R2010-074 - 2010-06-14RESOLL�TIC7N hJC3. R20'10�74
A RESQLUTIOhJ O�' THE CITY COU�1C1� O� THE CITY OF REARLAND,
TEXAS, AUTHORIZfNG THE CITY 11�'IANAGER OR HIS DESIGNEE TO
ENTER INTO AN IN�ERLdCAL AGREEMENT AND AN AMEND�ED
ME�RAMDUM OF UN�EF�STANDING WITH BRAZORIA DRAINAGE
DISTRICT N�. 4.
BE IT RES�LVED Bl' THE CITY COUN�CI� OF TF�E CITY OF FEA,RLAND, T�XAS:
�ection 1. That certain Interlocal Agreemer�t by and betvueen the City ofi Pearlarrd
an� Brazaria Drai�age District No. 4, a cQpy of whieh is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That certain Arrrended PVlemorandum of Understanding by and
between fhe Ci#y of Pearland and �razaria l�rainage District Na. 4, a cc�py of which is
attached hereto as Exhibi# "B" and r�ade a part hereof �or all purposes, is �hereby
au�horized and approved.
Section 3. That the City Manager or his desi�raee is hereby authorized to exec�te
and the City Secretary to attest a� Interfocal Agreernen� and an Amended Memarandum of
Understanding with Brazoria Drainage Distric# �lo. 4.
PASSED, APPROVED and Aa�PTED this the 14`" day of ,June, A.D., 2010.
�
T06�1 REI�
MAYOR
ATTEST:
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aARRIN M. COKE�
CITY ATT�RNEY
Exhibit "A"
Resolutic�n No. R201a-74
lI"�iTEIiL(?CAL AGREEI�ENT 13ET\�'EE1`�1
Ci I'Y �F �'CAI2LANI}
���D
SRAZ[IRIA DRAIN�GE DIST'RIC'T NQ. �4
Tl�is ,�1�GREEA�TENT is z��ade t�etr��een BI�Z(�RIA DRAII`�AGE DISTRICT Iti?�. =1 ("Dr.s�tr•icP�}
a1�►d the CITY CJF PEA,R.L.AND ("Cr1�r�'), each b�in� a gov�ernme�atal �r�tit}- ��ursuant to the Ti �e�as
In�erlocal C�c�peration �1ct. Chapter 791, Texas Go��e���lrneilt Code.
W��EREAS, tlle C it}° f�nds it necessary to COI1StI'L1Ci t�l� Hickr�ry Slc����l� Miti�ation Facilih
(``MiUgaiion Facilitv"�. The site for the Miti��tion Facilit}� is located ir� tlle C'it�� «�est of State
Hi�hway 3�. east af th� McHard Rc�a�£ �,verpass and is located ��it�lin anc� on the nort9l ��tnh of
Hickory Sl����h �ti-llich a� ll1lC1�P tllt �LlI'15C�1CtlOI1 of the Dr.s�ric��. A�7artio�l c3f tl�e ��Iiti�ation
Faeilit�� li�s o�l ��a'opert�� ii� �vliicll the C�t��� ll�lds tlle title, th� ren�ai��der of�the i�,��Yitigatio�l Facilit��
lies on prc�}�e��t�� it7 ti���hieh the Dislric°t d�fllds the title. '�'l�e �,�Iiti�ation Facility se�r��es t�E�ritc���y
located �iitl�in tl�e�tu�isdiction oi`�ach entity;
WHE�REAS. the co�lstruction of th6s Miti�atioi� Fficilit�� r�i11 pr��-ide flood�laui fil� miti�akion t'��'
iel�pro��enle�lts assac�ated ti��.��itl� t�7e `I�e:��as �7e��rti�lent of T��ai�s�7oz•tati�i7�s State �Ii�h�va5' 35
lmprovei�le��t I�rojeet, and ��ti�i16 beN�eiit boih tlYe C1tyr a�Id tl7e I?is�lr�rct; and �
WHEREAS, ta7e Crt�a has a�.reed to fund the de�si�ir. �;oi�struction, �n�i testiil� of tl�e Miti;�ati�n
Facility.
NOVJ, T�IERE�=[�R�, io�� tlle nlutual cai�sid�.r�tioi�, and covenants set fc���th t�elc���, thc E�ititics
a�ree �s ioll���s:
I. MITIGATION �=ACILI�r`i'
r�. C'rt5• anc� l�i.slric°t �i�rc� that Cit�� shall:
1. Prepare �1� e���in�erii�;.� plans and s�ecitic�tio�is for tlle il�Iitigat���n Facilit� .
?. Sul��l�it 60% and 90% co�istruction plaris �c� thi l�is•t��ict fc�r rc��ie«.
3. Obtai�ti �Il ��e�-ic«�s a�id appra�°a�s that m�y l�e �•zquireci ��y� al] tf7ircj parti�s.
i��c�ltidii��� �11 }7e� li���ls�s. eei��ilic�ttc��. etc. lleccss�ry f�r tiie desi���1,
construc��on, o�eratic�9y a17d m�ii�teii�.nce of the Ivliti�ation Fa�ilit�,�.
�l. Obt�ii�, in t��e I�i:��lrict 's natnc:_ a Ll�liteci States Ar������ C�rps c�f E����i�leers�
(US�C�} P�rmit for co�ystructio►� o� a E�ermane��t lo��� ���ater ceossi���� locateci
��itl�ii7 t�ie lin c�f Hick�r,� Sloeagl�.
�. Prepai•� a n-ritt��1 r�sp�tlse to ��1�' c������i7ents the 1�i.ti�ll�ict �u�►ilits �tirin� t11e
reve���� ��e�
�-tnn�_[��+� i �ia�svi
6. Rer�ie�t ai appro��e a�l desi�n anci cos�structic�n pian� anci specifacatoo►ls fpr
the Ivlitb�ation Facility.
7. Fub]isl7 tlle In��itatio�� to Bid an tlle loeal �a��r, conduct a pre-bid nl�etitig, and
receiw�e bic�s for the cans���uctioi� c�i�ik�e Miti�ati��l Facility.
8. � ab��late and ee�°ie��� all bids su��l��itted aald pre��are a recomr�le►idation to the
City Coii��cil [� �ti�-ai•d a cc�ntract a�ICi atathoi•ize tkiL Cit4' i��Iat�ager io exeerite
the contract.
9. Pro���id�. tktrou�l� tl�eir cot�tractar �i�dlor sub-co�ltractors, all cc�ti��ll�eia[.
n�ateri�l and Va�bor nee�ss�tr}� to constriic�t tl�e \�itigatior► Facilit}�
1(J. Prc���ide f�un�ialg fo�� oile htii7e(red perce�it { 1��%) of the c�ost� c�f ��ll
constrEictir�ri relatcd costs incl��dii�lg the coi�tracts for t�le Co�lstrt�c�i�n.
�onstruction Mana�en�ent c�; Inspectio��. a�ici Cot�sta���ctic�el I��IateriaC Testi�l�r
fe�r the i��iti�atiatl Facility. �
11. Ha��e t�le authorit}� to process a�15� C}�anae �r�de��s that ol�a�� be Taecessai
12. Recei��e the pati estii�lates froin tile cc�iitractor and �iyak� periodic pa��ments to
tll� CO11II'3Ct01`S.
13. ��llotivv tl�e ,�istl�ret a��d Dia�tl�rct '.s� i•e���eseniati��e's access to tlle ��litig�t�o�1
Faeility ��or rn�interlance ar7d ii�sp�ction.
B. C`rl}� ai7�i I�istl�iet a�re� that Di,s11°rct sl�all:
1. Revieti� tk�e 60% ��ic� 90% constructiotl pla«s ancf provide coiliniei�ts i�l «-i°itin�
to tlie Cif�� w�itlliii 1�4 days af recei��t. �
2. �p��rc�� e all c��istr•�icti�il �la�ls �nd sp�citi�ations for tl3e Nlite`��tioti Faeilit��.
�. Be resE�oilsiEile ���r niaintail�ir�� �om�lian�e ��ith �he USAC�. I'er�nit r��'ter
com��letion ot C0115fI'L1Ct1011 Ot t�l� lc��i ��-ater c�°ossin`� i��cated «ith�n Eii�kai•�
Slou�h. ��Iaii7tainin� eompliance shall inc�9�ede but 11ot he limite� t�� ��ayli�ent
of�ni� fee's that tlie USACE ma� im}�ose f'or Pern��i reole�aal or �tlle�•u�ise.
»�. t�llu��� tk�e C'it��, tl7e C_'r��•'s represeiitati��es. the C�t��'s� �:ooltractc�r a1���00�• it5 s�i�i-
�.�o��tractoi•s to acc�s� tfle Miti�: EitioFl Faeilit}� f��� construction_ m��iiitcnancc �er�d
insp�:�ti�n. ~
II. C7VVNERSIIIP, ��iAINT�I�BANC� ANI� (�P�;I�1�"I1U�I
r'-1. �I�h�: C'rtt' and Districr reco�nize. ur�dersta3�d �uE�d a��ree tf�at tl�� C`r1�• r�i�1d I�islrict sh�ll
b� cc� o�w����i•'s ot�tlYe ��iti�atian �=�cility upo�l its coil eacl� o�anii��� th� portir�iY
of th� iVlitigation Facilitr� �hat li�s ���� ��ro��ert;�- cura�entiv r�r��n�ci ��- �ach.
�mrxam�a��r,�vi
B. T�ie i�iaint���ailce an� operation of t61e Miii�ati�n Facility sli�l� �� ii1 accorda�7ce «�itti
tlle �mende�i Meritiorandtii�l of Understar7din� (MOU) hek���een tk�e City and tll�
I�rstr•ict. «�hich is attached hereto and ii�cai•porated l�erei�i �or a91 p«�pos�;s,
II I. TER�r�f
A. Tkle te�•it� �f this Agreenlent toi• ��tir��oses at� eoi�sti�t�ctiael shall he fc�r a peric�d t��o (? }
�r�ars. cc�i�ltjleticin� on tlle effect���e date reflected h�reiil aizd teri��i�iatiil� oil the samc
dav of the veai� 201? �nd shall be e�te�lded autc�maticall�� L�ntil cc�i�stcuctic�n of tt3e
I��itigatio�� �'acility is compleie.
B. T�le ter�n of this Agr�eilie�lt for p�irp�oses of ��1��intena��ce shall �� fo�r t11� ]ife �f the
Miti��tion Tacility and in aecorda�lce �� ith the MOU.
IV. P��IIS��;LL.�NE�US
A. C'il�� ait�i l?i��tric°t reco���ize ar�d ��,rce t�1at Di,st�•ict_ i�l perfor�iaai�ce of tB�is �a�r�e�llent.
sl�all aet as ara inciependent ca�ltractor aald shall l�ar�`e cont��ol of its o��n �ti-ark and tl
�na��iler in w�hich it is �erfornled and all �mplo}'�es of l�istric•t sliadl �'e�T���i�� I�islr�ic�t
ei��ployees a�1d shall n�t be consic�er�d agents, em�lc�yees_ ar borro�4ed ser��ants of the
Citt�.
I3. Crt7� a� Dl.s��•ict � ancl a�s tllat the C'r1��, in per�or�l3ai�ee of this A�r�en�ei�►t.
shal➢ act as an in�lepen�le�zt contractc�t' ai�c� sllall l�ave cc���trol �f its o���n ���c�rk a��d the
maniyer iiti ti��l7icil it is pertor�ned ar�d aVl ��ziplo��ees c�f tlie � sha[1 i�ei»aii� C`rtt�
en�ploy°ees and shall not be consi�ierec� a�ents. enlplayees. or i�ori•o��cci serr�ants of'
I�is�ti�ic�t.
C`. C'it�� and Drslr�ct reeognize a�lcf 3�ree xhat �vc+rk a��ci materials provic{ecl b�- Di.ti�1�•rc:1, i�l
accordai�ce u�it1� tl�is A�reeme�It. ��rc pro��i��d «�ithotit ���aro�a�7i�� oi� any �iaYd to the
Ci!}� c�r a�15 third partj', and «ork: and i�laterial� pd �iy t�ie C'itl�. ii1 accc,rda�lce
�r�itl� this ;��re�n�ent. are pro��ic�ed w��itl�out ��1}� ��.�at�i'aaZt�� of aGl�� ki��ci tc� 1�i.5��i•rc� or ���r�
third �aart��.
I). N�thii�� liec�iil shall be construzd to m�k� eith�er �art�,� �� plirchaser c�r consum�r of
�OI�C�S C)]` 5�1'\'1C�S �1'nEll l�l� Ot�l�l',
�. ��1(}' c111C� fl1.Sll'!C! S�li�ll �L17111�7��' 4'1'lt�l al� c1�7���1��1��Z ��i11'S. 1'��ll���t10115 i3i1� C�C�lll['�[11�11iS
in peric�ro7ya�lc� o9�tk��ir r�s��ectiti��: �bli�atiol�s� teilder this a�,ree►�itwit.
F. Cit�• �t�d I�i,s�11 ��ree to ��cqtii��e arid maintai�a t1�� mi���imu�i� limits e��l� in�urai���
reclQaired b}' la�� �end sutti�cic�lt [o co��ei tncll ��rt��'s per�fur7i�ai7c� Ni�r��i�x��r.
G. C'i�l� ancl Di.sfri�•� i�ec:o�.�i�ize Gii�c� a`�r•ee tk2at �lotl3in;� llerein shall be ec»}sti to create
ai��� ri�l�ts in thirc� ���rtics.
��aci��;_uii? � ��-a?sv�
H. City and District a�ree that ��o party� shall ha�e tlie rigl�t to seek i��demni�'ication or
contribt�t�on from at�y other party hereto for any losses, costs, expenses, or d�mages
directly or indirectly arising, in whole or part form tl�is A�reeil�e�7t.
I. Wherlever possible, eack� pr�wisioii of this agreeinent shall be interpreted in such a
nlamler as to be effective a�Id valid under applicable 1����, but if any section,
subsectioii, paragraph, sentence, clause, phrase, work or pai of this Ag�•eement is,
for any reason, held invalid ut�coi�stitutional or otherwase uriea�fo�•ceable by at�y court
of cornpetent jurisdiction, such portion sllall be dee�i�ed a separate, distinct, and
independent provision and such holdi�ig sl�all not affect the validity of th� rer�lai��ing
pca�tions thereof.
J. The Ri�hts and Obligations of this A�,reen�ent sllall not be assigned t�zt�aout prior
wt•itten Gonsent of the Crty and �istrict.
K. This Agreetalent may only be amerlded, modified, or supplen�ented an writing and
subsequentl}r sigi7e� ancfi dated by t�1e C'iry, as acted upoi� by it� C�ty Council and t�le
District, as acted upo�i by its Board of Cor�3missiot�ers.
L. This Agreement and all obligations created llereunder shall be performable iii B1•azorya
County, Texas
Each person signicl� �,elo�v represents tl�at he or she has read this A�reei�lent bn its entirety,
including any and all attachn�ei�ts and exhibits, understands its tet•n1s, is duly a�it��orized tQ
execut� fihis Agreement on behalf of tile party ind�cated by his or her nam� below and agrees o�n
behaif of said party that the party wi�l be botynd b}� t�lese teilns.
SIGNED and ENTERED this 14`�' day of,�une, 2010.
i?RAcIN.�E DISTR�CT N[l. �
r " � � �����
k3r•en�ian, C��air�nan
ATTEST:
I�athy ells, •eetcar of Admin�strative Services
GITY � � P RLANI�
Bill isen, City �Ian�ger
Exhibit "Q"
Resolution Na. R2(�10-74
:�1IE'�DED iIE�[ORAtiDL'�� OF li`I)ERST,��DItiG
BET'��'EE�
BRaZO�I.� DR.�I`,�GE DiSTI2�CT i�0 �:�.�iD CITI" OF PE.�RL��iD
FOR DR.a1�,1.GE REGtiL:�.TION
T'his �,�[emc�i��ind�rin ot Uncl�i�sta��din�: ("NIOU"') is �at�d �nd e��fect�ti�e as of the day last
si��i�ci ��;' the partics h�a'etc�, �RAZ�7RI��. DR_=�I�'A�E I�ISTF�.ICT NC�. �, actin�, by arld throu�h
it� Chaii ("Dist� and the CI�'�i' OF �Er'�RL���`�iD. TE�.S, actin�� by' an thro�tr�h it
�riayor, { `
RECIT:�►LS
��'HERE��,S, Cit7� a�1c�l Di.st��ic�t, �s lc�c�l ��oti�eQivnenta� eiitiCies, are audhoa tc� �nter inte�
thi� �-IC�U for the prc�visi�cr �t ��o���nianent�l fiinctions and s�n-ie�s, purs�r�tn[ to Cttapter 791 of
the Texa� G���e�nrnent Co�dc; ��zd
4Vf-dEREAS, Cit1 is � htnne rul�: �nt�ryicipal c��p�rzitiarn pri�naril}�' 1ac�t�d �w•ithin the
b��unc�lari�s of Di�t�`iet and Braz�ria Countv: ac3d
`VHERE�aS, C'rh� i5 �n���c�t� �s'eci to re�_>ulate th� suhdi� isi��n of land �� itl7in its corpot-ate
t���tindaries and its area of e�trate« and
«�'HEREAS, �'rt7� i� eenpo�� erecl acic�pt reasc�nable rtiles and ref_=ulatic�ns �ro�'ei plats
and t�le sul�cii�� asioz� of lantl: and � � �
`�G'HERE.�.S, no ]and }��itliin Crt3• or its �ae �f cttrate��•itc��'ial j«risdictii�n m�y l�e
sut�tii�'ided ur�le5s anci u�ltil a pla� of s�zch su�c�ivisiE�n has bc:en appro� eci by Cin : and
`�'r�'HERE�,S, Cit� i� em���u«er�d to �rct as Flc�odplai» �c�niinistratc�r, or� beilalt ��f the
Fede� E�lier�en�v VI��n��Fenzent ,�dminiytr�ti�►a ("FE:bL�' in �dt��ti«�,,r anr� �G�fc�c'cin�
r�:-�ula�ie�z7s c�e;i��ned tc� i�linimize flot�d l��sses; and �
t��HEREA5, C'�t�� t'ecl�ii�'ea, �s a �t�nditi�n �f �Li��di� i;ic,z� a,lat a��pQ�o��al, ct,m�lianc� 14�ith
a,���lie�ak�,1e i nn�� �'e�ulation� of Cit�� rc�atii�g to flo��d����in ma�la�,����T�en� ar�ct flooci �
��°e�•enti�a«; and � .
