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ST9905-CS110701 Page 1 of 2 Keith Marvin - RE: USACE Project No. SWF-2004-00181  (0816-002-02) (UNCLASSIFIED) From:   "Mokry, Loretta" <lmokry@apaienv.com> To:"Gomez, Lisa G SWF" <Lisa.G.Gomez@usace.army.mil>,     <heather.n.markway@usace.army.mil> Date:   7/1/2011 3:50 PM Subject:   RE: USACE Project No. SWF-2004-00181  (0816-002-02) (UNCLASSIFIED) CC:   "Voight, Jason" <jvoight@apaienv.com>, "Keith Marvin" <kmarvin@coppelltx.gov> Attachments:TRACT 3_1.pdf; City Deed Restriction.doc; Skinner Deed Restriction.doc; Skinner     Exhibits.pdf   Heather and Lisa,   I am submitting the draft deed restrictions for the City of Coppell’s Tributary G-1 mitigation area (SWF-2004- 00181).  As the mitigation area is partly within City-owned property and partly within drainage easements, the City has prepared separate draft deed restrictions for the City-owned area and privately owned area.  Please review the attached draft documents.  Upon receipt of your approval, the City will record the documents and we will submit copies of the recorded instruments for your files.   Thank you, Loretta   Loretta Mokry Alan Plummer Associates, Inc. 10060 N Dowling Rd College Station, TX 77845   979.694.7619 home office 817.806.1700 Fort Worth Office    817.845.3280 cell www.apaienv.com   From: Gomez, Lisa G SWF [mailto:Lisa.G.Gomez@usace.army.mil] Sent: Friday, July 01, 2011 10:09 AM To: Voight, Jason Cc: Mokry, Loretta Subject: USACE Project No. SWF-2004-00181 (0816-002-02) (UNCLASSIFIED)   Classification: UNCLASSIFIED Caveats: NONE Mr. Voight:         We have received and reviewed the 2010 annual compliance report for the permit file referenced above. This is for the Modification of Tributary G-1 Downstream of Bethel Road West in Dallas County, Texas. According to your report, onsite construction activities are completed and planting of the mitigation vegetation was done by July 2009. Survival rate of the tree species observed exceeds 100%. Survival rate of the small tree and shrub species observed is greater than 80%. Site monitoring will continue with the next annual report due October 1, 2011.   file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\4E0DECADCity...8/23/2011 Page 2 of 2       PLEASE NOTE: This file is in NON-COMPLIANCE with permit conditions as you have failed to provide this office with a copy of the recorded deed restriction! Please respond within 30 days of this correspondence with a status of the deed restriction and your plans to resolve this issue ASAP!         The compliance project manager for this permit is Ms. Heather Markway.  Please direct any future correspondence to her attention.  Full contact information is provided below.  Thank you.     Heather N. Markway Regulatory Specialist Compliance & Support Section | Regulatory Branch | U.S. Army Corps of Engineers (CESWF- PER-RC) 819 Taylor Street, Rm 3A37 P.O. Box 17300 Fort Worth, Texas  76102 Heather.N.Markway@usace.army.mil | 817.886.1745 www.swf.usace.army.mil/regulatory   Please assist the Regulatory Program improve its service by completing the survey on the following website: http://per2.nwp.usace.army.mil/survey.html   Classification: UNCLASSIFIED Caveats: NONE file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\4E0DECADCity...8/23/2011 (8/23/2011) Keith Marvin - RE: FW: USACE Project No. SWF-2004-00181 (0816-002-02) (UNCLASSIFIED)Page 1 From: "Mokry, Loretta" <lmokry@apaienv.com> To: "Keith Marvin" <kmarvin@coppelltx.gov> CC: "Voight, Jason" <jvoight@apaienv.com> Date: 7/1/2011 3:08 PM Subject: RE: FW: USACE Project No. SWF-2004-00181 (0816-002-02) (UNCLASSIFIED) Yes, the draft deed restriction is to be reviewed and approved by the USACE prior to execution. I will forward the drafts to Heather Markway for review. As the drafts follow the