RE 04-26-88.2 RESOLUTION NO. 042688.2
RESOLUTION STATING THE POSITION OF THE CITY OF COPPELL, REGARDING THE
DRAFT RECORD OF DECISION ON THE REGIONAL ENVIRORrMENTAL IMPACT STATEMENT
OF THE TRINITY RIVER CORRIDOR AND ITS TRIBUTARIES BY THE U.S. ARMY CORPS
OF ENGINEERS, FORT WORTH DIVISION.
WHEREAS, the City of Coppell has been a participating partner in the
"Common Vision" cooperative efforts by the cities along the
Trinity River Corridor to manage the development in and along
the River Corridor; and,
WHEREAS, the City of Coppell has been part of the Trinity River
Corridor Steering Committee of the North Texas Council of
Governments, which studied the REIS Draft Record of Decision
sent out for comments by the Corps of Engineers, Fort Worth
Division.
THEREFORE, be it resolved by the City Council of the City of Coppell,
Texas that:
SECTION 1: The City of Coppell is in full support of the comments of
the Trinity River Steering Committee of North Texas Council of
Governments, which request certain revisions to the Draft
Record of Decision, (see Attachment 'A'); and,
SECTION 2: The City requests the Colonel of the Corps of Engineers,
Fort Worth Division, to make the requested revisions in order
to prevent any unintended use of the REIS; and,
SECTION 3: This resolution shall be forwarded to Colonel John
Schaufelberger, District Engineer of the Corps, with the
request that it be included in the official record of comments
made on the Trinity River REIS.
_ PASSED AND APPROVED BY THE CITY OF COPPELL, TEXAS ON
THIS C~ DAY OF ~.~ , 1988.
ATTEST:
DO¢OTI-IY TIMMO~qS, ~1~ Secretary LOU DUGGAN, Mayor
APPROVED AS TO FORH:
COI¢~IENTS ON PRELIMINARY COE RECORD OF DECISION
TRINITY RIVER CORRIDOR
Unanimously Adopted by Trinity River Corridor Steering Committee
April 14, 1988
On March 3, 1988, the Steering Committee of the Trinity River Corridor
Interjurisdictional Management Program met with Colonel John E. Schaufelberger
of the U.S. Army Corps of Engineers, Fort Worth District, to review a
preliminary Record of Decision on the Regional Environmental Impact Statement.
The Record of Decision was based upon consideration of data within the Regional
EIS, the Interim Regional Policy Position on Trinity River Corridor and draft
Statement of Principles for Common Permit Criteria submitted by the Steering
Committee, and other public comments received by the COE. After presenting the
Record of Decision, Col. Schaufelberger offered to entertain additional
comments and agreed to a subsequent meeting with the Steering Committee on
April 28, 1988.
The following comments to the Record of Decision have been developed through
the Trinity River Corridor Interjurisdictional Management Program, and approved
by the Steering Committee on April 14, 1988 for transmittal to the Fort Worth
District Engineer of the U.S. Army Corps of Engineers.
1. THE NEED FOR A ROUND 3 INITIATIVE WITH COE INVOLVEMENT.
The Regional EIS has provided the north central Texas region a better
understanding of the potential cumulative impacts of flood plain reclamation
activities. A significant outcome of the COE's exemplary effort is a more
comprehensive set of hydrologic and hydraulic models for the entire corridor.
Although these models are appropriate for the purposes of the Regional EIS,
they are not sufficiently detailed for site-specific flood plain management
throughout the corridor study area. The river corridor has been developed to
such an extent that a detailed engineering analysis is absolutely necessary.
The Interim Regional Policy Position supports a major initiative by the Corps
of Engineers, in cooperation with local governments through NCTCOG, and a
parallel state interagency initiative to accomplish a reduction of the risk of
flooding, a restoration of the natural environmental and water qualities, and
an enhancement of the quality of life through open space and park development
for the Trinity River. This major initiative would serve as a "Round 3" in the
intergovernmental process begun by the Regional EIS.
The need for expanded COE technical assistance to aid local governments in
their review of proposed flood plain reclamation projects was also expressed in
the Interim Regional Policy Position. A proposed common permitting process
was outlined in a draft Statement of Principles. Expanded COE technical
assistance cannot be satisfactorily accomplished without a Round 3 flood study.
