culverts, riprap, bulkheads,
levees, culverts, riprap, bulkheads,
impacted by dredging, dams, dikes,
culverts, riprap, bulkheads, armor,
armor, drop structures or withdrawal
armor, drop structures or withdrawal
levees, culverts, riprap, bulkheads,
drop structures or withdrawal
structures. Evidence of past alteration
structures. Evidence of past alteration armor, drop structures or withdrawal
structures. Evidence of past alteration may be present, but stream pattern
is present, and stream pattern and structures. Withdrawals, if present, are
may be present, but stream pattern
and stability are beginning to
stability are not recovering.
large enough to have severe loss of
and stability have recovered.
recovered. Withdrawals, if present,
Withdrawals, if present, have may
flow and cause little to no habitat or
Withdrawals, if present, have no
have may have an observable affect
have an observable affect on both
biota.
observable affect on flow
on flow, but no observable affect on
flow and habitat or biota.
habitat or biota.
4
3
2
5
SCORE
1
Notes: Approximately 60% of the SAR is impacted by placed rip-rap and other imprevious bank stabalization methods. Past alteration
occurred during the 1940s to the 1960s, currently the SAR and stream system cannot sustain normal flow rates during rain events.
2.50
REACH CONDITION INDEX and STREAM CONDITION UNITS FOR THIS REACH
NOTE: The CIs and RCI should be rounded to 2 decimal places. The CR should be rounded to a whole number.
THE REACH CONDITION INDEX (RCI) >>
2.25
RCI= (Sum of all CI's)/4
COMPENSATION REQUIREMENT (CR) >>
CR = RCI X LF X IF
INSERT PHOTOS:
DESCRIBE PROPOSED IMPACT:
2 of 2
0
SWG-2012-01017
City of Huntsville
Anderson
Freestone
03/31/2014
Page 1 of 15
Shelby
Cherokee
Nacogdoches
Limestone
San Augustine
Falls
Houston
Leon
Angelina
Trinity
Robertson
Jasper
Madison
Milam
Polk
Walker
Brazos
Tyler
t
u
Site Location
Grimes
Burleson
Montgomery
Lee
287
San Jacinto
Hardin
Washington
Liberty
Waller
Fayette
Austin
Colorado
Jefferson
Harris
Chambers
Fort Bend
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190
Site Location
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0
6
12
SITE VICINITY MAP
Project #: 8371
For:
Klotz Associates, Inc.
Location: Town Creek Drainage Improvement Project
Walker County, Texas
REVISIONS
Dec. 12, 2011 by MDB
BERG x OLIVER ASSOCIATES, INC.
ENVIRONMENTAL SCIENCE, ENGINEERING
& LAND USE CONSULTANTS
14701 ST. MARY'S LANE, SUITE 400
HOUSTON, TEXAS 77079 PHONE (281)589-0898 http://www.bergoliver.com
24
Miles
SWG-2012-01017
City of Huntsville
Anderson
Freestone
03/31/2014
Page 2 of 15
Shelby
Cherokee
Nacogdoches
Limestone
San Augustine
Falls
Houston
Leon
Angelina
Trinity
Robertson
Jasper
Madison
Milam
Polk
Walker
Brazos
Tyler
Site Location
Grimes
Burleson
San Jacinto
Montgomery
Lee
Hardin
Washington
Liberty
Waller
Fayette
Austin
Colorado
Jefferson
Harris
Chambers
Fort Bend
Ave M
7th St.
ve
Ri
Ave I
Ph
e
.
Dr
lps
Dr
.
Ave J
16th St.
University Ave.
14th St.
Sam Houston Ave.
10th St.
ide
rs
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ar
ka
t
Bl
v
d
§
¨
¦
45
LEGEND
0
750
1,500
Limits of Town Creek
Drainage Improvements
3,000
Feet
SITE LOCATION MAP
Project #: 8371
For:
Klotz Associates, Inc.
Location: Town Creek Drainage Improvement Project
Walker County, Texas
REVISIONS
Dec. 12, 2011 by MDB
BERG x OLIVER ASSOCIATES, INC.
ENVIRONMENTAL SCIENCE, ENGINEERING
& LAND USE CONSULTANTS
14701 ST. MARY'S LANE, SUITE 400
HOUSTON, TEXAS 77079 PHONE (281)589-0898 http://www.bergoliver.com
SWG-2012-01017
City of Huntsville
03/31/2014
Page 3 of 15
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Public Notice
U.S. Army Corps
Of Engineers
Galveston District
Permit Application No:
SWG-2012-01017
Date Issued:
Comments Due:
2 April 2014
2 May 2014
U.S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT
AND
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
PURPOSE OF PUBLIC NOTICE: To inform you of a proposal for work in which you
might be interested. It is also to solicit your comments and information to better enable
us to make a reasonable decision on factors affecting the public interest. The U.S.
Army Corps of Engineers (Corps) is not the entity proposing or performing the proposed
work, nor has the Corps taken a position, in favor or against the proposed work.
AUTHORITY: This application will be reviewed pursuant to Section 404 of the Clean
Water Act.
