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ST9902-CS100312 (8/24/2011) Keith Marvin - Re: FW: 0918-45-773 Sandy Lake Road CE Dallas County - ThweattParkPage 1 From: Keith Marvin To:Atkins, Matt Date: 3/12/2010 10:12 AM Subject: Re: FW: 0918-45-773 Sandy Lake Road CE Dallas County - ThweattPark Got your message. I'll talk to our attorney. Keith >>> "Matt Atkins" <matkins@tnp-online.com> 3/12/2010 9:27 AM >>> Keith, This email provided some additional insight on the issues and I will check on the options that might be available. It sounds like changing the deed may be the easiest, since TxDOT has suggested it, so I will check on that as well. I will keep you posted. Have a great week. Matt Atkins, P.E. Project Manager 12160 North Abrams Road, Suite 508 Dallas, Texas 75243 214.461.9867 office 214.461.9864 fax matkins@tnp-online.com www.tnp-online.com -----Original Message----- From: Ali Taheri [mailto:ATAHERI@dot.state.tx.us] Sent: Friday, March 12, 2010 9:06 AM To: Keith Marvin Cc: Alma Canning; Ken Griffin; Maurice Pittman; Moosa Saghian; Matt Atkins Subject: Fwd: 0918-45-773 Sandy Lake Road CE Dallas County - ThweattPark Keith, I am sorry for my delay, attached is the email that I was talking about. I talking to Maurice this morning, he said he had another case within the City of Dallas which the City changed the deed in order to avoid Section 4(f) problem (4(f) may takes up to a year, and a lot more money which we don't have). Alma, Please hold off on section 4(f) issue for time being. If you have any questions or comments don't hesitate to e-mail or call me at the number below. Ali Taheri, P.E Dallas Dist Project Delivery Office 4777 E. Highway 80 Mesquite, Texas 75150 (214)319-6566 (Tel.) (214)320-4408(FAX) e-mail: ataheri@dot.state.tx.us (8/24/2011) Keith Marvin - Re: FW: 0918-45-773 Sandy Lake Road CE Dallas County - ThweattParkPage 2 >>> "Alma Canning" <alma@civilassociates.com> 3/11/2010 3:02 PM >>> Ali, Thank you for your time in taking our call. Before we call the City of Coppell (City), I would like to recap what we have discussed so far: 1. A year ago, the designer (TNP), TxDOT APD and Area Office, and CAI met to discuss the park (Thweatt Park) which would be impacted by the proposed project. It is a Section 4(f) property. The proposed project would require approximately 0.68 acre of new ROW from the park. This would trigger a Section 4(f) evaluation. This impact is greater than 10 percent of the total park; therefore, a Section 4(f) evaluation would be required. However, during the meeting it was presented that the park is deeded as a fire station and not park. Then the project was put on hold. 2. Last week, CAI was given notice to proceed with the project. We have reevaluated the report and based on the ENV manual on Section 4(f), the park triggers Section 4(f) coordination even if it was deeded as a fire station because: - the property is owned by the city, and - the properties primary function is a park, according to the City and published media documents. Because ROW impact is greater than 1/10 of the total acreage the project would not qualify as a de minimus Section 4(f). A Section 4(f) evaluation would require the following: preparation of a Section 4(f) report, preparation of an avoidance alternative from the designer, and public involvement (public hearing for Section 4[f] with associated published notices in the appropriate languages). 3. Per our phone conversation with Robert Hall and Jan Heady, it was agreed upon that in order to avoid a Section 4(f) issue, we should suggest to the City to have the deed of the park changed to "park and transportation use". This would negate Section 4(f) applicability to the park property. 4. Based on our phone conversation, you have recommended us to call the City and inform them of this matter (which we will upon confirmation of this email). Please let me know if you have any questions. Also, our contract is (8/24/2011) Keith Marvin - Re: FW: 0918-45-773 Sandy Lake Road CE Dallas County - ThweattParkPage 3 through TxDOT rather than the City. Sincerely, Alma R. Canning Senior Environmental Scientist Civil Associates, Inc. 1521 Northwest Highway Garland, Texas 75041 214-703-5151 214-703-5150 fax alma@civilassociates.com -------------------------------------------------------------------- This e-mail and any attachments are confidential and may contain legally privileged information. If you are not the intended recipient, you should not copy, distribute, disclose or use the information it contains, please e-mail the sender immediately and delete this message from your system. Note: e-mails are susceptible to corruption, interception and unauthorized amendment; we do not accept liability for any such changes, or for their consequences. You should be aware that we may monitor your e-mails and their content. Congratulations to Texas Adopt-a-Highway volunteers for 25 years of keeping our state litter-free. Find out how you can get involved at www.dot.state.tx.us/trv/aah/