TABLE OF CONTENTS SECTION 1 - TRANSPORTATION NETWORK INTERSTATE AVAILABILITY (MAP): TEXAS INTERSTATE HIGHWAYS TEXAS SOUTH LOOP 9 PROJECT (AERIAL PHOTO): PROPOSED ROUTE (TXDOT MAJOR ROADWAY) TEXAS SOUTH LOOP 9 PROJECT (AERIAL PHOTO): I-35E TO I-45 (TXDOT MAJOR ROADWAY) FM 664/ OVILLA ROAD (AERIAL PHOTO): IMPROVEMENTS & WIDENING (TXDOT MAJOR ROADWAY) AIR TRAVEL (MAP): NORTH AMERICAN COUNTRIES TEXAS RAILWAY (MAP): BNSF & UNION PACIFIC ROUTES TEXAS PORTS OF AUTHORITY (MAP): FAST FACTS: TEXAS GULF PORTS SECTION 2 - SITE INFORMATION STATE OF TEXAS (MAP): CITY OF RED OAK IDENTIFIED STRATEGIC LOCATION (AERIAL PHOTO): NORTH CENTRAL TEXAS REGION (CITY OF RED OAK IDENTIFIED) ELLIS COUNTY, TEXAS (MAP): CITY OF RED OAK IDENTIFIED PROPERTY DESCRIPTION (AERIAL PHOTO): CURRENT ZONING AND FUTURE PLANNED ZONING SECTIONS 1 3: PROPERTY SURVEY & FIELD NOTES DESCRIPTION o SECTION 1: PROPERTY SURVEY AND FIELD NOTES (74.917 ACRES) o SECTION 2A: PROPERTY SURVEY AND FIELD NOTES (92.0039 ACRES) o SECTION 2B: PROPERTY SURVEY AND FIELD NOTES (110.4113 ACRES) o SECTION 3: PROPERTY SURVEY AND FIELD NOTES (100.4145 ACRES)
TABLE OF CONTENTS SECTION 2 - SITE INFORMATION - CONTINUED EXISTING TRANSPORTATION INFRASTRUCTURE: SITE INGRESS & EGRESS, INTERSTATE ROUTES, RAIL EXISTING INFRASTRUCTURE (MAP): TRANSPORTATION, WATER, WASTE WATER, ELECTRICITY, NATURAL GAS EXISTING WATER UTILITIES INFRASTRUCTURE (AERIAL & MAP): WATER UTILITIES & INFRASTRUCTURE EXISTING WASTE WATER UTILITIES INFRASTRUCTURE (MAP): WASTE WATER UTILITIES & INFRASTRUCTURE EXISTING ELECTRICAL UTILITIES INFRASTRUCTURE (AERIAL PHOTO): SUBSTATION AND TRANSMISSION LINE EXISTING AT&T INFRASTRUCTURE (MAPS): NWQ TX STATE HIGHWAY 342 & FM 664/OVILLA ROAD & VICINITY EXISTING NATURAL GAS INFRASTRUCTURE (MAP): TEXAS STATE HIGHWAY 342 & FM 664/OVILLA ROAD & VICINITY PROPOSED UTILITIES & INFRASTRUCTURE (MAP): PLANNED IMPROVEMENTS FIRM FLOOD INSURANCE RATE (MAP): PANEL 0075F (ELLIS COUNTY, TEXAS) USGS TOPOGRAPHIC MAP: SITE TOPOGRAPHY & CONTOUR LINES (SECTIONS 1-3 IDENTIFIED) o USGS TOPOGRAPHIC AERIAL PHOTO: SITE TOPOGRAPHY & CONTOUR LINES (SECTIONS 1-3 IDENTIFIED) GEOTECHNICAL DATA (MAP): SOIL SURVEY (SECTIONS 1 3) SITE DEVELOPMENT ANALYSIS: SECTIONS 1 3 o 404 DELINEATION (CLEAN WATER ACT) o SECTION 1 (100 YEAR FLOODPLAIN) o SECTION 2 (100 YEAR FLOODPLAIN) o SECTION 3 (100 YEAR FLOODPLAIN) o USACE PERMITTING
TRANSPORTATION NETWORK
INTERSTATE AVAILABILITY INTERSTATE 35 E. 2 MINUTES I 35E: I 20: I 45: I 30: 1.4 MILES / 2 MINUTES 8 MILES / 10 MINUTES 9 MILES / 15 MINUTES 28 MILES / 24 MINUTES I 35W: 43 MILES / 43 MINUTES I 10: 228 MILES / 3 + HOURS I 110: 642 MILES / 9 HOURS 7 INTERSTATE HIGHWAYS WITHIN 9 HOURS!