'Gti'HERE�S, D'r.;�t�•ict, a co�nset �t�cl r�cl���lati�iti �listrict, ti��as created aald e�ists foi
t11e pui uf reclantf�tiun �nd ctr��ina��e c�f floot��c� lancis �nd �t4�er 143�icts n���lin� �r3in��re
���itliitt �istr�ct: f�nd �
4`1%HERE,�,S, D�istj°ict is pri��3arily 1�,c7ted ��,�ithin tIze 4<?rpor�tt� E���uiic�a�ies of� Cit�� 1��it➢�in
Bi-azoria Countv: and
t�'HEIZE�S, is� further�nce of Dist;�ict '.;• pui Di:st� is e�npo���ered tc� acc�tiire,
cr�nstnict, ir��pr����, �o�d n�lintain i`acilitie� nec�ss�i�- to c�ny o�it its ma�ldate�l pui�c�sc, and
��'HE�E.�'�S, Crt�� aird I�ist��rc�t h��=e �sta€,il��t�eci similar dr�si���i�e crite�ria a���i re�tilations.
in e,i�cl�r tt� �) assure tE�at ci�� ���ithin their ove��lap�ii7g j�u��sc3ictiorss does nc�t ei��ewn��ent
aheir res�ecti��e t1o��dplain manl�fea�ient �tnd flood dar�l��� pre��c;ntic�n �l�n�, b} establish
consisterit ��plic�tic�n. �;) sitt�p]ifY �ompliance, �ncl d} a�.�o�d �anflicts in the joint admini�trati�n
of saici dr�ina,be �ritzri� and r'e�i��Eations ti� itlli�l their o4�e��lap�i»�� jurisdic[ions; anti
�i�'HEREAS, it is t��� desire ot Citt' ancl I�fstrict t11at p�rsons seekin�j 1p�rc�� �� ithin the
averi�ppin�� j��risdictic�ns of Ci�:• anci Dr.�•trict f�a� {1) sub�ti��isic�n ��1at or r�pLat, {�) pr�pci tl��t
�a��e b�en rezonect t�� a l�i�ller �Zin-off ce,etfieient or lancl use ty'pe, �r (3) cie�'elc���i�ent� �sil an
existi��Q site ��.�h��lf i��cr�ase iulp�n��ic�us cover, ��e require�l to cc?m�ly �vith Crti� 's ar�d Clistr�ict 's
c�raina«e �► anci � ta pre��ent ne�v d��'el��pme��t frun� ne;ratiuely irs���aeti�t� existin�
�ai and struct�z aiid
'���HERE:'1S, Crr�� anci Di:sr, desire tu a�Yl�ncl t11e i�[emorancil�s�� of� Und�rstandina
bet���een C`itl% ac�ci Distr darteci Febni7r}r �8, _'[l[l] irl ocd�i to specify tlie roles �� each party
related t� Cirr�'.4• Cc�en�an st�bdi�,�isiot� d►-�in��e improvement project.
l'�'HEREr�5. Crtt' �aiid District desire to am�nc! tile �Iemc�rand�irn of Understan�in,
k�c:trz Cit�� anc3 I�r.itt•ict dated June ?�, ?004 in �rder tc� s�ecify� tt�e ro@es �t' each p�riy relatec�
ko the Citv's B�til�}' Rc�ad EY�at�si�an ak Cc��tai��s Crezk, Veteran's Detention Facilit}� at ivlary's
Cr�ek, Co���art`s Creek Di��ersion Dit�;h and Detenti�n F�cility and the West i1�1ary"s Creek
Detentio� �aciliri- .
���'HEEZ�.�S, Cin' and f�rstri�t �lesire t� �nie�id tllc 1�Ie�ilc�randu�n af U�nd�:rstandin�
beni een Crt�� �nd Di.st�•ict d�Cec� �ctc�ber 16, �O(l7 �a� order t� s��ecif��- ti7e roles Q� e�ach pat�y
i to the Citr°'s E�st tvlary"s �reek �egiona] Detention �aciliry.
1�VHERE:�S, City az�d Distr•ict desir to amend tiie i1ler�ior�nduni of linderstai�c�ing
bcri�ceri Crt►> and D�stt•iet c3�ted 1larch 3, 2�0� in order to specif}� tlie roles of e�ch �art�
relateci to the Cit��'s Cow�a��t's Cr�ek Deten�io�f Po�td, C�ear Creek Dete►ttio�t Poxtci,
�I�gnolia l2oad �Outfall Cha�ytiel, To�s'n T}itct�, �Cullen I)etent'ion �o�id, aiid H�ckor;� Slaug,h
1�Iikiga�io�� Facilitti�,
NO��L°' THEREFO'�E, Crtti� anci Dfstr a;�d•�e as f�flc����s:
l. Ci1i> �nd L�r.y�tr-ic�t ati,rec: to joiYltly eoc�pez and administ�r tt�eir re�pective elrain��e
�;riteriGt and rr:�rtelatiotis, im��o,eci upc�n a�l �r��perty� anrl de� eiopnlent lc�eatcd «ithin tllzii
�vei juri�c�iction� �vktich pro�ase to dis�l7�r,� 5torm ���atc� int� a Cin� c�s� Di.ttt�rct outf�lL
ta�ility, in ai� effort to }�roi�i��tG 3nd }�r�tect ��tiblic ]tealtl�, safery anci «�elfai }�y �t�iniillizin�
public anc$ privat� l�ss�s resultin�, ti floa�c� c�ncli[ions,
?. Di.�t��re•r a;,r«, to re� ie�t. �1�Zd «here ��arrantee�, a��?rc»;G and a�cc��t �ny anci �ll d�
�1�3n; sut��iliti��i t�� Di.��t��ic�t pertairlin�� to r�al pr���ert��° anr3 cievel�pmeo�t co��stru�:ted «�itl7in �ny
�
1«d all subc�ivisions �ocat�:ct ���i�17in Citr's� Exta ,lurisdi�t�ion ("�TJ") n�ithin 17istrrct's�
j�.acisdi��tian, incluciin� l�tit noC lirt�ited t� tl�e sul�di�'ts�ions c�t Si�� er Lak�, Soaizh���yck, S�utlicfla���n,
Countv Place ancl t^titi�al�n Terrac� ii1 �ccorc�lartcz �.��ith E�hibits ".4" and "B'� �tt�ch�;d hereto and
incor��orated herein foe all puip�scs, �nd i�3 accorci�nc� «-ith Drstl�ict '.s Rules. R��ulations �::
Guic�elit�es attac}Iec� f�eeeto t��� ref�:rei�ce,
3. Cit�� and L�rst��ict re�o�nize a►ad a�ree th�t District shall, in cooper�tion e��ith Brazc�ria
Cuunty, res i��v, a��d «�►izre �� �trraclted, a}?pro� � and a�ce�t ai�ti' anc� all subcli� isi�n plats
stil�mittecl tc, I�ist�•ict pertainin4� t�� real prc�perty anc� cie� zls�p�alent constr��ete�3 «�itf�i�� Citi� `s ETJ
���ithin Distl�ict'.s jt�u in ac�;c�rd��n�e ti���ith �xk�i�it "B' anci i1� acc�rcl�irce �.1�ith 1'�rst�
Ru1es, Re;;ulatic�3ls a►7d G4iicleline5 attached h�retc� by refer�n�,e.
4. Prior to Citi''s appro�.al of �n��� ancl �Il subditi�isiQn p�lat� f�or �roperty� Ir�c�t�d ��'ithitl Cin�'s
i�luor����'aC��l lir�lits ��°ithiri I�Istr•ic°t'sjiu��sdiction, Citr a;,ree� to cause to b� submitt2d to 1�ist�
f�i revie�i- and canttt�e�at. s�ici plats r����rciin�� compli�ncz �� ith Dist�•ict's Flc�od Protectic�n Plara
anej R��l�s, Re�4ul�tioiia �C Guicielines to instu�e ci�c�i�ation �f adequatc dr�iila��e and aeGess
easements �lon�� Dist� dr�rin��=e fa�ilities, inclucii�l� but no lir��it��i to its e���nr��Cs. creeks and
tt�ibutai-ies, in accorc�ance �4ith Drstl�ict's Ruies, Re�rulations � Gui�ielines, simi�ar to the
p�'aeeciur� fol[a�� by Cit�� r��arciinu utility cam�anies.
�. Cin� a�rees to require �11 �ier�elo�ers c+f ��rc��erty, adjac�nt to 3 cli�ait�a47e �aeilic�' �G�ithin
Disti-ict °s jtin and rnaintained b,y Drstl�rc�t, to desi�rnate, l�y p93t, di•ai�l��e �r1d acces�
easements f��a �zse �iy Di.��t��ic°t in aceessin�� �nd maint�ainin� �ts drair�age €acilities, in a��corcianee
sti ith the p�c respeeti��e cirai��age criteria and re�ul�ti�ns. Sztici easements must ve fi at'
��?si�zicti�,n. mc�tc�r vehic;le accessi'�lz and ab�e to accoinmo�ate I�rstrict '.s ec�ui�uient. i.ocati�n
of said eas�nients sl��tll be ��aut�aally a�reec{ u�o�� by Cin' and Dis•trict, ��p�n consultatior► ���itk�
cie��elap�r dua �he �lattiny larocess.
6. C'itl� zt�a t� m�kt atiail�ble t�7r District's r���ietit� ai�d copyi�tr, a�i� arit� �tll 1
�aertainir�� k� prQp�oseci dc;velop�t��t�C ���ithin their ow�erl���in� juriadicti�n�s fc�r pu�pos�d of
m��r�it��ring c��nplian�� �r�itlz ,�rs�t��ict's Rul�s, Re��ul�ti�rls a�d Guiclelines.
7. Cih- �nel Distr�ict re�:zti�.�nize and a�sree tltat liistc�rieally_ Di.��tr�ict ��as maintainecB tl��e
dr�in��e f��cilities listed taelc��,�� lcacat�d upon propertti� ir� u�hieh Crtr� h�IrJs t��z fee or easenl�nt
int�rest. Crtt� h�ret,}r �rants f�istl�ict conti�ltied �ccess ta tflese clr•�tizta�e faci�it�e� fuo n7ttiilten�nc�
of the saine and 1�ist�-ic�t hereb�,r a�rees tc� continue m�intenai�c� of s�id fa�iliti��� in accc�r�danc�
��-itl� tlie parties «nttl��l ��nderstt�itdin�s:
�t) [�iteh ��. 1f�3-QU-{�(}, ma� co�3lmc�nlv luro�ti�n as Dis��t1;��S�tte�r�st DitLlt;
b) I7itch =.� 10-L-�1C�-�}�}, �n��re cor��n�ianiti� knc7��,�n aa B�� Rc�se D�tc}l:
tj Dit�:h -.� 10-�-00-Q0, m��i c��c��mc�nly kno��n as Re�eaicy Park Qitch;
d) Dit�h �B 1�76-C1L1-��, moq c�n�mr�nlv l�lo���n �s Fast�r�lek Dit�ll
8. '��`ith re��ard to t1�e Cc�n Subdi� ision clrain�;xe in7E���o� e�taznts, Citl� and Dislrict a��ree:
3
�) The I�i.�t� �t�ill �:oi�tin�i� to e��r�n ���nd ��iaintain th� eristin� ditcl� = B 1 1 G-�U-0O. m�,rz
cc�mmonlG� kno���n �s C�rriUan Diitch.
b) Th� Distr�c� int�n�s to trag�sfe� o���nershi� �f the e�i�stin�x Corri��arl Det�sation Pund to
��it7•.
c] Crt7• k��s ���c�uireci l�r�d t�ir the C��'i�ran bypass tiikch, alsc� l�io����n as Hatfiel�l I7i�ch,
��nd ���ill �etaii� ��«�n�r5hi� of �3id land.
d) Distt•ic�t �� ill nl��� tk�e Hatfield I�itct and the �on Deter�ti�n Pc��tc�.
e) Crn• d��ill otivn, operat�, ailci m�i�lt�in tlie Hattielci I]it��:f�, the Carri���n L�eten�ian Pond
and ap�urter��i�ces.
�� T1�e Corriy7an Det�ntic�n Pond �� ill b� c�nsti by Cit�- «ith =�:1 sitl� slopes and a
��-t0(7€ 111E11I1[�ri�1riCZ llZl'ltl.
9. 4�'ith re���'ci tc� the Bailey� R�ad E�p�nsio�l at Ca�.��art's Creek, �'eceran's Detention
F��il�ty at i��[a1 Creek, Con�T�rt's Creek D��,�ersic�n Ditcl� and I7etenti�� Fzcility, the 1�Vest
��Iary's Cree� D�t�:e�tic�il Facility (")��tentic�n Facilities"), th� Cih and �istr•ict a�ree:
a} T17e Citi� r� ill o�� n t�ie Detention F'aciliti�s (inclutii«� the Cu��-art`s Creek Di�,��rsi�n
Ditc}�).
b} The l7i.st��rct ��'ill p��aintai,� the Detentian Faciiiti�s anci Di��ersic��� Ditch �E}�on tlleir
c�rnpCeti��n; slid a»ai�tten�tnce res�o�isibilities �` ill consist of mo�� in� and repairs
i��tlated to th� ouCkall sti si�le slt��e, ���tes, fen�es, pi1Qt chann�ls, back �1c�pe
di�arns, et�.
c} The Citi �� mairttain tlle disch�r�=e:'intake stnlcnrre� ft7r tlle D�t�ntis�n Faciiiti�s,
incl�ic�ini7, but �IOt Aimitecl Eo. val�es, screeris, etc.
d) Tlie Cit�� ���ill assu�li� �ll E�pe�•at�a��l responsibi�itie�� for tl�e I]e��ntion Facilities.
10. ti�'itli r��ard Co t�7e Ens't `v(�� Cre�k I7etention Facility ("Detenti�n Fa�ility). the Cift�
and Distl�ict a�r�e:
a) The Citi «�ill o�vn thc Qetentic��i Facilitie�. Tl�e Ci�t• ���ill o�� n 1?5-�c-ft e�t the
l�i}rdr�Rilie stor�ge c�p�city ai�d th� Di.st� ����ill o�v 7� 3c-ft.
b) T�ie Dists�ict ����iLl t���iniain the I7etentioE� Facility upon its� cc�n�pletion; �aid
nlaintenaTice responsil�ilities w �11 consist �f �n«��°in� a�YCI E relatec� tc, tlie o«tfall
stili�tures. side slo�e, ��atcs, fences. pilot cliannels, bac� sl�pe drains, et�.
c�) The Citr «� ill iYlaint�ti�1 tlle d�sciyar�e'inta[:� �tiu�nires for tlle D�.tentio�i Flcilit�c�.
d) The �rt�� �� ili assldt»e �ll E�peratic�n�l re�pc�nsibif i���s for the ��tenti��n �acilities.
1 l. �►'4�it1� r to tl�e CQ�� art's Creek Dete��tion Pond, Clear �reek Dete��tion Pp�i�l,
1Cullen I)etentio�y Pa�rd, Ala�nolia �Qnd �Outfall Ct�annel a�yd To�s�n Ditch ("Detentiotr
Farilities, Chaaiuel anr� Ditcla") tlie Crtl' a�id L1rst�•iet agree:
a) Tt�e C`i�^ r���ill o�� tl�c Detention F�cilities, �CI��Y�rrtic! �nc� Ditcti.
b� Tlie Distf•ict �� ���rainta�n tlie Dete�kiou Facilities, Cly�nt�el ai�t� D�t�la. Said
II1:1141CCIiAl1CC SPli11I incletde }�ut �iof k�c lirt�ited tc� tTip'�r�a�� �ttd rep<lirs �'e�:ate�l to
tl�e autf.�ll structures, �ide slo�es, ��tes, fer�ces, p�lot chattuels, and bach sltipe
cirains.
�
c)
d)
The City ���ill maintai�i the discix�rge/int�ke strueture� for the Detent�on
Facilities, Chasi�el and Ditch. Said triaiutenance shall include, but not be limited
to, valves and screens.
The Citv ivill assume all operational responsibilities for the Detentian Facilities,
Channel and Ditc�a.
12. �,'�'ith reg�rd to khe Hickor�,� Staugl� �Iitig�tion Facil�ty { f �lYlltlbHtlOCl Faci�ity"), tl�e
City� and Dist1•ict agree:
a) The Cit�� «�ill o►v�n the portio� of the 1Titigation Facility tbat lies on Cr�� property
as recorded in the Of#icinl Public Records of Brazoria Couutr�� Doc. #2005-
035689, a�d the Drstrict Fvidl o�►�'n tt�e portion of the 1�Iiti;ation F�cilitti� that lies
on Distr•ict property as recorded in the Official P�blic Records of Brazoria
County� Doc# 200902154?.
b} 'The Dist1•ict ►��ill maintain the 1��it�g�tian Facility upon its eompletion. Said
ma�ntenance shall inctude but not be limixed �o ma«�ing and repairs retated to
th+e side slopes, gates, fences; and lo��� ►�°ater crossi�tg.
13. Distt�ict 's Engineer is hereby desi�n�tecl as the naturll person selected by I�istrict ta lead,
direct and coordinate Dis�t��ict's work in accaxdance +�t°ith t}�is IvIOU.
1�4. City'.�� En4ineer is hereby designated as the rtatural persan selecteci 6y City to leaci, direct
and coordinate City's wvork in accordance w�ith this MOU.
/ i'F�
l�. The ternl of thbs IVIOU shall be far a period of �ve (5) years, comrnencina on ttie lp
day �,�(�L'� , 2010. This MOU sh�ll atiftornatic�lly rene��� at t�t� eYpiration of said term
and shall cantin«e to renewv there�fter in fve {5) year increments unless eitlzer �arty gives the
other par�y ninety� {90) day's written tiotice ot its des�r� to ternlina�e this MOU.
lb. This A�reement may only be an�ended, modifi�d, or supplements in �vriting and
subsequ�ntly signed and dated by Cih-, as act�ci upan by its Ciry Caua�cil and Dist� as aczed
upon �y its Buard of Directors.
17. Ciry and Dist� reco�nize and aQree tliat this IVIOU is not in any �vay intended to limit,
alter or redu�;e tt�e express or implied authanry, ri`hts or obli�ation af eixher party as reflected in
tl�eir respeetive drainaae criteria znci re��u6ations or any other applicabl� la��f, b�t rather is
intended to further clarify and reflect the p�rties' muhial understandings ii1 jointly administering
their respective tiraina�e criteria and reQulatians.
S
I�F �VITNESS �VHEREQF, th�s MOU is e:�ecuted on behalf of City and I]ist�-ict by their
respective authorized affcers, in m«ltiple counter�ac each c�f ��'I��c}� is to cotlstitute an ori4inal,
pu� to the pric+r authorization of the ;o��zrnin4 bodies of the r'espective parkies actin, it� duiy
posed ancl nvticed open publac meetina of the respecti<<e �o� bo�iies on the dates recit�d in
the si�nature blocks below. y
CITSc' OF PEARLA , S
� __
Tom eid, N��yor
Date: June 1 4, 2 01 0
ATTEST:
BRAZORIA ' -
By: �
Jeff . Br
Date: u
.ATTES'T:
I1'�1.4GE 3�ISTRIC�' NO. 4
Cliairman
C� � �
Cin� A�tc�rney
r
A OVED AS TC) FOR�:
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Exhibit "A"
Resolution No. R2010 -74
INTERLOCAL AGREEMENT BETWEEN
CITY OF PEARLAND
AND
BRAZORIA DRAINAGE DISTRICT NO.4
This AGREEMENT is made between BRAZORIA DRAINAGE DISTRICT NO. 4 "District
and the CITY OF PEARLAND "City"), each being a governmental entity pursuant to the Texas
Interlocal Cooperation Act, Chapter 791, Texas Government Code.
