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NL Cypress-CS120110 (3/5/2012) Ken Griffin - FW: Cypress Waters MeetingPage 1 From: John Rutledge <JLR@freese.com> To: "Ken Griffin (kgriffin@coppelltx.gov)" <kgriffin@coppelltx.gov> Date: 1/10/2012 2:02 PM Subject: FW: Cypress Waters Meeting Attachments: image001.gif; 063973002 Lake Dry-Wet Acreage Exhibit-20110328.pdf; cypress schedule 2.pdf You're free to call in as you wish, if available. I'll call in either way and let you know what happens, but I have nothing to really add to their information. It ought to be a helpful update for us. Have you heard anything form Luminant since we sent in those signed contracts? 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:image001.gif@01CCCF9C.8FDDB020] From: ROY.WILSHIRE@kimley-horn.com [mailto:ROY.WILSHIRE@kimley-horn.com] Sent: Tuesday, January 10, 2012 1:44 PM To: John Rutledge Cc: brad.moss@kimley-horn.com; Steve.Galloway@kimley-horn.com; larry.clendenen@kimley-horn.com Subject: RE: Cypress Waters Meeting John: I agree. A conference call today might be the best approach. I have set up a conference call number - 1-866-726-6516, code 251 535 6652 for us to use. We'll be standing by at 4:00 pm. Attached are some exhibits that we can use to talk from. The first shows the different configurations of the lake - (1) where the edge of water will be at elevation 490, (2) the current deed line of the lake as defined by the Coppell - Billingsley agreement, and (3) a generally preferred lake edge configuration. On the second exhibit, we have taken a "stab" at a preliminary schedule for our work to define the lake edge and your work to modify the spillway. The third item on the schedule is a Phase II of Cypress Waters development that has a goal of starting construction in early November 2013. We have also shown schedule items we need to address with regard to an irrigation plan that would use raw water to irrigate all of the Cypress Waters project. Roy Roy L. Wilshire, P.E., LEED AP Kimley-Horn and Associates, Inc.(F-928) 12700 Park Central Drive Suite 1800 Dallas, Texas 75251 972-770-1300 972-239-3820 (fax) 214-914-1193 (cell) (3/5/2012) Ken Griffin - FW: Cypress Waters MeetingPage 2 From: John Rutledge [mailto:JLR@freese.com]<mailto:[mailto:JLR@freese.com]> Sent: Tuesday, January 10, 2012 10:20 AM To: Wilshire, Roy Subject: RE: Cypress Waters Meeting 4:00 is fine with me. Though you're certainly welcome here, a conference call would seem to be a better use of folks' time. 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<mailto:jlr@freese.com> [cid:image001.gif@01CCCF9C.8FDDB020] From: ROY.WILSHIRE@kimley-horn.com<mailto:ROY.WILSHIRE@kimley-horn.com> [mailto:ROY.WILSHIRE@kimley-horn.com]<mailto:[mailto:ROY.WILSHIRE@kimley-horn.com]> Sent: Monday, January 09, 2012 10:53 AM To: John Rutledge Subject: RE: Cypress Waters Meeting John: Would late in the afternoon tomorrow work for you - say at 4:00 pm - your office? Our group would just be Steve Galloway, Brad Moss and me. Roy From: John Rutledge [mailto:JLR@freese.com]<mailto:[mailto:JLR@freese.com]> Sent: Friday, January 06, 2012 5:29 PM To: Wilshire, Roy Cc: kgriffin@coppelltx.gov<mailto:kgriffin@coppelltx.gov>; Moss, Brad; BWalker@Billingsleyco.com<mailto:BWalker@Billingsleyco.com> Subject: RE: Cypress Waters Meeting Next Tuesday would be a good time for me, essentially any time during the day. We're still on hold waiting for Luminant's approval to access the site for our review of permitting issues. 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<mailto:jlr@freese.com> [cid:image001.gif@01CCCF9C.8FDDB020] From: ROY.WILSHIRE@kimley-horn.com<mailto:ROY.WILSHIRE@kimley-horn.com> (3/5/2012) Ken Griffin - FW: Cypress Waters MeetingPage 3 [mailto:ROY.WILSHIRE@kimley-horn.com]<mailto:[mailto:ROY.WILSHIRE@kimley-horn.com]> Sent: Wednesday, January 04, 2012 10:45 AM To: John Rutledge Cc: kgriffin@coppelltx.gov<mailto:kgriffin@coppelltx.gov>; brad.moss@kimley-horn.com<mailto:brad.moss@kimley-horn.com>; BWalker@Billingsleyco.com<mailto:BWalker@Billingsleyco.com> Subject: RE: Cypress Waters Meeting John: Thanks for your response. With Phase I of Cypress Waters now under construction, we are beginning to plan for the next phase of the development. Billingsley's business model is built around the delivery of residential projects on a two year cycle. Lucy's goal is to have Phase II under construction in November 2013 - on property that is now within the boundary of the existing lake. Accomplishing that goal depends on gaining all the required regulatory approvals, performing the necessary spillway and lake edge modifications, and permanently lowering the water surface of the revised lake. I know that you have made progress on developing the plan for revising the spillway. From our side, we need to develop and process a plan to create the new lake edge, which in some areas will require excavation, and in other cases filling areas that would still be inundated at the new 490 surface elevation. We know there will need to be FEMA, TCEQ, City of Dallas, and COE permits and approvals. To really get that process moving, we would like to meet with the Corps early next week, but want to make sure we have a coordinated approach in dealing with each of these agencies. We would like to have a quick conference call with you as soon as possible, followed by a meeting with the Corps early next week, just to make sure we are properly coordinated and not interfere with your discussions with the Corps. We are also trying to put together an overall schedule for both of our efforts to achieve the above Phase II development. Please let me know a convenient time today when we might call. Thanks! Roy Roy L. Wilshire, P.E., LEED AP Kimley-Horn and Associates, Inc.