Section 3: Water Resources

TxDOT and our Contractors must comply with various rules, regulations, and permitting requirements for water resources. Generally, most
of
the permits
for construction
 will be obtained prior to the start of construction. In
limited
 cases, the process
to obtain a permit
 will still be ongoing after construction has started and these
ongoing process must
 be captured in the Construction Management Plan (CMP). TxDOT and the Contractor will need to be mindful
of project phasing and the CMP
 to ensure that non-permitted actions are avoided until proper permits are
obtained
.
Refer to the
Environmental Handbook for Water Resources
or contact ENV’s Natural Resources Management Section for
additional information on compliance and/or permitting associated with Sections 303(d), 401, 402, and 404 of the Clean Water Act, Sections 9, 10 and 14 of the Rivers and Harbors Act, Edwards Aquifer Rules, the Safe Drinking Water Act, the Texas Commission on Environmental Quality Memorandum of Understanding, the Trinity River Corridor Development Certificate process, Executive Order 11990 Protection of Wetlands, Executive Order 11988 Floodplain Management, the International Boundary and Water Commission licensing program, the Wild and Scenic Rivers Act, the Coastal Zone Management Act and Texas Coastal Management System, and the General Land Office Memorandum of Understanding.

Complying with US Army Corps of Engineers Requirements for Work in Waters of the United States, Section 404

Section 404 of the Clean Water Act aims to restore and maintain the chemical, physical, and biological integrity of waters of the U.S. by regulating the discharge of dredged or fill material into these waters.
Waters of the U.S. may include but are not limited to streams, wetlands, some open water, and some ditches. The following common construction activities typically require a permit from the U.S. Army Corps of Engineers (USACE):
  • land clearing in waters of the U.S.
  • placement of dredged or fill material, temporarily or permanently, within waters of the U.S.
  • bridge or culvert replacements
  • any heavy equipment use in waters of the U.S.
  • converting any water of the U.S. to a different type of water of the U.S. or to upland.
  • draining a wetland
In order to comply with Section 404, TxDOT must:
  • Obtain any required USACE permit for proposed work before work begins in TxDOT ROW. Contractors are responsible for obtaining any off-site permits, including
    those needed
     for PSLs. Check the CMP for any permits that have not
    been obtained
     before project letting.
  • Review the commitments pertaining to the USACE permit in the environmental permits, issues, and commitments (EPICs) section in the PS&E. A copy of the permit will also be kept in the SWP3 Binder for easy access and reference.
  • Ensure that the contractor is aware of any waters of the U.S. in the area where work will occur, and make sure these are delineated,
    and any impacts are avoided, minimized, and permitted
     prior to construction.
  • Ensure that the contractor is familiar with the work and associated impacts that have been authorized by the Section 404 permit.
  • Ensure that the contractor adheres to all agreements, mitigation plans, general conditions, and BMPs required by the permit.
  • Ensure change orders are reviewed by environmental staff to they can determine if proposed changes
    would necessitate a modified or new
     USACE permit prior to work being conducted. When contractor-initiated changes to the issued Section 404 permit are desired, it is the contractor’s responsibility to obtain a new or revised Section 404 permit from the USACE at the cost of the contractor (unless otherwise agreed upon by both parties). In this situation, no claims for schedule delays are allowed.
  • Understand that failure to comply with all permit conditions may result in contract work stoppages being issued by the USACE or TxDOT.

Complying with US Coast Guard requirements for Work in Navigable Waters of the U.S.,
Section 9 and
Section 10

