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DR1101-CS111118Ken Griffin -Fwd: Re: Northlake Access Agreement From: To: Date: Subject: Patrick Ken Griffin "McInroe, Patrick" <Patrick. Mcinroe @ luminant. com> 11/18/20118:16 AM Fwd: Re: Northlake Access Agreement Page 1 of 3 This is what I previously sent. Paragraph a provides detailed information. Let me know if you need more detail than this and I will get F &N to provide an update. Thanks Ken Griffin >>> "McInroe, Patrick" <Patrick. Mcinroe @Iuminant. com> 11/3/2011 5:09 PM >>> Thanks very much. That is most helpful. We will get this incorporated into the access agreement draft. Regards, Patrick McInroe Sent from my iPad 111 n Nov 3, 2011, at 4:45 PM, "Ken Griffin" <kQriffin @coppelltx.gov> wrote: Mr. McInroe This is a summary of information I received from F &N concerning access to the site: This SDecific site visit will be visual only. no tests. Basically. two folks will walk around and take pictures so they can describe the habitat and the environmental impact of lowering the lake. In the future, access to the site will be needed to perform up to 4 geotechnical borings at the dam. One would be at the inlet, two would be along the pipeline alignment, and one would be at the outlet structure. Deaths will vary from 311115 to 70 feet. a. Subcontract with a drilling contractor to drill the borings at the proposed locations. The borings will be drilled with either continuous flight or hollow -stem augers. Obtain soil samples for laboratory testing using thin- walled sampler tubes in fine- grained soilsp , e rform Standard Penetration Tests in coarse - grained soils to obtain samples and perform cone Denetrometer tests on rock in the field. Backfill borings with cement- bentonite grout and plug the upper foot of each boring with concrete sack mix to prevent a tripping hazard. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4EC61462C... 3/5/2012 Page 2 of 3 This would probably be 2 or 3 days on site for a drilling rig. This information is from: John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 - 735 -7284 jlr @freese.com Hopefully this provides adequate information to move forward. If not, you can contact Mr. Rutledge directly or myself. Ken Griffin, P. E. Director of Engineering and Public Works 972- 304 -3686 kariffin@coppelltx.aov Clay -can you have your F &N contact call us to discuss what they want to do out at NLake? We have reviewed the document with the 3 proposed solutions, but need to understand what it is they want to investigate via the access agreement (is it only to look at any wetlands impact - 9.). That will really help us to get that agreement going, thx. Regards, Patrick J McInroe Director -Real Estate Development Energy Future Holdings, Luminant Generation Corp 500 N Akard, Lincoln Plaza, LP 10 -030D Dallas, TX 75201 patrick.mcinroegluminant.com Office: 214 - 875 -8686, Fax: 214 - 875 -8905 Mobile: 214 - 789 -8905 Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4EC61462C... 3/5/2012 Page 3 of 3 message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from our y system. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4EC61462C... 3/5/2012 Page 1 of 2 Ken Griffin -Fwd: RE:* Northlake From: To: Date: Subject: cc: Attachments: Patrick Ken Griffin "McInroe, Patrick" <Patrick. Mcinroe @ luminant. com> 11/21/20113:00 PM Fwd: RE: Northlake Clay Phillips 20111121142956.pdf There is an attached exhibit that shows the "exact" location of the proposed borings. Let me know if you need any additional information. Ken Griffin >>> John Rutledge <JLR @freese.com> 11/21/20112:40 PM >>> This shows where we would like the 4 borings. Hopefully, this will be sufficient to be called "exact ". It's certainly as "exact" as we know it to date. These are standard core borings with samples. We'll need to take a drilling rig truck to the site in order to get the borings. The holes will be filled upon completion. We're not planning on installing any instrumentation. Only the one in the riprap upstream from the spillway will require a little work, such as moving riprap or adding some fill to make a pad. We're fine with either. 1, 3, and 4 will be about 50'and 2 will be about 70. Total depths are not finalized. If there is any directions on getting in to the site and getting out and limitations on the driller while there, please let us know. The two folks doing the environmental assessment will cover a much wider area but are only doing a visual observation. I think that was fully covered in previous correspondence. Please let me know if more information is needed. Thanks JLR John L. Rutledge,, P.E. Freese and Nichols., Inc. 4055 International Plaza St 200 Fort Worth., TX 76109 817 -735 -7284 jlr @freese.com kow Bde Md file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ECA677B... 3/5/2012 jZ,��� ry w J U • in x Ln 012) Ken Griffin - Re: Northlake Page 1 From: "Mclnroe, Patrick" <Patrick.Mcinroe @luminant.com> To: Ken Griffin <kgriffin @coppelltx.gov> CC: Clay Phillips <CPHILLIPS @coppelltx.gov> Date: 11/21/2011 3:30 PM Subject: Re: Northlake Many thanks! Regards, Patrick Mclnroe Sent from my iPad On Nov 21, 2011, at 3:00 PM, "Ken Griffin" <kgriffin @coppelltx.gov> wrote: > Patrick > There is an attached exhibit that shows the "exact" location of the proposed borings. > Let me know if you need any additional information. > Ken Griffin »» John Rutledge <J LR @freese. com> 11/21/2011 2:40 PM >>> > This shows where we would like the 4 borings. Hopefully, this will be sufficient to be called "exact ". It's certainly as "exact" as we know it to date. These are standard core borings with samples. We'll need to take a drilling rig truck to the site in order to get the borings. The holes will be filled upon completion. We're not planning on installing any instrumentation. Only the one in the riprap upstream from the spillway will require a little work, such as moving riprap or adding some fill to make a pad. We're fine with either. 1, 3, and 4 will be about 50' and 2 will be about 70. Total depths are not finalized. If there is any directions on getting in to the site and getting out and limitations on the driller while there, please let us know. > The two folks doing the environmental assessment will cover a much wider area but are only doing a visual observation. I think that was fully covered in previous correspondence. • Please let me know if more information is needed. • Thanks • JLR > John L. Rutledge, P.E. > Freese and Nichols, Inc. > 4055 International Plaza St 200 > Fort Worth, TX 76109 > 817 - 735 -7284 > jlr @freese.com > [cid:WLLHRBGGYUSO.IMAGE.gif] • <ATT00001.. g if> • <20111121142956.pdf> Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly 012) Ken Griffin - Re: Northlake Page 2 prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. (3/5/2012) Ken Griffin - Re: Northlake Page 1 From: "Mclnroe, Patrick" < Patrick. Mcinroe @luminant.com> To: Ken Griffin <kgriffin @coppelltx.gov> Date: 11/22/2011 10:18 AM Subject: Re: Northlake Ken -any idea of the width? Regards, Patrick McInroe Sent from my iPad On Nov 21, 2011, at 3:00 PM, "Ken Griffin" <kgriffin @coppelltx.gov> wrote: > Patrick > There is an attached exhibit that shows the "exact' location of the proposed borings. > Let me know if you need any additional information. > Ken Griffin »» John Rutledge <JLR @freese.com> 11/21/2011 2:40 PM »> > This shows where we would like the 4 borings. Hopefully, this will be sufficient to be called "exact ". It's certainly as "exact' as we know it to date. These are standard core borings with samples. We'll need to take a drilling rig truck to the site in order to get the borings. The holes will be filled upon completion. We're not planning on installing any instrumentation. Only the one in the riprap upstream from the spillway will require a little work, such as moving riprap or adding some fill to make a pad. We're fine with either. 1, 3, and 4 will be about 50' and 2 will be about 70. Total depths are not finalized. If there is any directions on getting in to the site and getting out and limitations on the driller while there, please let us know. > The two folks doing the environmental assessment will cover a much wider area but are only doing a visual observation. I think that was fully covered in previous correspondence. • Please let me know if more information is needed. • Thanks • JLR > John L. Rutledge, P.E. > Freese and Nichols, Inc. > 4055 International Plaza St 200 > Fort Worth, TX 76109 > 817 -735 -7284 > j > [cid:WLLHRBGGYUSO.IMAGE.gifl • <ATT00001..gif> • <20111121142956.pdf> Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply (3/5/2012) Ken Griffin - Re: Northlake Page 2 message and delete this email message and any attachments from your system. Page 1 of 2 Ken Griffin - Re:* Northlake From: Ken Griffin To: Patrick McInroe Date: 11/22/2011 11:03 AM SUbject: Re: Northlake CC: Clay Phillips; Robert Hager NJDHS Patrick Are you inquiring about the width of the bore work area or the width of the access path we need? It's difficult to tie down an exact area because of the need to maneuver equipment to access the work area. Also as noted, the one bore in the riprap area upstream of the spillway will require some effort to access. However, if you are defining an access path from the property line to the work area it would need to be about 20 feet wide to accommodate the equipment. At the work area, my best estimate is that we would need about a 50 foot wide area to ensure we can maneuver the equipment to perform the work. Ken Griffin >>> "McInroe, Patrick" <Patrick. Mcinroe @Iuminant. com> 11/22/2011 10:15 AM >>> Ken -any idea of the width? Regards, Patrick McInroe Sent from my iPad On Nov 2 1, 2011, at 3:00 PM, "Ken 5rifin" <kgriff n c ,, p e lltx,gov> wrote: > Patrick > There is an attached exhibit that shows the "exact" location of the proposed borings. > Let me know if you need any additional information. > Ken Griffin >>>> John Rutledge <JLR @freese.com> 11/21/20112:40 PM >>> > This shows where we would like the 4 borings. Hopefully, this will be sufficient to be called "exact ". It's certainly as "exact" as we know it to date. These are standard core borings with samples. We'll need to take a drilling rig truck to the site in order to get the borings. The holes will be filled upon completion. We're not planning on installing any instrumentation. Only the one in the riprap upstream from the spillway will require a little work, such as moving riprap or adding some fill to make a pad. We're fine with either. I , 3, and 4 will be about 50' and 2 will be about 70. Total depths are not file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ECB8166C... 3/5/2012 Page 2 of 2 finalized. If there is any directions on getting in to the site and getting out and limitations on the driller while there, please let us know. > The two folks doing the environmental assessment will cover a much wider area but are only doing a visual observation. I think that was fully covered in previous correspondence. > Please let me know if more information is needed. > Thanks > JLR > John L. Rutledge, P.E. > Freese and Nichols, Inc. > 4055 International Plaza St 200 > Fort Worth, TX 76109 > 817 -735 -7284 > jlr @freese.com > [cid:WLLHRBGGYUSO.IMAGE.gifJ > <ATTOOOO 1 0 egif> > <20111121142956,opdf> Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system,, file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ECB8166C... 3/5/2012 (3/5/2012) Ken Griffin - Re: Northlake Page 1 From: "Mclnroe, Patrick" < Patrick. Mcinroe @luminant.com> To: Ken Griffin <kgriffin @coppelltx.gov> CC: Clay Phillips <CPHILLIPS @ coppelltx.gov >, Robert Hager NJDHS <rhag er @ n i dh... Date: 11/22/2011 11:19 AM Subject: Re: Northlake Width of bore hole Regards, Patrick McInroe Sent from my iPad On Nov 22, 2011, at 11:01 AM, "Ken Griffin" <kgriffin @coppelltx.gov> wrote: > Patrick > Are you inquiring about the width of the bore work area or the width of the access path we need? It's difficult to tie down an exact area because of the need to maneuver equipment to access the work area. Also, as noted, the one bore in the riprap area upstream of the spillway will require some effort to access. However, if you are defining an access path from the property line to the work area it would need to be about 20 feet wide to accommodate the equipment. At the work area, my best estimate is that we would need about a 50 foot wide area to ensure we can maneuver the equipment to perform the work. > Ken Griffin > »> "Mclnroe, Patrick" < Patrick. Mcinroe @luminant.com> 11/22/2011 10:15 AM »> > Ken any idea of the width? > Regards, • Patrick McInroe • Sent from my iPad > On Nov 21, 2011, at 3:00 PM, "Ken Griffin" <kgriffin @coppelltx.gov> wrote: > > Patrick > > There is an attached exhibit that shows the "exact" location of the proposed borings. > > Let me know if you need any additional information. > > Ken Griffin > »» John Rutledge <JLR @freese.com> 11/21/2011 2:40 PM »> > > This shows where we would like the 4 borings. Hopefully, this will be sufficient to be called "exact ". It's certainly as "exact' as we know it to date. These are standard core borings with samples. We'll need to take a drilling rig truck to the site in order to get the borings. The holes will be filled upon completion. We're not planning on installing any instrumentation. Only the one in the riprap upstream from the spillway will require a little work, such as moving riprap or adding some fill to make a pad. We're fine with either. 