(Attachment 'A')
2. PROPER APPLICATION OF REGIONAL EIS TECHNICAJ~ FINDINGS.
While the technical findings of the Regional EIS are appropriate for developing
a COE Record of Decision on federal 404 permitting criteria, the Regional
data is not sufficiently detailed for flood plain management throughout the
entire corridor study area. To allay concerns that findings within the
Regional EIS could be used inappropriately, the COE is strongly recommended to
to take two suggested actions.
During the time before funding and implementation of a new study occurs, the
Fort Worth District Engineer should take action to:
a. Issue an Interim Record of Decision, pending a comprehensive flood
plain study; and
b. Modify either the preliminary Record of Decision or the ~nterim Record
of Decision with language which embodies the following thoughts:
[NOTE: underlines indicate added text; strike-outs indicate deleted text]
In order to clarify the purpose for which the Regional EIS should and should
not be used, the following disclaimer language, at the beginning of the Record
of Decision, is suggested:
The information in the Regional EIS is adequate for the purpose for
which it was intended, i.e. the use of the Corps in .developing a Section
404 permitting strategy. However, the Regional EIS obviously needs
refinement before it can 'be used for any other purpose~ inclu~in'~ use as
the bas'~line conditions for the Corps' Section 404 permittingi Recipients
of the Regional EIS and of this Record of Decision are reminded that the
Begional EIS is not, and never was intended to be a detailed desig.n
document. Design.decisions requirin~ water surface predictions based on
critical storm centerin§s, and which are sensitive to valley storage
computations, should be based on detailed site-specific en~ineerin~
analyses. Any use of the Regional EIS in the makin~ of decisions
concerning the modification of FEMA flood insurance maps or any
'site-specific public or private flood control management decisions is
imprdper without'a thorough technical' r'eview and engineering validation.
Local governments have determined that additional, detailed studies
are needed in order to develop more accurate, conclusive
hydrologic-hydraulic profiles for the portion of the Trinity River
watershed covered by the Regional EIS. In particular, use of only the
Regional EIS without site-specific analysis to assess adequacy of existing
flood control structures and facil'ities would be improper.'
Furthermore, neither the Regional EIS nor this Record of Decision
encroach upon the responsibility of design engineers or the authority of
local governments. The Regional EIS, its public review, and this Record of
Decision serves only to establish and document "best overall public
interest" as it applies to the Trinity River Corridor. It remains the
responsibility of design engineers to perform competent work in accordance
with professional design practices." As always, pefmit applications which
propose ~lood'plain modifications and/or site-specifi~ flood control
structures will need to satisfy review agencies as to the reasonableness of
design assumptions.
2
III. Decision. (page 4) It's recommended that the following language be
added~. Decision" on page 4, and thereby begin this section with the
observations that:
The Regional EIS is probably the most comprehensive such study done in
the U.S. It h~s successfully highlighted the need for plannin~ for the
region and cooperation amon~ the ~overnmental entities along the Trinity
River corridor to achieve qua~it~ development.
Because of the massiveness of the undertaking and the importance of
its impact on ~uture growth in the affected area, as well as preservation
of the environment, the comments from the cities, and other governmental
entitles'have been carefully consider'ed.
III A.2., Maximum allowable loss. (page 4) To assure that findings within
the Regional EIS are not applied inappropriately, the following inserted
language and deletions are recommended:
2. The maximum allowable loss in storage capacity of the lO0-year and SPF
discharges will be 0% and 5% respectively. It is appropriate for the
Corps of Engineers to base the storage loss calculatidns upon the
flood plain elevations taken from hydraulic and hydrologic models that
have been the basis of Section 404 permit evaluations during the
"Interim Criteria" time period, prior to release of the Draft Record
of Decision, or more current data submitted by the appli6ant. Ihe
~e~ge-~es~-~b~e~-w~-be-b~ed-en-~he-~ee~-~-e~eva~e~s
eleva~eRe.--~he-supp%emeR~a~-da~a-w~-be-used-~R-~he~e-ea~ee~
III, D.1., For levees. (page 5) To assure that findings within the Regional
EIS are not applied inappropriately, the following inserted language and
deletions are recommended:
.... the minimum design criterion for the top of levee is the SPF, from the
hydraulic and hydrologic models that have been the basis of Section~--
permit evaluations during the "Interim Criteria" time period, p~ior to
release of the D~aft Record of Decision, Ur more current data submitted by
the applicant, plus 4.0 feet of freeboard. ~-de~e~-~-bhe-~a~
~eg~e~a~-E~$-~ev~sed-Base~ne-~u~e-g~seha~ges-~ex~epb-whe~e-me~e-~a~
s~e~m-~e~e~gs-e~s~s~-as-d~se~ssed-abeve~-~s-4.g-~ee~-e~-¢~eebea~.