The U.S. Coast Guard (USCG) regulates bridges and causeways over navigable waters under the General Bridge Act and Section 9 of the Rivers and Harbors Act. Any project that will
maintain a bridgeway or causeway
, construct a new bridge or causeway, or reconstruct, or modify an existing bridge or causeway across a Section 9 navigable water will require a
bridge permit, bridge permit exception, bridge lighting authorization or maintenance work plan
.
Section 10 of the Rivers and Harbors Act requires that a project have authorization from the USACE if the project involves structures or work in or over any navigable water, and/or any obstruction or alteration of these waters. Section 10 permits are primarily intended to preserve the course, location, condition, or capacity of navigable waters. Structures (such as piers, wharfs, breakwaters, bulkheads, jetties, weirs, transmission lines, etc.) and work (such as dredging or disposal of dredged material, excavation, filling, or other modifications) in navigable waters require Section 10 permits.
In order to comply with Section 9 and Section 10, TxDOT must:
  • Obtain
     any required permits from the USCG and USACE for proposed work before work begins in TxDOT ROW. Contractors are responsible for obtaining any off-site permits, including
    those needed
     for PSLs. Check the CMP for any permits that have not
    been obtained
     before project letting.
  • Review the commitments pertaining to the permit(s) in the EPICs section in the PS&E. A copy of the permit(s) will also be kept in the SWP3 Binder for easy access and reference.
  • Ensure that the contractor adheres to the stipulations of the authorization/permit including agreements, mitigation plans, general conditions, and BMPs.
  • Ensure change orders are reviewed by environmental staff so they can determine if proposed changes
    would necessitate modified
     or new permit(s) prior to work being conducted. When contractor-initiated changes to the issued permit(s) are desired, it is the contractor’s responsibility to obtain a new or revised permit(s) at the cost of the contractor (unless otherwise agreed upon by both parties). In this situation, no claims for schedule delays are allowed.
  • Ensure contractors are following USCG and USACE permit requirements as described above.
  • Understand that failure to comply with all permit conditions may result in contract work stoppages being issued by the USCG, USACE or TxDOT.

Complying with TCEQ requirements for Work Over the Edwards Aquifer

The TCEQ administers the Edwards Aquifer Protection Program (EAPP) to prevent pollution of the Edwards Aquifer to protect groundwater use and maintain Texas surface water quality standards. If work involves soil disturbing construction activities in areas identified as the Edwards Aquifer Recharge Zone, Edwards Aquifer Contributing Zone, and Edwards Aquifer Transition Zone in the following eight counties, EAPP compliance may apply: Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis, and Williamson.
In order to comply with the EAPP, TxDOT must:
  • Obtain
     any required EAPP
    approvals
     via required submittals such as a Water Pollution Abatement Plan (WPAP) or Contributing Zone Plan (CZP) from the TCEQ before work begins.
  • Review the commitments made in the WPAP, CZP or other EAPP
    approval
     in the EPICs section in the PS&E. A copy of the approval will also be kept in the SWP3 Binder for easy access and reference.
  • Ensure that the contractor adheres to the stipulations of the EAPP
    approval
     including associated BMPs and performance of the work in accordance with contract requirements.
  • Ensure that the contractor has the necessary information to recognize subsurface voids in bedrock. This information is available from the
    District Environmental Quality Coordinate (DEQC)
    . If a subsurface void is encountered, the contractor must notify the TxDOT District DQEC. The void must be protected until an evaluation is completed and the contractor is cleared to continue work near the void.
  • When contractor-initiated changes in the construction methodology affect the previously compliant impacts to the Edwards Aquifer, including encountering subsurface voids, immediately notify the district environmental coordinator and EAPP engineer, who may then need to notify the TCEQ and/or assist in obtaining a revised EAPP
    approval
     or void closure authorization. Contractor initiated changes will be the responsibility of the contractor, such as “In this situation, no claims for schedule delays are allowed.”

Complying with
the Coastal Zone Management Act and Texas Coastal Management

Work in coastal counties including Orange, Jefferson, Chambers, Harris, Galveston, Brazoria, Matagorda, Jackson, Calhoun, Victoria, Refugio, Aransas, San Patricio, Nueces, Kleberg, Kenedy, Willacy, and Cameron counties, may trigger Coastal Zone Management Act (CZMA) compliance requirements under the Texas Coastal Management Program (TCMP).
In order to comply with CZMA and the TCMP, TxDOT must:
  • Ensure that the appropriate consistency determination and associated documentation, if applicable, is recorded in the project file or record.
  • Ensure
    any
    change orders are reviewed by environmental staff for consistency with CZMA and TCMP requirements.