TXDOT HIGHWAY IMPROVEMENTS FM 664/OVILLA ROAD S. LOOP 9 (SOURCE: ECONOMIC DEVELOPMENT DEPARTMENT. CITY OF RED OAK, TEXAS. 2019)
SOUTH LOOP 9 ROUTE PROPOSED ROUTE PROPOSED SITE 9.5 MILE SECTION PROPOSED S. LOOP 9 ROUTE SOUTHEAST CORRIDOR MIDDLE REGION TXDOT PROJECT THE PLANNED SOUTH LOOP 9 IS A STATE OF TEXAS HIGHWAY THAT WILL BE LOCATED ALONG THE SOUTHERN DALLAS COUNTY AND NORTHERN ELLIS COUNTY LINES. THE SECTION OF LOOP 9 CONNECTING I 45 (TO THE EAST) WITH I 35 (TO THE WEST) WILL BE APPROXIMATELY 9.5 MILES IN LENGTH. THIS 9.5 MILE SECTION WILL BE LOCATED IMMEDIATELY TO THE NORTH OF THE PROPOSED INDUSTRIAL PROPERTY.
SOUTH LOOP 9 ROUTE PROPOSED ROUTE SOUTH LOOP 9 PROPOSED ROUTE S. E. CORRIDOR (MIDDLE REGION) PROPOSED SITE PROPOSED SITE LOOP 9: PROJECT INFORMATION First Section from I 35E to I 45 (Approximately 9.5 Miles in Length) Six lane new location frontage road system between I 35E and I 45 through Dallas and Ellis counties, Texas. (Source: Texas Department of Transportation. Dallas District Office. August 1, 2017)
TEXAS S. LOOP 9 CONNECTS I-35E TO I-45 PROPOSED SITE SOUTH LOOP 9 R-O-W ACQUISITION IN PROGRESS TXDOT HAS FUNDED S. LOOP 9 CONSTRUCTION
FM 664 / OVILLA ROAD PROPOSED SITE PROPOSED Proposed Proposed SITE Site Site OVILLA ROAD/ FM 664 FM 664/Ovilla Road, a major access road for northern Ellis County, extends from I 45 (to the east) to US 287 (to the west). Phase 1: FM 664/Ovilla Road is in the process of being widened and improved to six lane, divided highway extending westward from I 35 to Westmoreland Road. Phase 2: FM 664/Ovilla Road will be improved and widened to a six lane divided highway extending eastward from SH 342 (Project proposed site location) to I 45.