WHEREAS, the City finds it necessary to construct the Hickory Slough Mitigation Facility
"Mitigation Facility The site for the Mitigation Facility is located in the City west of State
Highway 35, cast of the McHard Road overpass and is located within and on the north bank of
Hickory Slough which is under the jurisdiction of the District. A portion of the Mitigation
Facility lies on property in which the City holds the title, the remainder of the Mitigation Facility
lies on property in which the District holds the title. The Mitigation Facility serves territory
located within the jurisdiction of each entity;
WHEREAS, the construction of this Mitigation Facility will provide floodplain fill mitigation for
improvements associated with the Texas Department of Transportation's State Highway 35
Improvement Project, and will benefit both the City and the District; and
WHEREAS, the City has agreed to fund the design, construction, and testing of the Mitigation
Facility.
NOW, THEREFORE, for the mutual consideration, and covenants set forth below, the Entities
agree as follows:
1. MITIGATION FACILITY
A. City and District agree that City shall:
1. Prepare all engineering plans and specifications for the Mitigation Facility.
2. Submit 60% and 90% construction plans to the District for review.
3. Obtain all reviews and approvals that may be required by all third parties,
including all permits, licenses, certificates, etc. necessary for the design,
construction, operation and maintenance of the Mitigation Facility.
4. Obtain, in the District's name, a United States Army Corps of Engineers'
(USAGE) Permit for construction of a permanent low water crossing located
within the limits of Hickory Slough.
5. Prepare a written response to any comments the District submits during the
review period.
94093-002 131438 V 1
6, Review and approve all design and construction plans and specifications for
the Mitigation Facility.
7. Publish the Invitation to Bid in the local paper, conduct a pre -bid meeting, and
receive bids for the construction of the Mitigation Facility.
Tabulate and review all bids submitted and prepare a recommendation to the
City Council to award a contract and authorize the City Manager to execute
the contract.
9. Provide, through their contractor and /or sub contractors, all equipment,
material and labor necessary to construct the Mitigation Facility.
10. Provide funding for one hundred percent (100 of the costs of all
construction related costs including the contracts for the Construction,
Construction Management Inspection, and Construction Material Testing
for the Mitigation Facility.
11. Have the authority to process any Change Orders that may be necessary.
12. Receive the pay estimates from the contractor and make periodic payments to
the contractors,
13. Allow the District and District's representative's access to the Mitigation
Facility for maintenance and inspection.
B. Ch)) and District agree that District shall:
1. Review the 60% and 90% construction plans and provide comments in writing
to the City within 14 days of receipt.
2. Approve all construction plans and specifications for the Mitigation Facility.
3. Be responsible for maintaining compliance with the USACE Permit after
completion of construction of the low water crossing located within Hickory
Slough. Maintaining compliance shall include but not be limited to payment
of any fee's that the USAGE may impose for Permit renewal or otherwise.
4. Allow the City, the City's representatives, the City's contractor and/or its sub-
contractors to access the Mitigation Facility for construction, maintenance and
inspection,
11. OWNERSHIP, MAINTENANCE AND OPERATION
A. The City and District recognize, understand and agree that the City and District shall
be co owner's of the Mitigation Facility upon its completion, each owning the portion
of the Mitigation Facility that lies on property currently owned by each.
94093 -402 131438VI
B. The maintenance and operation of the Mitigation Facility shall be in accordance with
the Amended Memorandum of Understanding (MOU) between the City and the
District, which is attached hereto and incorporated herein for all purposes.
III. TERM
A. The ferm of this Agreement for purposes of construction shall be for a period two (2)
years, commencing on the effective date reflected herein and terminating on the same
day of the year 2012 and shall be extended automatically until construction of the
Mitigation Facility is complete.
B. The term of this Agreement for purposes of maintenance shall be for the life of the
Mitigation Facility and in accordance with the MOU.
IV. MISCELLANEOUS
A. City and District recognize and agree that District, in performance of this agreement,
shall act as an independent contractor and shall have control of its own work and the
manner in which it is performed and all employees of District shall remain District
employees and shall not be considered agents, employees, or borrowed servants of the
City.
B. City and District recognize and agree that the City, in performance of this Agreement,
shall act as an independent contractor and shall have control of its own work and the
manner in which it is performed and all employees of the City shall remain City
employees and shall not be considered agents, employees, or borrowed servants of
District.
C. City and District recognize and agree that work and materials provided by District, in
accordance with this Agreement, are provided without warranty of any kind to the
City or any third party, and work and materials provided by the City, in accordance
with this Agreement, are provided without any warranty of any kind to District or any
third party.
D. Nothing herein shall be construed to make either party a purchaser or consumer of
goods or services from the other.
E. City and District shall comply with all applicable laws, regulations and requirements
in performance of their respective obligations under this agreement.
F. City and District agree to acquire and maintain the minimum limits of insurance
required by law and sufficient to cover each party's performance hereunder.
G. City and District recognize and agree that nothing herein shall be construed to create
any rights in third parties.
94093.002 1 3I438V 1
H. City and District agree that no party shall have the right to seek indemnification or
contribution from any other party hereto for any losses, costs, expenses, or damages
directly or indirectly arising, in whole or part form this Agreement.
I. Whenever possible, each provision of this agreement shall be interpreted in such a
planner as to be effective and valid under applicable law, but if any section,
subsection, paragraph, sentence, clause, phrase, work or portion of this Agreement is,
for any reason, held invalid unconstitutional or otherwise unenforceable by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
J, The Rights and Obligations of this Agreement shall not be assigned without prior
written consent of the City and District.
K. This Agreement may only be amended, modified, or supplemented in writing and
subsequently signed and dated by the City, as acted upon by its City Council and the
District, as acted upon by its Board of Commissioners.
L. This Agreement and all obligations created hereunder shall be performable in Brazoria
County, Texas
Each person signing below represents that lie or she has read this Agreement in its entirety,
including any and all attachments and exhibits, understands its terms, is duly authorized to
execute this Agreement on behalf of the party indicated by his or her name below and agrees on
behalf of said party that the party will be bound by these terms.
SIGNED and ENTERED this 14` day of June, 2010.
DRAJAAGE DISTRICT NO.4
Brennan, Chairman
ATTES
Katln Wells, D ctor of Administrative Services
CITY F PERLAND
Y.�
Bill Eisen, City Manager
REFLYTO
ATIE"ON OR
Evaluation Section
DEPARTMENT OF THE ARMY
GALVESTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1229
GALVESTON TX 77553 -1229
March 21, 2011
SUBJECT: Permit No. SWG- 2010 00758; Nationwide Permit Verification
Mr. Mike Yost
Brazoria County Drainage District No. 4
4313 West Broadway
Pearland, Texas 77581
Dear Mr. Yost:
1
You may proceed with construction of a low water crossing, as shown on the project plans
dated August 30, 2010, provided that the activity complies with the enclosed Nationwide Permit
(NWP) General/Regional Conditions. Also, please be aware of the enclosed Texas Commission
on Environmental Quality's Best Management Practice Guidelines. The project site is located in
Hickory Slough, west of Main Street, north of McHard Road, and east of Mykawa Road, in
Pearland, Brazoria County, Texas. Copies of the plans in 7 sheets are enclosed.
Nationwide Permit 13 authorizes bank stabilization procedures necessary for erosion
protection. No material shall be placed in any special aquatic site, including wetlands, unless
this criterion is waived in writing by the district engineer.
Nationwide Permit 14 authorizes activities required for the construction, expansion,
modification, or improvement of linear transportation crossings in waters of the United States
(U.S.), including wetlands.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing
NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is
incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice
when the NWPs are reissued. Furthermore, if you commence or are under contract to commence
this activity before the date that the relevant NWP is modified or revoked, you will have
12 months from the date of the modification or revocation of the NWP to complete the activity
under the present terms and conditions of this NWP.
This letter is based on a preliminary jurisdictional determination (JD) for your subject site. if
you wish, you may request an approved JD (which may be appealed), by submitting a written
request to us within 30 days from the date of this letter. Please note that if you request an
approved JD and then decide to appeal it, the appeal will not be accepted if any work has started
in waters of the U.S. or that would alter the hydrology of waters of the U.S.
-2-
Please let us know when you complete your project by returning the enclosed pre addressed
postcard. If you have any questions concerning this matter, please contact
Ms. Arianne Logwood at the letterhead address or by telephone at 409 766 -3086.
To assist us in improving our service to you, please complete the survey found at
http: /per2.nwp.usace.army.mil /survey
Sincerely,
At //C
M. Hudson
Central Evaluation Unit
Enclosures
Copy Furnished:
Mr. Mark Frazee
S B Infrastructure, Ltd.
3535 Sage Road
Houston, Texas 77056
Compliance Certificate
I, hereby certify that the work authorized by Department
of the Army permit �1 i>w located in `L. r L_ County/parislr
was performed in accordance with the project plans, and the terms and conditions of
QJCt
the permit. The authorized work and -the uiod- n4tigatiorrwere completed as of
(date)
Signature of Per iittee 1 (date)
U.S. Army Corps of Engineers, Galveston District
P.O. Box 1221, Galveston, Texas 77553.1229
(409j 766 -3930
NO POSTAGE
NECESSARY
IF MAILED
IN THE'.
0NITED STATES
BUSINESS REPLY MAIL
FIRST -CLASS MAIL PERMIT N4.929 CALVESTON TX
A'M. PE_R POSTAGE WILL BE PAID BY A00FIES5fl$
US ARMY ENGINEER DISTRICT, GALVES Y'ON
PO BOX 1229
GALVESTON TX 77553 -1229
PPDAAI'[TDnM earn
City of Peariand
SWG- 209 0 -00758
30 August 2010
Pape 2 of 7
LEGEND
Brazoria County
Harris County
Low Water Cross €ng
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SITE C EXHIBIT MA
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F for the State Hwy. 35 Project
COP Project Number: F50991
Brazoria County, Texas
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ATTACHMENT'
WATSR 11ES AT WFERENT SI'CES)
SWe:Texas County: Brazona City: Peariaritl
Center coordinates of site (lait/iong in degree decimal format):
::I_at. 29.5830 0N, Long. 05.2885 °W.
Universal Transverse Mercator NAD,83 (meters):
Zone 15, Eastrng:2783.36, Northing:` 8274770
Name of nearest wateroody: Hickory Slough
Identify (esti.mate) amount of waters in the review area:
Non wetland waters: linear feet: width (ft) and/or 0.75 acres.
Cowaedin. Class:
Stream Flow: Perennial
Wetlands``Q.46 acres.
Cowardin Class: Palustrine
Name.'of anywater bodies on the site that have been identified as Section
10 waters:
Tidal:
Non-Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY)'
.Office (Desk) Determination. Date: 9 March 2011
Field Determination. Date(s):
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to request
and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this preliminary
JD has declined to exercise the option to obtain an approved JD in this instance
and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring
°pre-construction notification" (PCN), or requests verification for a non-reporting
NWP' or othpr general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is. hereby made award of the
following: (1) the permit applicant has elected to soek a permit authorization based
on a preliminary JD, which does not make an official determination of jurisdictional
waters; (2) that the applicant has the option to request an approved JD before
accepting the terms and conditions of_the permit authorization, and that basing a
permit authorization on an approved JD could possibly result in less compensatory
mitigation being required or different special conditions; (3) that the applicant has
the right to request an individual permit rather than accepting the terms and
conditions of the NWP or other general permit authorization; (4) that the applicant
can accept a permit authorization and thereby agree to comply with _all the terms
and conditions of that permit, including whatever mitigation requirements the Corps
has determined to be necessary; (5) that undertaking any activity in reliance upon
the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD
will be processed as soon as is practicable; (6) accepting a permit authorization
(e.g., signing a proffered individual permit) or undertaking any activity in reliance
on any form of Corps permit authorization based on a preliminaryJD constitutes
agreernent that all wetlands and other water bodies on the site affected In any way
by that activity are jurisdictional waters of the United States, and precludes any
challenge to s::inch jurisdiction in any administrative or judicial compliance or
enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an approved JD or a preliminary JD, that
JD will be processed as soon as is practicable. Further, an approved JD, a
proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R.
Part 331, and that in any administrative appeal, Jurisdictional issues can be raised
(see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes
necessary to make an official determination whether jurisdiction exists over a
site, or to provide an official delineation of jurisdictional waters on the site, the
Corps will provide an approved JD to accomplish that result, as soon as is
practicable.
This preliminary JD finds that there "maybe" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
2
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: Wetland Delineation Report, 22 February 2011.
Data sheets prepared /submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets /delineation report.
Office does not concur with data sheets /delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas: West Galveston Bay 12040204.
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale quad name: Pearland, Texas
1:24,000.
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name: Pearland, Texas.
State /Local wetland inventory map(s):
FEMA/FIRM maps :48039C00351.
100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of
1929)
Photographs: Aerial (Name Date): 2009 Infrared.
or Other (Name Date):
Previous determination(s). File no. and date of response letter:
Other information (please specify):
IMPORTANT NOTE: The Information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
iater jurisdictional determinations.
LE:::�
Signature and date of
Regulatory Project Manager
(REQUIRED)
C119111 -Ws)
Signa�Cfrand da`fe of
person requesting preliminary JD
(REQUIRED, unless obtaining the
signature is impracticable)
3
Eatlmated
am ®unfi of
Class of
Siteowardin
number
Latitude
Lon gitudequatIG
Class
aquatic
resource in
resource
review area
Hickory
29.5830 °N
95.2886 °W
Riparian
0.75 acres
Section 404
Slough
RpW
Wetland
29.5830 °N
-95.2891
Palustrine
0.46 acres
Section 404
9
nontidal we tland
Nationwide Permit General Conditions
The following general conditions most be followed in order for any authorization by an NWP to be valid=
Navigation,
(a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety tights and signals prescribed by the U.S. Coast Guard through regulations or otherwise must
be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the
United States.
(c) The perrnittee understands and agrees that if future operations by the United States require the removal,
relocation, or other alteration of the structure or work herein authorized or it, in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice
from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby without expense to the United States. No claim shall be made against the United States on
account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of
aquatic life indigenous to the waterbody including those species that normally migrate through the area unless the
activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow
conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable, Activities that result in the physical destruction (e.g,, through excavation, fill, or downstream smothering by
substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory biro
must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations unless the activity is directly relatec
to a shellfish harvesting activity authorized by NVVPs 4 and 48.
6, Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt. etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Cfean Water
Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake except where the activity is for IN
repair or improvement of public water supply intake structures or adjacent bank stabilization.
8 Adverse Effects From Impoundnients, If the activity creates an impoundment of water, adverse effects to the aquatic
system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent
practicable.
9. Management of Water Flows. To the Maximum extent practicable, the preconstruction course, condition, capacity, and
location of open waters must be maintained for each activity including strearn channelization and storm water
management activities except as provided below. The activity must be constructed to withstand expected high flows. The
activity must not restrict or impede the passage of normal or high flows unless the primary purpose of the activity is to
impound water or manage high flows. The activity may after the preconstruction course, condition, capacity, and location
of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or focal fioodplain
management requirements.
11. Equipment, Heavy equipment working in wetlands or mudflats must be placed on mats or other measures must be taken
to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in
effective operating condition during construction and all exposed soil and other fills as well as any work below the
ordinary high water mark or high tide tine must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low -flow or ¢10-flow
13 Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned tc
preconstruction elevations. The affected areas must be revegelated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained including maintenance to ensure
public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System or in a
river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an officia
study status unless the appropriate federal agency with direct management responsibility for such river has determined in
writing that the proposed activity will not' adversely affect the Wild and Scenic River designation or study status.
Information on Wild and Scenic Rivers may be obtained from the appropriate federal land management agency in the area
(e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service),
16. Tribal Rights. No activity or its operation may impair reserved tribal rights including, but not limited to, reserved water
rights and treaty fishing and hunting rights.
17. Endangered Species.
(a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed for. such designation as identified under the
Federal Endangered Species Act (ESA) or which will destroy or adversely modify the critical habitat of
such species. No activity is authorized under any NWP which "may affect" a listed species or critical
habitat unless Section 7 consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA.
Federal permittees must provide the district engineer with the appropriate documentation to demonstrate
compliance with those requirements.
(c) Nonfederal permittees shall notify the district engineer if any listed species or designated critical habitat
might be affected or is in the vicinity of the project or if the project is Iodated in designated critical habitat
and shall not begin work on the activity until notified by the district engineer that the requirements of the
ESA have been satisfied and that the activity is authorized. For activities that might affect federally
listed endangered or threatened species or designated critical habitat, the preconstruction notification
must include the name(s) of the endangered or threatened species that may be affected by the proposed
work or that utilize the designated critical habitat that may be affected by the proposed work. The district
engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed
species and designated critical habitat and will notify the nonfederal applicant of the Corps'
determination within 45 days of receipt of a complete preconstruction notification. In cases where the
nonfederal applicant has identified listed species or critical habitat that might be affected or is in the
vicinity of the project and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification the proposed activities will have "no effect" on listed species or critical habitat, or
until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add
species specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered
species as defined under the ESA, In the absence of separate authorization (e.g., an ESA Section 10
Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, both
lethal and non lethal "takes" of protected species are in violation of the ESA. Information on the location
of threatened and endangered species and their critical habitat can be obtained directly from the offices
of the FWS and NMFS or their World. Wide Web pages at htta: 11wyyyV.fws. ovl and
l tttA .//�vww.noaa.govlfisheries.html respectively.
16_ Historic Properties.
(a) in cases where the district engineer determines that the activity may affect properties listed or eligible for
listing in the National Register of Historic Places, the activity is not authorized until the requirements of
Section 106 of the National Historic preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of Section
106 of the National Historic Preservation Act, f=ederal permittees must provide the district engineer with
the appropriate documentation to demonstrate compliance with those requirements.
(c) Nonfederal permittees must submit a preconstruction notification to the district engineer if the authorized
activity may 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. For such activities, the preconstruction notification must state which
historic properties may be affected by the proposed work or include a vicinity map indicating the location
of the historic properties or the potential for the presence of historic properties. Assistance regarding
information on the location of or potential for the presence of historic resources can be sought from the
State Historic Preservation Officer or Tribal Historic Preservation Officer as appropriate and the National
Register of Historic Places (see 33 CFR 330A(g)). The district engineer shall make a reasonable and
good -faith effort to carry out appropriate identification efforts which may include background research,
consultation, oral history interviews, sample field investigation, and field survey. Based on the
information submitted and these efforts, the district engineer shall determine whether the proposed
activity has the potential to cause an effect on the historic properties. Where the nonfederal applicant
has identified historic properties which the activity may have the potential to cause effects and so notified
the Corps, the nonfederal applicant shall not begin the activity until notified by the district engineer either
that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has
been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-
construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is
not required when the Corps determines that the activity does not have the potential to cause effects on
historic properties (see 36 CFR 800.3(a)). If NHPA section 106 consultation is required and will occur,
the district engineer will notify the nonfederal applicant that he or she cannot begin work until Section
106 consultation is completed.
