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ST9902-CS101108(8/26/2011) Keith Marvin Re: Fwd: FW Sandy Lake Road CE, 0918 -45 -773, Dallas County- Thweatt Park potential 4(f) Page 1 From: "Ali Taheri" <Ali.Taheri @txdot.gov> To: "Robert Hall" < Robert. Hall @txdot.gov> CC: "Alma Canning" <alma @civilassociates.com >, "Naser Abusaad" <naser @civila... Date: 11/8/2010 11:23 AM Subject: Re: Fwd: FW: Sandy Lake Road CE, 0918 -45 -773, Dallas County - Thweatt Park potential 4(f) Attachments: Fwd: FW: Sandy Lake Road CE, 0918 -45 -773, Dallas County - Thweatt Park poten tial 4(f) Robert, Is this final verdict for environmental (Section 4f)? or City still has the option to change the Thweatt Park deed to for "Transportation purpose only ". Letting date for this project is January 2012. Ali >>> Robert Hall 11/8/2010 10:14 AM >>> Robert, please look over the attached and call to discuss. Thanks Robert Hall, P.W.S., C.F.M. Environmental Coordinator Dallas District 4777 E. Highway 80 Mesquite, Texas 75150 phone- 214- 320 -6157 fax - 214- 320 -4470 Robert. Hall @txdot.gov Texas Transportation Forum www.texastransportationforum.com Page 1 of 6 Keith Marvin - Fwd: FW: Sandy Lake Road CE, 0918 -45 -773, Dallas County - Thweatt Park potential 4(f) From: "Lindsey Kimmitt" <Lindsey.Kimmitt @txdot.gov> To: "Robert Hall" <Robert.Hall @txdot.gov> Date: 11/8/2010 8:25 AM Subject: Fwd: FW: Sandy Lake Road CE, 0918 -45 -773, Dallas County - Thweatt Park potential 4(f) CC: "Dan Perge" < Dan. Perge@txdot.gov>, "Jan Heady" <Jan. Heady @txdot.gov> Attachments: Warranty Deed.PDF; CM 1995- 11- 14.PDF; RE 01- 23- 96.1.PDF; Theatt Park Aerial.PDF; Thweatt Park Photographs.PDF; Thweatt -CS 960829.PDF; Thweatt -PN 910923.PDF Please see FHWA's determination. >>> <Anita.Wilson @dot.gov> 11/5/2010 2:06 PM >>> This I ' I is out toda and I understand y ou wanted our response ASAP so I am forwarding the discussion I I der that this IS Section Benefit would be appropriate. If you have any questions, let us know. Anita N. Wilson Urban Pro En 51 1 (f From: Bruechert, Tom (FHWA) Sent: Friday, November 05, 2010 1:50 PM To: Wilson, Anita (FHWA) Subject: FW: Sandy Lake Road CE, 0918 -45 -773, Dallas County - Thweatt Park potential 4(f) M opinion is in line ' s below. 4(f) applies and net benefit I processin step. If significance is called into question , our decision info becomes available for our consideration. Tom Bruechert Environmental r FHWA - Texas Division From: Maley, Barbara (FHWA) Sent: Friday, November 05, 2010 10:00 AM To: Bruechert, Tom (FHWA) Cc: Bayer, Marsha (FHWA) Subject: FW: Sandy Lake Road CE, 0918 -45 -773, Dallas County- Thweatt Park potential 4(f) file: / /C: \Documents and Settings \radloo \Local Settings \Temp \XPgrpwise \4CD7DDC2City... 8/26/2011 Page 2 of 6 In the interest of full disclosure: I reside in Coppell, TX. In my opinion, the resource clearly meets three of the four 4(f) applicability criteria. The one in question is `significance.' From the email sting, I gather the City of Coppell is willing to go on record and state 'Thweatt Park does not play an important role in the park and recreation objectives of the City.' 4f Applicability Criteria (Source: 23 CFR 774.17 (Definitions) and Policy Paper Q &A #2: Publicly owned: yes See warranty deed Open to the public: yes Officially designated as park, recreation area, etc.: yes See City Council Minutes 11/14/95, 96 Resolution and 1995 Park Site Study And is .... (local) ' i i i `: no pe OWJ i.e., C ity of Coppell below. BCM Reference Materials: 1)City of Coppell MINUTES OF NOVEMBER 14 1995 Item 30. Consider approval of naming park property at Sandy Lake and Coppell Roads City Manager Jim Witt made a presentation to the Council Councilmember Mayo moved to name the park at Sandy Lake Road and Coppell Road `Thweatt Park. CouncilmemberTunnell seconded the motion; the motion carried 7 -0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo and Sheehan voting in favor of the motion. 