Common use of USACE Coordination Clause in Contracts

USACE Coordination. A portion of the Project crosses a wide floodplain on the Elm Fork of the Trinity River. As a result, the Project will require coordination with the U.S. Army Corps of Engineers (“USACE”), the jurisdictional federal agency for the floodplain. It is anticipated that the Project will be authorized by RGP-12, Modifications and Alterations of Corps of Engineers Projects with respect to the required approvals for the Project under Section 408 and subsequently Section 404. A pre-construction notification will be required. Construction activity shall not commence until notification in writing is received from USACE stating that the Project meets the terms and conditions of RGP-12 and any special conditions added by the USACE. USACE approval under Section 408 will be initiated by TxDOT; however, any subsequent revisions to the initial submittal package will be the responsibility of the Developer. The Developer will remain responsible for obtaining USACE construction approval prior to initiating construction activities within the floodway even if there are no appreciable changes to the preliminary design plans submitted for Section 408 approval, as determined by the USACE. Furthermore, although USACE approval under Section 408 may be provided, construction approval is also required and is the responsibility of the Developer. Section 404 mitigation will be the responsibility of the Developer.

USACE Coordination. A portion of the Project crosses a wide floodplain on the Elm Fork of the Trinity River. As a result, the Project will require coordination with the U.S. Army Corps of Engineers (“USACE”), the jurisdictional federal agency for the floodplain. It is anticipated that the Project will be authorized by RGP-12, Modifications and Alterations of Corps of Engineers Projects with respect to the required approvals for the Project under Section 408 and subsequently Section 404. A pre-pre- construction notification will be required. Construction activity shall not commence until notification in writing is received from USACE stating that the Project meets the terms and conditions of RGP-12 and any special conditions added by the USACE. USACE approval under Section 408 will be initiated by TxDOT; however, any subsequent revisions to the initial submittal package will be the responsibility of the Developer. The Developer will remain responsible for obtaining USACE construction approval prior to initiating construction activities within the floodway even if there are no appreciable changes to the preliminary design plans submitted for Section 408 approval, as determined by the USACE. Furthermore, although USACE approval under Section 408 may be provided, construction approval is also required and is the responsibility of the Developer. Section 404 mitigation will be the responsibility of the Developer.