(e) Prospective permlttees should be aware that section 110k of the NHPA (16 USC 470h -2(k)) prevents the
Corps from granting a permit or other assistance to an applicant who, with intent to avoid the
requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic
property to which the permit would relate or, having legal power to prevent it, allowed such significant
adverse effect to Occur unless the Corps, after consultation with the Advisory Council on Historic
Preservation (ACHP), determines that circumstances justify granting such assistance despite the
adverse effect created or permitted by the applicant. if circumstances justify granting the assistance, the
Corps is required to notify the ACHP and provide documentation specifying the circumstances,
explaining the degree of damage to the integrity of any historic properties affected, and proposed
mitigation. This documentation must include any views obtained from the applicant, SHPO /THPO,
appropriate Indian tribes if the undertaking Occurs on or affects historic properties on tribal lands or
affects properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include, NOAA designated marine sanctuaries, Natioi
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 distri
engineerafter notice and opportunity for public comment. The district engineer may also designate additional critical
resource waters after notice and opportunity for comment.
(a) 0ischar6es of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12,
14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any activity within or directly affecting critical
resource waters including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required
in accordance with general condition 27 for any activity proposed in the designated critical resource
waters including wetlands adjacent to those waters. The district engineer may authorize activities under
these NWPs only after i# is determined that the impacts to the critical resource waters will be no more
than minimal.
20. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable
mitigation necessary to ensure that adverse effects on the aquatic environment are minimal
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary
and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e.,
on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to
the extent necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that
exceed 110 acre and require preconstruction notification unless the district engineer determines in
writing that some other form of mitigation would be more environmentally appropriate and provides a
project specific waiver of this requirement. For wetland losses of 1 110 acre or less that require
preconstruction notification, the district engineer may determine on a case -by -case basis that
Compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the
aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, wetland restoration should be the first compensatory mitigation option considered.
-(d) For losses of streams or other open waters that require preconstrucOn notification, the district engineer
may require compensatory mitigation such as stream restoration to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of
the NWPs. For example, If an NWP has an acreage limit of acre, it cannot be used to authorize any
project resulting in the loss of greater than acre of waters of the united States, even if compensatory
mitigation is provided that replaces or restores some of the lost waters. However, compensatory
mitigation can and should be used, as necessary, to ensure that a project already meeting the
established acreage limits also satisfies the minimal impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a
requirement for the establishment, maintenance, and legal protection (e.g., conservation easements) of riparian
areas next to open waters. in some cases, riparian areas may be the only compensatory mitigation required.
Riparian areas should consist of native species. The width of the required riparian area will address documented
water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side
of the stream, but the district engineer may require slightly wider riparian areas to address documented water
quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the district
engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands
compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian
areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may
waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements, or separate activity
specific compensatory mitigation. In all cases, the mitigation provisions will specify the party responsible
for accomplishing and /or complying with the mitigation plan.
(h) Where certain functions and services of waters of the United States are permanently adversely affected,
such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently
maintained utility line right -of -way, mitigation may be required to reduce the adverse effects of the project
to the minimal level.
21. Water Quality. Where States and authorized Tribes or EPA where applicable have not previously certified compliance of
an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR
330.4(c)). The district engineer or state or tribe may require additional water quality management measures to ensure
that tl7e authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone
management consistency concurrence, an individual state coastal zone management consistency concurrence must be
obtained or a presumption of concurrence must occur (see 33 CFR 330.4(d)), The district engineer or a state may require
additional measures to ensure that the authorized. activity is consistent with state coastal zone management
requirements.
23. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been
added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps, state,
Indian tribe, or EPA in its section 401 Water Quality Certification or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited
except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit
the NWP with the highest specified acreage limit. For example, if a road crossing over tidal water is constructed under
NWP 14 with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United
States for the total project cannot exceed 113 acrd.
25. Transfer of Nationwide Permit Verifications, If the permittee sells the property associated with a nationwide permit
verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the
appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner($) of the property. To validate
the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below,"
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received an NWP verification from the Corps must submit a signed
certification regarding the completed work and any required mitigation, The certif €cat€on form must be forwarded by the
Corps with the NWP verification letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP authorization, including any
general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Preconstruction Notification.
(a) Timing. Where required by the terms of the NWP, 'the prospective permittee must notify the district
engineer by submitting a preconstruction notification (PCN) as early as possible, The district engineer
must determine if the PCN is complete within 30 calendar days of the date of.receipt and, as a general
rule, will request additional information necessary to make the PCN complete only once, However, if the
Prospective permittee does not provide all of the requested information, then district engineer will notify
the prospective permittee that the PCN is still incomplete and the PCN review process will not commence
until all of the requested inforinalion has been received by the district engineer. The prospective
permittee shall not begin the activity.
(1) Until 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) If 45 calendar days have passed from the district engineer's receipt of the complete PCN and the
prospective permittee has not received written notice from the district or division engineer.
However, if the permittee was required to notify the Corps pursuant to general condition 17 that
listed species or critical habitat might be affected or in the vicinity of the project, or to notify the
Corps pursuant to general condition 18 that the activity may have the potential to cause effects to
historic properties, the permittee cannot begin the activity until receiving written notification from
the Corps that 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 (see
33 CFR 330.4(1)) and/or Section 906 of the National Historic Preservation (see 33 CFR 330,4(g))
is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permillee has received
written approval from the Corps. if the proposed activity requires a written waiver to exceed
specified limits of an NWP, the permittee cannot begin the activity until the district engineer issues
the waiver. if the district or division engineer notifies the permittee in writing that an individual
permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot
begin the activity until an individual permit has been obtained. Subsequently, the perm €ttee's right
to proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Preconstruction Notification: The PCN must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental
effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used
or intended to be used to authorize any part of the proposed project or any related activity. The
description should be sufficiently detailed to allow the district engineer to determine that the adverse
effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches
should be provided when necessary to show that the activity complies with the terms of the NWP
(sketches usually clarify the project and when provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the United States
on the project site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and
other maters of the United States, but there may be a delay if the Corps does the delineation,
especially if the project site is large or contains many waters of the United Stales. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is
required, the prospective permittee must submit a statement describing how the mitigation
requirement will be satisfied. As an alternative, the prospective permittee may submit a'
conceptual or detailed mitigation plan.
(6). If any listed species or designated critical habitat might be affected or is in the vicinity of the
project, or if fhe project is located in designated critical habitat, for nonfederal applicants the PCN
must include the name(s) of those endangered or threatened species that might be affected by the
proposed work or utilize the designated critical habitat that may be affected by the proposed work.
Federal applicants must provide documentation demonstrating compliance with the Endangered
Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible for listing on,
or potentially eligible for listing on, the National Register of Historic Places, for nonfederal
applicants the PGN must state which historic property may be affected by the proposed work or
include a vicinity map indicating the location of the historic property. Federal applicants must
provide documentation demonstrating compliance with Section 106 of the National Historic
Preservation Act.
(c) Form of Preconstruction Notification: The standard individual permit application form (Form ENG 4345)
may be used, but the completed application form must clearly indicate that it is a PCN and must include
all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter
containing the required information may also be used.
(d) Agency Coordination:
(1) The district engineer will consider any comments from Federal and state agencies concerning the
proposed activity's compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal level.
(2) For all NWP 48 activities requiring preconstruction notification and for other NWP activities
requiring preconstruction notification'to the district engineer that result in the loss of greater than
1110 acre of waters of the United States, the district engineer will immediately provide (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy of the PCN to the
appropriate Federal or state offices (U.S. FWS, state oaturai resource or water quality agency,
EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO),
and, if appropriate, the NMFS). With the exception of NWP 37; these agencies will then have 10
calendar days from the date the material is transmitted to telephone or fax the district engineer
notice that they intend to provide substantive, site specific comments. If so contacted by an
agency, the district engineer will wait an additional 15 calendar days before making a decision on
the preconstruction notification. The district engineer will fully consider agency comments
received within the specified time frame, but will provide no response to the resource agency,
except as provided below_ The district engineer will indicate in the administrative record
associated with each preconstruction notification that the resource agencies' concerns were
considered. For NWP 37, the emergency watershed protection and rehabilitation activity may
proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of
property or economic hardship will occur The district engineer will consider any comments
received to decide whether the NWP 37 authorization should be modified, suspended, or revoked
in accordance with the procedures at 33 CFR 330.5.
(3) in cases of where the prospective permittee is not a Feder @l agency, the district engineer will provide a
response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation
recommendations, as required by Section 305(b)(4)(B) of the Magnuson Stevens Fishery Conservation
and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of preconstruction notifications to
expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report
within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP 4yill result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. If the proposed
activity requires a PCN and will result in a foss of greater than 1 010 acre of wetlands, the prospective
permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory
mitigation for projects with smaller impacts. The district engineer will consider any proposed
compensatory mitigation the applicant has included in the proposal in determining whether the net
adverse environmental effects to the aquatic environment of the proposed work are minimal. The
compensatory mitigation proposal may be either conceptual or detailed, if the district engineer
determines that the activity complies with the terms and conditions of the NWP and that the adverse
effects on the aquatic environment are minimal, after considering mitigation, the district engineer will
notify the permittee and include any conditions the district engineer deems necessary. The district
engineer must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district
engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer
must review the plan within 45 calendar days of receiving a complete PCN and determine whether the
proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. if
the net adverse effects of the project on the aquatic environment (after consideration of the
compensatory mitigation proposal) are determined by the district engineer to be minimal, the district
engineer will provide a timely written response to the applicant. The response will state that the project
can proceed under the terms and conditions of the NWP. If the district engineer determines that the
adverse effects of the proposed work are more than minimal, then the district engineer will notify the
applicanl either:
(1) That the project does not qualify for authorization under the NWP and instruct the applicant on the
procedures to seek authorization under an individual permit;
(2) That the project is authorized under the NWP subject to the applicant's submission of a mitigation
plan that would reduce the adverse effects on the aquatic environment to the minimal level; or
(3) That the project is authorized under the NWP with specific modifications or conditions. Where the
district engineer determines that mitigation is required to ensure no more than minimal adverse
effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN
period. The authorizatior) will include the necessary conceptual or specific mitigation or a
requirement that the applicant submit a mitigation plan that would reduce the adverse effects on
the aquatic environment to the minimal level. When mitigation is required, no work in waters of
the United States may occur until the district engineer has approved a specific mitigation plan.
28. Single and Complete Project. The activity.must be a single and complete project. The same NWP cannot be
used more than once for the same single and complete project.
August 23, 2007
NATIONWIDE PERMIT REGIONAL CONDITIONS
FOR THE STATE OF TEXAS
The followi regional conditions annly within the entire State of Texas;
1. Compensatory mitigation is required at a minimum one for -one ratio for all special
aquatic site losses 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.
2. For all discharges proposed for authorization under nationwide permits (NWP) 3, 6,
7, 12, 14, 18, 19, 25, 27, 29, 39, 40, 41, 42, 43, and 44, into the following habitat types or
specific areas, the applicant shall notify the appropriate District Engineer in accordance
with the NWP General Condition 27. The Corps will coordinate with the resource
agencies as specified. in NWP General Condition 27(d). The habitat types or areas are:
a. Wetlands, typically referred to as pitcher plant bogs, that are characterized by an
organic surface soil layer and include vegetation such as pitcher plants Sarracenia sp.),
sundews Drosera sp.), and sphagnum moss Spha num sp.).
b. Bald Cypress Tupelo Swamps: Wetlands comprised predominantly of bald
cypress trees Taxodium distichum and water tupelo trees Qjyssa aauatica that are
occasionally or regularly flooded by fresh water. Common associates include red maple
Acer rubrum swamp privet Forestiera acuminata ,green ash Fraxinus pennsylvanica
and water elm lanera a uatica Associated herbaceous species include lizard's tail
Saururus cernuus water mermaid weed Proserpinaca spp.), buttonbush Cenhalanthus
occidentalio and smartweed (Poly og num spp.). (Eyre, F. H. Forest Cover Types of the
United States and Canada. 1980. Society of American Foresters, 5400 Grosvenor Lane,
Bethesda, Maryland 20814 -2198. Library of Congress Catalog Card No. 80- 54185)
3. For all activities proposed for authorization under nationwide permit (NWP) 12 that
involve mechanized land clearing in a forested wetland, the applicant must submit a pre
construction notification to the appropriate District Engineer in accordance with the NWP
General Condition 27 prior to commencing the activity.
4. For all activities proposed for authorization under nationwide permit (NWP) 16, the
applicant must submit a pre construction notification to the appropriate District Engineer
in accordance with the NWP General Condition 27, and work cannot begin under NWP
16 until the permittee has received written approval ftom the Corps.
NWP Regional Conditions, Texas.
August 23, 2007
The followin regional conditions apply only within the Fort Worth District in the
State of Texas
5. For all discharges proposed for authorization under nationwide permits (NWPs) 3, 6,
7, 12, 14, 18, 19, 25, 27, 29, 39, 40, 41, 42, 43, and 44, into the area of Caddo Lake
within Texas that is designated as a "Wetland of International Importance" under the
Ramsar Convention, the applicant shall notify the Fort Worth District Engineer in
accordance with the NWP General Condition 27. The Corps will coordinate with the
resource agencies as specified m NWP General Condition 27(d).
6, For all discharges proposed for authorization under nationwide permit (NWP) 43 that
occur in forested wetlands, the applicant shall notify the Fort Worth District Engineer in
accordance with the NWP General Condition 27.
7. For all discharges proposed for authorization under any nationwide permit in Dallas,
Denton, and Tarrant Counties that are within the study area of the "Final Regional
Environmental Impact Statement (EIS), Trinity River and Tributaries" (May 1986), the
applicant shall meet the criteria and follow the guidelines specified in Section III of the
Record of Decision for the Regional EIS, including the hydraulic impact requirements. A
copy of these guidelines is available upon request from the Fort Worth District and at the
District website www.swf.usace.arm .mil (select "Permits
The following regional conditions apply only within the Galveston District in the
State of Texas
8. Nationwide permit 12 shall not be used to authorize discharges within 500 feet of a
seagrass bed or oyster reef.
9. Nationwide permit (NWP) 6 shall not be used to authorize 3 -D seismic test
discharges conducted within tidal waters of the United States within the coastal zone of
Texas. For all 3 -D seismic test discharges conducted within non -tidal waters of the
United States within the coastal zone of Texas pursuant to NWP 6, the applicant shall
notify the District Engineer in accordance with the NWP General Condition 27.
10. For all discharges exceeding 10 cubic yards below the plane of the ordinary high
water mark or the high tide line proposed into special aquatic sites, including wetlands,
under nationwide permit (NWP) 6, the applicant shall notify the Galveston District
Engineer in accordance with the NWP General Condition 27. The pre construction
notificAtion must state the time period for which the temporary f 11 is proposed, and must
include a restoration plan for the special aquatic sites.
11. Nationwide permits 6, 7, 12,13, 14, 18, 19, 25, 29, 39, 40, 41, 42, 43, 44, 46, and 48
shall not be used to authorize discharges into the following waters of the United States
within the coastal zone of Texas: Mangrove marshes, wetlands within the Texas Gulf
Coastal Plain that are occasionally or regularly flooded by brackish or saline water and
V,
NWP Regional Conditions, Texas.
August 23, 2007
have more than 40 percent cover by woody plants. The dominant woody species in this
environment is the black mangrove Avicennia germinans with a dominant herbaceous
species component of smooth cordgrass Snartina alterniflora (Preliminary Guide to
Wetlands of the Gulf Coastal Plain. 1978. Technical Report U.S. Army Engineer
Waterways Experiment Station: Y -78 -5. P.O. Box 631, Vicksburg, Miss. 39180.)
12. Nationwide permits 6, 7, 12, 13, 14, 15, 17, 18, 19, 22, 25, 29, 30, 31, 32, 33, 36, 37,
39, 40, 41, 42, 43, 44, 45, 46, and 48 shall not be used to authorize discharges into the
following waters of the United States within the coastal zone of Texas: Coastal Dune
Swales, "wetlands and other waters of the United States that are formed as depressions
within and among multiple beach ridge barriers, dune complexes, or dune areas adjacent
to beaches fronting the tidal waters of the Gulf of Mexico and adjacent to the tidal waters
of bays and estuaries. Coastal dune swales are generally comprised either of
impermeable muds that act as reservoirs which collect precipitation or of groundwater
nourished wetlands in sandy soils. As such, they generally have a high fresh to brackish
water table. Vegetation species characteristically found in coastal dune swales include
but are not limited to marshhay cordgrass Spartina ap tens gulfdune paspalum
Pasnalum monostachygm bulrush (Scx�rpus spp.), seashore paspalum Pasnalum
va ing_atum common reed (Phr___agmites australis groundsel bush Baccharis halimifolia
rattlebush Sesbania drummondii) camphor weed luchea cam smartweed
Rqlygonurn spp.), water hyssop Bacon monnieri cattail (!Ypha spp.), umbrella sedge
Cyprus spp.), softrush Junous spp.), sedge Carex spp.), beakrush (Rhynchospora
spp.), frog -fruit Qhx1a spp.), duckweed Lemna spp), buttonweed Diodia virginiana
mist flower Eupatorium coelestinum) creeping spotflower Acmella ppnositifolia var.
re ens pennywort (Hydrocoty—le spp.), and bushy bluestem (Andropogon glomeratu s
(U.S. Fish and Wildlife Service, Houston, Texas, and the Texas General Land Office,
Austin, Texas).
13. For all discharges and work proposed in tidal waters under nationwide permits
(NWPs) 14 and 1S, the applicant shall notify the Galveston District Engineer in
accordance with the NWP General Condition 27, The Corps will coordinate with the
National Marine Fisheries Service in accordance with NWP General Condition 27(d).
3
e'
Texas Commission on Environmental Quality
401 'Water Quality Certification Conditions for Nationwide permits
Attachment 1
Below are the 401 water quality certification conditions the Texas Commission on Environmental Quality
(TCBQ) added to the March 12, 2007 issuance of Nationwide_ Permits (NW), as described in the Federal
Register (Part 11, Vol. 67, No. 10, pages 2020- 2095),
Additional information regarding these conditions, including descriptions of the best management practices
(BMPs), can be obtained from the TCEQ by contacting the 401 Coordinator, MC -150, P.O. Box 13087,
Austin, Texas 78711 -3087 or from the appropriate U.S. Army Corps of Engineers district office.