2) City of Coppell Resolution 012396.1 ... AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES SECTION 4: The City of Coppell hereby specifically authorizes the official to make application to the (Texas Parks and Wildlife) Department concerning the site to be know (sic) as Thweat Park in the City of Coppell for use as a park site. That Thweat Park will continue to be dedicated for public park and recreation purposes in perpetuity 3) Conceptual Park Site Study; 1995 including request for park sign. Policy Paper Q &A #2 2. Public Parks, Public Recreation Areas and Wildlife and Waterfowl Refuges Question A: When is publicly owned land considered to be a park, recreation area or wildlife and waterfowl refuge and who makes this determination? Answer A: Publicly owned land is considered to be a park, recreation area or wildlife and waterfowl refuge when the land has been officially designated as such by a Federal, State or local agency and the officials of these governmental entities, having jurisdiction over the land, determine that one of its major purposes and functions is for park, recreation or as a refuge. Incidental, secondary, occasional or dispersed park, recreational or refuge activities do not constitute a major purpose. For the most part the "officials having jurisdiction" are the officials of the agency owning or administering the land. There may be instances where the agency owning or administering the land has delegated or relinquished its authority to another agency, via an agreement on how some of its land will function or be managed. FHWA will review this agreement and determine which agency has authority on how the land functions. If the authority has been delegated or relinquished to another agency, that agency must be contacted to determine the major purpose(s) of the land. Management plans that address or officially designates the major purpose(s) of the property should be reviewed as part of this determination. After consultation, and in the absence of an official file: / /C: \Documents and Settings \radloo \Local Settings \Temp \XPgrpwise \4CD7DDC2City... 8/26/2011 Pa 3 of 6 Si Barbara C. Male 214.224.2175 file: 11C: \Documents and Settin Settin 8/26/2011 Page 4 of 6 barbara. maley@dot.gov From: Bruechert, Tom (FHWA) Sent: Friday, November 05, 2010 8:04 AM To: Maley, Barbara (FHWA); Bayer, Marsha (FHWA) Subject: FW: Sandy Lake Road CE, 0918 -45 -773, Dallas County - Thweatt Park potential 4(f) Please help b wei in with i i ons. I'm leaning towards determinin i "park" is i gned that way, despite the City i it is Also the proposed pro is i i i sidewalk) parcel. thinking i concern Please take a look at the attachments and provide feedback. You do not have to a with me. M onl o. o n of the sidewalk doesn't as what is shown on the on the 0 HIM = Tom Bruechert Environmental r FHWA - Texas Division From: Majzoub, Dean (FHWA) Sent: Thursday, October 21, 2010 1:34 PM To: Wilson, Anita (FHWA) Cc: Bruechert, Tom (FHWA); Lindsey Kimmitt Subject: FW: Sandy Lake Road CE, 0918 -45 -773, Dallas County - Thweatt Park potential 4(f) believe i is i dn't find it in i will i at y our desk. From: Lindsey Kimmitt [mailto: Lindsey. Kimmitt@txdot.gov] Sent: Thursday, October 21, 2010 1:09 PM To: Majzoub, Dean (FHWA); Bruechert, Tom (FHWA) Subject: RE: Sandy Lake Road CE, 0918 -45 -773, Dallas County - Thweatt Park potential 4(f) Tom /Dean, Please see below and attached in response to your comments /questions (6/16/2010): file: / /C: \Documents and Settings \radloo \Local Settings \Temp \XPgrpwise \4CD7DDC2City... 8/26/2011 Page 5 of 6 [ I ] FHWA would like documentation for our files about where this "desi is written and formalized. It may • • or • - other means by the City of •pp Not - . lly sure where it would be found ... please advise. A cop of the deed would be g ood supportin