3. GUIDELINES FOR RATE AND VELOCITY OF RUNOFF.
The guidelines for rate and velocity of runoff (subparagraph A., page 6) are
vague and lack practicality. The following wording is a preferred substitute:
A. Runoff. Site drainage systems should minimize potential erosion and
sedimentation problems both on site and in receiving water bodies.
3
4. MAIN STEM IMPACTS.
Section III.A. (page 4) of the Record of Decision is titled "Hydraulic impacts
Main Stem projects." Since some persons regard the "Main Stem" as the river
sections below the confluence of Elm Fork and West Fork, it is recommended that
this title be changed to "Hydraulic Impacts of Elm Fork, West Fork and Main
Stem Projects."
5. TRIBUTARY IMPACTS.
The COE has chosen to include within its Record of Decision hydraulic criteria
for tributaries of the Regional EIS study area. The draft Statement of
Principles for Conmnon Permit Criteria developed through NCTCOG strictly
confines the proposed CDC process to the main channel SPF and the to limits of
the SPF backwater up the tributaries. The Record of Decision should clearly
state that the hydraulic criteria which the COE has established for tributaries
did not originate from local recommendations developed through the COMMON
VISION program.
6. REGIONAL PUBLIC FACILITIES.
In Section II entitled "Discussion of Issues and Factors," the Corps states on
page 4 that "Variance from the criteria discussed below would be made only if
public interest factors not accounted for in the Regional EIS, overwhelmingly
indicate that the 'best overall public interest' is served by allowing such
variances."
It is recommended that the Corps insert language prior to the introduction to
the "guidelines" on page 5 of the decision, which states that the Corps
recognizes the importance to the "overall public interest" of regional public
facilities such as transportation facilities on Cities' Master Thoroughfare
Plans. Special consideration should be given to permits for those facilities
to allow variances or waivers from the criteria when those facilities show only
minor detrimental impacts on the river corridor.
Adopted by the Trinity River Corridor Steering Committee on April 14, 1988.
STEERING COMMITTEE MEMBERS PRESENT AND SUPPORTING:
Arlington - Ken Groves, Councilmember
Carrollton - Gary Blanscet, Councilmember
Coppell ~ Mark Wolfe, Councilmember
Dallas - John Evans, Mayor Pro Tem
Farmers Branch - Calla Lea Davis, Councilmember
Fort Worth - Bert C. Williams, Mayor Pro Tem
Grand Prairie - Ed Galligan, Councilmember
Irving - Jeff Singleton, Councilmember
Lewisville - John Peveto, Councilmember
Chairman - Gary Skaggs, Immediate Past President, NCTCOG
Interim Regional Policy Position
on Trinity River Corridor
By the Steering Committee and the Executive Board
of the North Central Texas Council of Governments
The Dallas/Fort Worth metroDlex is the largest inland metropolitan region in the country, surrounding a relat,vely small stream named
the Trinity River. TO assure adequate water supply to the region's 4 million people, upstream reservoits have been built on all malor
forks and tributanes. Thus, the summer flows in the West Fork and Main Stem of the aver consist pnmarily of highly-treated
wastewater effluent, wbile the Elm Fork conveys mostly lake releases to a Dallas water treatment plant.
Long-standing federal plans to construct a barge canal from Fort Worth ta the Gulf were abandoned in the early 1980's. leading to
numerous unrelated requests for federal permits to reclaim po~ons of the flood plan for commercial and realdent~al development.
The Fort Worth Disthct of the US. Army Corps of Engineers, which was formed after severe aver flooding in the t940's, has recently
completed a three-year regional study of the cumulative effects of atlemative development scenanos. Throughout this effort they have
worked closely with elected officials and staff from the nine affected cities and three counties through the North Central Texas
Council of Governments.