1, 3, and 4 will be about 50' and 2 will be about 70. Total depths are not finalized. If there is any directions on getting in to the site and getting out and limitations on the driller while there, please let us (3/5/2012) Ken Griffin - Re: Northlake Page 2 know. > > The two folks doing the environmental assessment will cover a much wider area but are only doing a visual observation. I think that was fully covered in previous correspondence. > > Please let me know if more information is needed. > > Thanks » JLR > > John L. Rutledge, P.E. > > Freese and Nichols, Inc. > > 4055 International Plaza St 200 > > Fort Worth, TX 76109 > > 817 -735 -7284 > > j > > [cid:WLLHRBGGYUSO.IMAGE.gifl > > <ATT00001..gif> > > <20111121142956.pdf> • Confidentiality Notice: This email message, including any attachments, • contains or may contain confidential information intended only for the • addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. Page 1 of 2 Ken Griffin -Fwd: RE: Northlake From: Ken Griffin To: patrick.mcinroe @luminant.com Date: 11/22/20112:08 PM S Ubj ect: Fwd: RE: Northlake Patrick Hopefully this helps. Ken Griffin >>> John Rutledge <JLR @freese.com> 11/22/2011 11:51 AM >>> According to the geotech engineer, they are 6 -8 inches in diameter, depending on whether hollow stem (6 " -8 ") or solid stem augers (4".611) are used. That decision is made in the field depending on field conditions. The holes will be backfilled with a bentonite grout mixture. Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 - 735 -7284 jlr @freese.com kdin Brl!IF Md Fromm. Ken Griffin Imai Ito: kgroiffi n@coppe, Itx-gov] Sent: Tuesday., November 22., 2011 11:27 AM Too. John Rutledge Subject: Northlake John Per my last email, Luminant wants to know the width of the bore hole. Do you have that information? Thanks file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ECBACC4... 3/5/2012 Page 2 of 2 Ken Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ECBACC4... 3/5/2012 Page 1 of 2 Ken Griffin - R Northlake From: "McInroe, Patrick" <Patrick. Mcinroe gluminant. com> To: Ken Griffin <kgriffingcoppe11tx.9ov> Date: 11/22/20114:59 PM Subject: Re: Northlake Thanks. Have a great Turkey Day! Regards, Patrick McInroe Sent from my iPad On Nov 22, 2011, at 2:06 PM, "Ken Griffin" <ki4riffin(&,co-p-pe11tx.aov> wrote: Patrick Hopefully this helps. Ken Griffin >>> John Rutledge <JLR @freese.com> 11/22/2011 11:51 AM >>> According to the geotech engineer, they are 6 -8 inches in diameter, depending on whether hollow stem (6 " -8 ") or solid stem augers (411-611) are used. That decision is made in the field depending on field conditions. The holes will be backfilled with a bentonite grout mixture. Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 jlr @freese.com <ATT00001..gif> Fromm. Ken Griffin [mai Ito: kgriffi n@coppel ltx.gov] Sent: Tuesday., November 22,,,2011 11:27 AM Too. John Rutledge Subject: Northlake file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ECBD4F6... 3/5/2012 Page 2 of 2 John Per my last email, Luminant wants to know the width of the bore hole. Do you have that information? Thanks Ken Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notif,�11111�iv the sender immediately by reply message and delete this email message and any attachments from your system. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ECBD4F6... 3/5/2012 Page 1 of 3 Ken Griffin -Fwd: North Lake From: "McInroe, Patrick" <Patrick.Mcinroe @luminant.com> To: Clay Phillips <CPHILLIPS @coppelltx.gov >, Ken Griffin <kgriffin @coppelltx... Date: 11/28/2011 7:07 AM Subject: Fwd: North Lake Attachments: G-147459.pdf,- ATT0000L.htm; Main Dam Irrigation System Layout.pdf; ATT00002..htm; 1999 NL Dam Spillway Geotech Investigation_27May1999.pdf; ATT00003..htm I NVA I Regards, Patrick McInroe Sent from my iPad Begin forwarded message: From: "Vrla, Milton" <Milton.Vrla(a,luminant.com> To: "John L. Rutledge, P.E." <jlr c(rv,freese.com> Cc: "McInroe, Patrick" < Patrick .Mcinroegluminant.com >, "Diermann, Scott" <Scott.Diermanngluminant.com >, "Bagley, Terry" <Terry.Bagleya,luminant.com> Subject: FW: North Lake John, I have reviewed your proposed boring location plan and need to advise you of underground facilities at your Station 0 +00 /Boring B -1 and Station 2 +00/ Boring B -2. At these locations you may encounter a 6 inch PVC irrigation line which is currently serving the saddle dam. Boring B -2 may also encounter the abandoned 18 inch cast iron low flow outlet pipeline. I recommend you review the attached drawings and relocate these borings a safe distance from these underground facilities. I have also attached a geotechnical investigation conducted for reconditioning of the spillway chute in 1999. The correctness of the information within this document or use of the document information is at your own risk. It may however be useful in determining whether or not fewer or more borings are necessary for your proposed design. It is probably noteworthy to advise you that the area below the main dam roughly from the toe of the dam to the Luminant property fence has been identified as potential wetlands and possibly subject to COE 404 rules. Call me upon your return from the Thanksgiving Holidays and we can discuss other drawings which may be available in our files to insure the project is a success. Milton 214.875.8231 From: McInroe, Patrick Sent: Monday, November 21, 2011 11:07 AM To: Diermann, Scott Cc: Vrla, Milton Subject: Re: North Lake Milton - pls work directly with Rutledge. Just let me know what the outcome is, thx. Regards, Patrick McInroe Sent from my iPad On Nov 21,2011, at 10:59 AM, "Diermann, Scott" < Scott. Diermann( aluminant. com< mailto :Scott.DiermannAluminant.com» wrote: Please work through Patrick McInroe. Thanks Sent from my iPad On Nov 21, 2011, at 10:12 AM, "Vrla, Milton" « mailto : Milton. Vrlagluminant.com> Milton. Vrla( a, luminant. com< mailto : Milton. Vrla(a,luminant.com» wrote: I would need to see a plan of proposed boring locations prior to providing my opinion. We probably have borings at some of these locations. Most of the area below the main dam is a suspected wetland. Do you want me to work directly with FNUJohn Rutledge? From: Diermann, Scott Sent: Monday, November 21, 2011 9:58 AM To: Vrla, Milton Cc: McInroe, Patrick Subject: Fwd: North Lake I think it is probably OK but I am no expert on dams. Please review for your thoughts on potential risk. Thanks Sent from my iPad Begin forwarded message: From: "McInroe, Patrick" « mailto : Patrick. Mcinroe(&,luminant. com><mailto: Patrick. Mcinroe aluminant. com>Patrick. Mcinroe aluminant. com <mailto: Patrick. Mcinroealuminant.com» Date: November 21,2011 9:19:05 AM CST To: "Diermann, Scott" file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED3332FC... 3/5/2012 Page 2 of 3 «mailto: Scott. Diermann�,luminant.com > <mailto: Scott.Diermann�,luminant.com> Scott. Diermann(c�luminant.com <mailto: Scott.Diermann(c�luminant.com », "Bagley, Terry" «mailto: Terry. Bagleyluminant. com>< mailto :Terry.Bagleygluminant.com> Terry. Bagleyluminant. com< mailto :Terry.Bagleygluminant.com» Cc: "Ray, Kyle" «mailto: William. Ray gluminant.com > <mailto: William. Ray gluminant. com>William. Ray gluminant. com<mailto: William. Ray gluminant. com>> Subject: RE: North Lake Guys - pls see below note from Freese Nichols (FN) via the City of Coppell engineer. Are you ok with FN performing 4 geotechnical borings at the dam as described? The boring activity will be regulated under the Access Agreement & Luminant's supervision /escort. The goal of the activity is for the final determination of the City filing a 404 permit with the Corps. Mr. McInroe This is a summary of information I received from F &N concerning access to the site: This specific site visit will be visual only, no tests. Basically, two folks will walk around and take pictures so they can describe the habitat and the environmental impact of lowering the lake. In the future, access to the site will be needed to perform up to 4 geotechnical borings at the dam. One would be at the inlet, two would be along the pipeline alignment, and one would be at the outlet structure. Depths will vary from 35 to 70 feet. a. Subcontract with a drilling contractor to drill the borings at the proposed locations. The borings will be drilled with either continuous flight or hollow -stem augers. Obtain soil samples for laboratory testing using thin - walled sampler tubes in fine - grained soils, perform Standard Penetration Tests in coarse - grained soils to obtain samples and perform cone penetrometer tests on rock in the field. Backfill borings with cement- bentonite grout and plug the upper foot of each boring with concrete sack mix to prevent a tripping hazard. This would probably be 2 or 3 days on site for a drilling rig. This information is from: John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 < mailto :jlrgfreese.com > <mailto:jlr crv,freese.com >jlr c(rv,freese.com <mailto:jlr crv,freese.com> Hopefully this provides adequate information to move forward. If not, you can contact Mr. Rutledge directly or myself. Ken Griffin, P. E. Director of Engineering and Public Works 972- 304 -3686 <mailto:k rid ffingcoppelltx.gov > <mailto:k ri.� ffin crv,coppelltx.gov >kgriffin crv,coppelltx.gov <mailto:k rid ffingcoppelltx.gov> Regards, PJM From: Diermann, Scott Sent: Thursday, November 03, 2011 11:52 AM To: McInroe, Patrick Subject: RE: North Lake Looks like a reasonable approach by F &N. Scott Diermann Director Luminant Gas Plant Operations Office (214) 875 - 9137 Cell (254) 715 - 2241 From: McInroe, Patrick Sent: Wednesday, November 02, 20114:02 PM To: Diermann, Scott; Bagley, Terry Cc: Reinke, Jay Subject: Fwd: North Lake Here's the Freese Nichols Report for Coppell on the proposed dam /spillway mods. It looks like what they access to the lake For now is to investigate any 404 permit issues with the Corps. Regards, Patrick McInroe Sent from my iPad Begin forwarded message: From: "Marsh, Lila" « mailto: lmarshgvelaw. com>< mailto: lmarshgvelaw. com> lmarshgvelaw .com <mailto:lmarshgvelaw.com» To: "McInroe, Patrick" «mailto: Patrick. Mcinroe (&,luminant.com > <mailto: Patrick. Mcinroe(&,luminant.com> Patrick. Mcinroe(&, luminant. com< mailto: Patrick. Mcinroena,luminant.com» Subject: FW: North Lake Lila C. Marsh file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED3332FC... 3/5/2012 Page 3 of 3 Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 < mailto: lmarsh( a, velaw. com>< mailto: lmarshgvelaw. com> lmarsh( a, velaw .com <mailto:lmarsh(a,velaw.com> - - - -- Original Message - - - -- From: Cindy Brown [mailto:Cbrowngnjdhs.com] Sent: Wednesday, November 02, 2011 3:08 PM To: Marsh, Lila Subject: FW: North Lake Mr. Hager asked that the attached document be forwarded to you and ask that you forward the same to Pat McInroe. If you have any questions, please contact us. Cindy D.Brown Legal Assistant to Robert E. 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Various official and unofficial NCTCOG Maps sources were used to gather this www,dfwmaps.com information. Every effort was made to ID ensure the accuracy of this data, however, nc guarantee is given or implied as to the accurac y of said data. http 1/www. dfwrna ps. corntp ri int. asp ?Layers= on &AER IAL06= (,, ni 08/0012005 • • GEOTECHNICAL INVESTIGATION NORTH LAKE DAM SPILLWAY DALLAS,TEXAS Present to: Dlklts Engineering Inc. Mayo 1999 • L� Opr MAS -Tac EngiineeAng & Associates, Inc. 27 May, 1999 Project No. 8-012 -a Dikita Engineering, Inc. 1420 W. Mockingbird Lane, Suite 800 Dallas, Texas 75247 -4932 Attn: Mr. James Allen, P.E. Re: Geotechnical Investigation North Lake Dam Spillway Dallas, Texas Dear Mr. Allen: Submitted herein are the results of the geotedmical report for the above referenced project. The services provided are in general accordance with Proposal No. 02 -04-g dated 17 February, 1999. Presented in this report are engineering conclusions and recommendations drawn from our analyses of the field and laboratory data generated as part of the overall investigation. Thank you for the opportunity to provide these services. If you have any questions, or when we may be of further service, please do not hes'date to call. Sincerely, 4TTIFA Hugh T. H Vice Pros HTKISBPRdm ti �1 i0N T. KELLY P.Wo _ .-2 Inc. 544".,6. Shawn B. Peatrowsky EIT copies submitted: (2) Dikite Engineering, Inm/Mr. James Allen, P.E. GeotechnkW Consulting & Materials Twdng name Tavm 75717 9717110.7184 l • • TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 PURPOSE AND SCOPE 1 2.1 Purpose 1 2.2 Scope 1 3.0 SITE CONDITIONS 3 3.1 Surface Conditions 3 3.2 Subsurface Conditions 4 3.3 Groundwater 5 4.0 ANALYSIS AND RECOMMENDATIONS 5 4.1 General 5 4.2 Potential Vertical Movement 7 4.3 Foundation Systems 7 4.4 Foundation Construction Considerations .7 4.5 Channel Walls S 4.6 Excavation Safety 9 4.7 Slope Stability 11 4.8 Eardwwrk 12 4.9 Moisture Control 15 5.0 CLOSURE 16 Illustrations Figures 1 - 6 Boring Log Appendix A Laboratory Test Results Appendix B arm fiNaMMOM9 a Assoc., Inc. t � NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS 1.0 INTRODUCTION This report presents the results of a geotechnical investigation for the repair and replacement of the spillway of North Lake Dam. The lake is located in North Dallas, approximately 114 mile north of LBJ Freeway on the east side of Beltline Road. The main dam and spillway is located at the northeast comer of the lake. The site is owned by TUElecdric and the work was performed for Dikita Engineering. 