documentation to have for our file. The City of Coppell (the City) does not have a resolution that designates Thweatt Park as a park. The City purchased the property in 1991 as indicated in the attached Warranty Deed signed October 14, 1991. In November of 1995 it was designated as "Thweatt Park" by action of the City Council as indicated under Item 30 in the attached minutes (CM 1995- 11- 14.pdf). In 1996 the City applied for matching funds through the Texas Parks &Wildlife Department for park development, however it was not approved, and the park was never developed. The resolution (RE 01- 23- 96.1.pdf) accompanying that application and the subsequent rejection (Thweatt -CS 960829.pdf) is attached. The parcel map (Thweatt -PN 910923.pdf) is attached. [ 2 ] lt also states that "There are no existin plans to add more amenities." However the schematic providelt shows a proposed ( not sure b whom) 8.5' and 10 'wide concrete trail? This appears like a proposed amenit to me... is it part of the TxDOT Sand Lake Road project? Please advise. The amenity "trail" referenced is the proposed sidewalk that would be constructed as part of the subject Sandy Lake Road project. There is not room within the existing ROW to maintain continuous sidewalks without breeching the pond's dam. Because of ROW constraints the proposed sidewalk has been routed through the park in order to avoid impacting the existing park's pond dam. [3]While we appreciate and need the input from the owner with jurisdiction, the final call on "significance" is held /made only by FHWA. Based on the info provided so far, FHWA is considering this a park therefore 4(f) applies. Comment noted. [ 4 ] We need g raphics that include where the fountain, pond and picnic area are located, as the onl existin amenities, to see if the are proposed to be impacted. Photos of the park area and amenities are also needed. V advise. There are no formal picnic areas (pavilion, benches, or tables) in the park. The pond with aeration fountain is the only amenity present within the park as confirmed via site reconnaissance, 04/02/08, and in current aerial photograph (7/12/2010). Please see the aerial photograph of the park (Thweatt Park Aerial.pdf) and the park photographs (Thweatt Park Photographs.pdf ) attached. >>> <Tom. Bruechert @dot.gov> 6/16/2010 2:46 PM >>> T hanks for the preliminar information attached to y our e-mail in to Dean on the subject topic. Iclonot think we have ., on (yet) to make an informed The letter from t t the t state the r park. Later they that " tt Par___ desi has been space..." file: / /C:ADocuments and Settings \radloo \Local Settings \Temp \XPgrpwise \4CD7DDC2City... 8/26/2011 Pa 6 of 6 FHWA would like documentation for our files about where this "desi is written and formalized. It ma be b resolution or some other means b the Cit of Coppell?? Not reall sure where it would be please advise. A cop of the deed would be g ood supportin documentation to have for our file. It also states that "There are no existin plans to add more amenities." However the schematic provided shows a proposed (not sure b whom) ®' and 10 'wide concrete trail? This appears like a proposed amenit to me... is it part of the TxIDOT Sand Lake Road pro Please advise. While we appreciate and need the input from the owner with jurisdiction, the final call on "si is held/made onl b ® Based on the info provided so far, FHWA is considerin this a park therefore 4(f) ® We need g raphics that include where the fountain, pond and picnic area are located, as the onl existin amenities, to see if the are proposed to be impacted. Photos of the park area and amenities are also needed. Please advise. T he additional information re in this e-mail will help FHWA determine what method to process the 4(f) would be most effective. In this re we'd appreciate a recommendation from ENV as well. 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