The Corps of Engineers indicates that two malor conclusions have emerged from their Final Regional Environmental Impact
Statement. The first "reemphasizes that a widespread lack of Standard Project Flood (SPF) protection currently exists* throughout the
aver corridor The SPF flood plain now consists of about 69.500 acres, with 4,400 acres of rescdential property and 10,000 acres
of commercial/industrial property Damages to proper'q/ if a Standard Proiect Flood were to occur today could approacb several
billion dollars.
The second major Corps of Engineers conclusion is that 'different permitting strategies have a measursbte and significant impact on
the extent of increase of this lack of SPF protection." Under the most extensive development scenario, tlood damages could triple
the estimates for the baseline condition, not including the cat~strophic effects if the Dallas Ftoodway tevees were breached. However,
the Corps of Engineers has stated that it has limited permit authonty in the flood plain to affect these sceoanos, and that any
solutions must come from a Cooperative approach among local govemments.
Since mid-1986, NCTCOG has been serving as convener and facilitator of affected local governments in pursuit of a COMMON
VISION for the Tnnib/ River Corridor The Regional ElS provides invaJuable intormahon to aid local governments in this quest The
Steering Committee of elected officials which is guiding the inter]unsdictional program has recognized that even under existing
developed conditions many citizens and many thousands of acres of land are under the threat of flooding in SPF conditions. Until a
malor flood control program can De completed to reduce or eliminate the existing %coding threats, the continuing pressure for
development of the flood plata must be managed in the most pracbcal and equitable manner possible to at least stabilize current
levels of flooding risk Attention must also be placed on meeting water and other environmental quality goals and implementin9
desired regional public facilities
The Fort Worth District of the Corps of Engineers will use the Regional ElS and related public comments to revise their permit
policies in a Record of Decision
As a significant next step in ~ts pursuit of a COMMON VISION. the Trinity River Comdor Steering Committee and the Executive
Board of the North Central Texas Council of Governments adopts this Interim Regional Polic,/ Position on the Trinity River Corridor
The Trinity River Corr/dor is a unique regional resource.
The lO0-mile Tnnity River Comdor includes the Standard Project Ftood fSPF) flood plain of the West Fork, Elm Fork, M~un Stem
and ma~or tributaries from the reservoir dams downstream to south Dallas. The river corridor is a uelque regional resource in the
heart of a growing metToptex. Desires to reclaim or preserve it can and will obviously conflict--there ~s room in the 70,000 acres
of the corridor for both. The aver comdor is valuable to all 4 million residents of the region and the millions to come,
Local governments must be the stewards of the Trinity River Corridor.
Whatever is done to reclaim or preserve the river comdor will require local government action--zoning, permits, capital
expenditures, maintenance White other governmental bodies, such as levee districts, several state agencies, and three Federal
agencies, have fragmented authority within the nver corndor local governments are directly responsible for the overall health
safety and welfare of tbe~r own citizens Thus, local governments must take the lead as stewards of the rtver Corridor
Individual local goals can only be achieved through cooperative management.
The river eomdor encomoasses portions of at least nine ctties and three counties. NO single local government can attain its own
goals alone, s,nce actions of upstream and downstream communities witl directly affect them The participating local governments
have recognized this even more clearly as they have reviewed the Final Regional ElS, and have reaffirmed their desire to pursue a
COMMON VISION for the Tnnity River Corridor
Short Range Policies
The following policy statements reflect actions to be accomplished by the participating local, state and federal agencies
between 1988 and 1990 to stabilize the existing risk of flooding, initiate a world-class Tdnity Greenway strategy, and
continue to improve water and other environmental quality conditions,
A key to successful cooperative management is common permit criteria.
A significant finding from the Final Regldnal ElS is that different ideal policies for flood plain reclamation can increase or reduce
the dsk of flooding or the potentiaJ for water quality degradation. Each city in the river comdor currently uses its own set of
cntena for pemnitting a development project, which must meet minimum flood ~nsurance requirements. To assure successful
cooperative management, participating local governments should develop and use common critena for permit decisions.
