Categorial Exclusion (CATEX) - Categories of actions which normally do not individually or cumatively have a significant effect on the human environment and for which, therefore, an EA or an EIS is not required.

Cease and desist order - This is issued if a violation (unauthorized procedure or project) occurs on a project that is not completed, it prohibits any further work pending resolution of the violation.

Compensatory Mitigation - For purposes of Section 404, compensatory mitigation is the restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands and / or other aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.

Conservation Banking - A conservation bank generally provides threatened and endangered species habitat that is permanently protected and managed for its natural resource values. In order to satisfy the legal requirement for mitigation of environmental impacts from a development, a developer can buy habitat credits from a conservation bank, or in the case of wetlands, a mitigation bank. Conservation banks must be approved by the resource agencies, such as the Department of Fish and Game and the U.S. Fish and Wildlife Service.

Cumalitive Impact - The impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable actions regardless of what agency, federal or nonfederal or what person undertakes the action.

Edwards Aquifer - The Edwards Aquifer is an underground layer of porous, honeycombed, water-bearing rock that is between 300-700 feet thick. It includes the Edwards and some associated limestones. The Edwards Aquifer is divided into three main zones: the contributing zone, the recharge zone, and the artesian zone.

• The contributing zone occurs on the Edwards Plateau, also called the Texas Hill Country. The contributing zone is also called the drainage area or the catchment area. Here the land surface "catches" water from rainfall that averages about 30" per year, and water runs off into streams or infiltrates into the aquifer. Runoff from the land surface and water table springs, feed streams that flow over relatively impermeable limestone until they reach the recharge zone.
• The recharge zone does not contain rock formations overlying the Edwards - it is exposed at the surface. So the Aquifer here is "unconfined" and has a water table that rises and falls in response to rainfall.
• The artesian zone of the Edwards is confined between two relatively impermeable formations - the Glen Rose formation below and the Del Rio clay on top. The sheer weight of new water entering the Aquifer in the recharge zone puts tremendous pressure on water that is already deeper down in the formation.

Endangered species - An endangered species is a species of animal or plant that has been
identified as in danger of becoming extinct because of harmful
human activity or environmental factors, and that is thus the subject
of protective regulations and conservation measures.

Environmental Assessment (EA) - A concise public document that analyzes the environmental impacts of a proposed federal action and provides sufficient evidence to determine the level of significance of the impacts.

Environmental Impact Statement (EIS) - A document prepared to describe the effects for proposed activities on the environment. "Environment," in this case, is defined as the natural and physical environment and the relationship of people with that environment. This means that the "environment" considered in an EIS includes land, water, air, structures, living organisms, environmental values at the site, and the social, cultural, and economic aspects. An "impact" is a change in consequence that results from an activity. Impacts can be positive or negative or both. An EIS describes impacts, as well as ways to "mitigate" impacts. To "mitigate" means to lessen or remove negative impacts.

Therefore, an Environmental Impact Statement, or EIS, is a document that describes the impacts on the environment as a result of a proposed action. It also describes impacts of alternatives as well as plans to mitigate the impacts.

Federal laws and regulations require the federal government to evaluate the effects of its actions on the environment and to consider alternative courses of action. The National Environmental Policy Act of 1969 (NEPA) specifies when an Environmental Impact Statement must be prepared. Council for Environmental Quality (CEQ) regulations provide the recommended format and content of Environmental Impact Statements. http://www.pantex.com/ds/pxeisa1.htm

Ephemeral - An ephemeral stream has flowing water only during and for a short duration after precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.

Finding of no Significant Impact (FONSI) - A public document that briefly presents the reasons why an action will not have a significant impact on the quality of the human environment and therefore will not require preperation of an environmental impact statement.

Global Information System (GIS) - A system of hardware and software used for storage, retrieval, mapping, and analysis of geographic data. GIS differs from CAD and other graphical computer applications in that all spatial data is geographically referenced to a map projection in an earth coordinate system.

Global Position System (GPS) - A "constellation" of 24 well-spaced satellites that orbit the
Earth and make it possible for people with ground receivers to pinpoint their geographic location. The location accuracy is anywhere from 100 to 10 meters for most equipment.

Habitat - The place or environment where a plant or animal naturally or normally lives and grows.

Individual permit (IP) - Individual Permit (submitted to the U.S. Army Corps of Engineers). This permit is usually required for potentially significant impacts. The Individual Permit process include public notice, comment period, public hearing, permit evaluation, and an environmental assessment and statement of findings.

Intermittent - An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.

Jurisdictional Waters of the U.S.