1. Erosion Control
Disturbed areas must be stabilized to prevent the introduction ofsediment to adjacent wetlands or-water bodies
during wet weather conditions (erosion). At least one of the following BMPs must be maintained and remain
in place until the area has been stabilized for NWPs 3, 6, 7,12,13, 14, 15, 17, 18, 19, 21, 22, 25, 27,.29, 30,
31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49, and 50. If the applicant does not choose one of fhe
BMPs listed, an individual 401 certification is required.
o Temporary, Vegetation
o Mulch
o Interceptor Swale
o Erosion Control Compost
o Blankets/Matting
o Sod
o Diversion Dike
o Mulch Filter Berms and Socks
o Compost Filter Beans and Socks
111. Sedimentation Control
Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies by the use
of BMPs to confuse sediment. Dredged material shall be placed in such•a manner that prevents sediment
runoff into water in the state, including wetlands. Water bodies can be isolated by the use of one or more of
the required BMPs identified for sedimentation control. These BMP's must be maintained and remain in place
until the dredged material is stabilized. At least one ofthe following BMPs must be maintained and remain in
place until the, area has been stabilized forNWl'S 3, 6, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31,
32, 33, 36, 37, 38, 39, 40, 41, 42; 43, 44, 45, 46, 47, 49, and 50. If the applicarit does not choose one of the
BMPs-lisied, an individual 401 certification is required.
o Sand Bag Bean
o Silt Fence
o 'Triangular Filter Dike
o Rock Berm
o Hay Bale Dike
o Brush Berms
Revised April I3, 2007 Page I of
401 Water Quality Certification Conditions for Nationivide Permits
Page 2
o' Stono Outlet Sediment Traps
o Erosion Control Corzipost
o Compost Filter Berins and Socks
TIT. Post Const ruction TSS Control
o Sediment Basins
o Mulch Filter Berms and Socks
After construction has been completed and the site is stabilized, total suspended solids (TSS) loadings shall be
controlled by at least one ofthe following BNTs for NWPs 12, 14, 17, 18, 21; 29, 31, 36, 39, 40, 41, 42, 44,
45, 49, and 50. If the applicant sloes not choose one of the BMPs listed, an individual 401 certification is
required. Runoff from bridge decks has been exempted from the requirement •for post construction TSS
controls.
o R6tention/lydgation Systems
o Extended Detention Basin
P Vegetative Filter Strips
o Grassy Svrales
o Erosion Control Compost
o Compost Filter Berms and Socks
o Constructed Wetlands
o Wet Basins
o Vegetation lined drainage ditches
o Sand Filter Systems
o Mulch Filter Berms and Socks
o Sedimentation Chambers*
Only to be used when there is no space available for other approved BMPs
TV. NWP 16: Return Water from Upland Contained Dls oral Areas
Effluent from an upland contained disposal area shall not exceed a TSS concentration of 340 mg/f, unless
a site specific TSS limit, or a site specific curve for turbidity (nephelometdo turbidity units
(NT.U)) versus (TSS) has been approved by TCEQ.
V. NWP 29, 39, 40, and 42.43
The Cos will copy the TCEQ on all authorizations for impacts of greater than 300 linear feet of intermittent
and ephemeral-streams.
VI. NWT 13 and 41
The Corps will copy the TCEQ on *all authorizations for impacts greater than 540 linear feefi in length of
ephemeral, intermittent, perennial streams or drainage ditches.
Revised April 13,2007 Paget o£3
t
i
401 Water Quality Certification Conditions for Nationwide Permits
Page 3
YII. NPVP 36
The Corps will copy the TCEQ on all authorizations for discharges greater than the 50 cubic yard limit or boat
ramps greater than 20 feet in width.
VIII. NWPs 71.2 14 15 17 18 19 22 25 29 30,31,32,33,36,37,39,40,41.42,43
These NWPs are not authorized for use in coastal dune swales in Texas.
a
i
i
1
Revised April 13, 21}07
Page 3 or3
Conditions of Section 401 Certification for Nationwide permits and General Conditions
General Condition 12 Soil Erosion and Sediment Controls
Erosion control and sediment control 13MPs described in Attachment I are required with
the use of this general condition. If the applicant does not choose one of the BMPs listed
in Attachment 1, an individual 401 certification is required,
General Condition 21 (Water Quality)
post- construction total suspended solids (TSS) 13Ws described. in Attachment I are
required with the use of this general condition, If the applicant does not choose one of
the BMP's listed in Attachment 1, an individual 401 certification is required. Bridge
deck runoff is exempt from this requirement,
General Condition 20 iti ation
Mitigation will be required for streams and special aquatic sites, such as pools /riffles,
seagrass, and nmdflats, that will adequately compensate for their functions and values
unless the Corps provides aproject- specific waiver of thus requirement. The U.S. Army
Corps of Engineers will copy the TCEQ on all mitigation waivers sent to applicants.
M sI3 29 39 4041 42 43
The U.S. Arnny Corps of Engineers will copy ,the TCEQ on all written approvals of
waivers for impacts to ephemeral, intermittent orperennial streams.
'NWPs 7 12 14 15 17 18 19 22 25 29 30 31 32 33 35 37 39 40,
0 41 42 43 44
45.46
These N"s are not authorized for use in coastal dune swales in Texas.
Mq 3 aintenance
Soil Erosion and Sediment Controls under General Condition 12 are required.
MP 6 Survo Activities
Soil Erosion and Sediment Controls under General Qndition 12 are required.
NWI' 7 Outfall Structures and Associated Intake Structures
Soil Erosion and Sediment Controls under General Condition 12 are required,
NWP 12 (Utility Line Activities
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
construction TSS controls under General Condition 21 are required,
NWP 13 Bank Stabilization
Soil Erosion and Sediment Controls under General Condition 12 are inquired.
NWP 14 Linear Transportation Projects
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
construction TSS controls under General Condition 21 are required,
NWP 15 (U.S. Coast Guard Approved Bridges
Soil Erosion and Sediment Controls under General Condition 12 are required:
NWP 16 eturn Water From U land Contained Disposal Areas
Activities that would be regulated under Standard Industrial Classification (SIC) codes
1442 and 1446 (industrial and construction sand and.gravel mining) are not eligible
this NWP. Effluent from _an upland contained disposal area shall not exceed a TSS
concentration of 300 mg/L unless a site speck TSS limit, or a site specific correlation
curve for turbidity (nephelometric turbidity units (NTU)) versus (TSS) has been approved
by TCEQ.
NWP 17 (Hydropower Projects
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
constructiou TSS controls under General Condition 21 are required.
NWP 18 (Minor Dischar es)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
construction TSS controls under General Condition. 21 -are required-
MU 19 (Minor Dred 'n
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 21 Surface Coal Mining Operations)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
construction TSS controls under General Condition 21 are required.
NWP 22 Removal of Vessels
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 25 Structural Dischar es
Soil Erosion and Sediment Controls under General Condition 12 are required,
NWP 27 A uatic Habitat Restoration Establishment and Enhancement Activities)'
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 29 esidential Developments)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
construction TSS controls under General Condition 21 are required.
NWP 30 oist Soil Management for Wildlifo
Soil Erosion and Sediment Controls under General Condition 12 are required,
NWP 31 fflainten ance of Existing Flood Control Facilities
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
construction TSS controls under General Condition 21 are required.
NWP 32 Cohn leted Enforcement Actions
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 33 (Temporky Construction Access and Dewaterin
-Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 36 {Boat Ramps)
The U.S. Army Corps of Engineers will copy the TCEQ on all written waivers for
discharges greater than the 50 cubic yard limit or boat ramps greater than 20 feet in
width. Soil Erosion and Sediment Controls under General Condition 12 are required:
Post construction TSS controls under General Condition 21 are required.
NWP 37 nergency Watershed Protection and Rehabilitation
Soil Erosion and Sediment Controls under General Condition 12.are required.
NWP 38 Cleanup of Hazardous_ and Toxic Waste)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 39 Commercial and Institutional Developments
Soil Erosion and Sediment Controls under General Condition 12 are required, Post
construction TSS controls under General Condition 21 are required.
NWP 40 A cultural Activities
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
construction TSS controls under General Condition 21 are required.
NWP 41 (Reshaping Existing Drainage bitches
The area impacted by the sidecasting should not exceed 3 acres or 1500 linear feet. For
purposes of calculating the threshold, one acre of impact is considered equal to 500 linear
feet of impact, Soil Erosion and Sediment Controls under General Condition 12 are
required. Post construction TSS controls under General Condition 21 are required,
NWP 42 (Recreational Facilities
Soil Erosion and Sediment Controls under General Condition 12 are required. Post-
construction TSS controls under General Condition 21 arc required.
NWP 43 Stormwater Management Facilities
Soil Erosion and Sediment Controls under General Condition 12 are—required.
NWP 44 (Mining Activities
Soil Erosion and Sediment Controls under General Condition 12 are required, Post
construction TSS controls under General Condition 21 are required,
NWP 45 (Repair of U Iands Damaged b Discrete Fvegs
Soil Erosion and Sediment Controls under General Condition 12 are required. Post
construction TSS controls under General Condition 21 are required,
NWP 46 (DischargLsn Ditches)
The area impacted by discharges in ditches should not exceed 1500 linear feet. Soil
Erosion and Sediment Controls under General Condition 12 are required.
1
NWP 47 i aline Safety Program Deli gated Time Sensitive. Inspections .and Re airs
Soil Erosion and Sediment Controls under General Condition 12 are required.
N6VP 49 Coal Remining Activities
Soil Erosion and Sediment Controls under Genera? Condition 12 are required. post
construction TSS controls under General Condition 21 are required,
MWT 59JUnderground Coal Mining Activities
Soil Erosion and Sediment Controls under General Condition 12 are required. post
construction TSS controls under General Condition 21 are -required.
r
t-
3
Table I
Reference to Nationwide Permits Best Management Practices Requirements
MVP
Permit Description
Erosion Control
Sediment Control
Post
Construction
TSS
i
Aids to Navigation
2
Structures in Artificial Canals
x
x
3
Maintenance
4
Fish and Wildlife Harvesting,
Enhancement and Attraction Devices
and Activities
5
Scientific Measurement Devices
x
x
6
Survey Activities
x
x
7
Outfall Structures and Associated
Intake Structures
8
Oil and Gas Structures on the Outer
Continental Shelf
9
Structures in Fleeting and Anchorage
Areas
10
Mooring Buoys
11
Temporary Recreational Structures
x
x
x
12
Utility Line Activities
X
x
13
Bank Stabilization
x
x
x
14
Linear Transportation Projects
x
x
15
U.S. Coast Guard Approved Bridges
16
Return Water From Upland Contained
Disposal Areas
x
x
x
17
Hydropower Projects
x
x
x
18
Minor Discharges
x
X
19
Minor Dredging
20
Oil Spill Cleanup
x
x
x
21
Surface Coal Mining Operations
x
x
22
Removal of Vessels
23
Approved Categorical Exclusions
Revised Aptil 2, 2007
Page t of 3
Table I
Reference to Nationwide Permits Best Management Practices Requirements
NWP
Permit Description
Erosion Control Sediment Control'
Post
26
[Reserved]
Construction
27
TSS
24
Indian Tribe or State Administered
Section 404 Programs
X x
vv
�•uyauui .vauibyJ
26
[Reserved]
27
Aquatic Habitat Restoration,
X
X
Establishment, and Enhancement
Activities
28
Modifications of Existing Marinas
29
Residential Developments
x
X
x
30
Moist Soil Management for Wildlife
X
X
31
Maintenance of Existing blood
x
x
x
Control Facilities
32
Completed Enforcement Actions
x
x
33
Temporary Construction, Access and
X
X
DeNvatering
34
Cranberry Production Activities
35
Maintenance Dredging of Existing
Basins
36
Boat Ramps
x
x
x
37
Emergency Watershed Protection and.
x
x
Rehabilitation
38
Cleanup of Hazardous and Toxic
X
X
Waste
39
Commercial and Institutional
x
x
x
Developments
40
Agricultural Activities
X
X
X
41
Reshaping Existing Drainage Ditches
x
x
x
42
Recreational Facilities
x
x
x
43
Stormwater Management Facilities
X
X
44
Mining Activities
x
x
x
Revised Apil2, 2007 Paget o €3
Table I
Reference to Nationwide Permits Best Management Practices Requirements
MVP Permit Description Erosion Control Sediment Control Post
Construction
TSS
45 Repair of Uplands Damaged by x x x
Discrete Events
46 Discharges in Ditches x x
47 Pipeline Safety Program Designated x x
Time Sensitive Inspections and
Repairs
48 Existing Commercial Shellfish
Aquaculture Activities
49 Coal Remining Activities x x x
So Underground Coal Mining Activities x x
x
Revised April 2, 2007
Page 3 of 3
Description of DMps
EROSION CONTROL BMPs
Temporary Vegetation
Description: Vegetation can be used as a temporary or permanent stabilization technique for areas
disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles, berms, mild
to medium slopes, and along roadways. Other techniques such as matting, mulches, and grading
may be required to assist in the establishment of vegetation.
Materials:
The type of temporary vegetation used on a site is a function of the season and the availability of
water for irrigation.
Temporary vegetation should be selected appropriately for the area.
County agricultural extension agents are a good source for suggestions for temporary vegetation.
All seed should be high quality, U.S. of Agriculture certified seed.
Installation:
Grading must be completed prior to seeding.
a Slopes should be minimized.
Erosion control structures should be installed.
Seedbeds should be well pulverized, loose, and uniform,
Fertilizers should be applied at appropriate rates.
Seeding rates should be applied as recommended by the county agricultural extension agent,
The seed should be applied uniformly.
Steep slopes should be'covered with appropriate soil stabilization matting.
Blankets and MagLn
Description: Blankets and matting material can be used as an aid to control erosion on critical,
sites during the establishment period of protective vegetation. The most common uses are in
channels, interceptor swales, diversion dikes, short, steep slopes; and on tidal or stream banks.
Rcviscd April 2, 2007 'agC t of 32
Materials:
New types of blankets and matting materials are continuously being developed. The Texas
Department of Transportation (TxDOT) has defined the critical performance factors for these types
of products and has established minimum performance standards which must be met for any
product seeking to be approved for use within any of TxDOT's construction or maintenance
activities. The products that have been approved by TXDOT are also appropriate for general
construction site stabilization. TxDOT maintains a web site at
http: /www state .tx /insdtdoVorgcharUcmd /erosion /contents.httm which is updated as new
products are evaluated.
Installation:
Install in accordance with the manufacturer's recornrnenda[ions.
Proper anchoring of the material.
Prepare a friable seed bed relatively free from clods and rocks and any foreign material.
Fertilize and seed in accordance with seeding or other type of planting plan,
Erosion stops should extend beyond the channel liner to full design cross section of the channel,
A uniform trench perpendicular to line of flow may be dug with a spade or a mechanical trencher.
Erosion stops should be deep enough to penetrate solid material or below level of ruling in sandy
soils,
Erosion stop mats should be wide enough to allow tumover at bottom of trench for stapling, while
maintaining the top edge flush with channel surface.
Mulch
Description: Mulching is the process of applying a material to the exposed soil surface to protect It
from erosive forces and to conserve soil moisture until plants can become established. When
seeding critical sites, sites with adverse soil conditions or seeding on other than optimum seeding
dates, mulch material should be applied immediately. after seeding. Seeding during optimum
seeding dates and with favorable soils and site conditions will not need to be mulched.
Materials:
Mulch may be smali grain straw which should be applied uniformly.
On slopes 16 percent or greater, a binding chemical must be applied to the surface,
Wood -fiber or paper -fiber mulch may be applied by hydroseeding.
Mulch'netlings maybe used.
Wood chips may be used where appropriate.
Revised April 2, 2W7 Page 2 of 32
Installation:
Mulch anchoring should be accomplished immediately aftermulch placement, This may be done by
one of the following methods: peg and twine, mulch netting, mulch anchoring tool, or liquid mulch
binders.
Sots
Description: Sod is appropriate for disturbed areas which require immediate vegetative covers, or
where sodding is preferred to other means of grass establishment. Locations particularly suited to
stabilization with.sod are waterways carrying intermittent flow, areas around drop inlets or in grassed
swales, and residential or commercial. lawns where quick use or aesthetics are factors. Sod is
composed of living plants and those plants must receive adequate care in order to provide
vegetative stabilization on a disturbed area.
Materials:
Sod should be machine cut at a uniform soil thickness,
Pieces of sod should be cut to the supplier's standard width and length.
Torn or uneven pads are not acceptable.
Sections of sod should be strong enough to support their own weight and retain their size and
shape when.suspended from a firm grasp.
Sod should be harvested, delivered, and installed within a period of 36 hours.
Installation:
Areas to be: sodded should be brought to final grade.
The surf=ace should be cleared of all trash and debris.
Fertilize according to soil tests.
Fertilizer should be worked into the soil.
Sod should not be cut or laid in excessively wet or dry weather.
Sod should not be laid on soil surfaces that are frozen.
During periods of'high temperature, the soil should be lightly irrigated,
The first row of sod should be laid in a straight line with subsequent rows. placed parallel to and
butting tightly against each other.
Lateral joints should be staggered to promote more uniform growth and strength.
Wherever erosion may be a problem, sod should be laid with staggered joints and secured.
RcvisedApril 2, 2007 Page 3 of 32
Sod should be installed with the length perpendicular to the slope (on the contour).
Sod should be roiled or- tamped.
Sod should be irrigated to a sufficient depth.
Watering should be performed as often as necessary to maintain soil moisture.
The first mowing should not be attempted until the sod is firmly rooted.
Not more than one third of the grass leaf should be removed at any one cutting.
lnterceutor Swale
Interceptor swales are used to shorten the length of exposed slope by intercepting runoff, prevent
off -site runoff from entering'the disturbed area, and prevent sediment -laden runoff from leaving a
disturbed site. They may have a v -shape or be trapezoidal with a flat bottom and side slopes of 3:1
or flatter. The outflow from a swale should tie directed to a stabilized outlet or sediment trapping
device. The swalos should remain in place until the disturbed area is permanently stabilized.
Materials:
Stabilization should consist of a layer of crushed stone three inches thick, riprap or high velocity
erosion control mats.
Stone stabilization should be used when grades exceed 2% or velocities exceed 6 feet per
second.
Stabilization should extend across the bottom of the swale and up both sides of the channel to a
minimum height of three inches above the design water surface elevation based on a 2 -year, 24-
hour storm.
Installation:
An interceptor swale should be installed across exposed *slopes during construction and should
intercept no more than 5 acres of runoff.
All earth removed and not needed in construction should be disposed of in an approved spoils site
so that it will not interfere with the functioning of the Swale or contribute to siltation in other areas
of the site.
All trees, brush, stumps, obstructions and other material should be removed and disposed of so as
not to interfere -with the proper functioning of the swale.
Swales should have a maximum depth of 1.5 feet wifh side slopes of 3:1 or Clatter. Swales should
have positive drainage for the entire length to an outlet.
When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope),
stabilization is required. Stabilization should be crushed stone placed in a layer of at least 3 inches
thick or may be high velocity erosion control matting. Check dams are also recommended to
Revised April 2, 2007 Page 4 of 32
reduce velocities in the swales possibly reducing the amount of stabilization necessary,
Minimum compaction for the swale should be 90% standard proctor density,
Diversion Dikes
A temporary diversion dike is a barrier dreated by the placement of an earthen embankment to
reroute the flow of runoff to an erosion control device or awayfrom an open, easily erodible area. A
diversion dike intercepts runoff from small upland areas and diverts it awayfrom exposed slopes to
a stabilized outlet, such as a rock berm, sandbag berm, or stone outlet structure, These controls can
be used on the perimeter of the site to prevent runoff from entering the construction.area. Dikes are
generally used for the duration of construction to intercept and reroute runoff from disturbed areas to
prevent excessive erosion until permanent drainage features are Installed and/or slopes are
stabilized.
Materials;
Stone stabilization (required for velocities in excess of 6 fps) should consist of r €prap placed in a
layer at least 3 Inches thick and should extend a minimum height of 3 inches above the design
Water surface up the existing slope and the upstream face of the dike.