2.0 PURPOSE AND SCOPE OF THE STUDY 2.1 Purpose Sections of the spillway outflow channel walls have started to deflect irmmrd and attempts at bracing have proved ineffective. The purpose of this geotec�hnical investigation was to evaluate the subgrade conditions at the proposed project site and prepare an engineering report containing our analyses and recommendations for the design and construction of a replacement outflow channel and slope stability/movement analysis of the existing slopes on either side of the channel. 2.2 Scope The scope of this investigation includes field exploration, instrument installation and monitoring, laboratory testing,- and engineering services. Field: The scope of the field exploration services included drilling five exploratory borings at the subject site to investigate subsurface conditions. Three of the borings were drilled to the top of bedrock adjacent the existing spillway walls. The other two borings were drilled near the top of the slope on either side of the spillway channel. The selection and location of the borings was made by MAs -TEK, after discussion with 0 Dikita Engineering and TUElectric. The boring locations were selected based on their KA&T= E wrfng a Assoc., Inc. r NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS accessibility o a drill rig and within the spillway area of concern. Wall boring WB -1 tY g P �y ng was located behind the east wall of the channel near Station 1 +00, WB-2 was behind the west channel wall near Station 2 +25, and WB -3 was drilled through the center line of the existing channel at approximately Station 4 +50. Slope boring B -1 was on the east slope above the channel near the spillway and B -2 was further down the channel on the slope on the west side. Drilling and sampling operations were completed using truck mounted drilling equipment. The wall borings were drilled to the top of rock, between 3 and 6 feet deep. The east and west slope borings were drilled to depths of 45 feet and 35 feet, respectively. Undisturbed samples of the cohesive materials were collected using seamless tube samplers. The relative consistency of cohesive materials was evaluated in the field using a pocket penetrometer. The in -situ loading bearing capacity of the underlying bedrock (shale) was evaluated using TOOT Cone Penetration Tests in the two deep slope borings. Boring locations are shown graphically on Figure 1, the Plan of Borings, in the illustration section of this report. Logs of Borings, WB -1 through WB -3, B -1 and B-2, providing sample descriptions, depth, and drilling information are provided in Appendix A. A key to terms used on the logs of borings and throughout this report follows the boring logs. 2' Afewrec Enakwerise A Assoc., Inc. • a. NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS Instrumentation: Two 2.75 inch diameter inclinometers were installed in the deep slope borings. As of this report the inclinometers have been read 4 times since installation and continue to be read on a monthly basis. Laboratory: Laboratory test, in accordance with ASTM standards, were performed on selected samples to aid in evaluation of material classification, the shear strength characteristics, and the deformation properties. Classification testing included moisture content, unit dry weight, liquid and plastic limit, and percent passing #200 sieve. Shear strength testing included unconfined compression testing. The results of the testing performed as part of the laboratory program are provided in Appendix B. 0 Enoineeri no: The scope of engineering services Included a geologic literature review, • engineering analysis of the logs of borings, inclinometer readings, and laboratory test results, evaluation of options, development of recommendations, and report preparation. 3.0 SITE CONDITIONS 3.1 Surface Conditions As stated in the project description, the project site is located on the down stream side of North Lake Dam. The majority of the site is mowed range grasses. Along the steep slopes of the spillway, mowing is not possible and the vegetation includes much heavier brush and small tress. Because the project site in on the downstream face of a dam, the topography changes quite rapidly. There is the downstream slope of the dam, 3 IIffA&TM Engtho Wn8 d Asow., Arm 4. NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS,TEXAS the valley ut into the hillside to form the spillway, and the flat areas on to the dam Y p �y� P and the adjacent hill. 3.2 Subsurface Conditions The University of Texas, Bureau of Economic Geology literature shows North Lake to be located within the Eagle Ford Shale (EFS) formation with Quaternary stream deposits along the outflow channel and Grapevine Creel. In general, the composition of the overburden soils is related to the underlying bedrock and, in the case of the Eagle Ford, appears almost entirely as a clay. In most places, the contact between the overburden and the fresh, unweathered shale is gradational, with occasional sharp contacts being observed. The Eagle Ford formation was deposited in a marine sedimentary geologic environment during the Cretaceous Period. In general, the present regional geologic environment is very stable and not subject to subsidence. This fomation contains few faults, has no active faulting, and is in a seismic Zone 0. The five borings for this study reflect those conditions described above. For the two wall borings on either side of the channel, the subsurface materials consist of about 4 to 5 feet of stiff, brown clay over a thin layer (1 to 2 feet thick) of tan and gray weathered shale atop fresh, dark gray shale. The third wall boring in the center of the channel encountered approximately 1 foot of concrete atop fresh dark gray shale. Slope Boring B -1 encountered 8 feet stiff to hard brown and tan clay atop 17 feet of hard tan, brown and gray clay consisting of residual shale. A 54dot layer of soft tan and gray weathered shale was encountered from 25 to 30 feet_ Fresh shale was 0 4 MA&TkK Enelnewbg a Assoc., bm NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS.TEXAS 0 encountered at a depth of 30 feet and continued to the boring total depth of 45 feet. A 2.75 inch diameter inclinometer pipe was installed to the boring total depth. Boring B-2 encountered 5 feet of stiff tan and brown day consisting of residual shale. A 2 -foot layer of soft weathered, tan and gray shale was encountered from 5 to 7 feet. Fresh dark gray shale was encountered at a depth of 7 feet and continued to the boring total depth of 35 feet. A 2.75 inch diameter inclinometer pipe was installed to the boring total depth. Detailed description of each of the borings and the materials encountered along with a Key to Terms used throughout this report are provided in Appendix A of this report, the Logs of Borings. is 3.b Oroundwater Groundwater seepage was not encountered in the borings during drilling. Groundwater should not have significant impact on construction of the new out flow channel. 4.0 ANALYSES AND RECOMMENDATIONS 4.1 General The site is underlain with soil and rock of the EFS formation. These materials are highly plastic, almost entirely day, and are very expansive. Because of the highly plastic nature and the expansive day mineralogy, the existing concrete lined spillway has undergone significant distress. Expansive day minerals can undergo shear strength and volume changes seasonally with changes in moisture. These changes can cause excess lateral pressures, excess uplift pressure, seasonal shallow slope failures (slides), and deep slope failure of movement Atha -T®r EngbowfnQ i Asp, mss: NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS By drilling and collecting samples, testing the samples in the laboratory, and measurement of actual slope movements in the field, the behavior of the spillway slope soils can be fairly well defined. Once the engineering properties are characterized, recommendations for re- design and construction can be made. In addition to the laboratory analysis of the existing soil and rock conditions, instruments to measure ground movements were installed. These instruments are inclinometers. One was installed in each of the deep borings. Because the inclinometers are for temporary use only (through design and oonstruWon), each was backfilled with sand instead of more permanent cement grout The results of the initial readings are provided in Figures 2 and 3 in the illustration section of this report. Direction A is up and down the slope perpendicular to the 0 channel, While direction B is rotated 90 degrees from this, parallel to the channel. Al this time the inclinometers have detected very little movement. We trust this will remain true throw construction. However, to monitor slope behavior until completion, MAs -TEK should continue to read the instruments as part of the construction observation and testing contract. Based on the information provided to us, it is assumed that no other structures for this site are within the scope of this study. Therefore, these recommendations are provided exclusively for the proposed replacement of the out flow channel and should not be utilized for any other type of structure. 6 MWTlsc ENIfnNrrnp a Ire. • NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS,TEXAS is 4.2 Potential Vertical Movement As stated above, the existing clay soils can undergo movement associated with seasonal changes in soil moisture. Normally these movements are in the vertical direction, but where cuts in the soil exist they can also be lateral. For the soils directly behind the wall, TxDOT PVR calculations show the potential vertical movement to be 2 inches or less for current conditions and more than 2112 inches for dry conditions. If the materials are permitted to dry significantly during oonstnx Lion of the new outflow channel, potential movements will increase. Under dry conditions, vertical movements in excess of 10 to 12 inches are not uncommon for these soils types. 4.3 Foundation Syetenis Because the channel will be founded directly on the shale and the structure has very little to support besides its own weight, a concrete slab on grade will be sufficient. Although shale is soft by rock classification, it is more than sufficient to support the channel. The shale should be bladed smooth and the channel base cast4n place directly atop it. Granular bedding materials or select fill should not be used below the slab. 4.4 Foundation Construction Conelderadons The existing site materials can be readily excavated with standard equipment. The construction of all foundations should be observed by experienced personnel from this office, during construction, to insure compliance with design assumptions and to verify: (a) that if encountered, groundwater seepage or caving soils are properly addressed; (b) steel and concrete placement is in general conformanoe's with the contract documents. f A11s¢TM Enptr,OWM9 a Assoc„ &M NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS 4.6 Channel Walls As stated above, backfill behind the channel walls will exert lateral pressures on the structure. Because of the 2:1 slopes behind the wall (vs. horizontal), this pressure will be even greater. The magnitude of these pressures can also be effected by several other factors: (a) will the structure be permitted to deflect (active loading conditions); (b) will the structure be fixed without deflection (at -rest loading conditions); (c) the type of backfill; (d) hydrostatic loading; (e) compactive effort used on the backfill; and (f) surcharge loads and slope surfaces. The magnitude of the lateral pressures should be calculated using the soil coell'icients provided in the table below. Active pressure assumes the retaining structure is permitted to deflect. At -rest pressure assumes no deflection. Passive pressures and the frictional coefficient are used to calculate resistance to sliding. Hydrostatic pressure should be added to the lateral soil pressure for clay and select fill. For the purpose of calculating lateral load, the total unit weight of backfill materials will be approximately 125 pounds per cubic foot (pcf). The submerged unit weight is 62.5 pcf. All backfill should be compacted in accordance with the criteria contained in the Earthwork section of this report It is assumed that the walls will be designed using active loading conditions with backfill behind the walls consisting of on -site clays or similar. • e Mss'7br EM bhp A Amoy., tnc� • • • NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS,TEXAS Lateral Pressure The following equation and parameters are recommended calculating the lateral pressures. Table 1 Soil Coefficients Backfill Slope Coefficient of Active Pressure Ke Flat O.60 4(H)AM 1 0.68 3(H):i(V) 0.74 2(H):1(V) 0.88 The resultant loading on the wall can be calculated using Coulomb'e active earth pressure: Pe = X • Ka • 7 • W, where H is the height of the watt, Ks is from the table above for the appropriate backfill slope, and Y is the unit weight of the back ill material. Figure 4.5-1 below depicts the standard lateral loading diagram (equivalent fluid pressure) for the soil retained behind the wall without hydrostatic pressures. 