APPLICANT:
City of Huntsville
1212 Avenue M
Huntsville, Texas 77340-4608
Telephone: 936-291-5400
POC: Aron Kullhavey
AGENT:
BergOliver Associates, Inc.
14701 St. Mary's Lane, Suite 400
Houston, Texas 77079-2932
Telephone: 281-589-0898
POC: Andy Boswell
LOCATION: The project is located in Town Creek between the starting point at 17th
Street and the ending point at 14th Street and Avenue J, in Huntsville, Walker County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Huntsville, Texas.
LATITUDE & LONGITUDE (NAD 83):
Start Latitude: 30.716622 North;Longitude: -95.542797 West
End Latitude: 30.720139 North;Longitude: -95.548897 West
PROJECT DESCRIPTION: The applicant proposes to discharge fill material during
excavation, bank lay back, and realignment of 2,333 linear feet (0.68 acres) of Town
Creek to improve stormwater management and reduce localized flooding. The main
pilot channel of Town Creek will be re-established to its historical location which is an
average of 2.5 feet from its current location. The applicant proposes to construct, within
the realigned channel, the following in-stream structures in an effort to reduce erosion:
428 linear feet of overhanging vegetation, 1,723 linear feet of planting with vegetative
root wads, ripple and plunge pools, j-hook vanes, and riprap to maintain channel
integrity. The applicant anticipates use of these in-stream habitat features will allow for
the creation of floodplain wetlands and provide a net increase in aquatic resource area.
The capacity of Town Creek will not be increased by this proposed project.
AVOIDANCE AND MINIMIZATION: The applicant has stated that they have avoided
and minimized the environmental impacts with the design of the proposed project and
the use of in-stream habitat features. The capacity of Town Creek will not be increased
by the proposed project further reducing the environmental impacts. The applicant
initially proposed to work within 3,770 linear feet of Town Creek. This design was
eliminated because reducing the linear footage of the proposed work to the proposed
2,333 linear feet still accomplished the goals of the proposed project and further
minimized the environmental impacts. The installation of multiple habitat elements will
restore ecological function within the channel, prevent future erosion, and help maintain
channel integrity thereby reducing future maintenance requirements. The proposed
project will create a net positive measureable biological and ecological impact on the
Town Creek stream system.
MITIGATION: The applicant believes the design of the proposed project is selfmitigating. The creation of ripple and plunge pools, planting of vegetative root wads and
overhanging vegetation, and the development of undercut banks will create an
improved habitat within the channel of Town Creek. The placement of the riprap along
the cut-bank side of the proposed sinuous curves will help create and maintain channel
integrity. The applicant used the SWG Stream Evaluation Tool dated April 2013 to
evaluate the function of Town Creek. This was the required stream assessment tool at
the time of submittal of the permit application. The calculated Reach Condition Index
(RCI) was 2.25. The applicant anticipates the proposed project will generate a RCI
between 3.0 and 3.5 upon completion of construction. The applicant will calculate the
RCI after completion of construction to demonstrate a positive gain in habitat function.
CURRENT SITE CONDITIONS: The project is located within the banks of Town Creek
from 14th Street to Bearkat Boulevard within the City of Huntsville. The project is
surrounded by commercial and public infrastructure development. Historically, Town
Creek was a natural tributary of Parker Creek that flowed toward Lake Livingston and
collected rainwater runoff from the surrounding area. The City of Huntsville developed
around Town Creek and the subsequent minimal drainage improvements resulted in
major erosion of the channel of Town Creek and increased flooding of the areas
surrounding this stream. The project boundaries do not contain any wetlands.
Permit Application SWG-2012-01017
2
BACKGROUND: The applicant proposes to re-establish the historic drainage pathway
of Town Creek because of frequent localized flooding occurring within the City of
Huntsville. This area has been designated as one of the highest priorities by the Texas
Emergency Management Office and FEMA for flood risks. Town Creek is a historic
tributary of Parker Creek which flows into Lake Livingston to the northeast. Portions of
the development of the City of Huntsville and Sam Houston State University were
designed to feed stormwater into Town Creek. Stormwater improvements within Town
Creek were not adequate to handle the stormwater load. As a result, small rain events
have caused severe localized flooding since the 1970s. Due to the additional
stormwater, the original channel has eroded creating a much wider, steeper banked and
less efficient drainage channel. This decrease in efficiency has increased the potential
for upstream and downstream flooding due to the drainage system operating incorrectly.
The erosion is creating structural integrity issues along the banks surrounding Town
Creek causing safety issues for the general public and land owners. The continued
erosion is also creating siltation and sedimentation issues within and downstream of
Town Creek. The restoration of the Town Creek channel, the placement of habitat
creation mechanisms, and the laying back of the existing banks is necessary to restore
Town Creek to its original design since a large amount of the original channel and bank
has eroded.
NOTES: This public notice is being issued based on information furnished by the
applicant. This project information has not been verified by the Corps. As of the date of
this Public Notice, the Corps has received, but not yet verified, the wetland delineation.
The applicant's plans, in 15 sheets, and the mitigation plan, in 6 sheets, are enclosed.