FM 664 / OVILLA ROAD CONNECTS US 287 WITH I-45 Proposed Proposed Site Site FM 664 SEGMENT I 35E TO S. WESTMORELAND ROAD NOW UNDER CONSTRUCTION: 440 DAYS TIME FROM OCTOBER 1, 2018 FM 664 SEGMENTS ARE IN THE DESIGN & PUBLIC APPROVAL PHASE TXDOT HAS FUNDED CONSTRUCTION (SOURCE: ECONOMIC DEVELOPMENT DEPARTMENT. CITY OF RED OAK, TEXAS. 2019)
AIR TRAVEL WORLDWIDE ACCESSIBILITY 191 WORLDWIDE DESTINATIONS D/FW AIRPORT 38 MILES / 39 MINS. 191 DESTINATIONS WORLDWIDE 55 GATES 20 PASSENGER AIRLINES 7 RUNWAYS WORLD RANKINGS: 4 TH - OPERATIONS 8 TH - PASSENGERS 4 HOURS TO EAST & WEST COASTS: 50 MILLION PEOPLE & 70 + MAJOR MARKETS WITHIN 24 HOURS DALLAS LOVE 24 MILES / 26 MINS. 10 MAJOR US DESTINATIONS 19 GATES 2 TERMINALS 4 PASSENGER AIRLINES 8 MILLION PASSENGERS PER YEAR
TEXAS RAILWAY MAP BNSF & UNION PACIFIC ROUTES TEXAS RAILWAY MAP BNSF & UNION PACIFIC ROUTES UNION PACIFIC BNSF (SOURCE: TEXAS ECONOMIC DEVELOPMENT. OFFICE OF THE GOVERNOR. STATE OF TEXAS)
TEXAS PORTS OF AUTHORITY FAST FACTS: TEXAS GULF COAST PORTS HANDLE 550 + MILLION TONS OF FOREIGN & DOMESTIC CARGO ANNUALLY = 20 % OF ALL U.S. PORT TONNAGE. ANNUALLY GENERATE $270 BILLION IN ECONOMIC ACTIVITY & $6 BILLION IN STATE & LOCAL TAXES (SOURCE: THE TEXAS PORTS ASSOCIATION) SEVEN (7) TEXAS PORTS RANK IN THE TOP 50 U.S. PORTS IN ANNUAL TONNAGE INCLUDING: HOUSTON (2 ND ) BEAUMONT (6 TH ) CORPUS CHRISTI (7 TH ) TEXAS CITY (11 TH ) (SOURCE: TEXAS DEPARTMENT OF TRANSPORTATION) PORT OF GALVESTON RANKED 4 TH LARGEST U.S. CRUISE MARKET BASED ON EMBARKATION: 863,000 + PASSENGERS AND CREW (2012) (SOURCE: U.S. DEPARTMENT OF TRANSPORTATION) Will Whitehouse Senior Trade Development Manager E: wwhitehouse@poha.com PortHouston.com O: 713.670.2582 F: 713.670.2564 M: 281.210.4910 111 East Loop North Houston, Texas 77029
SITE INFORMATION
STATE of TEXAS
STRATEGIC LOCATION! NORTH CENTRAL TEXAS REGION LOCATION, LOCATION, LOCATION! DALLAS: 18 MILES (N) FT. WORTH: 42 MILES (NW) I 35E: 1.4 MILES / 2 MINUTES I 20: 8 MILES/ 10 MINUTES I 45: 9 MILES/ 15 MINUTES I 30: 28 MILES/ 24 MINUTES I 35W: 43 MILES/ 43 MINUTES 5 INTERSTATE HIGHWAYS WITHIN 43 MILES / 43 MINUTES!
ELLIS COUNTY, TEXAS Tarrant County Dallas County RED OAK, TEXAS
PROPERTY DESCRIPTION PROPERTY ZONING 1 2A INDUSTRIAL PROPERTY 3 2B 375 + TOTAL ACRES IMMEDIATELY AVAILABLE SECTIONS 1 3: WALTON GLOBAL HOLDINGS 151.5 ACRES TO BE ZONED INDUSTRIAL: ~90 DAYS TIME REQUIRED
SECTION 1 SURVEY & FIELD NOTES SECTION 1 (ROIDC) 74.917 ACRES AVAILABLE
SECTION 2A SURVEY & FIELD NOTES SECTION 2A (ROIDC) 110.4113 ACRES AVAILABLE
SECTION 2B SURVEY & FIELD NOTES SECTION 2B (ROIDC) 92.0039 ACRES AVAILABLE
SECTION 3 SURVEY & FIELD NOTES SECTION 3 (ROIDC) 100.4145 ACRES AVAILABLE
UTILITIES & INFRASTRUCTURE
TRANSPORTATION INFRASTRUCTURE SITE INGRESS & EGRESS, INTERSTATE ROUTES, RAIL I 35E: 1.5 MILES I 20: 8.0 MILES FM 664: ADJACENT SH 342: ADJACENT BNSF/UP RAIL: ADJACENT UP INTERMODAL: 6.9 MILES (NE) Z SITE INGRESS & EGRESS POINTS US 287: 10.4 MILES D/FW AIRPORT: 38 MILES/39 MINS. DALLAS LOVE: 24 MILES/26 MINS.