standard USACE language, I don't anticipate any objections. Once we receive USACE acknowledgment that they approve the draft documents, then they need to be recorded and a copy of the recorded instruments submitted to the USACE. Thanks, Loretta Loretta Mokry Alan Plummer Associates, Inc. 10060 N Dowling Rd College Station, TX 77845 979.694.7619 home office 817.806.1700 Fort Worth Office 817.845.3280 cell www.apaienv.com -----Original Message----- From: Keith Marvin [mailto:kmarvin@coppelltx.gov] Sent: Friday, July 01, 2011 3:03 PM To: Mokry, Loretta Cc: Voight, Jason Subject: Re: FW: USACE Project No. SWF-2004-00181 (0816-002-02) (UNCLASSIFIED) Loretta, Does this mean the draft needs to go in for review prior to having it executed? If so, see the attached draft documents. Once I hear from you that they are acceptable, we'll move forward with executing the city document. I have already contacted the representative for the other property. Keith Keith Marvin, P.E. Project Engineer (972) 304-3681 >>> "Mokry, Loretta" <lmokry@apaienv.com> 7/1/2011 10:28 AM >>> (8/23/2011) Keith Marvin - RE: FW: USACE Project No. SWF-2004-00181 (0816-002-02) (UNCLASSIFIED)Page 2 Keith, Just received the email below from the USACE. Please note highlighted section (I highlighted what the USACE bolded) that indicates the City is not in compliance due to non-submittal of a recorded deed restriction for the mitigation area. The draft deed restriction we prepared for you previously that that City attorney indicated was not needed, needs to be dusted off, submitted to the USACE (ASAP) for approval, recorded with the County Clerk, so that the recorded deed restriction can be submitted to the USACE for the file. Call me if you have any questions. Loretta Loretta Mokry Alan Plummer Associates, Inc. 10060 N Dowling Rd College Station, TX 77845 979.694.7619 home office 817.806.1700 Fort Worth Office 817.845.3280 cell www.apaienv.com <blocked::http://www.apaienv.om/> From: Gomez, Lisa G SWF [mailto:Lisa.G.Gomez@usace.army.mil] Sent: Friday, July 01, 2011 10:09 AM To: Voight, Jason Cc: Mokry, Loretta Subject: USACE Project No. SWF-2004-00181 (0816-002-02) (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Mr. Voight: (8/23/2011) Keith Marvin - RE: FW: USACE Project No. SWF-2004-00181 (0816-002-02) (UNCLASSIFIED)Page 3 We have received and reviewed the 2010 annual compliance report for the permit file referenced above. This is for the Modification of Tributary G-1 Downstream of Bethel Road West in Dallas County, Texas. According to your report, onsite construction activities are completed and planting of the mitigation vegetation was done by July 2009. Survival rate of the tree species observed exceeds 100%. Survival rate of the small tree and shrub species observed is greater than 80%. Site monitoring will continue with the next annual report due October 1, 2011. PLEASE NOTE: This file is in NON-COMPLIANCE with permit conditions as you have failed to provide this office with a copy of the recorded deed restriction! Please respond within 30 days of this correspondence with a status of the deed restriction and your plans to resolve this issue ASAP! The compliance project manager for this permit is Ms. Heather Markway. Please direct any future correspondence to her attention. Full contact information is provided below. Thank you. Heather N. Markway Regulatory Specialist Compliance & Support Section | Regulatory Branch | U.S. Army Corps of Engineers (CESWF-PER-RC) 819 Taylor Street, Rm 3A37 P.O. Box 17300 Fort Worth, Texas 76102 Heather.N.Markway@usace.army.mil | 817.886.1745 www.swf.usace.army.mil/regulatory Please assist the Regulatory Program improve its service by completing the survey on the following website: http://per2.nwp.usace.army.mil/survey.html Classification: UNCLASSIFIED Caveats: NONE