Water Resources

General
Roadway construction projects typically transect or abut a number of waterbodies (streams, rivers, lakes, bays, wetlands) and, therefore, typically involve a number of related water quality issues. Water quality related permits and authorizations for construction activities are usually required. Some authorizations may be general permits or nationwide permits that can be obtained in a very short period of time. An example is the
Texas Pollutant Discharge Elimination System
(TPDES) stormwater permit for construction activities, an authorization that can be obtained in as little as 24 hours. Other authorizations, such as an individual U.S. Army Corp of Engineers permit or an individual TPDES wastewater discharge permit, may require a year or more to obtain. Therefore, it is important for the LG to identify water resource issues very early in the planning phase of a project and to allow ample time to obtain water resource authorizations. Violations of permit and other requirements are serious and can result in work stoppages and large fines.
Federal Requirements
  1. 33 U.S.C. §403
    (relating to Protection of Navigable Waters and of Harbor and River Improvements Generally) – Requires a U.S. Army Corps of Engineers permit for a project obstructing navigable waters by fill, construction of a bridge, bulkhead or other structure.
  2. 33 U.S.C. §§525 et seq.
    (relating to the Construction and Operation of Bridges) – Requires a permit from the U.S. Coast Guard for the construction and operation of bridges over navigable waters (see also the General Bridge Act of 1946).
  3. 33 U.S.C. §1342
    [relating to National Pollutant Discharge Elimination System (NPDES)] – Prohibits discharge of pollutants (including stormwater associated with construction and industrial activities) into waters of the United States without first obtaining an NPDES permit (see related regulation
    40 CFR Part 122
    ).
  4. 33 U.S.C. §1344
    (relating to Permits for Dredged or Fill Material) – Prohibits dredge and discharge of fill material in waters of the United States without first obtaining a permit from the U.S. Army Corps of Engineers.
  5. Executive Order 11990 – Protection of Wetlands
    – Prohibits construction located in wetlands unless there is no practicable alternative and the proposed action includes all practicable measures to minimize harm to wetlands.
  6. Executive Order 11988 – Floodplain Management
    – Requires the beneficial values of floodplains be preserved.
  7. 22 U.S.C. §277 – 1944 Water Treaty of the U.S. International Boundary and Water Commission (USIBWC)
    – Requires a license or permit from the USIBWC for any proposed activities crossing or encroaching upon the floodplains of USIBWC flood control projects and right of way (related regulation: U.S. Section Directive, Vol. IV, Chapter 315 dated July 27, 2000).
  8. 16 U.S.C. Chapter 28
    (relating to Wild and Scenic Rivers) – Requires selected rivers shall be preserved in free-flowing condition and they and their immediate environments shall be protected. Applies only to projects along the designated portion of the Rio Grande at Big Bend National Park.
Guidance for these subjects and others can be found at the
FHWA Environmental Review Toolkit
website.
State Requirements
  1. Texas Natural Resources Code §33.205
    (relating to Coastal Coordination Act) – Requires a project to meet the policies and goals of the Coastal Management Program.
  2. Texas Natural Resources Code, Chapter 61
    (relating to Use and Maintenance of Public Beaches) – Requires that projects in the vicinity of public beaches must not affect public access and use, and must comply with local beach access and use plans.
  3. Texas Natural Resources Code, Chapter 63
    (relating to Dunes) – Requires projects in the vicinity of dunes with public access to conform to local dune permit programs, ordinances and other protections established within the dune protection line.
  4. 31 TAC Part 16
    (relating to Coastal Coordination Council) – Requires projects within Coastal Management Plan (CMP) boundaries to comply with the CMP.
  5. 30 TAC Chapter 213
    (relating to Edwards Aquifer) – Requires projects within the Edwards Aquifer contributing or recharge zones to develop and implement an approved Edwards Aquifer protection plan. The regulated contributing and recharge zones occur only within TxDOT’s Austin, San Antonio and Laredo districts.
  6. 43 TAC Part 1, Chapter 2, Subchapter I
    (relating to MOU with the TCEQ) – Requires coordination of NEPA documents with TCEQ to address water quality issues under certain circumstances.
  7. Texas Water Code §26.121
    (relating to Unauthorized Discharges Prohibited) – Prohibits discharge of waste, wastewater and regulated stormwater runoff without a TPDES permit (see related regulations
    30 TAC Chapters 205
    and
    216
    and
    §281.25
    regarding Storm Water Pollution Prevention Plan).
  8. Texas Water Code Chapter 11, Subchapter D
    (relating to Permits to Use State Water) – Requires a permit to appropriate state water for use.
Required Practices
More information including a description of the responsibilities of the LG and TxDOT district with respect to water resources issues that may impact the project is available in the
LGPM Guide
. In general, the compliance responsibilities vary depending on issues of funding, land ownership, geographic location, operational project control and the involvement of one or more federal agencies.