EXISTING UTILITIES & INFRASTRUCTURE
UTILITY INFRASTRUCTURE MAP EXISTING INFRASTRUCTURE 1 2A EXISTING INFRASTRUCTURE 3 2B HIGHWAYS: 5 INTERSTATES < 45 MINS. TEXAS SH 342 FM 664 (OVILLA RD.) RAIL (ADJACENT): UNION PACIFIC- OPERATOR BNSF - OWNER WATER: 36 MAIN & 12 MAIN NATURAL GAS: 6 TRANSMISSION ELECTRICITY: 138kV TRANSMISSION MAIN ELECTRIC SUBSTATION: 47 MVA TRANSFORMERS (2 EA.) WASTEWATER: 15 18 GRAVITY FLOW
EXISTING WATER UTILITIES
EXISTING WATER UTILITIES 1 2A 3 2B
EXISTING WATER UTILITIES 1 2A 2B 3
EXISTING WASTE WATER UTILITIES
PROPOSED SITES 1 3 2A 2B WALTON GLOBAL HOLDINGS 151.5 ACRES 1 2A PROPOSED SITES 3 2B WALTON GLOBAL HOLDINGS 151.5 ACRES EXISTING WASTE WATER UTILITIES
EXISTING ELECTRICAL UTILITIES
1 2A 3 2B WALTON GLOBAL HOLDINGS 151.5 ACRES EXISTING ELECTRICAL UTILITIES
EXISTING AT&T INFRASTRUCTURE
AT&T INFRASTRUCTURE NWC FM 664 & TX STATE HWY 342 It is AT&T s current policy to supply copper and fiber to all new buildings that have a reasonable expectation to order a fiber circuit. So once we have a plat, for a building to begin, then we will start a job to supply that building with our facilities. Thanks, James Wehunt Mgr OSP Plng & Engrg Design AT&T Texas 2513 W E Roberts ST Grand Prairie, TX 75051 (972) 660 0372 Jw2464@att.com WALTON GLOBAL HOLDINGS 151.5 ACRES
AT&T INFRASTRUCTURE FM 664 & THOUSTON SCHOOL ROAD It is AT&T s current policy to supply copper and fiber to all new buildings that have a reasonable expectation to order a fiber circuit. So once we have a plat, for a building to begin, then we will start a job to supply that building with our facilities. Thanks, James Wehunt Mgr OSP Plng & Engrg Design AT&T Texas 2513 W E Roberts ST Grand Prairie, TX 75051 (972) 660 0372 Jw2464@att.com FM 664/ OVILLA ROAD
EXISTING NATURAL GAS INFRASTRUCTURE
EXISTING NATURAL GAS INFRASTRUCTURE TEXAS STATE HWY 342 WALTON GLOBAL HOLDINGS 151.5 ACRES NATURAL GAS PROVIDER PROXIMITY OF NATURAL GAS LINE TO SITE SIZE (OR CAPACITY) OF NATURAL GAS LINE TO SITE PRESSURE OF THE NATURAL GAS LINE AT THE SITE. GATEWAY ENERGY OF RED OAK ADJACENT TO SITE (EASTERN PROPERTY LINE) EXISTING 6 LINE TRANSPORTS NATURAL GAS AT ~550 PSI EXISTING 6 LINE TRANSPORTS NATURAL GAS AT ~550 PSI
PROPOSED UTILITIES & INFRASTRUCTURE IMPROVEMENTS