Geotextile fabric should be a non -woven polypropylene fabric designed. specifically for use as a
soil filtration media with an approximate weight of 6 oz.lyd a Mullen burst rating of 140 psi, and
having an equivalent opening size (EO3) greater than a ##50 sieve.
Installation:
Diversion dikes should be installed prior to and maintained for the duration of construction and
should intercept no more than 10 acres of runoff.
Dikes shorild have a minimum top width of 2 feet and a. minimum height of compacted fill of 18
inches measured form the top of the existing ground at the upslope' toe to top of the dike and have
side slopes of 3:1 or flatter.
The soil for the duce should be placed in lifts of 8 inches or less and be compacted to 95
standard proctor density.
The channel, which is formed by the dike, most have positive drainage for its entire length to an
outlet.
When the slope exceeds 2 percent, or velocities exceed 6 foot per second (regardless of slope),
stabilization is required. In sltuations where velocities do not exceed' 6 feet per second,.
vegetation may be used to control erosion.
Erosion Control Compost
Description; Erosion control compost (ECC) can be used as an aid to control erosion on critical
sites during the establishment period of protective vegetation. The most common uses are on steep
slopes, swales, diversion dikes, and on tidal or strearn banks,
Revised April 2, 2007 Page 5 of 32
Materials;
New types of erosion control compost are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for
any products seeping to be approved for use within any of TxDOT's construction or maintenance
activities. Material used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TXDOT maintains a
website at h /www.dot.state.tx.us/ des landscape /ComposUspecifications.htm that provides
information on compost specification data. This website also contains Information on areas where
the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost
products.
ECC used for projects not re €ated to TOOT should also be of quality materials by meeting
Performance standards and compost specification data. To ensure the quality of compost used as
an ECC, products should meet all applicable state and federal regulations, including but not limited
to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations
(CFR), Title 40, Part 503 Standards for Class A blosolids and Texas Natural Resource Conservation
Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas
Administration Code (TAC), Chapter 332, and all other relevant requirements for comp ost. products
outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC
Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products
and §332.72 Final Product Grades, Compost specification data approved by TxDOT are
appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols Included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for ECC to ensure that the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality composts that meet
analytical standards, TMECC is a laboratory manual that provides protocols for the composting
industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and
analyze materials during all stages of the composting process. Numerous parameters that might be
Of concern in compost can be tested by following protocols or test methods listed in TMECC.
TMECC information can be found at http:// www.tmece.org /ttnocc/index.html. The USCC Seal of
Testing Assurance, (STA) program contains information regarding compost STA certification. STA
Program information -can be found at http: /tmecc.org /sta /STA program_description.html,
Installation:
Install in accordance with current TxDOT specification,
Use on slopes 3:i orflatter.
Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
When rolling is specified, use a light corrugated drum roller.
Rcvised AprR 2, 2007 page 6 of 32
Mulch Filter Berms and Socks
Description: Mulch filter berms and socks are used to interceptand detain sediment laden run -off
from unprotected areas. When properly used, mulch filter berms and socks can be highlyeffective at
controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to
settle. Mulch filter berms and socks are used during the period of construction near the perimeter of
a disturbed area to intercept sediment while allowing water to percolate through, The berm or sock
should remain in place until the area is permanently stabilized. Mulch filter berms should not be
used when there is a concentration of water in a channel or drainage way. If concentrated flows
occur after installation, corrective action must be taken. Mulch filter sacks may be installed In
construction areas and temporarily moved during the day to allow construction activity provided it is
replaced and properly anchored at the end of the day. Mulch filter berms and socks maybe seeded
to allow for quick vegetative growth and reduction in run -off velocity.
Materials:
New types of mulch fitter berms and socks are continuously being developed. -The Texas
Department of Transportation (TxDOT) has established m inimum performance standards which
must be met for any products seeking to be approved for use within any of TxDOT's construction or
maintenance activities, Mulch filter berms and socks used within any TxDOT construction or
maintenance activities must meet material specifications in accordance with ,current TxDOT
specifications. TxDOT maintains a website at
http: /www. dot. state .tx.us[des /[andscape /compost /spec €fications.htm that provides information on
compost specification data. This website also contains information on areas where the •Texas
Commission on Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch filter berms and socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
of compost used for mulch filter berms and socks, products should meet all applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Cade of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and
Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the
Texas Administration Code (TAG), Chapter 332, and all other relevant requirements for compost
products outlined in TAC, Chapter 332. Testing requ €reinents required by the TCEQ are defined in
•TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final
Products and §332.72 Final Product Grades. Compost specification data approved by TxDOT are
appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols Included In the United States Composting Council (USCG) Test
Methods for the Examinatlon of Composting and Compost TMECC) should be conducted on
compost products used for mulch filter berms and socks to ensure that the products used will not
impact public health, safety, and the environment and to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis, TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process.
Numerous parameters that might be.of concern in compost can be tested by following protocols or
test methods listed in TMECC, TMECC information can be found at
http;// www.tmeoc.org /tmecc /index,html. The USCC Seal of Testing Assurance (STA) program
Rcviscd Apri) 2, 2007 Page 7 of 32
contains information regarding compost STA certification. STA program information can be found at
httpJ /tmecc.org /sta /8 TA`program_description.hfm€.
Installation:
s Install in accordance with current TXDOT specification.
Mulch filter berms should be constructed at 1- 1 /2 high and 3 foot wide at locations shown on
plans.
Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has
reached 113 of the height of the berm. Disperse filter berm or leave in place as directed.
Mulch filter socks should be In 8 inch, 12 inch or 18 inch or as directed, Sock materials should be
designed to allow for proper percolation through.
Compost Filter Berms and Socks
Descr ipt ion; Compost filter berms and socks are used to intercept and detain sediment laden run-
off from unprotected areas. When properly used, compost filter berms and socks can be highly
effective at controlling sediment from disturbed areas, They cause runoff to pond which allows
heavier solids to settle. Compost filter berms and socks are used during the period of constructioh
near the perimeter of a disturbed area to intercept sediment while allowing water to percolate
through. The berm or sock should remain in place until the area is pemianently stabilized. Compost
filter berms should not be used when there is a concentration of water in a channel or drainage way.
if concentrated flows occur after installation', corrective action must be taken. Compost filter socks
may be installed In construction areas and temporality moved during the day to allow construction
activity provided it is replaced and properly anchored at the end of the day. Compost fi €terberms and
socks may be seeded to allow for quick vegetative growth and reduction in run -off velocity.
Materials,
.New types of compost filter berms and socks are continuously being developed. The Texas
Department.of Transportation (TXDDT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any of TxDOT`s construction.or
maintenance activities. Compost filter berms and socks used within any TxDOT construction or
maintenance activities must meet material specifications in accordance with TxDOT spdcification
1059. TxDOT maintains a website at
http /www. dot. state.tx.us dest iandscape /compost/speclfications.htm that provides information on
compost specification data. This website also contains information on areas where the Texas
Commission on Environmental Quality (TCEQ).restricts the use of certain compost products,
Compost filter berms and socks used for projects not related to TOOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
of compost used as compost filter berms and socks, products should meet all applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A blosolids and
Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety
Regulations as defined in the Texas Administration Code JAC), Chapter332, and all other relevant
Rcviscd April 2, 2007 Page 8 of 32
requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by
the TCEQ are defined in TAC Chapter 332, including Sections 6332,71 Sampling and Analysis
Requirements for Final Products and §332,72 Final'Product Grades. Compost specification data
approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for.
guidance,
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use, The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCG) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for compost filter berms and socks to ensure that the products used will not
impact public health, safety, and the environment and to promote production and marketing of
quality composts that meet analytical standards, TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed in TMECC. TMECC information can be found at
http:// www.tmeco,org /tmecc /index.html. The USCC Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. STA program information can be found at
h /tmecc.org /sta /STA _program_descripfion.htmi.
Installation:
Install in accordance with TxDOT Special Specification 1059,
Compost filter berms shall be constructed at 1 -1/2 feet high and 3 foot wide at locations shown on
plans.
Routinely inspect and maintain filter berm in a functional at all times_ Correct de€iciencies
immediately, Install additional filter berm material as directed.. Remove sediment after it has
reached 113 of the height of the berm. Disperse filter berm or leave in place as directed.
Compost filter socks shall be in 8 inch, 12 Inch or 18 inch or as directed. Sock materials shall be
designed allowing for proper percolation through.
SEDIMENT CONTROL BMPS
Sand Bag Berra
Description: The purpose of a sandbag berm Is to detain sediment .carried in runoff from disturbed
areas., This objective is accornpllshed by intercepting runoff and causing it to pool behind the sand
bag berm. Sediment carried In the rurioff is deposited on the upstream side of the sand bag berm
due to the reduced flow velocity. Excess runoff volumes are allowed to flow over the top of the sand
bag berm. Sand bag berms are used only during construction activities in streambeds when the
contributing drainage area is between 5 and 10 acres and the slope is less than 15%, i.e., utility
construction in channels, temporary channel crossing for cohstruclion -equipment, etc: Plasflcfacing
should be installed on the upstream side and the berm should be anchored to the streambed by
drilling into the rock and driving in "T" posts or rebar #5 or #6) spaced appropriately.
Rcvised April 2, 2007 .Page 9 of 32
Materials:
The sand bag material should be polypropylene, polyethylene, polyamide or cotton burlap woven
fabric, minimum unit weight 4 ozlyd 2, mullen burst strength exceeding 300 psi and ultraviolet
stability exceeding 70 percent.
The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should
be 6 to 8 inches.
Sandbags should be filled with coarse grade sand and free from deleterious material. All sand
should pass through a No. 10 sieve. The filled bag should have an approximate weight of 40
pounds.
Outlet pipe should be schedule 40 or stronger polyvinyl chloride {PVC} having a nominal internal
diameter of 4 inches.
Installation:
The berm should be a minimum height of 18 inches, measured from the top of the existing ground
at the upslope toe to the top of the berm.
The berm should be sized as shown In the plans but should have a minimum width of 48 inches
measured at the bottom of the berm and 16 inches measured at the top of the berm.
Runaff water should flow over the tops of the sandbags or through 4 diameter PVC pipes
embedded below the top layer of bags,
When a sandbag Is filled with material, the open and of the sandbag should stapled or tied with
nylon or poly cord.
Sandbags should -be stacked in at least three rows abutting each other, and in staggered
arrangement.
The base of the berin should have at least 3 sandbags. These can be reduced to 2 and 1 bag in
the second and third rows respectively.
For each additional 6 inches of height, an additional sandbag must be added to each row width.
A bypass pump- around system, or similar alternative, should be used on conjunction with the
berm for effective dewatering of the work area.
Slit Fence
Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to
prevent soil and sediment loss from a site. When properly used, sift fences can be highly effective
at controlling sediment from disturbed areas. They cause runoff to pond which allows heavlersolids
to settle. If not properly installed, silt fences are not likely to be effective. The purpose of a silt fence
is to intercept -and detain water -borne sediment'from unprotected areas of a limited extent. Silt
fence is used during the period of construction near the perimeter of a disturbed area to intercept
sediment while allowing water to percolate through. This fence should remain in place until the
disturbed area is permanently stabilized. Silt fence should not be used where there is a
Revised April 2, 2007 Page 10 of 32
concentration of water in a channel or drainage way. If concentrated flow occurs after installation,
corrective action must be taken such as placing a rock berm in the areas of concentrated flow. Silt
fencing within the site may be temporarily moved during the day to allow construct €on activity
provided It is replaced and properly anchored to the ground at the end of the day. Silt fences on the
perimeter of the site or around drainage ways should not be moved at any time.
Materials:
Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric,
The fabric width should be 36 inches, with a minimum unit weight of 4.5 ozlyd, mullen burst
strength exceeding 190 lb /in 2, uitraviolet stability exceeding 70 and minimum apparent opening
size of U.S. Sieve No. 30.
Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y -bar cross
section, surface painted or galvanized, minimum nominal weight 9:25 ib /ft2, and Brindell hardness
exceeding 940,'
Woven wire backing to support the fabric should be galvanized 2" x 4" welded wire, 92 gauge
minimum:
Installation:
Stool posts, which support the silt fence, should be installed on a slight angle toward the
anticipated runoff source. Post must be embedded a minimum of 9 foot deep and spaced riot
more than 8 feet on center. Where water concentrates, the maximum spacing should be 6 feet.
Lay out fencing down -slope of disturbed area, following the contour as closely as possible. The
Fence should be sited so that the maximum drainage area is'A acre /900 feet of fence.
The toe of the silt fence should be trenched in with a spade or mechanical trencher, so that the
down slope face of the trench Is flat and perpendicular to the line of low. Where fence cannot be
trenched in (e.g., pavement or rock outcrop), weight fabric flap with 3 inches of pea gravel on
uphill side to prevent flow from seeping under fence.
The trench must be a minimum of 6 inches deep and 6 inches wide to allow forthe siltfence fabric
to be laid in the ground and backfilled with compacted material
Slit fence should be securely fastened to each steel support post or to woven wire, which is in turn
attached to the steel fence post. There should be a 3 -foot overlap, securely fastened where ends
of fabric meet.
Triangular Filter Dike
Description: The purpose of a triangular sediment filter dike is to intercept and detain water -home
aod!ment from unprotected areas of limlted extent. The triangular sediment filter dike is used where
there is no conceritration of water in a channel or other drainage way above the barrier and the
contributing drainage area is less than one acre. If the uphill slope above the dike exceeds 10%,
the length of the slope above the dike should be less than 50 feet. If concentrated flow occurs after
installation, corrective action should be taken such as placing rock berm in the areas of
concentrated flow, This measure is offective on paved areas where installation of silt fence is not
possible orwhere vehicle access must be maintained. The advantage of these controls is the ease
Revised Aprif 2, 2007 Pa8e 11 of 32
with which-they can be moved to allow vehicle traffic and then reinstalled to maintain sediment
Materials:
Sill fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric.
The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst
strength exceeding 190 lb/in 2 ultraviolet stability exceeding 70 and minimum apparent
opening size of U.S. Sieve No. 30.
The dike structure should be 6 gauge 6" x 6" wire mesh folded into triangular form being eighteen
(1 B) Inches on each side.
Installatlon:
The frame of the triangular sediment filter dike should be constructed of 6" x 6",_ 6 gauge welded
wire mesh, 18 Inches per side, and wrapped with geotextile fabric the same composition as that
f used for silt fences.
Filter material should lap over ends six (6) inches to cover dike to dike junction; each junction
should be secured by shoat rings.
Position dike parallel to the contours, with the end of each section closely abutting the adjacent
sections.
There.are several'options forfastening the filter dike to the ground. The fabric skirt may be toed -in
with 6 inches of compacted material, or 12 inches of the fabric skirt should extend uphill and be
secured with a minimum of 3 inches of open graded rock, or with staples or nails. If these two
options are not feasible the dike structure may be trenched in 4 inches.
Triangular sedimentflter dikes should be installed across exposed slopes during construction with
ends of the dike tied into existing grades to prevent failure and should intercept no more than one
acre of runoff,
When moved to allow vehicular access, the dikes should be reinstalled as soon as possible, but
always at the end of the workday.
Rock Berra
Description: The purpose of a rock berm Is to serve as a check dam in areas of concentrated flow,
to intercept sediment -laden runoff, detain the sediment and release the water in sheet flow. The
rock berm should be used when the contributing drainage area is less than 5 acres. Rock berms
are used in areas where the volume of runoff is too great for a sift fence to contain. They are less
effective for sediment removal than silt fences, particularly for fine particles, but are able to
withstand higher flows than a silt fence. As such, rock berms are often used.in areas of channel
flows (ditches, gullies, etc.). Rock berms are most effective at reducing bed load in channels and
should not be substituted for other erosion and sediment control measures further up the watershed.
Materials:
The berm structure should be secured with a woven wire sheathing having maximum opening of 1
inch and a minimum wire diameter of 20 gauge galvanized and should be secured with shoat
rings.
Revised April 2, 2007 Page 12 of 32
Clean, open graded 3- to 5 -inch diameter rock should be used, except in areas where high
velocities or large volumes of flow are expected, where 5- to 8 -inch diameter rocks may be used.
Installation:
-'Lay out the woven wire sheathing perpendicular to the flow fine. The sheathing should be 20
gauge woven wire mesh with I inch openings.
Berm.should have a fop width of 2 feet minimum with side slopes being 2:1 (H:V) or flatter.
Place the rock along the sheathing to a height not less than 48
Wrap the wire sheathing around the rock and secure with tie wire so that the ends of the
sheathing overlap at least 2 inches, and the berm retains its shape when walked upon.
Berm should be built along the contour at zero percent grade or as near as. possible.
The ends of the bean should be tied Into existing upslope grade and the berm should be buried in
a trench approximately 3 to 4 inches deep to prevent failure of the control.
Hay Bale Dike
Description: The purpose of a hay or-straw bale dike is to in and detain small'amou.nts of
sediment -laden runofffrom relatively small unprotected areas. Strawbales are to be used when it is
not Feasible to install other, more effective measures or when the construction phase is expected to
last less than 3 months. Straw bales should not be used on areas where rock or other hard
surfaces prevent the full and uniform anchoring of the barrier.
Materials:
Straw: The best quality straw mulch comes from wheat, oats or barley and should be free of weed
and grass seed which may not be desired vegetation for the area to be protected. Straw mulch is
light and therefore must be properly anchored to the ground. J
Hay: This is very simllar to straw with the exception that it is made of grasses and weeds and not
grain stems, This form of mulch is very inexpensive and is widely available but does introduce weed
and grass seed to the area. Like straw, hay is light and must be anchored.
Straw bales should weigh a minimum of 50 pounds and should be at least 30 inches long.
Bales should be composed entirely of vegetable platter and be free of seeds.
Binding should be either wire or nylon string,jute or cotton binding is unacceptable. Bales should
be used for not more than two months before being replaced,
Installation
Bales should be embedded a minimum of 4 inches and securely anchored using 2 x 2" wood
stakes or 318 diameter rebar driven through the hales into the ground a minimum of 6 inches.
Bales are to be placed directly adjacent to one another leaving no gap between them,
Rcviscd April 2, 2007 Page, 13 of 32
All bales should be placed on the contour.
The first stake in each bale should be angled toward the previously laid bale to force the bales
together,
Brush Berms
Organic litter and spoil material from site clearing operations is usually burned or hauled away to be
dumped elsewhere. Much of this material can be used effectively on the construction site itself. The
key to constructing an efficient brush berm is in the method used to obtain and place the brush. It
will not be acceptable to simply take a bulldozer and push whole trees into a pile, This method does
not assure continuous ground contact with the berm and will allow uncontrolled flows under the
berm,
Brush berms may be used whore there is little or no concentration of water in a channel or other
drainage way above the berm. The size of the drainage area should be no greater than one-fourth of
an acre per 100 feet of barrier- length; the maximum slope length Behind the barrier should not
excead 100 feet; and the maximum slope gradient behind the barriershouid be less than 50 percent
Materials:
The brush should consist of woodybrush and branches, preferably less than 2 inches in diareter.
