Tier II projects are large projects that affect more than three
(3) acres of
waters of the United States
(HTML) and/or 1,500 linear feet of stream. They also include
projects that impact
rare and ecologically significant wetlands (PDF) and would not
qualify for a Tier I
(HTML) review or for which the applicant elects not to incorporate
Tier I BMPs including the applicant choosing to use alternative
BMPs. (Help with PDF
files.)
After the Corps declares the application complete, a joint
public notice is issued. Any water quality issues or concerns
identified during the 401 review will be outlined in a letter from
the Texas Commission on Environmental Quality (TCEQ) to the Corps.
The TCEQ will follow these comment deadlines established in the
joint public notice. Once the Corps resolves all issues to their
satisfaction, they issue a Statement of Findings or a Decision
Document. The TCEQ has 10 working days to make a 401 certification
decision. The types of 401 certification decisions are outlined in
the rules in Chapter
279.11 (d) (PDF).
The Tier II certification questionnaire and alternatives
analysis checklist can be found in "Tier
II 401 Certification Questionnaire and Alternatives Analysis
Checklist" (PDF). (Help with PDF files.)
Contact us if you
have questions.