UTILITY INFRASTRUCTURE PROPOSED IMPROVEMENTS ROIDC 74.917 ACRES SECTION 1 SECTION 2A SECTION 2B PROPOSED INFRASTRUCTURE IMPROVEMENTS 4 LANE MAJOR CONNECTOR ROADWAY (DIRECT CONNECTION TO FM 664) FULL ACCESS ROADWAY DIRECT CONNECTION TO SH 342 EXISTING ONCOR ELECTRIC SUBSTATION 2 x 47 MVA XFMRs SECTION 3 Proposed Rail Spur On site (EXISTING BNSF CROSSING TO BE UPGRADED) REGIONAL SANITARY SEWER SYSTEM (CONNECTS TO BEAR CREEK LIFT STATION) 16 WATER LINE (CONNECTS TO McKENNA PUMP STATION ROCKETT SUD) EXISTING ONCOR 138 Kv Z SITE INGRESS & EGRESS POINTS
FIRM MAP INDUSTRIAL PROPERTY & VICINITY INDUSTRIAL PROPERTY 375 + TOTAL ACRES SECTIONS 1 3
USGS TOPOGRAPHIC SITE MAP TOPOGRAPHY & CONTOUR LINES SECTION 1 SECTION 2A TOPOGRAPHY & CONTOUR LINES SECTION 3 SECTION 2B SECTION 1: 630 610 SECTION 2A 2B: 600 560 SECTION 3: 640 610
USGS TOPOGRAPHIC SITE MAP TOPOGRAPHY & CONTOUR LINES SECTION 1 SECTION 3 SECTION 2A SECTION 2B TOPOGRAPHY & CONTOUR LINES SECTION 1: 630 610 SECTION 2A 2B: 600 560 SECTION 3: 640 610
GEOTECHNICAL DATA SOIL SURVEY DATA & MAP SECTION 1 97.917 ACRES SECTION 2A 110.411 ACRES SECTION 2B 92.004 ACRES SECTION 3 100.415 ACRES WALTON GLOBAL HOLDINGS 151.5 ACRES
SITE DEVELOPMENT & ANALYSIS
404 DELINEATION SECTION404OFTHECLEANWATERACTESTABLISHEDAPROGRAMTOREGULATETHE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES, INCLUDING WETLANDS. THE PROGRAM IS JOINTLY ADMINISTERED BY THE U.S. ARMY CORPS OF ENGINEERS (CORPS OR USACE) AND THE ENVIRONMENTAL PROTECTION AGENCY (EPA). A DESKTOP REVIEW WAS CONDUCTED. A DESKTOP REVIEW INVOLVES REVIEW OF READILY AVAILABLE ONLINE MAPPING TO REASONABLY APPROXIMATE ANY POTENTIAL WATERS OF THE U.S. USGS TOPOGRAPHIC MAPS HAVE BEEN REVIEWED ALONG WITH USDA SOILS MAPS, AERIAL PHOTOGRAPHY, FEMA FIRMETTEMAPS AND THE NATIONAL WETLANDS INVENTORY MAPS TO ARRIVE AT THE FOLLOWING CONCLUSIONS FOR EACH TRACT: (Source: Kimley Horn & Associates. Industrial Property Study. June 2015)
SITE DEVELOPMENT ANALYSIS SECTION 1 SECTION 1 NO PORTION OF SECTION 1 ( TRACT 1 ) APPEARS TO BE WITHIN THE DESIGNATED 100 YEAR FLOODPLAIN. THERE IS ALSO NO INDICATION THAT AQUATIC FEATURES THAT HAVE THE POTENTIAL TO BE WATERS OF THE U.S. ARE PRESENT ON TRACT 1. SECTION 1 BASED ON THIS REVIEW WE FEEL THAT DEVELOPMENT CAN OCCUR ON TRACT 1 WITHOUT INITIATING USACE COORDINATION OR PERMITTING. (Source: Kimley Horn & Associates. Industrial Property Study. June 2015)