The filter fabric should conform to the specifications for filter fence fabric.
The rope should be 1 /4 inch polypropylene or nylon rope.
The anchors should be 318 -inch diameter rebar stakes that are 18-inches long.
Installation:
Lay out the brush berm following the contour as closely as possible.
The juniper limbs should be out a nd hand placed with the vegetated part of the limb in close
contact with the ground. Each subsequent branch should overlap the previous branch providing a
shingle effect,
The brush berm should be constructed in lifts with each layer extending the entire length of the
berm before the next layer is started.
A trench should be excavated 6- inches wide and 4- inches deep along the iength,of the barrier and
immediately uphill from the barrier.
The filter fabric should be cut into lengths sufficient to lay across the barrier from its up -slope base
to just beyond its peak. The lengths of filter fabric should be draped across the width of the barrier
with the uphill edge placed in the trench and the edges of adjacent pieces overlapping each other.
Where joints are necessary, the fabric should be spliced together with a minimum 6 -inch overlap
Revised April 2, 2007 Page 14 of 32
and securely sealed.
The trench should be backfilled and the soil compacted over the filter fabric.
Set stakes into the ground along the downhill edge of the brush barrier, and anchor the fabric by
tying rope from the fabric to the stakes. Drive the rope anchors into the ground at approximately a
45- degree angle to the ground on 6-foot centers.
Fasten the rope to the anchors and tighten berm securely to the ground with a minimum tension
of 50 pounds.
The height of the brush berm should be a minimum of 24 inches after the securing ropes have
been tightened.
Stone Outlet Sediment Traps_
A stone outlet sediment trap is an impoundment created by.the placement of an earthen and stone
embankment to prevent soil and sediment loss from a site. The purpose of a sediment trap is to
intercept sediment -laden runoff and trap the sediment in orderto protect drainage ways, p p Installed at
and rights isch from ay belowthe
stu bed areas. The drainage sedimentation,
for a sediment trap is recommended to
points of discharge
be less than 5 acres.
Larger areas should be treated using a sediment basin. A sediment trap. differs from a
sediment basin mainly in the type of discharge structure. The trap should be located to obtain the
maximum' storage benefit from the terrain, for ease of clean out and disposal of the trapped
sediment and to minimize interference with construction activities. The volume of the traP'should be
at-least 3000 cubic feet per acre of drainage area.
Materials:
All aggregate should be ,at lest 3 inches in diameter and should not exceed a volume of 0.5
cubic foot,
The geotextlle fabric specification should be woven polypropylene, polyethylene or polyamide
geotextile, minimum unit weight of 4.5 oz/yd 2, Mullen burst strength at least 250 Win 2,
ultraviolet stability exceeding 70 and equivalent opening size exceeding 40.
installation:
Earth Embankment: Place fill material In layers not more than 8 Inches in louse depth, Before
compaction, moisten or aerate each layer as necessary to provide the opiimum moisture content
of the material. Compact each layer to 95 percent standard-proctor density. Do not place
material on surfaces that are m u ddy or frozen. sid 3 glop es for the embankment are to be 3:'I.
The minimum width of the em
A gap Is to be left in the, embankment In the location where the natural confluence of runoff
crosses the embankment line, The gap is to have a width in feet equal to 6 times the drainage
area in acres.
Page 15 of 32
Revised Aprrr 2, 2007
Geotextile Covered Rock Core: A core of filter stone having a minimum height of 1.5 feet and a
minimum width at the base of 3 feet should be placed across the opening of the- earth
embankment and should be covered_by geotextile fabric which should extend a minimum
distance of 2 feet In either direction from the base of the filter stone core,
Filter Slone Embankment: Filter stone should be placed over the geotextile and is to have aside.
slope which matches that of the earth embankment of 3:1 and should cover the geotextilelrock
care a minimum of 6 inches when installation is complete. The crest of the outlet should be at
least 1 foot below the top of the embankment..
Sediment Basins
The purpose of a sediment basin is intercept sediment -laden runoff and trap the sediment in order
to protect drainage ways, properties and rights of way below the sediment basin from sedimentation,
A sediment basin Is usually installed at points of discharge from disturbed areas. The drainage area
for a sediment basin is recommended to be less than 100 acres.
Sediment basins are effective for capturing and slowly releasing the runoff from larger disturbed
areas thereby allowing sedimentation to take place. A sediment basin can be created where a
permanent pond BMP is being constructed, Guidelines for construction of the permanent BMP
should be followed, but revegetation, placement of underdrain piping, and installation of sand or
other filter media should not be carried out until the site construction phase is complete.
Materials:
Riser should be corrugated metal or reinforced concrete pipe or box and should have watertight
fittings or end to end connections of sections.
.,An outlet pipe of corrugated metal or reinforced concrete should be attached to the riser and
should have positive flow to a stabilized outlet on the downstream side of the embankment.
An anti- vortex device and rubbish screen should be attached to the top of the riser and should
be made of polyvinyl chloride or corrugated metal.
Basin Design and Construction:
For common drainage locations that serve an area with ten or more acres disturbed at one time,
a sediment basin should provide storage for a volume of runoff from a two -year, 24-hour storm
from each disturbed acre drained,
The basin length to width ratio should be at least 2:1 to improve trapping efficiency. The shape
may be attained by excavation or the use of baffles. The lengths should be measured at the
elevation of the riser de- watering hole,
Place fill material in layers not more than 8 Inches in loose depth. Before compaction, moisten or
aerate each layer as necessary to provide the optimum moisture content of the material,
Compact each layer to 95 percent standard proctor density. Do not place material on surfaces
that are muddy or frozen. Side slopes for-the embankment should be 3 :1 (H: V).
An emergency spillway should be installed adjacent to the embankmenton undisturbed soil and
should be sized to carry the full amount of flow generated by a 10 -year, 3 -hour storm with 1 foot
Revised Apri9 2, 2007 Page 16 of 32
of freeboard less the amount which can be carried by the principal outlet control device.
The emergency spillway should be lined with riprap as should the swale leading from the
spillway to the normal watercourse at the base of the embankment.
e The principal outlet control device should consist of a rigid vertically oriented pipe or box of
corrugated metal or reinforced concrete. Attached to -this structure should be a horizontal pipe,
which should extend through the embankment to the toe of fill to provide a de- watering outletfor
the basin.
An anti vortex dovice•should be attached to the inlet portion of the principal outlet control device
to serve as a rubbish screen.
A concrete base should be used to anchor the principal outlet control device and should be
sized to provide a safety factor of 9.5 (downward forces 1,5 buoyant forces).
The basin should include a permanent stake to indicate the sediment level in the pool and
marked to indicate when the sediment 50% of the basin volume (not the top of the
stake).
The top of the riser pipe should remain open and be guarded with a trash rack and anti- vortex
device. The top of the riser should be 12 Inches below the elevation of the emergency spillway.
The riser should be sized to convey the runoff from the 2 -year, 3 -ho6r storm when the water
surface is at the emergency spillway elevation. For basins with no spillway the riser must be
sized to convey the runoff from the 10 -yr, 3 -hour storm.
Anti -seep* collars should be included when soil conditions or length of service make piping•
through the backfill a possibility.
The 48 -hour drawdown time will be achieved by using a riser pipe perforated at the point
measured from the bottom of the riser pipe equal to 1 /2 the'volume of the basin. This is the
maximum sediment storage elevation. The size of the perforation maybe calculated as follows:
As 2h
Ao Cd x 980,000
Where:
A Area of the. de- watering hole ft 2
A S Surface area of the basin, ft 2
C d Coefficient of contraction, approximately 0.6
h head of water above the hole, ft
Perforating the fter with multiple holes with a combined surface area
equal to A, is acceptable,
Erosion Control Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical
Revistd Aprit 2, 2001 Page 17 of 32
sites during the establishment period of protective vegetation.-The most common uses are on steep
slopes, swales, diversion dikes, and on tidal or stream banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for
any products seeking to be approved for use within any of TxDOT's construction or maintenance
activities. Material used within any TxDOT construction or. maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a
website at http: /Www.dot.state.tx.usfdes/ landscape /composUspecifications.litm that provides
information on compost specification data. This website also contains information on areas where
the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost
products.
ECC used for projects not related to TxDOT should also be of quality materials by meeting
performance standards and compost specification data. To ensure the quality of compost used as
an ECC, products should meet all applicable state and federal regulations, including but not limited
to the United States Environmental Protection Agency (USEPA) Cade of Federal Regulations
(CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation
Commission (now named TCEQ) Health and Safety Regulations as. defined in the Texas
Administration Code (TAC), Chapter 332, and all other relevant requirements for col products
outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC
Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Prod ucts
and §332.72 Final Product Grades. Compost specification data approved by TxDOT are
appropriate to use for ensuring (tie use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used. for ECC to ensure that the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality composts that meet
analytical standards. TMECC is a laboratory manual that provides protocols for the composting
industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and
analyze materials during all stages of the composting process. Numerous parameters that might be
of concern in compost can be tested by following protocols or test methods listed In TMECC.
TMECC information can be found at http:// www.trnecc.org /tmecc /indox.htmi. The USCC Seal of
Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at http: /tmecc.org /sta /STA program descr
Installation:
Install in accordance with current TxDOT specification
Use on slopes 31 or flatter.
Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
When.mlling is specified, use a light corrugated drum roller.
Revised April 2, 2007 Page 18 of 32
Mulch Filter Berms and Socks
Description: Mulch filter berms and socks are used to intercept and detain sediment laden ru n -off
from unprotected areas. When properly used, mulch filter berms and socks can be highly effective at
controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to
settle. Mulch filter berms and socks are used during the period of construction near the perimeter of
a disturbed area to intercept sediment while allowing water to- percolate through. The berm or sock
should remain in place until the area is permanently stabilized. Mulch filter berms should not be
used when there is a concentrafion of water in a channel or drainage way. If concentrated flows
occur after installation, corrective action must be taken. Mulch filter socks may be installed in
construction areas and temporarily moved during the day to allow construction activity provided it is
replaced and properly anchored at the end of the day. Mulch filter berms and socks may seeded
to allow for quick vegetative growth and reduction in run -off velocity,
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance standards which
rnvst be met for any products seeking to be approved for use within anygf TXDOT`S construction or
maintenance activities. Mulch filter berms and socks used within ahy TxDOT construction or
maintenance activities must meet Material specifications In accordance with current- TXDOT
specifications. TxDOT maintains a website at
htt /www.d ot.state.tx.us /des/ landscape /coMpasYspeclflcations.htni that provides information on
compost specification data. This website also contains information on areas where the Texas
Commission on Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch titer berms and socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
.of compost used for mulch filter berms and socks, products should meet all applicable state and
federal regulations Including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and
Texas NaturalResourae Conservation Commission Health and Safety Regulations as defined in the
Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost
products outlined fig TAG, Chapter 332. Testing requirements required by the TCEQ are defined in
TAG Chapter 332, including Sections §332.71 Sampling and Analysis Requiremen for Final
Products and §332.72 Final Product Grades, Compost specification data approved by TxDOT are
appropriate to use for ensuring the use of quality compost materials or for guldance.
Tasting standards are dependent upon the intended use for the compost and erasures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included In th United States Composting Council (USCG) Test
Methods for the E�xarnlnatlon of Composting and Compost (TMECC) should be conducted on
compost products used for mulch filter berms and socks to ensure that the products used will not
impact public health, safety, and the environment to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols.to sample, monitor, and analyze materials during all stages-of the composting process,
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed in TMECC. TMECC information can be found at
Revised April 2 2007 Page 19 of 32
http:// ANVW.tmocc.org /tmecc /index.html. The USCC Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. STA program information can be found at
http:// tme,cc. org/ sta /STA_program description.html.
Installation:
Install in accordance with current TxDOT specification.
Mulch filter berms should be constructed at 1 -1/2 feet high and 3 footwide at locations shown on
plans.
Routinely inspect and maintain filter berm in a functional condition at all times. Correct
deficiencies immediately. Install additional filter berm material as directed. Remove sediment
after It has reached 113 of the height of the berm.. Disperse filter berm or leave in place as
directed.
Mulch.filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should
be designed to allow for proper percolation through.
Compost Filter Bernis and Socks
Description: Compost filter berms and.socks are used to Intercepf and detain sediment laden run
off from unprotected areas. When properly used, compost filter berms and socks cat) be highly
effective at controlling sediment from disturbed areas. They cause runoff to pond which allows
heavier solids to settle. Compost filter berms and socks are used during the period of construction
near the perimeter of a disturbed area to intercept sediment while allowing water to percolate
through. The berm or sock should remain in place until the area is permanently stabilized. Compost
filter berms should not be used when there is a concentration of water in a channel or drainage way.
If concentrated flows occur after installation corrective_ action must betaken. Compost filter socks
may be installed in construction areas and temporality moved during the day to allow construction
activity provided it is replaced and properiyanchored at the end of the day. Compost filter berms and
socks may be seeded to allow for quick vegetative growth and reduction in run -off velocity.
Materials:
New types of compost filter berms and socks are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any of TxDOTS construction or
maintenance activities. Compost filter berms and socks used within any TxDOT construction or
maintenance activities must meet material specifications in accordance with TxDOT specification
1059. TxDOT maintains a website at
http: /www.dot.state.tx,us /des/ landscape !compost /specifications.htm that provides information on
compost specification data. This website also contains information on areas where the Texas
Commission on Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
of compost used as.compost filter berms and socks, products should meet all applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and
Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety
Revised April 2, 2007 Page 20 of 32
Regulations as defined In the Texas Administration Code (TAC), Chapter 332, and all other relevant
requirements farcompost products outlined in TAC, Chapter 332. Testing requirements required by
the TCE=Q are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis
Requirements for Final Products and 9332.72 Final Product Grades. Compost specification .data
approved by TxDOT are appropriate to use for ensuring the use of quality compost materials
guidance. or for
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use, The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCG) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for compost filter berms and socks to ensure that the products used will not
impact public health, safety, and .the environment and .to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
Protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed In TMECC. TMECC information can be found at
http: l/ 4 vww .tmecc.org /tmecc /index.html. The USCC Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. STA program information can be found at
htip:Htmeec- org /sta /STA prograrn_description.htmi.
Installation:
a Install In accordance with TxDOT Special Specification 1059..
Compost filter berms shall be constructed at 1 -1/2 feet high and 3 foot wide at locations shown
on plans.
Routinely inspect and maintain filter berm in a functional condition at all times. Correct
deficiencies immediately. Install additional filter berm material as directed. Remove sediment
after it has 'reached 9/3 of the height of the berm. Disperse filter berm or leave in place as
directed.
Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. sock matorials shall be
designed allowing for proper percolation through.
POST- CONSTRUCTION TSS CONTROLS
Retentfon/Irri, atlas Systems
description: Retention /irrigation systems refer to the capture of runoff in a holding pond, then use
of the captured water for irrigation of appropriate landscape areas. Retention /irrigation systems are
characterized by the capture and disposal of runoff without direct release of captured flow to
receiving streams. Retention systems exhibit excellent pollutant removal but can require regular,
proper maintenarice. Collection 'of roof runoff for subsequent use (rainwater harvesting) also
qualifies as a retentionlirrigption practice, but should be operated and sized to provide adequate
volume. This technology, which emphasizes beneficial use of stormwater runoff, is particularly
appropriate for arld regions because of increasing demands on water supplies for agricultural
irrigation and urban water supply.
Revi3cdApril2, 2007 'age 21 of 32
Design Considerations: Retention /irrigation practices achieve 100% removal efficiency of total
suspended solids 'contained. within the volume of water captured. Design elements of
retention /irrigation systems include runoff storage facility configuration and sizing, pump and wet
well system components, basin lining, basin detention time, and physical and operational
components of the irrigation system'. Retention /irrigation systems are appropriate for large drainage
areas with low to moderate slopes, The retention capacity should be sufficient considering the
average rainfall event for the area.
Maintenance Requirements: Maintenance requirements for retentionlirrigation systems include
routine inspections, sediment removal, mowing, debris and litter removal, erosion control, and
nuisance control,
Extended Detention Basin
Description: Extended detention facilities are basins that temporarily store a portion of storrnwater
runoff following a storm event. Extended detention basins are normally used to remove particulate
pollutants and to reduce maximum runoff rates associated with development to their pre
development levels. The water quality benefits are the removal of sediment and buoyant materials.
Furthermore, nutrients, heavy metals, toxic materials, and oxygen demanding materials associated
with the particles also are removed. The control of the maximum runoff rates serves to protect
drainage channels below the device from erosion and to reduce downstream flooding. Although
detention facilities designed for flood control have different design requirements than those used for
water quality enhancement, it is possible to achieve these two objectives in a single facility,
Design Considerations: Extended detention basins can.remove approximately 75% of the total
suspended solids contained within the volume of runoff captured in the basin. Design elements of
extended detention basins include basin sizing, basin configuration, basin side slopes, basin lining,
intet/outlet structures, and erosion controls. Extended detention basins are.appropriate for large
drainage areas with low to moderate slopes. The retention capacity should be sufficient considering
the average rainfall event for the area,
Maintenance Requirerrrents: Maintenance requirements for extended detention basins include
routine inspections, mowing, debris and litter removal, erosion control, structural repairs,
control, and sediment removal.
Vegetative Filter Strips
Description: Filter strips, also known as vegetated buffer strips, are vegetated sections of land
similar to grassy swales except they are essentially flat with low slopes, and are designed only to
accept runoff.as overland sheet flow. They may appear in any vegetated'form from grassland to
forest, and are designed to intercept upstream flow, lower flow velocity, and spread water out as
sheet flow. The dense vegetative cover facilitates conventional pollutant removal through detention,
filtration by vegetation, and infiltration.
Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to
effectively reduce peak discharges to predevelopment levels for design storms. This Iack'of quantity
control favors. use 'ln rural or low density development; however, they can provide water quality
benefits even where the impervious cover is as high as 50%. The primary highway application for
vegetative filter strips is along rural roadways where runoff that would otherwise discharge directly to
Revised Ap rt 2, 2007 Page 22 of 32
a receiving water passes through the filter strip before entering a conveyance system. Properly
designed roadway medians and shoulders make effective buffer strips. These devices also can he
used on other types of development where land is available and hydraulic conditions are
appropriate.
Flat slopes and low to fair permeability of natural subsoil are required for effective performance of
filter strips. Although an inexpensive control measure, they are most useful in contributing watershed
areas where peak runoff velocities are low as they are unable to treat the high flow velocities.
typically associated with high impervious cover.
Successful performance of filter strips relies heavily or! maintaining shallow unconcentrated flow. To
avoid flow channeiization and maintain performance, a filter strip should.