The common criteria should be derived from the Corps of Engineers interim permit criteria,
Because of the scgniticant findings in the 1986 draft Regional ElS, the Corps of Engineers formulated a set of sthcter "interim' criteria
for their use until their Record of Decis4on is rendered. A set of draft cnteria have been developed by the Steering Committee to serve
as the bas~s for further negotiations among local govemmeots, the Corps of Engineers, and other state/federal agencies They are
deeved from the Carps interim cdteoa, They would be aPDlied for the entire flood p~n, not just the Corps' jurisdictional area. Cities
could still have site-specitic requirements as long as they would not conflict with the common cntena.
The common criteria should be adopted through regulation by local governments, the Corps of Engineers,
and other state/federal agencies.
To be effective, the common permit cntena should be incorporated by local governments into current flood olaJn ordinances, the Corps
of Engineers into a District policy, and other agencies such as the Federal Emergency Management /~ancy and the U.S. Fish and
Wildlife SenAce into their pales. To aid permit applicants and assure consistency of interpretation, a cPteda manual should be developed
which clearly describes and illustrates the common permit cetera.
A computerized Trinity River Information Network (TRIN) should be initiated to track public and
private actions.
it is clear from the recent qrogram that there ts poor tracking at prolects along the comdor and inadequate communication among lc
state and feOeral agencies. TRIN would Pea computer maDpldg and geographic information management system ma~ntajned by
NCTCOG. The Revised E~sellde would initially be encode(], then each puDlic or private project would be added as considered under the
common chteba. It w~uid serve as permanent documentation of permit decisions, and be used as input ~, the Corps of Engineers and
others to the hydrsuiics/hydrology computer models.
Expanded technical assistance within the river corridor should be provided by the Corps of Engineers.
it is extremely impo~ant that computer modeling of the river comdor be [~erformed on a consistent basis so that the impacts of a
proposed development activib/ can be faldy evaluated under the common cnteria. Since the Corps of Engineers has updated these
models for the Regional ElS, they could provide valuable assistance to consultants and cities for tocal permits not covered under the
Corps oermit authorrq/ on a fee-for-service bas~s.
A regional review and comment process on major actions should be established.
To ~mprove communication among affected local governments, and coordination with state and federal agencies, a regionat review and
comment process should be astablished for major actions. Applications for ldcal, State. FEM^ and Corps of Engineers develdpment
permits within the corridor would be tTa~smitted to affected cities and counties for review and comment only The review and comment
process currently used by the Atlanta Reg~onaj Commisalon would be examined for its applicability
A Trinity Greenway of major parks linked by a regional trails system should be pursued.
Tens of thousands of acres of open space are being preserved within the nver comdor with outstanding potential for active and psss~ve
recreation. Even if the most extensive development ssenano were implemented, the remaJnmg open space acreage would equal more
than twenty New York Centhal Parks. Using TRIN, local parks and recreation professionals should prepare a realistic Trinity Greenway
strategy of major parks linked by a regional t~ails system Funding pnodties for implementing such a greenway would then be sought
from the Texas Parks and Wildlife Department in their 1990 Texas Outdoor Recreation Plan
Current designated uses of the Trinity River should be maintained until the Trinity Greenway strategy is
prepared.
The Texas Water Cornmiss~on proposal to upgrade recreation use of the Tnnity River from nonccntact to contact recreation shou{d be
delayed until the state use-attajnapility study is completed (1989) and the potential for a Trinity Greenway ~s further defined by the Texas
ParRs and Wildlife Department and local governments ~n the Texas Outdoor Recreation Plan. The feasibility of swimming and other
contact recreation activities in the rwer corridor w~uld be directly addressed
Studies to identify the causes and solutions to periodic fish kills should be continued.
Dissolved oxygen quality in the nver under normal flow conditions has improved significantly dunng the last decade, as malor
vcastewater treatment plants have been upgraded. However, periodic fish kills have occurred downstream of the region dunng
peak river flow events with Iow dissolved oxygen levels. The Texas Water Commission should continue its lead role in coordinating
Local state and federal studies to document the causes of these fish kills and to identity realistic and effective solutions.
Scientifically. sound information on toxic pollutants should be obtained.
In the past. limiteO sampling of nver bottom sediments at scattered sites has found elevated levels of setected toxic pollutants
Several monitonng studies are now undenccay to determine the levels of selected pesticides and heavy metals in the water and
fish The Texas Water Commission should use scientifically-sound technical data as the basis for setting any new toxic standards
required by federal law.