SITE DEVELOPMENT ANALYSIS SECTION 2 SECTION 2 SECTION 2 NO PORTION OF TRACT 2 APPEARS TO BE WITHIN THE DESIGNATED 100 YEAR FLOODPLAIN. THERE IS INDICATION HOWEVER THAT AQUATIC FEATURES THAT HAVE THE POTENTIAL TO BE WATERS OF THE U.S. ARE PRESENT, IN THE FORM OF TWO MAPPED STREAM CHANNELS. RECENTANDHISTORICAERIALS,ASWELLASTHEUSGSTOPO MAP AND NATIONAL HYDROGRAPHIC DATABASE, SHOW AN UN NAMED TRIBUTARY TO BEAR CREEK BEGINNING NEAR THE SOUTHWESTERN EDGE OF TRACT 2 AND FLOWING TO THE NORTHEAST. THIS MAPPED STREAM CHANNEL FLOWS OFF SITE THROUGH BOX CULVERTS PLACED UNDER THE ADJACENT RAILROAD TRACKS AND SH 342. A SECOND STREAM APPEARS TO ORIGINATE IN THE WALTON TRACT AND FLOWS NORTH TO MERGE WITH THE FIRST IDENTIFIED STREAM IN THE MIDDLE OFTRACT2.ITISLIKELYTHATTHESESTREAMREACHESAREOF AN EPHEMERAL HYDROLOGIC REGIME. THE READILY AVAILABLE MAPPING DOES NOT INDICATE THE LIKELY PRESENCE OF ADJACENT OR FRINGE WETLANDS. IT IS OUR OPINION THAT THESE UN NAMED REACHES TO BEAR CREEK WOULD BE CONSIDERED WATERS OF THE U.S. BASED ON THIS REVIEW WE RECOMMEND A SITE VISIT BY A QUALIFIED WETLAND SCIENTIST TO MAKE OBSERVATIONS ON TRACT 2 AND COORDINATE WITH THE USACE IF DETERMINED NECESSARY. IF THESE REACHES ARE CONFIRMED TO BE WATERS OF THE U.S., IMPACTS COULD BE PERMITTED AS DETAILED IN THE USACE PERMITTING SECTION BELOW. (Source: Kimley Horn & Associates. Industrial Property Study. June 2015)
SITE DEVELOPMENT ANALYSIS SECTION 3 SECTION 3 SECTION 3 NO PORTION OF SECTION 3 ( TRACT 3 ) APPEARS TO BE WITHIN THE 100 YEAR FLOODPLAIN. THERE IS INDICATION HOWEVER THAT AQUATIC FEATURES THAT HAVE THE POTENTIAL TO BE WATERS OF THE U.S. ARE PRESENT ON THE SITE, IN THE FORM OF A POSSIBLE STREAM CHANNEL AND KNOWN IMPOUNDMENT. RECENT AND HISTORIC AERIALS, AS WELL AS THE USGS TOPO MAP AND NATIONAL HYDROGRAPHIC DATABASE, SHOW A POSSIBLE UN NAMED TRIBUTARY TO BEAR CREEK BEGINNING NEAR THE SOUTHERN EDGE OF THE SITE AND FLOWING TO THE NORTHEAST. THIS POSSIBLE STREAM CHANNEL FLOWS OFF SITE THROUGH A THICK CANOPY OF TREES. IT IS LIKELY THAT THIS DRAINAGE FEATURE WOULD BE CONSIDERED AN UPLAND DITCH OR SWALE AND WOULD NOT BE CONSIDERED WATERS OF THE U.S. UNDER THE CURRENT GUIDANCE. A SITE VISIT SHOULD BE CONDUCTED TO VERIFY THE CURRENT STATE OF THIS DRAINAGE AND THE PROPER CATEGORIZATION OF THESE FEATURES. READILY AVAILABLE MAPPING ALSO INDICATES A SMALL IMPOUNDMENT OR UPLAND TANK LOCATED NEAR THE SOUTHERN BOUNDARY OF THE SITE. IT IS LIKELY THAT THIS IS AN UPLAND STOCK TANK, HISTORICALLY USED FOR AGRICULTURAL PURPOSES AND WOULD BE CONSIDERED ISOLATED UNDER CURRENT GUIDANCE AND NOT WATERS OF THE US. (Source: Kimley Horn & Associates. Industrial Property Study. June 2015)