9 NAM-TEK 6 t WhV A Ilssoc., i= NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS Backfill Slope - -'- I' a Clay Residual Shale Weathered Shale _ Fresh Shale :I a A�!Ot •r: Figure U -i Kate h, The possibility of shallow slides can not be completely removed These slides result from over saturation, which cause significant reduction in shear strength of the EF Shale and residual overburden soils. To minimize the possibility of these occurrences, the final grades should be such that water readily drains from the site and areas that pond water, particularly in landscaped areas, are not created. 4.6 Excavation Safety Temporary construction slopes should utilize excavation protection systems or be sloped back at an appropriate ratio. For any unprotected excavations, the following slopes are required by OSHA standards: 10 Mas-TFK Engineering & Assam, Inc • I ] • NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS Table 2 Maximum Allowable Excavation Slopes Soli Type Allowable Slope Maximum Depth T 'A' 314 H: IV 20 feet T 'Br 1 H: IV 20 feet Type `C' 1 1/2 H: IV 20 feet Weathered EF Shale an/G 112 H: IV 20 feet Fresh EE Shale Dark Gray) Vertical 20 feet Soil type needs to be identified by the contractors °competent person' as defined by OSHA at the time of excavation. Although actual excavations deeper than 20 feet may not be necessary, the temporary excavation support will need to be engineered specific to this project because of total slope heights in the immediate pnximity. 9 4.7 Slope Stability A slope stability analysis of the slope along the sides of the channel was performed using Bishop's Circular Arc method of slices. A computer model of the slope was made and multiple failure surfaces vmr+e tested to find the critical surface. The computations for the critical surface were then checked using a spreadsheet. The table below shows the parameters and results of the analysis. Diagrams of the slope analysis are provided in Figures 4 through 6 in the illustration section of this report 11' ' - JI wTm E ftMewfag A Ass=, ba NORTH U1KE DAM SPILLWAY IMPROVEMENTS DALLAS,TEXAS Table 3 Slope Stability Analysis Results Slope Tested Friction Angle Shear Strength C (Psf) Factor of Welty EAstin 2.5:1 90 300 1.231 With 5 feet of added fill 3.2:1 90 300 1.334 With 10 feet of added fill 4:1 90 300 1.510 The stability analysis does not address shallow surtaoes slides which are still likely to continue on surfaces of slopes steeper than 3.5:1. These shallow slides will have little effect on the channel walls through added lateral pressure. Likewise, if the walls are designed for a 2 -foot surcharge, this will cover additional loading caused from slides. However, if the shallow slides cause large piles to form behind the walls, lateral pressures will increase. To minimize this possibility a maximum slope of 4:1 is � w,--1. i , Site Clearing and Grubbing All landscaping materials, concrete, and foundation materiels that exist within the proposed limits of constnion, unless specifically designated to remain, should be removed and properly disposed of at the beginning of construction. Care should be taken during this operation to reduce damage to areas outside the limits of construction. General Excavation and Fill: After completion of site clearing and grubbing, general site excavation operations may begin. Precautions should be taken during these operations to prevent damage to adjacent structures. 0 12 IIM &Tm 6nhmmirft a Assoc.. iia NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS Excavations for the foundations should be rformed in a manner as to ensure proper Pe P Pe drainage and areas that pond water are not created. Finished cut surfaces should be smooth and free irregular surface changes. If unexpected conditions that appear different from those described in this report are observed, MAs -TEK shall be notified immediately to verify design assumptions and make any necessary changes to these recommendations. On -site materials or similar may be used for general fill. Suitable fill must be free of organic matter and other deleterious material. Fill should be processed using shespfoot or other mechanical means appropriate for highly plastic clay. Equipment should be capable of processing the planned fill materials to meet the specified compaction requirements. Equipment should be capable of processing the planned fill materials to meet the specified compaction requirements. Caution must be used when oompacting against below the channel, not to over compact and add excess lateral load to the wall. Fill should be placed in successive horizontal layers not to exceed 6 inches loose measure. The maximum particle size or clods of soil should be no greater than four inches in maximum dimension. The clay fill shall be moisture conditioned to achieve the proper moisture content prior to compaction. Should the compacted surface of a successive lift be too smooth to bond properly with succeeding lifts, or should a lift be allowed to dry prior to placement of the next lift, it shall be loosened, moisture added, and recompacted before placement of the successive lift. Should the fill become too wet or should a lift be found to have a moisture content that exceeds specification, the 0 fill should be harrowed or scarified and allowed to dry until the moisture content meets Is AUS-TAK fih9h Wfft a ANW., sm NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS specification. Compaction control and the size of compaction equipment should be well regulated during construction as to not induce excess lateral pressure on walls. All on -site soils used for fill should be compacted to no less 92 percent and no more than 98 percent of the maximum dry unit weight was obtained in the Standard Compaction Procedure, ASTM D -D698, at a moisture content not less than optimum and not greater than 4 percent above optimum. Field density tests should be performed on each lift of fill. A moisture /density relationship test (Standard Compaction, D$98) should be performed at a minimum of one test per each material type. A Liquid And Plastic Limit test should be performed with each moisture /density relationship test. If imported structural fill is required, it should consist of "select" non-expansive, p q P imported, fill. Select fill shall consist, of select materials being a clayey sand that is inorganic, predominantly granular and conforms to the following: 1. Liquid Limit less than 36; 2. �,igj,ticity Index no less than 4 and not greater than 12, and; 3. Minimum 50 percent retained on the No. 200 sieve. This fill should be compacted to a minimum of 95 percent of the maximum dry unit weight in accordance with Standard Compaction ASTM D -698, but not more than 100 percent of the maximum. Granular retaining wail backf:ll should be compacted to a minimum of 75 percent relative density as obtained from AS1W D -698 and D -4254. Trench Excavation and Backfll: The following recommendations do not.apply to sections of 1he deicing fluid coffec Lion lines constructed by methods other than.open 14 Mas -TEx EfthsoWng a Assw-, Inc. • NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS, TEXAS cut. Historically, utility lines have been the source of numerous problems in expansive soils. Problems generally result from either, granular backfill providing a route for moisture to gain access to the expansive soils under structures, foundations, and pavements, or from granular backfill acting as a ponding area for excessive moisture. It is therefore, very important to limit these possible occurrences through selection of the backfill materials and with thorough constriction monitoring and testing. Within 5 feet of all buildings, backfill for all utility trenches within the pipe zone, that zone from the bottom of the trench to not more than B inches above the top of the pipe, conduit, or other utility, should consist of select fill or site excavated soil backfill in accordance with the above. This zone will serve as a partial plug against water migration from the more granular utility baddill to under the structure. Because of the confined spaces, hand compaction equipment is required when back filling within a utility trench. Backfill 4.9 Moisture Control In addition to the recommendations contained above, several other measures should be implemented to assist in controlling the amount of moisture that can become available to the expansive clays. The most important of these measures is to ensure positive surface water drainage away from all structures, during and after construction. The site should be graded such that all surface water readily drains into the channel. Areas that pond waster within the construction limits should not be created. These procedures should be implemented to limit excessive wetting and/or drying of the subgrade soils, thereby, limiting development of shrinkage cracks or zones of substantial swelling. Bedding sand and/or granular fill or backfill should not be used for any purpose, unless specifically permitted in this report. 15 SfA&Tles EnelnNrft 6 Ass=, Inc. r NORTH LAKE DAM SPILLWAY IMPROVEMENTS DALLAS,TEXAS 5.0 CLOSURE 0 The analyses and recommendations contained in this report are based on the data obtained from the three borings drilled, the laboratory testing performed. The report can not and does not reflect specific variations of subsurface conditions across the site. The report has been prepared for the speck use of TUElectric, Dikita Engineering, Inc., and their designated agents to assist in the design and preparation of the proposed project contract documents (plans and specifications). The report is intended for use for the specific project identified herein and is not applicable to any other project, site, or structure. Any changes from that information available at the time of preparation of this document should be brought to the attention of MAs -TEK Engineering & Associates, Inc., so that we may evaluate the impact of such changes on the conclusions and recommendations provided. All phases of construction should be observed by qualified personnel to monitor the quality of workmanship, and MAS -TEK 40 Engineering & Associates, Inc., should be retained to perform all construction materials testing and observation to review compliance with the contract plans and specifications, as well as, conformance with the recommendations contained herein. 16 Tarc Enal owing A Assoc, Inc. t f� I'M Mas -Tek Engineering - Dallas, TX Deflects (W T%W lection C ) -1.73 0 E IL m Imbed3 NWM �0 17 Mm" 24 Uk% �. 3 MmyW 10 20 30 40 z.3 -1. 0 25. 15 Dr h 1.25 2.� ,� � 1c a 2a 43C �j 1.25 21 Grim ve.De on -ye.De Q -C 'on � ��1lEL'#lOII J3 � Dam Sway meter 0-1 La enterprises Project 6 -012 -a North Lake - Darr Outflow Channel MA5 -TCK Engineering & Assoc.. Inc. Inclinometer Results Fmui^e 2 • �A • Dc�i Mas -Tek Engineering - Dallas, TX ..5 -1.25 0 4.25 2.A LEGEND ;.5 -1.25 0 1.23 24 W iai 3 MwM a—a 17 Mar99 24 Mu 99 3 ------ 8 Ap '99 �• 3 Ma " 10 13 De 20 25 30 35 3 10 13 20 25 30 35 - 2.-1.?3 h�0D x.25 _�2.5 - 2,31.2 0 .23 ,n2.3 V e t%ACCfi �eCtiOn� DBIIZ SppIi�2�WSy Inclinometer 8-2 D�1ata �nterpriseS Project 6 -012 -a North Lake Dar' ❑utPtow Channel MAS -TEK Engineering R Assoc.. Inc. Inclinometer Results F. ure 3 Existing Slope r- - —L — - n rr r- r_.L.. _ 9 n'-]9 Project 6-012 -a North.Lake Dare Outflow Channel r r rari .ariurr MAS -7EK Engm *ring S Assoc. Inc. Slope Stability Analysis Fiaur 3.2,1 Fill Slope Project 6-012 -a f resh Shale. HAS -TEK Engineer -+9 6 Assoc. Inc. Slope Stebility Analysis North Lake Dam Outflow Channel Fivure 5 ti 4 :1 Fill Slope Factor of 'Safety = 1.510 Pro jest 6 -012 -a HAS-TEK Engrwering 6 Assoc. Inc. Slope Stability Analysis North Lake Dam Outflow Channel I Roure 6' Appendix A LOGS OF BORINGS ff,wT= Enpfnowft & A &,m • • . Mas -Tek Engineering & Associates, Inc. North Lake Dam Outflow Channel Lao ow: Near top of elope an east side of channel CND Dlkila Engineering Borirp i+b. &1 LOG OF BORING a Z CW&ador. CoreTed DINT: P. Doyle LOWW by: J. Grady Rolm by: S. Peatrawsky D.a edt 313 99 Ground Elamdm cws cc p, - c 313199 Cooednabw TdW Duptlt 45 feet Melhods - Or" W"dIr No groundwater seepage Ddow Hollow -Stem Auger encountered during drilling. s.rnp- -- 3" Shelby push tube, TkDot Penetration Test comma ft 2.75" Diameter Inclinometer ad In hole at completion of drilling. ELEV. CMO B�m0 Ir a or P.P REC ROD s+""'' Material Description N96 CLAY, bmwnllan mottled, vWto hand UD S-1 4.25 2.0' UD S-2 250 0.T s UD S-3 3.50 20 CLAY. taNbrowr0gray mottled, hard, residual EFS io UD 54 4.5+ 1.T bedding stricture. jointed and bkmAq► Is UD S-5 4.5+ 1.5' L_L20 ]I A Fi+ UD - Undisturbed Tube Sample NX - Rack Core, NX-size SS - Standard Penetration Teat (Split Spoon) CP - TexDQT Cone Penetration Ted Mae -Tek Engineering Soft ce. &1 & Associates, Inc. LOG OF BORING and 2 2 North Rat Lake Dam Outflow Channel J. �� W. Grady Locom: Near top of slope on east side of channel RwAwaw. w. S. Peatrowsky cwnt Oft lUenserirg Tom o.pus 45 fed Sa�npes alowo °ems No. REC ROD Syn P.P. Material