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Permitting is the ‘long pole’: HDR consultant outlines Corps, NEPA and mitigation risks for Allens Creek

Brazos River Authority · October 28, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

HDR and the consultant team told the BRA committee that Corps 404/Section 10 jurisdiction, evolving 'waters of the United States' definitions and NEPA procedures are the primary schedule and cost risks; early engagement with the Corps, EPA and state agencies is essential to avoid rework and litigation.

Permitting, consultants told the Brazos River Authority committee, is the primary driver of time and cost for the Allens Creek reservoir. James Thomas of HDR Engineering summarized federal and state authorities the project must satisfy and urged early, well‑documented engagement to reduce the risk of rework and litigation.

"The Brazos River is designated as section 10 water, a navigable in fact water," James Thomas said, explaining that any in‑channel work or intake excavation will require Section 10 authorization from the U.S. Army Corps of Engineers. He added that the Clean Water Act’s Section 404 program governs placement of fill into waters and wetland features; for this project Allens Creek “is most likely…

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