Be equipped with a level spreading device for even distribution of runoff
Contain dense vegetation with a mix of erosion resistant, soil binding species
Be graded to a uniform, even and relatively low *slope'
Laterally traverse the contributing runoff area
Filter strips can be used upgradlent from watercourses, wetlands, or other water bodies along toes
and tops of slopes and at outlets of other stormwater management structures. They should be
incorporated into street drainage and master drainage planning. The most important criteria for
selection and use of this BMP are sells, space, and slope,
Design Considerations: Vegetative titter strips can remove approximately 85% of the total
suspended solids contained within the volume of runoff captured. Design elements of vegetative
filter strips include uniform,- s hallow ovQdand flow across the entire filter strip area, hydraulic loading
rate, inlet structures, slope, and vegetative cover. The area should be free of gullies or rills which
can concentrate flow. Vegetative filter stNps are appropriate for small drainage areas with moderate
slopes. Other design elements include the following:
Solis and moisture are adequate to grow relatively dense vegetative stands
Sufficient space is available
Slope Is less than 12%
Y Comparable performance to more expensive structural controls
Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest
management, seasonal mowing and lawn care, routine Inspections, debris and litter removal,
sediment removal, and grass reseeding and mulching.
Constructed Wetlands
Description; Constructed wetlands provide physical, chemical, and biological water quality
Revised April 2, 2007 Page 23 of 32
treatment of stormwater runoff. Physical treatment occurs as a result of decreasing flow velocities in
the wetland, and is present in the form of evaporation, sedimentation, adsorption, and /or filtration.
Chemical processes include chelation, precipitation, and chemical adsorption. Biological processes
include decomposition, plant uptake and removal of nutrients, plus biological transformation and
degradation. Hydrology is one of the most influential factors in pollutant removal due to its effects
on sedimentation, aeration, biological transformation, and adsorption onto bottom sediments.
The wetland should be designed such that a minimum amount of maintenance is required. The
natural surroundings, including such things as the potential energy of a stream or flooding river,
should be utilized as much as possible. The wetland should approximate a natural situation and
unnatural attributes, such as rectangular shape or rigid channel, should be avoided.
Site considerations should include the water table depth, soillsubstrate, and space requirements.
Because the wetland must have a source of flow, it is desirable that the water table Is at or near the
surface. if runoff is the only source of inflow for the wetland, the water level often fluctuates and
establishment of vegetation may be difficult. The soil or substrate of an artificial wetland should be
loose foam to clay. A perennial baseflow must be present to sustain the artificial wetland. The
presence of organic material is often helpful In increasing pollutant removal and retention. A greater
amount of space is required for a wetland system than is required for a detention fall €tytreating the
same amount of area.
Design Considerations: Constructed wetlands can remove over 90% of the total suspended solids
contained within the volume of runoff captured in the wetland. Design elements of constructed
wetlands include wetland sizing, wetland configuration, sediment forebay, vegetation, outflow
structure, depth of inundation during storm events, depth of micropools, and aeration. Constructed
wetlands are appropriate for large drainage areas with low to moderate slopes.
Maintenance Requirements: Maintenance requirements for constructed wetlands Include mowing,
routine Inspections,- debris and litter removal, erosion control, nuisance control, structural repairs,
sediment removal, harvesting, and maintenance of water levels.
Wet Basins
Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a
standing crop of emergent littoral vegetation. These facilities may vary in appearance from natural
ponds to enlarged, bermed (manmade) sections of drainage systems and may function as online or
offline facilities, although offiine configuration is preferable. Offline designs can prevent scour and
other damage to the wet pond and minimize costly outflow structure elements needed to
accommodate extreme runoff events.
During storm events, runoff inflows displace part or all of the existing basin volume and are retained
and treated irl the facility until the next storm event. The pollutant removal mechanisms are settling
of solids, wetland plant uptake, and microblai degradation. When the wet basin is adequately sized,
pollutant removal performance can be excellent, especially for the dissolved. fraction. Wet basins
also help provide erosion protection for the receiving channel by limiting peak flows during larger
storm events. Wet basins are often perceived as a positive aesthetic element in a community and
offer significant opportunity for creative pond configuration and landscape design. Participation. of
an experienced wetland designer is suggested. A significant potential drawback for wet ponds in
arid climates is that the contributing watershed for these facilities is often incapable of providing an
adequate water supply to maintain the permanent pool, especially during the summer months.
Makeup water (i.e., well water or municipal drinking water) is sometimes used to supplement the
Reviscd npri! 2. 2007 Page 24 of 32
rainfall /runoff process, especially for wet basin facilities treating watersheds that generate
insufficient runoff.
Design Considerations: Wet basins can remove over90% of the total suspended solids contained,
within the volume of runoff captured In the basin, Design elements of wet basins include basin
sizing, basin configuration, basin side slopes, sediment forebay, inflow and outflow structures,
vegetation, depth of permanent pool, aeration, and erosion control. Wet basins are appropriate for
large drainage areas with low to moderate slopes.
Maintenance Requirements: Maintenance requirements for wet basins include mowing, routine
inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment
removal, and harvesting.
Grass Swales
Grassy swales are vegetated channels that convey stormwater and remove pollutants by filtration
through grass and infiltration through soil. They require shallow slopes and soils that drain well.
Pollutant removai' capability is related to channel dimensions, longitudinal slope, and type of
vegetation. Optimum design of these'components will Increase contact time of runoff through the
Swale and improve pollutant removal rates.
Grassy swales are primarily stormwater conveyance systems. They can provide sufficient control
under light to moderate runoff conditions, but their ability to control large storms is limited. Therefore,
they are most applicable in low to moderate sloped areas or along highway medians as an
altemative to ditches and curb and gutter drainage. performance diminishes' sharply in highly
urbanized settings, and they are generally not effective enough to receive construction stage runoff
where high sediment loads can overwhelm the system. Grassy swales can be used as a
pretreatment measure for other downstream BMPs, as extended detention basins. Enhanced
grassy swales utilize check dams and wide depressions to increase runoff storage and promote
greater settling of pollutants,
Grassyswales can be more aesthetically pleasing than concrete or rock -iined drainage systems and
are generally less expensive to construct and maintain.. Swales can slightly reduce impervious area
and reduce the pollutant accumulation and delivery associated with curbs and gutters. The
disadvantages of this technique include the possibility of erosion and channelization over time, and
the need for more right -of -way as compared to a storm drain system. When properly constructed,
inspected, and maintained, the life
expectancy of a swale is estimated to be 20 years.
Design Considerations:
Comparable performance to wet basins
Limited to treating a few acres
Availability of water during dry periods to maintain vegetation
Sufficient available land area
The suitabilityof a Swale at a site will depend on land use, size of the area serviced, soil type, slope,
imperviousness of the contributing watershed, and dimensions and slope of the swale system. In
Revised April 2, 2007 Page 25 of 32-
general, swales can be used to serve areas of less than 10 acres, with slopes no greater than 5
The seasonal high water table should be at least 4 feet below the surface. Use of natural
topographic lows is encouraged, and natural drainage courses should be regarded as significant
local resources to be kept in use.
Maintenance Requirements:
Research in the Austin area indicates that vegetated controls are effective at removing pollutants
even when dormant. Therefore, irrigation is not required to maintain growth during dry periods, but
may be necessary only to prevent the vegetation from dying.
Vegetation Limed Drainage Ditches
Vegetation lined drainage ditches are similar to grassy swales. These drainage ditches are
vegetated channels that convey storm water and remove pollutants by filtration through grass and
infiltration through soil. They require soils that drain well. Pollutant removal capability is related to
channel dimensions, longitudinal slope, and type of vegetation. Optimum design of these
components will increase contact time of runoff through the ditch and improve pollutant removal
rates. Vegetation lined drainage ditches are primarily storm water conveyance systems. They have
vegetation lined in the low flow channel and may include vegetated shelves.
Vegetation in drainage ditches reduces.eros €on and removes pollutants by lowering water velocity
over the soil surface, binding soil particles with roots, and by filtration through grass and infiltration
through soil. Vegetation lined drainage ditches can be used where:
A vegetative lining can provide sufficient stability for,the channel grade by increasing maximum
permissible velocity
Slopes are generally less than 5 with protection from sheer stress as needed through.the use of
BMPs, such as erosion control blankets
Site conditions required to establish vegetation, Le. climate, soils, topography, are present
Design Criteria: The suitability of a vegetation lined drainage ditch at a site will depend on land
use, size of the area serviced, soli type, slope, imperviousness of the contributing watershed, and
dimensions and slope of the ditch system. The hydraulic capacity of the drainage ditch and other
elements such as erosion, siltation, and pollutant removal capability, must be taken into
consideration. Use of natural topographic lows is encouraged, and natural drainage courses should
be regarded as significant iocal resources to be kept in use. Other items to consider include the
following:
Capacity, cross section shape, side slopes, and grade
Select appropriate native vegetation
Construct in stable, low areas to conform with the natural drainage system. To reduce erosion
potential, design the channel to avoid sharp bends and steep grades.
Design and build drainage ditches with appropriate scour and erasion protection. Surface
water should be able to enter over the vegetated banks without erosion occurring.
Revi$ed April 2, 2007 Page 26 of 32
BMFs, such as erosion control blankets, may need to be installed at the time of seeding to
provide stability until the vegetation is fully established. It may also be necessary to divert water
from the channel until vegetation is established or to line the channel with sod.
Vegetated ditches must not be subject to sedimentation from disturbed areas.
a Sediment traps may be needed at channel inlets to prevent entry of muddy runoff and channel
sedimentation.
Availability of water during dry periods to maintain vegetation
a Sufficient available land area
Maintenance:
During establishment, vegetation lined drainage ditches should be inspected, repaired, and
vegetation reestablished if necessary. After the vegetation has become established, the ditch
should be checked per €odically to determine if the channel is withstanding flow velocities without
damage. Check the ditch for debris, scour, or erosion and immediately make repairs if needed.
Check the channel outlet and all road crossings for bank stability and evidence of piping or scour
holes and make repairs immediately. Remove all significant sediment accumulations to maintain
the designed carrying capacity. Keep the vegetation in a healthy condition at all times, since it is
the primary, erosion protection for the channel. Vegetation lined drainage ditches should be
seasonally maintained by mowing or irrigating, depending on the vegetation selected. The long-
term management of ditches as stable, vegetated, "natural" drainage systems with native'
vegetation buffers is highly recommended due to the inherent stability offered by grasses,
shrubs, trees, and other vegetation.
Research in the Austin area indicates that vegetated controls are effective at removing pollutants
even when dormant. Therefore, €rrigation is not required to maintain growth during dry periods, but
may be necessary only to prevent vegetation from dying.
Sand Filter Systems
The objective of sand filters is to remove sediment and the pollutants from the first flush of
pavement and impervious area runoff. The filtration of nutrients, organics, and coliform bacteria is
enhanced by a mat of bacteria[ slime that develops during normal operations. one of the main
advantages of sand filters Is their adaptability; they can be used on areas with thin soils, high
evaporation rates, low -soil Infiltration rates, in limited -space areas, and where groundwater is to be
protected.
Since their original inception in Austin, Texas, hundreds of intermittent sand filters have been
implemented to treat stormwater runoff. There have been ,numerous alterations or variations in the
original design as engineers in other jurisdictions have improved and adapted the technology to
meet their specific requirements. Major types include the Austin Sand Filter, the District of Columbia
Underground Sand Filter, the Alexandria DryVault Sand Filter, the Delaware Sand Filter,'and peat
'i sand filters which are adapted to provide a sorption layer and vegetative cover to various sand filter
i designs
r
d
r
Revised April 2, 2007 Page 27 of 32
.Design Considerations:
Appropriate for space limited areas
Applicable, in arid climates where wet basins and constructed wetlands are not appropriate
High TSS removal efficiency
Cost Considerations:
Filtration Systems may require less land than some other BMPs, reducing the land acquisition
cost; however the structure itself is one of the more expensive BMPs. In addition, maintenance
cost can be substantial.
Erosion Control Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical
sites during the establishment period of protective vegetation. The most common uses are on steep
Slopes, swales, diversion dikes, and on tidal or stream banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas Department of
Transportation (TNDOT) has established minimum performance standards which must be met for
any products seeking to be approved for use within any of TXDOT`S construction or maintenance
activities. Material used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TOOT specifications. TxDOT maintains a
website at h6 /www;dot. state. tx. us /des/ landscape /composVspedifiicaUons.htm that provides
information on compost specification data. This website also contains information on areas where
the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost
products.
ECC' used for projects not related to TxDOT should also be of quality materials by meeting
performance standards and compost specification data. To ensure the quality of compost used as
an ECC, products should meet all applicable state and federal regulations, including but not limited
to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations
(CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation
Commission (now. named TCEQ) Health and Safety Regulations as defined in the Texas
Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products
outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC
Chapter 332, Including Sections §332,79 Sampling and Analysis Requirements for Final Products
and §332.72 Final Product. Grades. Compost specification 'data approved by TXDOT are
appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the Intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost' (TMECC) should be conducted on
compost products used for ECC to ensure that the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality composts that meet
Revised April 2, 2007 Page 28 of 32
analytical standards. TMECC is a laboratory manual that provides protocols for the composting
Industry and test methods for compost analysis. TMECC provides protocols to sample,-monitor, and
analyze materials during all stages of the composting process. Numerous parameters that might be
of concern in compost can be tested by following protocols or test methods listed in TMECC:
TMECC information can be found at http:/ /Www.tmeco.org /tme.oc/index.html. The USCC Seal of
Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at htfp; /tmecc.org /sta /STA program_description.html.
Installation:
Install in accordance with current TOOT specification.
Use on slopes 3:9 or flatter.
Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed
When rolling is specified, use a light corrugated drum roller.
Mulch 'Filter B erms and Socks
Description: Mulch filter berms and socks are used to Intercept and detain sediment laden run -off
from unprotected areas. When property used, mulch filterberms and socks can be highly effective at
controlling sediment from disturbed areas. They cause runoff to pond which allows heaviersolids to
setfie. Mulch filter berms and socks are used during thb period of construction near the perimeter of
a disturbed area to Intercept sediment while allowing ►"water to percolate through. Tha berm or sock
should remain in place until the area is permanently stabilized. Mulch fitter berms should not be
used when there is a concentration of water In a channel or drainage way. If concentrated flows
occur after installation, corrective action must be taken. Mulch filter socks may be installed in
,construction areas and temporarily moved during the day to allow construction activity provided it is
replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded
to allow for quick vegetative growth and reduction in run -off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any of TOOT's construction or
maintenance activities. Mulch filter berms and socks used within any TxDOT construction or
maintenance activities must meet material specifications in accordance with current TxDOT
-specifications. TOOT maintains a website at
http /Iwww.dot. state. tx. us /des/ landscape /compost(specifiications.htm that provides information on
compost specification data. This website also contains Information on areas where the Texas
Cornmissiori on Environmental Quality (TCEQ) restricts the use.of certain' compost products.
Mulch filter berms and socks used for projects not related to TOOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
of compost used for mulch filter berms and socks, products should meet all applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CPR), Title 40, Part 503 Standards for Class A b €osolids and
Texas Natural Resource Conservation Commission (now named TCEQ )Health and Safety
Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all otherrelevant
Revised April 2, 2007 Page 29 Qf 32
requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by
the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis
Requirements for Final Products and §332.72 Final Product Grades. Compost specification data
approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for
guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United States composting Council (USCG) Test
Methods for the Examination of Composting and Compost (TMEGC) should be conducted on
compost products used for mulch fiiter berms and socks to ensure that the products used will not
impact public health, safety, and the environment and to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process,
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed in TMECC. TMECC information can be found at
http:// www.tmecc.org /tmecc /index,htrnl. The USCC Seal of Testing Assurance (STA) program
contains Information regarding compost STA certification, STA program information can be found at
http
installation:
Install in accordance with current TxDOT specification.
Mulch filter berms should be constructed at 1 -1/2 feet high and 3 foot wide at locations shown on
plans.
Routinely Inspect and maintain filter berm in a functional condition at all times. Correct
deficiencies immediately. install additional filter berm material as directed. Remove sediment
after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as
directed.
Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should
be designed to allow for proper percolation through.
Compost Filter Berms and Socks
Descriptlon: Compost filter berms and socks are used to intercept and detain sediment laden run-
off from unprotected areas. When properly used, compost filter berms and socks can be highly
effective at controlling sediment from disturbed areas. They cause runoff to pond which allows
heavier solids to settle. Compost filter berms and socks are used during the period of construction
near the perimeter of a disturbed area to 'intercept sediment while allowing water to percolate
through. The berm or sock should remain in place until the area is permanently stabilized-Compost
fitter berms should notbe used when there is a concentration of water In a channel or drainage way,
If concentrated flows occur after installation corrective action must be taken. Compost filter socks
may be installed in construction areas and temporality moved during the day to allow construction
activity provided it Is replaced and properly anchored at the end of the day. Compost filter berms and
socks may be seeded to allow for quick vegetative growth and reduction in run -off velocity,
Materials
Revised April 7. 2007 Page 30 of 32
New types of compost filter berms and socks are- contlnuousfy being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any of TxDOT's construction or
maintenance activities, Compost filter berms and socks used within any TO OT construction or
maintenance activities must meet material specifications in accordance with TOOT specification
1059, TOOT maintains. a website at
htf p: /www: dot state tx. us des landscape /compost(speciflcations.htm that provides information on
compost specification data. This website also contains information on areas where the Texas
Commission on Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards-and compost specification data. To ensure the quality
of compost used as compost filter berms and socks, products should meet all applicable state and
federal regulations, Including but not limited to the United States Environmental Protection Agency
(U SEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosofids and
Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety
Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant
requirements forcompost products outlined in TAC, Chapter332. Testing requirements required by
the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis
Requirements for Final Products and §332.72 Final Product Grades. Compost specification data
approved by TOOT are appropriate to use for ensuring the use of quality compost materials or for
guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCG) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for compost filter berms and socks to ensure that the products used will not
Impact public health, safety, and the enviro�rtment and to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
Protocols for the composting industry and test methods for compost analysis. TMECC provides,
Protocols to sample, monitor, and analyze rnat®rlals during all stages of the composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed in TMECC. TMECC Information can be found at
http:/ /www.tmece.org /tmeccrndex.html. The USCG Seal of Testing Assurance (STA) program
contains informatioh regarding compost STA certification. STA program information can be found at
hft p://tmeco org/sta/STA—program—description.html.
lnstaflation:
Install in accordance with TxDOT Special Specification 1059
Compost filter berms shall be constructed at 1 -1/2 feet high and 3 foot wide at locations shown
on plans,
Routinely inspect and maintain filter berm in a functional condition at all times. Correct
.deficiencies immediately, Install additional filter berm material as directed. Remove sediment
after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as
directed,
revised AprP 2, 2007 Page 31 of 32
Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed, Sock materials shall be
designed allowing for proper percolation through.
Sedimentation Chambers (Only to be used when there Is nos ace available for other
approved DMP's)
Description: Sedimentation chambers are stormwater treatment structures that can be used
when space is limited such as urban settings, These structures are often tied into stormwater
drainage systems for treatment of stormwater prior to entering state waters. The water quality
benefits are the removal of sediment and buoyant materials. These structures are not designed
as a catch basin or detention basin and not typically used for floodwater attenuation,
Design Considerations: Average rainfall and surface area should be considered when
following manufacturer's recommendations for chamber sizing and/or number of units needed to
achieve effective TSS removal, If property sized, 50 -80% removal of TSS can be expected.
Maintenance Requirements: Maintenance requirements include routine inspections, sediment,
debris and litter removal, erosion control and nuisance control.
Rcviscd April 2, 2007 Page 32 of 32