SITE DEVELOPMENT ANALYSIS SECTION 4 SECTION 4 SECTION 4 TO SUMMARIZE THE DELINEATION, TWO TRIBUTARIES WERE IDENTIFIED WITHIN THE PROJECT SITE. BASED ON THE JUNE 2007 GUIDANCE, IT IS IES PROFESSIONAL OPINION THAT THE USACE WOULD DETERMINE THAT TRIBUTARY 1 AND TRIBUTARY 2 WOULD MEET A DEFINITION OF A WATER OF THE UNITED STATES. THIS OPINION IS BASED ON THE FEATURES LOCATION WITHIN THE LANDSCAPE AND THE HISTORIC EVIDENCE OF THE PREVIOUSLY EXISTING FEATURE WITHIN THE PROJECT SITE. AS SUCH, TRIBUTARY 1 AND TRIBUTARY 2 WOULD BE CONSIDERED A WATER OF THE UNITED STATES AND DISCHARGES INTO THIS CHANNEL WOULD BE REGULATED UNDER SECTION 404 OF THE CWA. THIS DELINEATION IS BASED ON PROFESSIONAL EXPERIENCE IN THE APPROVED METHODOLOGY AND FROM EXPERIENCE WITH THE USACE FORT WORTH DISTRICT REGULATORY BIOLOGISTS; HOWEVER, THIS DELINEATION DOES NOT CONSTITUTE A JURISDICTIONAL DETERMINATION OF WATERS OF THE UNITED STATES. ONLY THE USACE CAN MAKE THE FINAL JURISDICTIONAL DETERMINATION, WHICH CAN BE BASED ON THE PROFESSIONAL OPINIONS PRESENTED IN THIS REPORT. (Source: Integrated Environmental Solutions, LLC. Waters of the US Determination Study. November 2014)
USACE PERMITTING IF PROPOSED ACTIVITIES CONDUCTED ON TRACT 2 OR 3 DO NOT IMPACT WATERS OF THE US, NO PERMIT OR COORDINATION WITH THE CORPS WOULD BE REQUIRED. HOWEVER, IF THE STREAMS ARE CONFIRMED TO BE WATERS OF THE US AND IMPACTS ARE PROPOSED, POTENTIAL CORPS PERMITTING STRATEGIES FOR DEVELOPMENT ON THESE TRACT INCLUDE COVERAGE BY ONE OR MORE OF THE FOLLOWING OPTIONS: NATIONWIDE PERMIT (NWP) OR, STANDARD INDIVIDUAL PERMIT (SIP). NATIONWIDE PERMITS ARE GENERALLY LESS CHALLENGING TO OBTAIN THAN A SIP, AND GENERALLY ALLOW FOR IMPACTS TO WATERS OF THE US THAT DO NOT EXCEED 0.5 ACRE IN AREA OR EXCEED 300 LINEAR FEET OF ANY STREAM BED. THE LINEAR FOOT LIMIT CAN BE WAIVED AT THE DISCRETION OF THE CORPS FOR LOW QUALITY EPHEMERAL AND INTERMITTENT STREAMS. THE QUALITY OF THE STREAM SHOULD BE ASSESSED DURING A SITE VISIT BY A QUALIFIED WETLAND SCIENTIST. NATIONWIDE PERMITS ONLY AUTHORIZE SINGLE AND COMPLETE PROJECTS. EACH SINGLE AND COMPLETE PROJECT MUST SHOW INDEPENDENT UTILITY. A PROJECT IS CONSIDERED TO HAVE INDEPENDENT UTILITY BY THE CLEAN WATER ACT IF IT WOULD BE CONSTRUCTED ABSENT THE CONSTRUCTION OF OTHER PROJECTS IN THE PROJECT AREA. PORTIONS OF A MULTI PHASE PROJECT THAT DEPEND UPON OTHER PHASES OF THE PROJECT DO NOT HAVE INDEPENDENT