Sites' for future regional stormwater detention basins should be preserved.
As identified in the Final Regional EtS. sites for future regional wet detention ponds should be preserveq, since the fish kill studies
or the emerging statewide nonboint source assessment and management program may identity a need for such facilities as an
alternative to costly stormwater treatment. However, the need for tertiary treatment of wastewater effluent by land application in
the flood plain has not been justified at this time.
Particular attention should be given to desired regional public facilities.
There are ~mportant regional public facilities that must be protected from potential flooding damages, such as the joint system
wastewater treatment plants. New public facilities such as bridge crossings, a potential parkway, and the Raiitran mass transit
system must be planned carefully and comply with the common c~teda.
Long Range Policies
The North Central Texas Council of Governments and its member local governments, through a concerted petition of the
appropnate officials and agencies of our State and Federal governments, will seek to accomplish a reduction of the risk of
flooding, a restorabon of the natural environmental and water qualities, and an enhancement of the quality of life through
open space and park development for the Trinity River.
Congress should authorize and fund a major Corps of Engineers Flood Plain Study
The Committee on Public Works and Transportation of the House of Representatives should request that the U,S Army Corps of
Engmeers rewew past documents and available information, including the 1987 Environmental Impact Statement (House Document No
276, Eighty-ninth Congress) on the Trinity River, with a wew towards federal parbcipation in a malor comprehensive flood plain study
among local, state and federal agencies The Congress of the United State should provide authonzation and full federal funding to the
Corps of Engineers, with initial funding in FY 1989. for its role in this cooperative effort, inciudin§:
· detailed mapping of the flood plain and the same computer modeling of flood flows;
· recommendations on structural and nonstructural improvements to reduce flood damages, enhance environmental and water qualities
and provide for recreation;
· rewsed flood elevations, profiles and maps; and
· a planning document and tecf~nical data base for overall flood plain management by local, State and Federa~ agencies.
The State Legislature should authorize a parallel state interagency initiative
It is evident from the recent studies that several state agencies play an important role in the decision-making process regarding the
Tnnib/ River Comdor The Texas Water Commission establishes water quality standards and discharge permit limits, and reviews levee
projects. The Texas Parks and Wildlife Deparlment allocates funding for local parks but also advocates environmental preservation The
Texas Water Development Board provides financing for local flood control projects. It is vital that the disl:~te and sometimes conflicting
actions of these state agencies be better coordinated, and be interl'wined with the Corps of
Engineers initiative
There should be a compilation of the city comprehensive plans for the Trinity River Corridor.
The Iong~range future of each city ~s expressed through its owr~ comprehensive plan There should be s compilation of the city plans
available for the Trinity River Corridor to provide for ~mbroved cooperation
NCTCOG Executive Board 1987-88 Trinit~ River Corridor Interjurisdictiona( Management Program
Presiden~ ~rl PU/~U~ of a Co~o~ V~s~o~~
Adopted by the Trinity River Corridor Steering Committee and the Executive Board of the North Central Texas Council of
Governments on Januarf 28, 1988, and amended on April 7, 1988.
Whet is NCTCOG?
The North CentTal Texas Council of Governments is a voluntary association of cities, counties. ~chool districts, and special distr~cts
in the sixteen-county North Centre/ Texas region Established in January, 1966, COG assists local governments in planning for
common needs, cooperating for mutual benefit, and coordinating for sound regional development.
The Gouncil of Governments ~s an organization of, by, and for local governments It strengthens both the tndividual arid collective
power of local governments -- asd beths them recognize regional o0portun~ties, resotve regional problems, e~iminate unnecessary
duplication, and m~ke joint regional decisions, COG also devetops the means to assist in the implementation of those decisions.
North Central Texas ~s a s~xteen-county metropolitan region centered around Dallas and Fort Worth it has a pooulation of 3 8
m~tlion persons and an area of t2.789 square miles NCR-COG has ~99 member governments -- ~ncluding t6 counties, 147 cities
20 independent school distr~cts, and 16 special districts
For more information contact:
North Central Texas Council of Governments, Department of Environmental Resources -- P O Drawer COG 616 Six Flags
Drive Arlington Texas 76005-5888/1817) 640-3300 !metro)