A preliminary review of this application indicates that an Environmental Impact
Statement (EIS) is not required. Since permit assessment is a continuing process, this
preliminary determination of EIS requirement will be changed if data or information
brought forth in the coordination process is of a significant nature.
Our evaluation will also follow the guidelines published by the U.S. Environmental
Protection Agency pursuant to Section 404 (b)(1) of the Clean Water Act (CWA).
OTHER AGENCY AUTHORIZATIONS: The project site is not located within the Texas
Coastal Zone and, therefore, does not require certification from the Texas Coastal
Management Program.
This project would result in a direct impact of greater than three acres of waters of the
state or 1,500 linear feet of streams (or a combination of the two is above the
threshold), and as such would not fulfill Tier I criteria for the project. Therefore, Texas
Commission on Environmental Quality (TCEQ) certification is required. Concurrent with
Corps processing of this application, the TCEQ is reviewing this application under
Section 401 of the CWA and in accordance with Title 30, Texas Administrative Code
Section 279.1-13 to determine if the work would comply with State water quality
standards.
Permit Application SWG-2012-01017
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By virtue of an agreement between the Corps and the TCEQ, this public notice is also
issued for the purpose of advising all known interested persons that there is pending
before the TCEQ a decision on water quality certification under such act. Any
comments concerning this application may be submitted to the Texas Commission on
Environmental Quality, 401 Coordinator, MSC-150, P.O. Box 13087, Austin, Texas
78711-3087. The public comment period extends 30 days from the date of publication
of this notice. A copy of the public notice with a description of work is made available
for review in the TCEQ's Austin office. The complete application may be reviewed in
the Corps office listed in this public notice. The TCEQ may conduct a public meeting to
consider all comments concerning water quality if requested in writing. A request for a
public meeting must contain the following information: the name, mailing address,
application number, or other recognizable reference to the application; a brief
description of the interest of the requester, or of persons represented by the requester;
and a brief description of how the application, if granted, would adversely affect such
interest.
NATIONAL REGISTER OF HISTORIC PLACES: The staff archaeologist has reviewed
the latest published version of the National Register of Historic Places, lists of properties
determined eligible, and other sources of information. The following is current
knowledge of the presence or absence of historic properties and the effects of the
undertaking upon these properties:
The permit area has been so extensively modified that little likelihood
exists for the proposed project to impinge upon a historic property, even if
present within the affected area.
THREATENED AND ENDANGERED SPECIES: Preliminary indications are that no
known threatened and/or endangered species or their critical habitat will be affected by
the proposed work.
PUBLIC INTEREST REVIEW FACTORS: This application will be reviewed in
accordance with 33 CFR 320-332, the Regulatory Programs of the Corps, and other
pertinent laws, regulations and executive orders. The decision whether to issue a
permit will be based on an evaluation of the probable impacts, including cumulative
impacts, of the proposed activity on the public interest. That decision will reflect the
national concern for both protection and utilization of important resources. The benefits,
which reasonably may be expected to accrue from the proposal, must be balanced
against its reasonably foreseeable detriments. All factors, which may be relevant to the
proposal, will be considered: among those are conservation, economics, aesthetics,
general environmental concerns, wetlands, historic properties, fish and wildlife values,
flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and
fiber production, mineral needs and, in general, the needs and welfare of the people.
Permit Application SWG-2012-01017
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SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public,
Federal, State, and local agencies and officials, Indian tribes, and other interested
parties in order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the Corps to determine whether to issue,
modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the other public
interest factors listed above.
Comments are used in the preparation of an
Environmental Impact Assessment and/or an Environmental Impact Statement pursuant
to the National Environmental Policy Act. Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed
activity.
This public notice is being distributed to all known interested persons in order to assist
in developing facts upon which a decision by the Corps may be based. For accuracy
and completeness of the record, all data in support of or in opposition to the proposed
work should be submitted in writing setting forth sufficient detail to furnish a clear
understanding of the reasons for support or opposition.
PUBLIC HEARING: The purpose of a public hearing is to solicit additional information
to assist in the evaluation of the proposed project. Prior to the close of the comment
period, any person may make a written request for a public hearing, setting forth the
particular reasons for the request. The District Engineer will determine if the reasons
identified for holding a public hearing are sufficient to warrant that a public hearing be
held. If a public hearing is warranted, all known interested persons will be notified of the
time, date, and location.
CLOSE OF COMMENT PERIOD: All comments pertaining to this public notice must
reach this office on or before 2 May 2014. Extensions of the comment period may be
granted for valid reasons provided a written request is received by the limiting date. If
no comments are received by that date, it will be considered that there are no
objections. Comments and requests for additional information should reference our file
number, SWG-2012-01017, and should be submitted to:
Elizabeth Shelton
Regulatory Branch, CESWG-PE-RE
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229
409-766-3937 Phone; 409-766-6301 Fax
swg_public_notice@usace.army.mil
DISTRICT ENGINEER
GALVESTON DISTRICT
CORPS OF ENGINEERS
Permit Application SWG-2012-01017
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