UTILITY. PHASES OF A PROJECT THAT WOULD BE CONSTRUCTED EVEN IF THE OTHER PHASES WERE NOT BUILT CAN BE CONSIDERED AS SEPARATE SINGLE AND COMPLETE PROJECTS WITH INDEPENDENT UTILITY. NOTIFICATION TO THE CORPS TYPICALLY RESULTS IN A REQUIREMENT TO PROVIDE COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO WATERS OF THE US. COMPLETELY AVOIDING IMPACTS TO WATERS OF THE US WOULD RESULT IN NOT HAVING TO NOTIFY THE CORPS. NOTIFICATION WILL REQUIRE A DETAILED PROPOSED JURISDICTIONAL DETERMINATION AND A COMPLETE PRECONSTRUCTION NOTIFICATION PACKAGE (PCN). AS AN EXAMPLE, NWP 39 (COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS) AUTHORIZES THE DISCHARGES OF DREDGED OR FILL MATERIAL FOR THE CONSTRUCTION OR EXPANSION OF COMMERCIAL AND INSTITUTIONAL BUILDING FOUNDATIONS AND BUILDING PADS AND ATTENDANT FEATURES THAT ARE NECESSARY FOR THE USE AND MAINTENANCE OF THE STRUCTURES. DISCHARGES CANNOT CAUSE THE LOSS OF GREATER THAN 0.5 ACRE OF WATERS OF THE US OR MORE THAN 300 LINEAR FEET OF STREAM BED. A PCN IS REQUIRED TO BE SUBMITTED TO THE CORPS FOR THIS PERMIT. ACTIVITIES WITH IMPACTS BEYOND THE NWP THRESHOLDS MAY BE AUTHORIZED THROUGH A STANDARD INDIVIDUAL PERMIT. A SIP REQUIRES EXTENSIVE OFF SITE ALTERNATIVES ANALYSIS, RESOURCE AGENCY REVIEW, AND A PUBLIC NOTICE AMONG ADDITIONAL REQUIREMENTS BEYOND THOSE OF A NWP. PRELIMINARY OBSERVATIONS INDICATE THAT OPPORTUNITIES FOR ON SITE, IN KIND MITIGATION DO EXIST. THE MAJORITY OF THESE OPPORTUNITIES EXIST IN THE FORM OF RELOCATION OF EXISTING STREAMS ALONG THE PROPERTY BOUNDARY. IMPACTS TO AQUATIC FEATURES THAT CANNOT BE COMPENSATED FOR ON SITE, CAN GENERALLY BE COMPENSATED FOR THROUGH THE PURCHASE OF MITIGATION BANK CREDITS. IT IS ALSO IMPORTANT TO KEEP IN MIND THAT WITH THE 2008 FINAL MITIGATION RULE, THE CORPS PREFERS THE PURCHASE OF BANK CREDITS OVER ON SITE MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC RESOURCES. OUR LOCAL DISTRICT, FORT WORTH, HAS IMPLEMENTED WHAT IS LOCALLY CALLED THE 50 50 RULE. WITH THAT RULE 50% OF THE NECESSARY STREAM MITIGATION CAN BE PURCHASED FROM AN OLDER LEGACY BANK GENERALLY AT A LOWER COST AND THE OTHER 50% HAS TO BE PURCHASED IN ACCORDANCE WITH THE RULE WITH IN KIND BANKING ACTIVITIES (TXRAM), GENERALLY AT A HIGHER PRICE. UNTIL A DETAILED JURISDICTION DETERMINATION IS PERFORMED, WHICH REQUIRES ONSITE INVESTIGATION, IT IS DIFFICULT TO ESTIMATE MITIGATION CREDITS THAT MAY BE NEEDED. (Source: Kimley Horn & Associates)