The term ?Waters of the United States? is defined to include not only the traditionally navigable waters, but also a broad range of waters, including:

• All interstate waters, including wetlands;
• All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce;
• All impoundments of water that fit these definitions;
• Tributaries of any defined waters;
• The territorial seas; and,
• Wetlands adjacent to waters, other than adjacent to other wetlands.

Karst -

1. Karst is a geologic environment containing soluble rocks with a permeability structure dominated by interconnected conduits dissolved from the host rock which are organized to facilitate the circulation of fluid in the downgradient direction wherein the permeability structure evolved as a consequence of dissolution by the fluid.
2. an area where limestone predominates, characterized by ravines, sinks, and caverns caused by underground streams.

Letter of Permission - A letter of permission is a type of individual permit issued in accordance with the abbreviated procedures of 33 CFR 325.2(e). Letters of permission are a type of permit issued through an abbreviated processing procedure which includes coordination with Federal and state fish and wildlife agencies, as required by the Fish and Wildlife Coordination Act, and a public interest evaluation, but without the publishing of an individual public notice.

Mitigation banking - Mitigation banking is the same concept as conservation banking, but is specifically for wetland restoration, creation, and enhancement undertaken to compensate for unavoidable wetland losses. Use of mitigation bank credits must occur inadvance of development, when the compensation cannot be achieved at the development site or would not be as environmentally beneficial. Mitigation banking helps to consolidate small, fragmented wetland mitigation projects into one large contiguous site which will have a much higher wildlife habitat value.

Nationwide permit (NWP) - Nationwide permits (NWPs) are a type of general permit issued by the Chief of Engineers and are designed to regulate with little, if any, delay or paperwork certain activities having minimal impacts.

The NWPs are proposed, issued, modified, reissued (extended), and revoked fromtime to time after an opportunity for public notice and comment. Proposed NWPs or modifications to or reissuance of existing NWPs will be adopted only after the Corps gives notice and allows the public an opportunity to comment on and request a public hearing regarding the proposals. The Corps will give full consideration to all comments received prior to reaching a final decision.

(c) Terms and conditions. An activity is authorized under an NWP only if
that activity and the permittee satisfy all of the NWP's terms and
conditions. Activities that do not qualify for authorization under an NWP
still may be authorized by an individual or regional general permit. The
Corps will consider unauthorized any activity requiring Corps authorization if that activity is under construction or completed and does not comply with all of the terms and conditions of an NWP, regional general permit, or an individual permit. The Corps will evaluate unauthorized activities for enforcement action under 33 CFR Part 326.

The district engineer (DE) may elect to suspend enforcement proceedings if the permittee modifies his project to comply with an NWP or a regional general permit. After considering whether a violation was knowing or intentional, and other indications of the need for a penalty, the DE can elect to terminate an enforcement proceeding with an after-the-fact authorization under an NWP, if all terms and conditions of the NWP have been satisfied, either before or after the activity has been accomplished.

National Environmental Policy Act (NEPA) - Enacted in 1969 and passed by Congress in 1970, NEPA was one of the first laws written for the purpose of protecting the environment. NEPA established a national policy for the protection and maintenance of environmental resources and created a Council on Environmental Quality (CEQ).

This Act currently provides a mandatory process for all federal agencies to follow in order to protect the environment in a way that benefits the people without degrading or harming the environment. NEPA requires Environmental Assessments (EA) or Environmental Impact Statements (EIS) to be implemented when a federal funded project is proposed such as airports, military installations, roadways, or other construction activities. The CEQ ensures federal agencies fulfill their responsibilities defined within the Act.

Polycyclic Aromatic Hydrocarbons (PAHs) - (Pronounced pol'ee syk'lik ar'o mat'ik hi'dro kar'benz) - Polycyclic aromatic hydrocarbons (PAHs) are a group of over 100 different chemicals that are formed during the incomplete burning of coal, oil and gas, garbage, or other organic substances like tobacco or charbroiled meat. . PAHs are commonly found in coal tar, crude oil, creosote, and roofing tar, but a few are used in medicines or to make dyes, plastics, and pesticides. PAHs are usually found as a mixture containing two or more of these compounds, such as soot.
PAHs enter the air mostly as releases from volcanoes, forest fires, burning coal, and automobile exhaust. Unfortunately for our local creeks, rivers, and lakes, most PAHs do not dissolve easily in water; instead they stick to solid particles and settle to the bottoms of lakes or rivers. The Occupational Safety and Health Administration (OSHA) has set a limit of 0.2 milligrams of PAHs per cubic meter of air (0.2 mg/m3). The OSHA Permissible Exposure Limit (PEL) for mineral oil mist that contains PAHs is 5 mg/m3 averaged over an 8-hour exposure period.

Perennial - Lasting or active through the year or through many years.