Description CLAY, same as above 25 UD 8-7 4.5+ r r SHALE (EFS), buggmiy, weathered. soft rr r rr rr 90 UD 8-6 45+ =- SHALE (EFS), dark gray, fresh, wit to medium e3 CP 1 100x1.0" —= 1001 == 40 CP 2 1.2fr —= _- Total Depth- 4S feet ISO UD - Undisturbed Tube Sample NX - Rods Coro, NX-de SS - Standard Penebuffon Test (Split Spoon) CP - TexDOT Cone Pene vlon Test • • Mae -Tek Engineering LOG OF BORING " "-2 Associates, Inc. I sheet 1 of 2 Prole# North Lake Dam Outflow Channel c readar CoreTest arft r. P. Doyle Loeatiort: Near top of slope on west side of channel L� W. J. Grady C"Mt: Dll to Engineering RaMawad w. S. Peabanky Data wart 313199 OraUrrd ElwaHn Dab cmq*w 3131'89 cowdrdi : TOW Dopft 45 feet MOW& - °1O1 16m"r No groundwaterseepage arst„w Hollow -Stem Auger encountered during drilling. ssr oka 3" Shelby push tube. Tsaot Penetratlon Test caw wft 2.75" Diameter inclinometer set In hole at completlon of drilling. L.g"Nobw UD - Undisturbed Tube Sample NX - Rock Core, NX -stae SS - Standard Penetration Teat (Spilt Spoon) CP - TexDOT Cone Penetration Ted or R6C ROD Material Description REV. mpm TW ft P.P CLAY. tanlbrown/gray mottled, sK residual EFS UD S-1 1.76 2.Ir bedding structure, jointed and blocky UD S-2 3A ox s r r SHALE (EPS). tanlgray, weathered, soft UD 8-3 4.6+ 2A' rr r r -= SHALE (EFS), dark gray, firesh, soft to medium hard io UD 8-4 4.5+ 1.5' =- UD S-5 4.5+ —_ 15 CP 1 10011.0" 1.5' =- == L.g"Nobw UD - Undisturbed Tube Sample NX - Rock Core, NX -stae SS - Standard Penetration Teat (Spilt Spoon) CP - TexDOT Cone Penetration Ted Mas -Tek Engineering LOG �F BARING � � B-2 Associates, Inc. shad 2 of 2 Pq.ct North Lake Dam Outflow Channel uww br. J. Grady Locaon: Near top of slope on west aide of channel ROWmW W. S. PealroWdcy cleat D1klta Engineering Tom Depth: 35 filet sa"'ples elowe ' Depth '[jlpe No. REC RQD a". �P Material Description SHALE (EFS), dark gray, *mh. soft to medium hand, same as above 25 CP 3 100110 -- 1001 30 CP 4 1.25" —= Total Depth - 35 feet 45 50 UWAMOWE UD - Undisturbed Tube Sample NK - Rods Coro, NX else 88 - Standard Penetration Test (Split Spoon) CP - TwOOT Cone Penetration Teat Mas -Tek Engineering WrV No. WB-1 LOG OF BORING & Associates, Inc. Street 1 of 1 Project: North Lake Dam Outflow Channel Contractor. CoreTest Driller: P. Doyle Location: Behind east wall of channel near Sta. 1 +00 Lopped br. J. Grady Meet: Dikita Engineering RvAmed br, S. Peatrowsky Date start: 3!3!99 Ground Elevation: Date Complete: 3%3/99 Coordinates: Total Depth: 6 feet Methods - Groundwater: No groundwater seepage DaIng: Hollow -Stem Auger encountered during drilling. sampinp: 3" Shelby push tube, TxDot Penetration Test comments: 2.75" Diameter inclinometer set in hole at completion of drilling. Samples Slows or REC RQD Sym. Material Description ELEV. Depth Type No. P P UD S-1 3.25 CLAY, brown, stiff UD S-2 3.0 UD UD S-3 S-4 3.0 3.5 SHALE FS tan/gray. weathered- soft 5 UD S -5 4.5+ _ = SHALE FS UD 8-6 1 4.5+ 1 - Total Depth - 6 feet 10— 15 ZO UD - Undisturbed Tube Sample NX - Rack Core, NX -size SS - Standard Penetration Test (Split Spoon) CP - TexDOT Cone Penetration Test • • • Mas -Tek Engineering LOO OF BORING " we-z Associates, Inc. I e" 1 or 1 Pro}at North Lake Dam Cutllow Channel c rdrvoroc CoreTed DAW. P. Doyle umdon: Behind weal wall of channel near Ste. 2+50 � W. J. day Ow t Dikita Engineering RoWmd W. S. Peatrowsky Drs awt 3/3199 Ground Mad= ode conpew 3/3199 ooadrffiftr Tom NOE 5 feet Whods- ernia7ei' "r No groundwater seepage Ddmw Hollow -Stem Auger encountered during drilling. snnpkw 30 Shelby push tube, TWO Penetration Test comwft 2.75" Diameter inclinometer set In hole at completion of drilling. ELEV. DWM sornon eroMe or P .P REc uao Material Description ; 7PW UD 8-1 CLAY, brown, still UD 8-2 UD S-3 UD S-4 s JjQ- SA - = SHALE (EFS). dark gray, fresh, soft to medium hard Total Depth - 5 feet so 1s 20 UD - Undlsturbed Tube Sample NX - Rod* Con, NX oke SS - Standard Penetration Tilt (SpR Spoon) CP - TexDOT Cone Penetration Test Mas -Tek Engineering LOG OF BORING � w�-a & Associates, Inc. sr,eet 1 or 1 Project: North Lake Dam Outflow Channel Contractor. CoreTest a'°'Ne Dahw.. P. Doyle Location: Center line through base of channel near Sta. 4 +50 LQWW W J. Grady Qv t: Dikita Engineering Reviewed W. S. Peatrowsky Type Dare start: 313199 Ground Elevation: Dam Compow. 3131'99 Coordinates: Tote) Depth: 5 feet Meo,ads - Groun"arer: No groundwater seepage Daiwa. Hollow -Stem Auger encountered during drilling. sampung: 3" Shelby push tube canmerts: 2.75" Diameter inclinometer set in hole at completion of drilling. E.ependrNotes: UD - Undisturbed Tube Sample NX - Rock Core, NX -size SS - Standard Penetration Test (Split Spoon) OP - TexDOT Cone Penetration Test • samples a'°'Ne REC ROD S m. Material Description ELF � Type No. P.P .' CONCRETE SLAEJ 1 foot thick =- SHALE (EFS), dark gray, fresh, soft to medium hard UD S-1 5 - Total Depth - 3 feet �a 15 20 1 1 1 r E.ependrNotes: UD - Undisturbed Tube Sample NX - Rock Core, NX -size SS - Standard Penetration Test (Split Spoon) OP - TexDOT Cone Penetration Test • �J • ROCK HARDNESS Term KEYS TO TERMS Vary Hard Carrot be scratched with Imih or Slightly WVGW red sharp pick. Breaking of hand 3.10 R specimens requires several hard 1-3 R blows from a hammer. Hard Can be scratched with knife with .5" -T difficulty. Hard blow of hammer -C.5' required to detach a hand sPadrnan Modwdsly Hard Can be watched with knife. Gouges Smooth or grooves of 114 deep can be Completely weathered excavated by hard blow of Pick. Very Dense Hand specir.m. can be datscload by 'm40 a moderate blow. Medium Can be grooved or gouged 114 deep by rich pressure an knife. Can be by finger prassurs e cavated in small dip to places 340 appram l' in nm& u m airs with hod blare. SoR Can be gauged or graorrb readily by Pencil point with knife. Can be excavated In chops to piscea several inches in aft by rnoderata beaus. Smd, Itln places xen ba broken by forager pleasure. Very Soft Can by carved with a knife. Can be ma: orated readily with Point of Pkk Pieces of 1' or more in fhiclo can be broken by Anger pressure. Readily scratched with Angernd. DEGREE OF WEATHERING Term Fresh No visible sign of weathering. Slightly WVGW red Penetrative wasihering dewl0pod on 3.10 R open discontinuity surfaces, but only 1-3 R slight wanihering of cock material. Moderately Wm*mrad Weeherkg eomends hroughorit the .5" -T rock mass, but the rack material is -C.5' not friable. Highly Weathered Weathering extends throughout the Smooth mdk mess and the rack rnatariat 4 Completely weathered partially friable. Rack is wholly decomposed and In ■ Very Dense friable conaitlan but the rock texture 'm40 and structure ars preserved Residual Soil A soil nimm el with the origirnl twdurs. structure. and morm sk W of by finger prassurs he rock completely deWoyad. PLANAR FEATURES spacing BoddbV Fractures P-10 It num" Very wide 3.10 R thick *1100 1-3 R rnedrum moderately ckns0 1" -1 R thin close .5" -T very thin very dose -C.5' kn*latad srdrenrety does SURFACE ROUGHNESS Term Very Rough Now vertical steps 8 ridges of Term dleoontlnufly surface Rough Same ridges and s;deargls steps (aoprox.) are evident asperities we clearly Very uA visible; surface feels very abrasive Slightly Rough Asperities on the discontinuity 15-35 surfaces are dble and can Mecum be hest Smooth Surface appears an mu Sk*wmidad Evidence of polishing and movement Very Dense are visible SOIL QUANTITY Term Ap mK Percentage bate 0 to 15 same 15 t0 35 with 351040 Occasional Intermittent commence, no spscifc frequency DENSITY OF GRANULAR SOIL Term Relative 0analty , 96 n -Value SoR (aoprox.) Easily.. by Very uA 0-15 2-3 Loome 15-35 47 Mecum 35.85 9-20 Danes 8585 21.0 Very Dense 45 'm40 STIFFNESS OF COHESIVE SOIL Term Pocket Pen Field AopraorRnadon SoR 40.5 Easily.. by fingers Frm 05.1.5 MMM by "I r pressure Siff 1.5.3.0 Dented by finger pressure Very stiff 9.040 Dented only dW try by finger prassurs Hard 340 Dented only slightly ' by Pencil point PARTICLE SIZE Term Rams MIX Skive gpWdM a 1 Z Cobbles 1? Gravel gars* 3" medium 3f4 Sand xa0aras #4 medum #10 fine aw10 Fines 51200 (alt a clmy) • Appendix B LABORATORY TEST RESULTS AA&Tm Bm*mwdm a Aar, Mc. .4 .., • • • Results of Laboratory Testing - Soil Table 1 North Lake Dam Spillway Dallas, Texas Project No. 6-012-a Baring Depth (fee!) Sample Number Moisture Content Liquid! Plastid PI Unit Dry Weight (pcfj Percent Passing s200 sieve Unconfined Compressive Strength B-1 0-2 S-1 23.7 59x21138 93.3 89.2 2,990 13-1 2-4 S2 1 27.7 B-1 4-8 8-3 29.8 B-1 8-10 S-4 23.2 B-1 14-15 8-5 24.8 73136146 101.8 9,250 B-1 19.20 S•8 22.8 B-1 28.25 8-7 24.5 99.8 8 750 B-1 29-30 S43 20.2 B-2 0-2 S-1 28.3 B-2 2-4' S2 27.9 B-2 4.8 8-3 21.8 58!19137 99.1 B-2 9-10 S4 19.9 108.8 3,410 B-2 13-14 S-5 18.7 WB-1 0.1 S-1 25.5 WB-1 12 82 34.9 1 74127/47 98.2 WB-1 2-3 S-3 33.7 WB-1 3-4 S.4 33.5 1 67!29/33 83.7 1,750 WB-1 4-5 S-5 22.9 WBA 5.8 S-6 23.8 AB-2 0-1 8-1 21.5 WB-2 1 -2 6-2 24.0 WB-2 1 2-3 S,3 25.8 85/22/43 97.0 3,720 WB-2 3-4 S-4 25.1 WB-2 4-5 S-5 24.5 58/23135 97.6 87.8 2,470 WB-2 541 S45 28.2 WB-3 1 -2 8-1 21.8 WB-3 2-3 8-2 24.3 Page 1 of 3 Ken Griffin - R F Access Agreement From: John Rutledge <JLR9freese.com> To: Ken Griffin <kgriffingcoppe11tx.gov> Date: 11/29/2011 5:10 PM Subject: RE: FW: Access Agreement A Boring Location Plan.pdf This is the revised boring plan. We have moved Boring B -1 closer to the spillway road to avoid the irrigation line. We kept the original location of Boring B -2 after looking at the drawings. It appears we will miss the low flow outlet pipe by 100+ feet. The location of Borings B -3 and B -4 remains unchanged. We'll have to check on the insurance. They would be a sub to us, so there is at least some coverage through that. Would it be possible for us to get approval for the environmental inspection now and then continue with this stuff since the drilling will still be a while from now? We thought this would save time to get both, but this is really holding up what we're authorized to do. Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 jlr @freese.com kdin 9r[!IF Md Fromm. Ken Griffin [mai Ito: kgrmiffin@coppel Itx.gov] Sent: Tuesday., November 29., 20114:30 PM Too. John Rutledge Subject: Fwd: FW: Access Agreement John I know this is dragging on. It seems like everyday there is another request from Luminant. This is the latest. They are requesting the name and insurance information on the drilling subcontractor,, I was also copied on an email yesterday where they were requesting that the bore locations be revised. Given the latest requests, do you have any timetable on when the requested information will be provided to Luminant? Thanks, Ken Griffin fii1e: //C: \Documents and Settings \lhenderson \Local Settings\Temp\XPGrrpWise\4ED5121A... 3/5/2012 Page 2 of 3 >>> Robert Hager <Rhager @njdhs.com> 11/23/2011 2:13 PM >>> Fromm. Marsh, Lila [mailto:lmarsh@velaw-coml Sent: Wednesday, November 23., 2011 11:34 AM Too. Robert Hager Cc: McInroe, Patrick Subject: Access Agreement Bob, Luminant is reviewing Freese & Nichol's proposal regarding the boring on the dam. I'd like to tie up as many loose ends as possible in the meantime. Could you please provide me the name of the subcontractor that Freese &Nichols proposes to use for the boring and ask the subcontractor to submit a certificate of insurance (naming Luminant as an additional insured) for Luminant's review and approval? Please let me know if you have any questions. Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 Imarsh @velaw.com Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and /or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You. Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED5121A... 3/5/2012 Page 3 of 3 copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. flile: //C: \Documents and Settings \lhenderson \Local Settings\Temp\XPGrrpWise\4ED5121A... 3/5/2012 (3/5/2012) Ken Griffin - FW: FW: Access Agreement Page 1 From: John Rutledge <JLR @freese.com> To: "Ken Griffin (kgriffin@coppelltx.gov) If <kgriffin @coppelltx.gov> Date: 11/30/2011 9:14 AM Subject: FW: FW: Access Agreement Attachments: Ins Cert GL AL UL WC PL.pdf; imageOO1.gif Attached is a copy of the insurance for the driller. We don't have authorization so we haven't contracted with them yet or asked them to add Luminant as an additional insured. We can commit to doing that when the time comes. What's the best way to handle it? Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817- 735 -7284 jlr @freese.com [cid:imageOO1.gif@Ol CCAF3E.569EE9BO] From: Tony Bosecker Sent: Wednesday, November 30, 2011 9:05 AM To: John Rutledge Subject: FW: FW: Access Agreement John, I planned on using Texplor to perform the drilling at North Lake. Their insurance certificate is attached but they will need a specific insurance certificate that names Luminant as an additional insured (see below from Susie). I am not sure how this all works since we do not have approval yet and our contract is not with Luminant. How do you want to proceed? Thanks, Tony Bosecker, P.E. Geotechnical Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 -4895 817 - 735 -7387 office 817 - 917 -9370 mobile 817 -735 -7483 fax www.freese-com<http://www.freese.com> [cid:imageOO1.gif@Ol CCAF3E.569EE9BO] From: Susie Johnson Sent: Wednesday, November 30, 2011 8:59 AM To: Tony Bosecker Subject: RE: FW: Access Agreement Tony, (3/5/2012) Ken Griffin - FW: FW: Access Agreement Page 2 Yes we have a certificate on file for Texplor. We will need to ask them to provide a certificate specifically naming Luminant as an additional insured which is why we would do a sub agreement (it attaches the Luminant Agreement and requires that they produce said certificate). Can I start something to get this process going? From: Tony Bosecker Sent: Tuesday, November 29, 2011 5:21 PM To: Susie Johnson Subject: FW: FW: Access Agreement Susie, See below. Do you have a copy of Texplor's insurance certificate /info? Are they equipped to add Luminant as an additional insured? Thanks, Tony Bosecker, P.E. Geotechnical Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 -4895 817 - 735 -7387 office 817 - 917 -9370 mobile 817 - 735 -7483 fax www.freese-com<http://www.freese.com> [cid:imageOO1.gif@Ol CCAF3E.569EE9BO] From: John Rutledge Sent: Tuesday, November 29, 2011 5:12 PM To: Tony Bosecker Subject: FW: FW: Access Agreement We don't even have approval for this yet, but we need an insurance certificate for whichever driller you want -one that has some - naming Luminant as an additional insured. Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 j [cid:imageOO1.gif@Ol CCAF3E.569EE9BO] From: Ken Griffin [mai Ito: kg riffi n@coppelltx.gov]<mai Ito: [mai Ito: kg riffi n@coppel ltx.gov]>ppelltx.gov]> Sent: Tuesday, November 29, 2011 4:30 PM To: John Rutledge Subject: Fwd: FW: Access Agreement (3/5/2012) Ken Griffin - FW: FW: Access Agreement Page 3 John I know this is dragging on. It seems like everyday there is another request from Luminant. This is the latest. They are requesting the name and insurance information on the drilling subcontractor. I was also copied on an email yesterday where they were requesting that the bore locations be revised. Given the latest requests, do you have any timetable on when the requested information will be provided to Luminant? Thanks, Ken Griffin »> Robert Hager < Rhager@ njdhs .com <mai Ito: Rhager @njdhs.com» 11/23/2011 2:13 PM »> From: Marsh, Lila [mai Ito: I marsh @velaw. com]< mai Ito: [mai Ito: I marsh @velaw. com] > Sent: Wednesday, November 23, 2011 11:34 AM To: Robert Hager Cc: McInroe, Patrick Subject: Access Agreement Bob, Luminant is reviewing Freese & Nichol's proposal regarding the boring on the dam. I'd like to tie up as many loose ends as possible in the meantime. Could you please provide me the name of the subcontractor that Freese &Nichols proposes to use for the boring and ask the subcontractor to submit a certificate of insurance (naming Luminant as an additional insured) for Luminant's review and approval? Please let me know if you have any questions. Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 I marsh @velaw. com <blocked:: mai Ito: I marsh @velaw. com > Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and for avoiding federal tax penalties that may be imposed on that person, another party any transaction or matter addressed herein. it cannot be used, by any person (i) as a basis or (ii) to promote, market or recommend to (3/5/2012) Ken Griffin - FW: FW: Access Agreement Page 4 CONFIDENTIALITY NOTICE: The information in this email may be confidential and /or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You. Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. OP ID ACORO CERTIFICATE OF LIABILITY INSURANCE TEXPL -1 DATE (MM /DDIYYYY) 12/29/10 PRODUCER West Texas Insurance Exch, Inc 1000 Maple Avenue Odessa TX 79761 -2810 Phone: 432 - 333 -4106 Fax: 432 - 333 -6803 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED TeXppfor of Dallas, Inc. P. D. Box 793928 Dallas TX 75379 INSURER A: United Fire & Casualty Group • INSURER B: Texas Mutual Insurance Company GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE L] OCCUR INSURER C: ROckhill Ins. Co. 01/01/11 INSURER D: EACH OCCURRENCE INSURER E: PREMISES(Eaoccurence) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMIDD/YY LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE L] OCCUR 85034021 01/01/11 01 /01/12 EACH OCCURRENCE $1,000,000 PREMISES(Eaoccurence) $100,000 MED EXP (Any one person) $5,000 PERSONAL SADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT LOC PRODUCTS - COMP /OPAGG $2,000,000 • AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 85034021 01/01/11 01/01/12 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ • EXCESS /UMBRELLA LIABILITY X OCCUR El CLAIMSMADE DEDUCTIBLE X RETENTION $10,000 85034021 01/01/11 01/01/12 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 $ $ • WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? If yyes, describe under SPECIAL PROVISIONS below TSF0001197008 01/01/11 01/01/12 X TORY LIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYE $1000000 E.L. DISEASE - POLICY LIMIT $1000000 C OTHER Contractor's Pollution RENEWAL OF RCPLE00113801 01/01/11 01/01/12 Limit $1,000,000 Deductibl $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Drilling NOC, Blanket waiver of subrogation and additional insured provided on general, auto & umbrella liability as required by written contract. Blanket waiver of sub on workers comp as required by written contract. CERTIFICATE HOLDER CANCELLATION FREE-06 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Freese & Nichols, Inc. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 4055 International Plaza, #200 REPRESENTATIVES. Fort Worth TX 76109 Au o REP rarlvE ACORD 25 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Page 1 of 2 Ken Griffin - RE: access agreement From: Ken Griffin To: Lila Marsh Date: 11/30/20112:33 PM Subject: RE: access agreement The contact person for Freese and Nichols is: John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 ,�l freese.com Ken Griffin, P. E., CFM Director of Engineering &Public Works 972- 304 -3686 k "Marsh, Lila" <lmarsh @velaw.com> 11/30/2011 12:48 PM »> Clay and Bob, could you please send me the name and email address for the contact person for Freese and Nichols to be inserted into the Access Agreement? Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 ImarshC@-velaw.com 0 From: McInroe, Patrick [mai Ito: Patrick. Mcinroe@luminant.com] Sent: Wednesday,, November 30, 2011 12:07 PM To: Clay Phillips Cc: rhager @njdhs.com; Marsh,, Lila Subject: RE: access agreement Sure -it's essentially the agreement draft before the inclusion of any boring activity, just leaving in the visual inspection(s). Lila -you agree? Regards, PJ M From: Clay Phillips [ mailto:cphillips @coppelltx.gov] Sent: Wednesday,, November 30, 2011 12:08 PM To: McInroe, Patrick Cc: rhager @njdhs.com Subject: access agreement Patrick, Freese &Nichols would like to expedite their visual inspection of the property to begin any permitting processes that might be necessary to make any changes to the dam, spillway, etc... They are willing to hold off on the borings until a later date. Would this approach simplify the process to finalize the access agreement since no borings would be included in the initial agreement. Thanks! Clay Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, file: //C: \Documents and Settings \lhenderson \Local Settings\Temp\XPGrpWise\4ED63 EBB* 0 0 3/5/2012 Page 2 of 2 copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. <HTML > <BODY > <small > <HR> <b >Treasury Circular 230 Disclosure: < /b> To the extent this communication contains any statement regarding federal taxes, <br> that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding <br> federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party <br> any transaction or matter addressed herein. <br> <br> <b >CONFIDENTIALITY NOTICE: < /b> The information in this email may be confidential and /or privileged. This email is <br> intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an <br> authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying <br> of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this <br> email in error, please immediately notify the sender by return email and delete this email from your system. <br> <HR >< /small > < /body > < /html> flile: / /C: \Documents and Settings \lhenderson \Local Settings\Temp\XPGrpWise\4ED63 EBB* 3/5/2012 Page 1 of 3 Ken Griffin - RE:* F Access Agreement From: Ken Griffin To: John Rutledge Date: 11/30/20112:36 PM Subject: RE: FW: Access Agreement John We have asked Luminant to expedite the onsite visual inspection. They have indicated that it shouldn't be a problem. I provided your contact information to: Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 Imarsh @velaw.com She is making changes to the agreement. You maybe contacted by her. Ken Griffin >>> John Rutledge <JLR @freese.com> 11/29/2011 5:07 PM >>> This is the revised boring plan. We have moved Boring B -1 closer to the spillway road to avoid the irrigation line. We kept the original location of Boring B -2 after looking at the drawings. It appears we will miss the low flow outlet pipe by 100+ feet. The location of Borings B -3 and B -4 remains unchanged. We'll have to check on the insurance. They would be a sub to us, so there is at least some coverage through that. Would it be possible for us to get approval for the environmental inspection now and then continue with this stuff since the drilling will still be a while from now? We thought this would save time to get both, but this is really holding up what we're authorized to do. Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 jlr @freese.com kdin 9r[!IF Md file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED63F7B... 3/5/2012 Page 2 of 3 Fromm. Ken Griffin [mai Ito: kgriffi n@coppel ltx.gov] Sent: Tuesday., November 29., 20114:30 PM Too. John Rutledge Subject: Fwd: FW: Access Agreement John I know this is dragging on. It seems like everyday there is another request from Luminant. This is the latest. They are requesting the name and insurance information on the drilling subcontractor,, I was also copied on an email yesterday where they were requesting that the bore locations be revised. Given the latest requests, do you have any timetable on when the requested information will be provided to Luminant? Thanks, Ken Griffin >>> Robert Hager < 11/23/20112:13 PM >>> Fromm. Marsh, Lila Fmailto:lmarsh@velaw.comi Sent: Wednesday., November 23, 2011 11:34 AM Too. Robert Hager Cc: McInroe, Patrick Subject: Access Agreement Bob, Luminant is reviewing Freese & Nichol's proposal regarding the boring on the dam. I'd like to tie up as many loose ends as possible in the meantime. Could you please provide me the name of the subcontractor that Freese &Nichols proposes to use for the boring and ask the subcontractor to submit a certificate of insurance (naming Luminant as an additional insured) for Luminant's review and approval? Please let me know if you have any questions. Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 Imarsh @velaw.com Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED63F7B... 3/5/2012 Page 3 of 3 CONFIDENTIALITY NOTICE: The information in this email may be confidential and /or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You. Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED63F7B... 3/5/2012 Ken Griffin - R F Access Agreement From: John Rutledge <JLR9freese.com> To: Ken Griffin <kgriffingcoppe11tx.gov> Date: 11/30/20112:49 PM Subject: RE: FW: Access Agreement Hopefully that will work. I appreciate it Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 jlr @freese.com kdin 9r[!IF Md Fromm. Ken Griffin [mai Ito: kgriffi n@coppel Itx-gov] Sent: Wednesday., November 30, 2011 2:34 PM Too. John Rutledge Subject: RE: FW: John Access Agreement Page 1 of 3 We have asked Luminant to expedite the onsite visual inspection. They have indicated that it shouldn't be a problem. I provided your contact information to: Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 Imarsh @velaw.com She is making changes to the agreement. You maybe contacted by her. Ken Griffin >>> John Rutledge <JLR @freese.com> 11/29/2011 5:07 PM >>> This is the revised boring plan. We have moved Boring B -1 closer to the spillway road to avoid the irrigation line. We kept the original location of Boring B -2 after looking at the drawings. It appears we will miss the low flow outlet pipe by 100+ feet. The location of Borings B -3 and B -4 remains unchanged. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED64294C... 3/5/2012 Page 2 of 3 We'll have to check on the insurance. They would be a sub to us, so there is at least some coverage through that. Would it be possible for us to get approval for the environmental inspection now and then continue with this stuff since the drilling will still be a while from now? We thought this would save time to get both, but this is really holding up what we're authorized to do. Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 jlr @freese.com kdin !IF Md - M Fromm. Ken Griffin Fmalto:kgriffin @coppelltx.gov] Sent: Tuesday., November 29., 20114:30 PM Too. John Rutledge Subject: Fwd: FW: Access Agreement John I know this is dragging on. It seems like everyday there is another request from Luminant. This is the latest. They are requesting the name and insurance information on the drilling subcontractor,, I was also copied on an email yesterday where they were requesting that the bore locations be revised. Given the latest requests, do you have any timetable on when the requested information will be provided to Luminant? Thanks, Ken Griffin >>> Robert Hager < 11/23/20112:13 PM >>> Fromm. Marsh, Lila Fmailto:lmarsh@velaw.comi Sent: Wednesday., November 23, 2011 11:34 AM Too. Robert Hager Cc: McInroe, Patrick Subject: Access Agreement Bob, Luminant is reviewing Freese & Nichol's proposal regarding the boring on the dam. I'd like to tie up as many loose ends as possible in the meantime. Could you please provide me the name of the subcontractor that file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED64294C... 3/5/2012 Page 3 of 3 Freese &Nichols proposes to use for the boring and ask the subcontractor to submit a certificate of insurance (naming Luminant as an additional insured) for Luminant's review and approval? Please let me know if you have any questions. Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 Imarsh @velaw.com Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and /or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You. Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED64294C... 3/5/2012 Page 1 of 2 Ken Griffin - RE: access agreement From: "Marsh, Lila" <lmarsh @ velaw.com> To: "Ken Griffin" <kgriffin @ coppelltx.gov> Date: 11/30/20112:51 PM Subject: RE: access agreement Thank you very much, Ken! Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 ImarshC@-velaw.com 0 From: Ken Griffin [maiIto:kgriffin@coppelltx.gov] Sent: Wednesday, November 30, 20112:34 PM To: Marsh, Lila Subject: RE: access agreement The contact person for Freese and Nichols is: John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 jlr @freese.com Ken Griffin, P. E., CFM Director of Engineering &Public Works 972 - 304 -3686 k "Marsh, Lila" <lmarsh @velaw.com> 11/30/2011 12:48 PM »> Clay and Bob, could you please send me the name and email address for the contact person for Freese and Nichols to be inserted into the Access Agreement? Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 ImarshC@-velaw.com 0 From: McInroe, Patrick [mai Ito: Patrick. Mcinroe@luminant.com] Sent: Wednesday,, November 30, 2011 12:07 PM To: Clay Phillips Cc: rhager @njdhs.com; Marsh,, Lila Subject: RE: access agreement Sure -it's essentially the agreement draft before the inclusion of any boring activity, just leaving in the visual inspection(s). Lila -you agree? Regards, PJ M From: Clay Phillips [mailto:cphillips@coppelltx.gov] Sent: Wednesday,, November 30, 2011 12:08 PM fil .//C.\Doc m nts and S ffings\lhenderson\Local Settings\Temp\XPGrrpWise\4ED642ED... 3/5/2012 Page 2 of 2 To: McInroe, Patrick Cc: rhager @njdhs.com Subject: access agreement Patrick, Freese &Nichols would like to expedite their visual inspection of the property to begin any permitting processes that might be necessary to make any changes to the dam, spillway, etc... They are willing to hold off on the borings until a later date. Would this approach simplify the process to finalize the access agreement since no borings would be included in the initial agreement. Thanks! Clay Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. <HTML > <BODY > <small > <HR> <b >Treasury Circular 230 Disclosure: < /b> To the extent this communication contains any statement regarding federal taxes, <br> that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding <br> federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party <br> any transaction or matter addressed herein. <br> <br> <b >CONFIDENTIALITY NOTICE: < /b> The information in this email may be confidential and /or privileged. This email is <br> intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an <br> authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying <br> of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this <br> email in error, please immediately notify the sender by return email and delete this email from your system. <br> <HR >< /small > < /body > < /html> <HTML > <BODY > <small > <HR> <b >Treasury Circular 230 Disclosure: < /b> To the extent this communication contains any statement regarding federal taxes, <br> that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding <br> federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party <br> any transaction or matter addressed herein. <br> <br> <b >CONFIDENTIALITY NOTICE: < /b> The information in this email may be confidential and /or privileged. This email is <br> intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an <br> authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying <br> of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this <br> email in error, please immediately notify the sender by return email and delete this email from your system. <br> <HR >< /small >< /body > < /html> file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4ED642ED... 3/5/2012 Page 1 of 3 Ken Griffin - RE: Access Agreement, Phase II From: Ken Griffin To: Lila Marsh Date: 2/14/2012 8:52 AM Subject: RE: Access Agreement, Phase II CC: Bill Walker; Clay Phillips; John Rutledge Ms. Marsh Freese and Nichols has completed their visual inspection of the Luminant property and are currently finalizing their report. The completed report should be provided to Vinson and Elkins L.L.P., per section 3 of the Access Agreement, in the next few days. To keep the project moving forward, there are two critical path items that the City of Coppell need to get moving forward on. One is the second phase of the access agreement and the other is written approval from Luminant to discuss this project with other agencies as noted in section 4 of the Access Agreement. In regards to the second phase of the Access Agreement, we have previously provided all information concerning the location and type of borings to be performed onsite. If any additional information is needed please let me or John Rutledge, of Freese and Nichols, know. Our goal is to expedite the second phase of the agreement such that we can schedule the contractor to access the site for borings in the first part of March. Regarding the Luminant approval, I'm unsure if you will advise them on allowing us to talk to other agencies or if we should contact Luminant directly. Section 3 states that we should not provide information to Luminant. However, section 4 c states that we should provide a "Disclosure Request" to Luminant prior to talking to other agencies. Part of the "Disclosure Request" will be the report that has been prepared from the site visit, which section 3 instructs us not to submit to Luminant. In order to expedite this project, please let me know the actual process we should follow and we will comply. Thanks for your help, Ken Griffin, P.E. Director of Engineering and Public Works »> "Marsh, Lila" <lmarsh @velaw.com> 11/30/20112:48 PM »> Thank you very much, Ken! Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 ImarshC@-velaw.com 0 From: Ken Griffin [maiIto:kgriffin@coppelltx.gov] Sent: Wednesday, November 30, 20112:34 PM To: Marsh, Lila Subject: RE: access agreement The contact person for Freese and Nichols is: John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 i l freese.com Ken Griffin, P. E., CFM Director of Engineering &Public Works 972 - 304 -3686 file: //C: \Documents and Settings \lhenderson \Local Settings\Temp\XPGrpWise\4F3A2OD4C... 3/5/2012 Page 2 of 3 kgriffingcoppelltx.gov>>> "Marsh, Lila" <lmarsh @velaw.com> 11/30/2011 12:48 PM »> Clay and Bob, could you please send me the name and email address for the contact person for Freese and Nichols to be inserted into the Access Agreement? Lila C. Marsh Counsel Vinson & Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 ImarshC@-velaw.com 0 From: McInroe, Patrick [mai Ito: Patrick. Mcinroe@luminant.com] Sent: Wednesday,, November 30, 2011 12:07 PM To: Clay Phillips Cc: rhager @njdhs.com; Marsh,, Lila Subject: RE: access agreement Sure -it's essentially the agreement draft before the inclusion of any boring activity, just leaving in the visual inspection(s). Lila -you agree? Regards, PJ M From: Clay Phillips [ mailto:cphillips @coppelltx.gov] Sent: Wednesday,, November 30, 2011 12:08 PM To: McInroe, Patrick Cc: rhager @njdhs.com Subject: access agreement Patrick, Freese &Nichols would like to expedite their visual inspection of the property to begin any permitting processes that might be necessary to make any changes to the dam, spillway, etc... They are willing to hold off on the borings until a later date. Would this approach simplify the process to finalize the access agreement since no borings would be included in the initial agreement. Thanks! Clay Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. <HTML > <BODY > <small > <HR> <b >Treasury Circular 230 Disclosure: < /b> To the extent this communication contains any statement regarding federal taxes, <br> that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding <br> federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party <br> any transaction or matter addressed herein. <br> <br> <b >CONFIDENTIALITY NOTICE: < /b> The information in this email may be confidential and /or privileged. This email is <br> intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an <br> authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying <br> of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this <br> email in error, please immediately notify the sender by return email and delete this email from your system. <br> <HR >< /small > < /body > < /html> <HTML > <BODY > <small > <HR> <b >Treasury Circular 230 Disclosure: < /b> To the extent this communication contains any statement regarding federal taxes, <br> that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding <br> federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party <br> any transaction or matter addressed herein. <br> <br> <b >CONFIDENTIALITY NOTICE: < /b> The information in this email may be confidential and /or privileged. This email is <br> file: //C: \Documents and Settings \lhenderson \Local Settings\Temp\XPGrpWise\4F3A2OD4C... 3/5/2012 Page 3 of 3 intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an <br> authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying <br> of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this <br> email in error, please immediately notify the sender by return email and delete this email from your system. <br> <HR >< /small > < /body > < /html> file: //C: \Documents and Settings \lhenderson \Local Settings\Temp\XPGrpWise\4F3A2OD4C... 3/5/2012 Page 1 of 1 Ken Griffin - Drilling on Northlake From: Ken Griffin To: John Rutledge Date: 2/14/2012 4:22 PM Subject: Drilling on Northlake John, the following is an excerpt from an email between Patrick McInroe and Clay Phillips today. This may have already been resolved, but if not, we need to provide a revised map to Luminant so we can keep the agreement moving forward. Thanks ken g "I understand Freese Nichols may want to bore some holes by the dam /spillway. Our dam engineers looked at the initial & ti pro posed bore locaons found 2 or 3 of them would damage some unez d rround pipes /infrastructure. They communicated that to John Rutledge at FN lastfall & we never heard back. We will need to discuss that with FN in order h f or then to move on to the next pase of their study. It would help ifRutledge couldjust call Milton Vr1a at Lum inant. They've known each otherfor decades & should be able to resolve that quickly. Lots going on at the site! Regards', Patrick McInroe " file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F3A8A7C... 3/5/2012 (3/5/2012) Ken Griffin - FW: North Lake Dam - Boring Location Plan Page 1 From: John Rutledge <JLR @freese.com> To: "Ken Griffin (kgriffin@coppelltx.gov) If <kgriffin @coppelltx.gov> Date: 2/14/2012 5:25 PM Subject: FW: North Lake Dam - Boring Location Plan Attachments: Boring Location Plan.pdf; imageOO1.gif This attachment was sent to you on 11/29 and is the result of a conversation with Milton. If you pull that back up, you'll notice I copied what Tony sent to Milton. I will forward you Milton's email so you'll have the full email chain. In hindsight, I guess we should have copied the same folks Milton did. Do you want us to send it all on or will you want to reply since it came through Clay? Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817- 735 -7284 jlr @freese.com [cid: imageOO 1.g if@O 1 CCAE9E. DA8273FO] From: Tony Bosecker Sent: Tuesday, November 29, 2011 1:58 PM To: VrIa, Milton (Milton.Vrla @luminant.com) Cc: John Rutledge Subject: North Lake Dam - Boring Location Plan Milton, I have revised the boring location plan (see attached for your review) based on the drawings we received. We have moved Boring B -1 closer to the spillway road to avoid the irrigation line. We kept the original location of Boring B -2 after looking at the drawings. It appears we will miss the low flow outlet pipe by 100+ feet. The location of Borings B -3 and B -4 remains unchanged. If you have any questions, please let us know. Thanks, Tony Bosecker, P.E. Geotechnical Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 -4895 817 -735 -7387 office 817 - 917 -9370 mobile 817 -735 -7483 fax www.freese-com<http://www.freese.com> [cid: imageOO 1.g if@O 1 CCAE9E. DA8273FO] Please consider the environment before printing this message. (3/5/2012) Ken Griffin - FW: North Lake Dam - Boring Location Plan Page 2 This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. (3/5/2012) Ken Griffin - FW: North Lake Access Agreement with Coppell Page 1 From: Mallory McKee <mmckee @njdhs.com> To: "'kgriffin@coppelltx.gov Date: 2/16/2012 1:10 PM Subject: FW: North Lake Access Agreement with Coppell Attachments: G- 147459.pdf; Main Dam Irrigation System Layout-pdf; 1999 NL Dam Spillway Geotech Investigation 27Mayl999. Per Bob's request, please see email below. He tried to forward this message earlier, but the email got returned. Mallory McKee Legal Assistant to Robert E. Hager Nichols, Jackson, Dillard Hager &Smith, LLP 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214 - 965 -9900 Main 214 - 665 -3322 Direct Dial 214 - 665 -3353 Direct Fax 214 - 965 -0010 Fax * *Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. - - - -- Original Message - - - -- From: Robert Hager Sent: Thursday, February 16, 2012 12:44 PM To: 'kgriffin @coppeltx.gov' Cc: 'cphillips @coppelltx.gov' Subject: FW: North Lake Access Agreement with Coppell Here is my lastest instructions from Luminet's lawyers. Bob - - - -- Original Message - - - -- From: Marsh, Lila [maiIto:Imarsh@velaw.com] Sent: Thursday, February 16, 2012 10:56 AM To: Robert Hager Cc: Martin, Paul; McInroe, Patrick; Ray, Kyle Subject: North Lake Access Agreement with Coppell Good Morning, Bob, I hope this finds you well. In response to Ken Griffin's request, I am including herewith an email chain between Milton VrIa (Luminant's dam engineer) and John Rutledge concerning Freese &Nichols' proposed boring locations. Luminant cannot approve Mr. Griffin's request for access to the dam for boring until F &N submits proposed alternate sites to Mr. VrIa for his review and approval, as requested by Mr. VrIa on November 23, 2011. I believe that this has been communicated by Pat McInroe to Mr. Phillips and F &N. (3/5/2012) Ken Griffin - FW: North Lake Access Agreement with Coppell Page 2 FYI, Ken Griffin sent F &N's report to Luminant as part of the City's disclosure request before F &N sent me a copy to review and approve. Could you please remind your client and F &N that they should not send any reports to Luminant until I have reviewed the report and Luminant has approved distribution to them in writing? I understand they are anxious to move forward (as is Luminant), but we do need for the city to respect Luminant's internal process and their agreement terms. Best regards, Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 1marsh@velaw.com - - - -- Original Message - - - -- From: VrIa, Milton Sent: Wednesday, November 23, 2011 8:18 PM To: John L. Rutledge, P.E. Cc: McInroe, Patrick; Diermann, Scott; Bagley, Terry Subject: FW: North Lake John, I have reviewed your proposed boring location plan and need to advise you of underground facilities at your Station 0 +00 /Boring B -1 and Station 2 +00/ Boring B -2. At these locations you may encounter a 6 inch PVC irrigation line which is currently serving the saddle dam. Boring B -2 may also encounter the abandoned 18 inch cast iron low flow outlet pipeline. I recommend you review the attached drawings and relocate these borings a safe distance from these underground facilities. I have also attached a geotechnical investigation conducted for reconditioning of the spillway chute in 1999. The correctness of the information within this document or use of the document information is at your own risk. It may however be useful in determining whether or not fewer or more borings are necessary for your proposed design. It is probably noteworthy to advise you that the area below the main dam roughly from the toe of the dam to the Luminant property fence has been identified as potential wetlands and possibly subject to COE 404 rules. Call me upon your return from the Thanksgiving Holidays and we can discuss other drawings which may be available in our files to insure the project is a success. Milton 214.875.8231 Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and /or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that (3/5/2012) Ken Griffin - FW: North Lake Access Agreement with Coppell Page 3 any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You. Page 1 of 2 Ken Griffin - F North Lake Boring From: Robert Hager <Rhagergnjdhs.com> To: "'kgriffin @coppelltx.gov "' <kgriffingcoppe11tx.9ov> Date: 2/20/2012 11:22 AM S FW: North Lake Boring Ken FYI i • • Fromm. Marsh, Lila [mai Ito: I marsh@velaw-com] Sent: Monday, February 20, 2012 10:46 AM Too. John Rutledge Cc: Robert Hager; McInroe, Patrick; White., Kirk; Ray., Kyle Subject: North Lake Boring John, I'm writing to remind you that Luminant needs the following information to consider your request to approve the proposed boring at Northlake: 1. Specific information regarding work to be done (i.e. depth of boring, manner of filling holes). Please provide in written form so that I can add this information as an exhibit to the Access Agreement once the proposed work has been approved; and 2. Identity of the contractor to perform the work and a copy of the contractor's insurance certificate. Please remember that the contractor will need to be added as a party to the Access Agreement. Please let me know if you have any questions. Best regards, Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 Imarsh @velaw.com file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F422CEOC... 3/5/2012 Page 2 of 2 Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and /or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F422CEOC... 3/5/2012 Page 1 of 3 Ken Griffin - R North Lake Boring ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... F "Marsh, Lila" Qmarsh @velaw.com> To: "John Rutledge" <JLR9freese.com> Date: 2/20/2012 12:19 PM Subject: RE: North Lake Boring CC: "Robert Hager NJDHS" <rhagergnjdhs.com>, "McInroe, Patrick" <Patrick.Mci... Thank you John. Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 Imarsh @velaw.com Fromm. John Rutledge [mailto:JLR@freese-com] Sent: Monday, February 20, 2012 11:36 AM Too. Marsh, Lila Cc: Robert Hager NJDHS; McInroe, Patrick; White., Kirk; Ray, Kyle; Ken Griffin (kgriffin @coppelltx.gov) Subject: RE: North Lake Boring Attached is the description, the boring plan and the insurance certificate for Texplor. We will get them to sign the access agreement once you've provided it Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817 -735 -7284 jlr @freese.com kdin !IF Md Fromm. Marsh, Lila [mai Ito: I marsh@velaw.coml Sent: Monday., February 20, 2012 10:46 AM Too. John Rutledge fil .//C.\Doc m nts and S ffings\lhenderson\Local Settings\Temp\XPGrrpWise\4F423A58C 3/5/2012 Page 2 of 3 Cc: Robert Hager NJDHS; McInroe, Patrick; White., Kirk; Ray., Kyle Subject: North Lake Boring John, I'm writing to remind you that Luminant needs the following information to consider your request to approve the proposed boring at Northlake: 1. Specific information regarding work to be done (i.e. depth of boring, manner of filling holes). Please provide in written form so that I can add this information as an exhibit to the Access Agreement once the proposed work has been approved; and 2. Identity of the contractor to perform the work and a copy of the contractor's insurance certificate. Please remember that the contractor will need to be added as a party to the Access Agreement. Please let me know if you have any questions. Best regards, Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 Imarsh @velaw.com Treasury Circular 230 Disclosure: To the extent this communication contains any statement regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that may be imposed on that person, or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: The information in this email may be confidential and /or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F423A58C... 3/5/2012 Page 3 of 3 Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F423A58C... 3/5/2012 Page 1 of 2 Ken Griffin -North Lake From: Ken Griffin To: Imarsh@velaw.com Date: 2/16/2012 5:42 PM Subject: North Lake CC: Clay Phillips; John Rutledge; Mallory McKee; Robert Hager NJDHS Attachments: Boring Location Plan.pdf Ms. Marsh Attached is the revised boring locations sent to Mr. Vr1a on November 29, 2011 in response to Mr. VrIa's November 23, 2011 email requesting the relocation of several bores. I'm unsure if Mr. Vr1a responded to the revised locations. I apologize for sending the "Report" to Luminant with the "Disclosure Request ". I was operating from section 4 of the Access Agreement which requires me to request from Luminant the right to talk to other agencies. Section 3 of the Access Agreement requires that I submit the "Report" to Luminant's counsel prior to sending it to Luminant. It was a mistake to attach the report to my "Disclosure Request" to Luminant. We are anxious to move forward, but not at the expense of non-compliance with the Access Agreement. I will wait to proceed with any additional work on this project until I receive notification from you that we can proceed with our "Disclosure Request ". Please let me know if you need any additional information or clarification from me at this time. Thanks for your help in moving this process forward. Ken Griffin, P. E. Director of Engineering and Public Works From: Tony Bosecker Sent: Tuesday, November 29, 2011 1:58 PM To: Vria, Milton (Milton.Vrla @luminant.com) Cc: John Rutledge Subject: North Lake Dam - Boring Location Plan Milton, I have revised the boring location plan (see attached for your review) based on the drawings we received. We have moved Boring B -1 closer to the spillway road to avoid the irrigation line. We kept the original location of Boring B -2 after looking at the drawings. It appears we will miss the low flow outlet pipe by 100+ feet. The location of Borings B -3 and B -4 remains unchanged. If you have any questions, please let us know. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F3D3FFFC... 3/5/2012 Page 2 of 2 Thanks, Tony Bosecker, P.E. Geotechnical Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 -4895 817 -735 -7387 office 817 - 917 -9370 mobile 817 -735 -7483 fax w [cid:imageOOI.gif@OICCAE9E.DA8273FO] Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F3D3FFFC... 3/5/2012 Page 1 of 2 Ken Griffin - RE: North Lake From: "Marsh, Lila" <lmarsh @ velaw.com> To: "Ken Griffin" <kgriffin @ coppelltx.gov> Date: 2/16/2012 5:49 PM Subject: RE: North Lake CC: "Clay Phillips" <CPffiLLIPS @coppelltx.gov >, "John Rutledge" <JLR @freese.c... Thanks, Ken, and no worries. I will ask Pat McInroe follow up with Milton on the proposed boring locations, and I know that Pat is reviewing your disclosure request. We will get back with you soon! Best regards, Lila C. Marsh Counsel Vinson &Elkins LLP Trammell Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 -2975 Tel +1.214.220.7730 I marsh (a')-velaw.com From: Ken Griffin [maiIto:kgriffin@coppelltx.gov] Sent: Thursday, February 16, 2012 5:42 PM To: Marsh, Lila Cc: Clay Phillips; John Rutledge; mmckee @njdhs.com; Robert Hager NJDHS Subject: North Lake Ms. Marsh Attached is the revised boring locations sent to Mr. Vrla on November 29, 2011 in response to Mr. Vrla's November 23, 2011 email requesting the relocation of several bores. I'm unsure if Mr. Vrla responded to the revised locations. I apologize for sending the "Report" to Luminant with the "Disclosure Request ". I was operating from section 4 of the Access Agreement which requires me to request from Luminant the right to talk to other agencies. Section 3 of the Access Agreement requires that I submit the "Report" to Luminant's counsel prior to sending it to Luminant. It was a mistake to attach the report to my "Disclosure Request" to Luminant. We are anxious to move forward, but not at the expense of non-compliance with the Access Agreement. I will wait to proceed with any additional work on this project until I receive notification from you that we can proceed with our "Disclosure Request ". Please let me know if you need any additional information or clarification from me at this time. Thanks for your help in moving this process forward. Ken Griffin, P. E. Director of Engineering and Public Works From: Tony Bosecker Sent: Tuesday, November 29, 2011 1:58 PM To: Vrla, Milton (Milton.Vrla @luminant.com) Cc: John Rutledge Subject: North Lake Dam - Boring Location Plan Milton, I have revised the boring location plan (see attached for your review) based on the drawings we received. We have moved Boring B -1 closer to the spillway road to avoid the irrigation line. We kept the original location of Boring B -2 after looking at the drawings. It appears we will miss the low flow outlet pipe by 100+ feet. The location of Borings B -3 and B -4 remains unchanged. If you have any questions, please let us know. Thanks, file: //C: \Documents and Settings \lhenderson \Local Settings \Temp\XPgrpwise \4F3D4196C... 3/27/2012 Page 2 of 2 Tony Bosecker, P.E. Geotechnical Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 -4895 817 -735 -7387 office 817 -917 -9370 mobile 817 -735 -7483 fax www. freese .com <http: / /www.freese.com> [cid:imageOOI.gif@OICCAE9E.DA8273FO] Please consider the environment before printing this message. This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. 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