Eric, Per Clay's request, I asked Bill Wallace in our office about the Vitruvian 404 permit in regards to open-cut crossing of the creek. See Bill's response below. Brad Rusk CPC, CCCA Construction Manager Nathan D. Maier Consulting Engineers, Inc. 8080 Park Lane, Suite 600 Dallas, TX 75231 ph. 214.739.4741 fax 214.739.5961 ________________________________ From: William L. Wallace [mailto:bwallace@ndmce.com] Sent: Thursday, June 03, 2010 12:13 PM To: 'Brad Rusk' Subject: RE: Vitruvian 404 Permit Brad, Normally a 404 permit allows for temporary construction activities that may impact the jurisdictional waters. However, this permit makes that less clear for me. On page 14 it discusses the protection of aquatic resources. It does not state anything that directly prohibits this, but it clould be inferred. I am not sure if the permit has been modified. I suggest they consult KBA on their intent. Bill ________________________________ From: Brad Rusk [mailto:brusk@ndmce.com] Sent: Thursday, June 03, 2010 11:31 AM To: 'William L. Wallace' Cc: blafoy@ndmce.com Subject: Vitruvian 404 Permit Bill, A question came up in the progress meeting this morning about whether or not the 404 permit addresses open-cut creek crossings. Do you know the answer? Brad Rusk CPC, CCCA Construction Manager Nathan D. Maier Consulting Engineers, Inc. 8080 Park Lane, Suite 600 Dallas, TX 75231 ph. 214.739.4741 fax 214.739.5961