Since 2016, Partner has supported Mason Joseph Company, Inc., a HUD MAP-approved lender, with over 135 assessments performed across seven states. As part of the support on behalf of Mason Joseph Company, Inc. for a 221(d)(4) new construction undertaking, Partner completed a HEROS Report and identified mitigation required for compliance with Executive Order 11990, protection of wetlands.
Partner performed a Wetland Determination and Delineation and an 8-Step Decision Making Process for a 221(d)(4) multi-family residential development in the City of San Antonio, Texas and submitted the findings of the delineation in a Pre-Application Meeting Request to the U.S. Army Corps of Engineers (USACE) for Delineation Verification and Permitting. The Wetland Determination and Delineation was conducted to assess a non-collateral portion of the development (subject property) for the presence of wetlands and/or streams prior to ground disturbance activities associated with sewer line installation. The 8-Step Decision Making Process was conducted to analyze the impact to the Special Flood Hazard Area (SFHA) based on the proposed utility line connection within the 100-year floodplain.
The scope of work for the Wetland Determination and Delineation included a review of topographical maps, the National Wetlands Inventory map, and aerial photograph resources to assist with identifying suspect streams and wetland areas on the subject property; a property site reconnaissance including wetland and stream data point sampling and flagging wetland boundaries; the preparation of a map depicting approximate locations of wetlands and streams observed on the subject property; and a written report that includes site characterization information, a discussion of applicable data, and recommendations for the subject property.
The 8-step decision-making process was conducted in conformance with the scope and limitations as detailed in Executive Order 11988 (Floodplain Management) and Code of Federal Regulations (CFR), 24 CFR Part 55.20 and according to the Housing and Urban Development (HUD) Multifamily Accelerated Processing (MAP) Guide, dated December 18, 2020 (effective March 18, 2021). It was determined that there was no practicable alternative to the proposed floodplain impacts, and no comments were received following issuance of both public notices.
No wetlands were identified on the subject property. However, the Wetland Determination and Delineation assessment revealed evidence of potential Waters of the United States (WOTUS) identified as French Creek and an unnamed tributary located on the surveyed area. The proposed impacts to these features required a Section 404 Permitting from the U.S. Army Corps of Engineers (USACE) and Texas Commission on Environmental Quality (TCEQ), unless the activity falls under exemptions within the Clean Water Act (CWA) Section 404(f)(1), in addition to any applicable local regulatory oversight.
Partner analyzed the available alternatives given the project’s environmental, financial, and timeline constraints. The nearest portion of the existing city sewer main, located outside of the identified stream boundaries, is at capacity and would have required upsizing to accommodate discharges from the proposed development. To upsize the existing sewer main, a portion of the adjacent roadway would have required trenching with bypass pumping to maintain flow of the active line. Connecting the sanitary sewer line of the proposed development to the main line from an access point on the adjacent roadway would have also impacted floodplain. As such, relocating the proposed action offsite would have minimized, but not entirely prevented floodplain disturbance.
In addition to potential impacts to the SFHA due to the positioning of the main within 100-year floodplain and the construction required to tie in an upsized line, other implications would have included project cost increases; noise disturbance and interruption in traffic flow for nearby single-family and multi-family residents and numerous other civilians in the area; and the disturbance to the existing main line. Furthermore, the subject property is located within the Edwards Aquifer Recharge Zone (EARZ). Based on concerns for this resource, the San Antonio Water System (SAWS) preferred the proposed plan, which included impacts within the tributary, French Creek, and its SFHA, in order to minimize impact to the existing system and avoid bypass pumping over the EARZ. As such, impacts to the unnamed tributary and French Creek were determined to be unavoidable.
The Client was able to design a plan for the utility line to avoid impacts to WOTUS to the greatest extent practicable with knowledge of the tributary boundaries and associated environmental stipulations provided through Partner and the SAWS’s guidance. Through timely communication and coordination, the USACE was promptly notified of the proposed activity in January 2022 via a Pre-Application Meeting Request to obtain a Nationwide Permit (NWP) 58 and Clean Water Act (CWA) Section 401 certification for proposed impacts to non-wetland WOTUS. Approval of qualification for NWP 58 was received from the USACE in April 2022.