Pre-construction notification (PCN) - Pre-Construction Notification (submitted to the U.S. Army Corps of Engineers)

Record of Decision (ROD) - A public document signed by the agency decision-maker at the time of a decision. The ROD states the decision, alternatives considered, the environmentally preferable alternative or alternatives, factors considered in the agency's decision, mitigation measures that will be implemented, and a description of any applicable enforcement and monitoring programs.

Section 10(a)1(B) - This is a subset to Section 9 of the Endangered Species Act which makes it unlawful for any person subject to the jurisdiction of the United States to ?take? any such species within the United States or the territorial sea of the United States. In this instance, ?take? is defined as to ?harass, harm, pursue, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.? ?Harm? has been defined to include activities that modify or degrade habitat in a way that significantly impairs essential behavior patterns and results in death or injury.

Section 401 - This is a section of the Clean Water Act that requires an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the Act, including water quality standard requirements. Some states view Section 401 as an important tool in their overall programs to protect the physical and biological, in addition to the chemical, integrity of their waters. Some have begun using Section 401 to address a wide range of impacts to the quality of their waters, including impacts to aquatic habitat such as wetlands where issues of non-chemical impacts arise. Through Section 401, some states have addressed such impacts of a project as inadequate river flow, inundation of habitat, dissolved oxygen levels, and impacts on fish and other wildlife.

Section 402 - This is a section of the Clean Water Act which provides the statutory basis for the NPDES permit program and the basic structure for regulating the discharge of pollutants from point sources to waters of the United States. Section 402 specifically required EPA to develop and implement the NPDES program. This section of the Act requires anyone who wants to discharge pollutants to first obtain an NPDES permit, or else any discharge will be considered illegal.

Section 404 - The Federal Water Pollution Control Act Amendments of 1972 established a comprehensive program of regulations and permits to control water pollution within the United States. Section 404 of the Clean Water Act (CWA) was created as a part of the above-mentioned amendments, and has become the principal regulatory mechanism to control discharges into wetlands and waters of the United States.

Both the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) have assigned authorities under Section 404 of the CWA. The Corps has the authority to issue permits for the discharge of fill materials after notice and an opportunity for comment. The EPA, in conjunction with the Corps, has the authority to develop substantive water protection criteria as a part of the guidelines that individuals must meet when applying for a permit from the Corps. Enforcement authority with regard to Section 404 is divided between the two agencies.

Section 7 consultation - Each federal agency is to insure that any action they authorize,
fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. This is done through consultation. If such species may be present, the local government must conduct a biological assessment (BA) for the purpose of analyzing the potential effects of the project on listed species and critical habitat in order to establish and justify an "effect determination" (assistance and coordination may be available from the state, especially with transportation projects). The federal agency reviews the BA and, if it concludes that the project may adversely affect a listed species or their habitat, it prepares a "biological opinion." The biological opinion may recommend "reasonable and prudent alternatives" to the proposed action to avoid jeopardizing or adversely modifying habitat. These so-called "RPAs" carry great weight with other federal agencies and are often treated as binding requirements.

Species - A group of interbreeding natural populations that is reproductively isolated from other such groups

Species of Concern - May be one of two categories:

1. Category I - a native species with a presently stable or increasing population that current evidence indicates is especially vulnerable to extirpation because of limited range, low population or other factors.
2. Category II - a native species identified by technical experts as possibly threatened or vulnerable to extirpation but for which little, if any, evidence exists to document the population level, range or other factors pertinent to its status.

Threatened - A threatened species is a native species that, although not presently in danger of extirpation, is likely to become endangered in the foreseeable future in the absence of special protection and management efforts.

Total Maximum Daily Load (TMDL) - A TMDL or Total Maximum Daily Load is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources.

Water quality standards are set by States, Territories, and Tribes. They identify the uses for each waterbody, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use.

A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the waterbody can be used for the purposes the State has designated. The calculation must also account for seasonal variation in water quality.

The Clean Water Act, section 303, establishes the water quality standards and TMDL programs.

Wetland - Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Wetland determination/ delineation - According to the 1987 U.S. Army Corps of Engineers manual, a wetland must contain all three key characteristics of wetland vegetation, hydric soils, and water during a substantial percentage of the growing season. Wetland determinations are the process of field verifying the three listed
characteristics for a given site. This should be conducted by personel
trained in the characteristics and methodology approved by the U.S. Army Corps of Engineers. Wetland Delineations are more indepth and time consuming process than a determination becaues delineations involved the process of mapping the specific perimeter and area of a potential wetland area. Both determinations and delineations are precursory steps to the permitting process through the U.S. Army Corps of Engineers (See Nationwide permits and Individual Permits).