Cypress-lined bottoms of Luce Bayou will be avoided by the preferred alternative route.
The proposed Luce Bayou Project involves taking permitted water from the Trinity River to Lake Houston via a pipeline and a 16-mile canal with discharge into Luce Bayou near the confluence of Lake Houston. The Luce Bayou Project described by the Texas Water Plan has been extensively modified to avoid impacting sensitive habitats along the Luce Bayou corridor. Luce Bayou has been eliminated as a conveyance mechanism except near the confluence with Lake Houston.
1. What agencies have the responsibility for water management in Texas?
The Texas Commission on Environmental Quality (TCEQ) is the agency charged with implementing the constitution and laws of the state relating to water. Its responsibilities include jurisdiction over water and water rights and the state's water quality program. The Texas Water Development Board (TWDB) is responsible for developing the Texas Water Plan and financing identified projects to meet the needs of people and the environment.
2. What is the State Water Plan?
The State Water Plan describes the methodologies and recommendations for use of Texas' water resources as determined by 16 state-wide planning groups. The Plan provides an overview of the climatic history, population, and demand predictions, groundwater resources, and water supply needs in Texas. Through the work that has been done by CWA, the Luce Bayou Project described by the 2007 Water Plan (2007 Region H Water Plan for the State of Texas) has been extensively modified to avoid environmental impacts.
3. Who regulates water quality?
Congress granted the regulation of water quality to various agencies. Under the Clean Water Act, the Environmental Protection Agency (EPA) and authorized state and tribal governments identify and enforce water quality standards. Jurisdictional waters of the United States, including wetlands, are regulated by the Clean Water Act (CWA) under the authority of the U.S. Army Corps of Engineers (USACE). Under Section 404 of the CWA, permit authorization from the USACE is required to perform work in jurisdictional waters of the United States. The type of permit required is primarily dependent upon the amount of potential impacts. Section 10 of the Rivers and Harbors Act of 1899 applies to navigable waters and waters subject to tidal action. The USACE cannot issue a Section 10 or Section 404 permit until the water quality certification from EPA or [in the state of Texas] from the Texas Commission of Environmental Quality (TCEQ) is obtained.
4. Who protects Endangered Species?
Under the Endangered Species Act, all federal agencies are obligated to conserve endangered species and are legally required to assure that activities which they fund, authorize or carryout are "not likely to jeopardize the continued existence of any endangered or threatened species or result in destruction or adverse modification of its critical habitat." Two federal resource agencies that have primary jurisdiction over threatened and endangered species are the United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). At the state level, the Texas Parks and Wildlife Department (TPWD) has primary responsibility for protecting the state's fish and wildlife resources.
5. What does the Endangered Species Act have to do with USACE permitting?
The USACE cannot issue its Section 10 or Section 404 permits until it satisfies its obligation to consult with the US Fish and Wildlife Service (USFWS), for land-based species, or the National Marine Fisheries Service (NMFS) for aquatic species. In processing applications received, the USACE must ask the resource agencies whether protected species are in the area. If protected species may be in the area, the USACE must prepare a biological assessment evaluating any potential impacts. If the USACE and the resource agencies concur that there is no jeopardy, the permit can be issued. No permit can be issued until all protected species issues are resolved.
6. What are the USACE’s regulatory authorities?
Separate statutes grant the USACE authority to regulate certain activities in waters and wetlands (marshes) Section 10 of the Rivers and Harbors Act of 1899 requires approval prior to the accomplishment of any work in, over, or under navigable waters of the United States, or which affects the course, location, condition or capacity of such waters.
Typical activities requiring Section 10 permits include:
- Construction of piers, wharves, breakwaters, bulkheads, jetties, weirs, dolphins, marinas, ramps, floats, intake structures, and cable or pipeline crossings.
- Work such as dredging or disposal of dredged material.
- Excavation, filling, or other modifications to navigable waters of the U.S.
Section 404 of the Clean Water Act requires approval prior to discharging dredged or fill material into the waters of the United States.
Typical activities requiring Section 404 permits include:
- Discharging fill or dredged material in waters of the U.S., including wetlands.
- Excavation of fill material for residential, commercial, or recreational developments in jurisdictional areas.
- Construction of revetments, groins, breakwaters, levees, dams, dikes, pump stations, and weirs in jurisdictional areas.
- Placement of riprap and road fill material in jurisdictional areas.
7. How does the public get involved with the USACE permitting process?
After the Section 404 permit application is received, the USACE will issue a public notice that provides an opportunity to provide public comment on the permit application. The TPWD and other state, federal and local agencies as well as special interest groups and the public have the opportunity to provide comment for USACE consideration during the Section 10 and Section 404 permitting process.
8. What are archaeological and historic resources?
Archaeological resources refer to material remains of human life or activities. Historic resources are prehistoric or historic remains, artifacts, or indicators of past human activities. The Texas Historical Commission (THC) regulates and protects cultural resources (archeological and historical) in the state of Texas.
9. What opportunities for public involvement are available to interested parties?
The USACE will likely be involved in issuing a permit for the Luce Bayou Project under Section 404 of the Clean Water Act. Public involvement is an element of the Section 404 permitting process and the opportunity for public comment will be provided. An environmental document will be prepared and this will be available for public review. The USACE will make a permit decision based on the environmental document and agency/public involvement.