(F-928) 12700 Park Central Drive Suite 1800 Dallas, Texas 75251 972-770-1300 972-239-3820 (fax) 214-914-1193 (cell) From: John Rutledge [mailto:JLR@freese.com]<mailto:[mailto:JLR@freese.com]> Sent: Wednesday, January 04, 2012 8:22 AM To: Wilshire, Roy Cc: Ken Griffin (kgriffin@coppelltx.gov<mailto:kgriffin@coppelltx.gov>) Subject: RE: Cypress Waters Meeting I'm back in town and apologize for the slow response. I'd be glad to get an update on your status, but am not available this week. If you would prefer to simply email your status or needs from us, that's fine with me, if that makes it easier for you. We have been trying to make progress on the permitting issues associated with the lowering of the lake, but have had to work through a very long process with Luminant to get access. Hopefully, that may finally be coming to a close and we can resume our efforts. (3/5/2012) Ken Griffin - FW: Cypress Waters MeetingPage 4 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<mailto:jlr@freese.com> [cid:image001.gif@01CCCF9C.8FDDB020] From: ROY.WILSHIRE@kimley-horn.com<mailto:ROY.WILSHIRE@kimley-horn.com> [mailto:ROY.WILSHIRE@kimley-horn.com]<mailto:[mailto:ROY.WILSHIRE@kimley-horn.com]> Sent: Wednesday, December 28, 2011 11:12 AM To: John Rutledge Subject: Cypress Waters Meeting John: Would you have a time next week for a Cypress Waters coordination meeting? We can come to your office. Roy Roy L. Wilshire, P.E., LEED AP Kimley-Horn and Associates, Inc.(F-928) 12700 Park Central Drive Suite 1800 Dallas, Texas 75251 972-770-1300 972-239-3820 (fax) 214-914-1193 (cell) 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. DUNN, STACY 3/28/2011 11:41 AM LAST SAVED3/28/2011 11:40 AMDWG NAME: K:\DAL_SURVEY\63973002\DRAWINGS\EXHIBITS\063973002 LAKE DRY-WET ACREAGE EXHIBIT.DWG PLOTTED BY (3/5/2012) Ken Griffin - North lake accessPage 1 From: John Rutledge <JLR@freese.com> To: "Ken Griffin (kgriffin@coppelltx.gov)" <kgriffin@coppelltx.gov> Date: 1/11/2012 9:10 AM Subject: North lake access Attachments: image001.gif Did everything go as planned last night? Whenever you know the contact name for us to get through the gate, please let me know. Karl is going to try to set up their site visit next week. 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:image001.gif@01CCD040.48DEB120] 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. Page 1 of 1 Ken Griffin - Meeting Notes From:   <ROY.WILSHIRE@kimley-horn.com> To:   <JLR@freese.com> Date:   1/11/2012 5:00 PM Subject:   Meeting Notes CC:   <BWalker@Billingsleyco.com>, <cjordan@ccsb.com>, <LBillingsley@Billingsl... Attachments:120111 Meeting Notes - F&N Coordination.doc; 063973002 Lake Dry-Wet Acreage     Exhibit-20110328.pdf; cypress schedule 2.pdf   John:   Attached are some brief notes from our conference call yesterday.  The referenced exhibits are also attached.  Please let me know if I missed any points we discussed.   Roy   Roy L. Wilshire, P.E., LEED AP Kimley-Horn and Associates, Inc .(F-928) 12700 Park Central Drive                    Suite 1800                                            Dallas, Texas 75251                          972-770-1300 972-239-3820 (fax) 214-914-1193 (cell)     file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPGrpWise\4F0DC042C...3/5/2012 Memorandum To: Bill Walker, Billingsley Company From: Roy Wilshire, Kimley-Horn and Associates, Inc. Date: January 10, 2012 Subject: Spillway Modification and Lake Edge Coordination A conference call for coordination was held on January 10, 2012, between representatives of Kimley-Horn and Freese and Nichols to begin coordination between the firms involved in the modification of the spillway and lake edges for North Lake within the Cypress Waters development. Those in attendance included: Bill Walker, Billingsley Company John Rutledge – Freese and Nichols Brad Moss – Kimley-Horn Steve Galloway – Kimley-Horn Larry Clendenen – Kimley-Horn Roy Wilshire – Kimley-Horn Documents used in the discussion were: 1.The attached map showing the lake edge under various conditions – (1) as described by metes and bounds in ownership documents, (2) as expected when the water surface is lowered to elevation 490, and (3) a reconfigured lake boundary generally per the Cypress Waters master plan. 2.A preliminary schedule (attached) for actions needed to achieve a lowered lake. The following points were discussed and actions noted: 1.Freese and Nichols’ contact with the Corps of Engineers (COE) to this point has been limited to early informal discussions. 2.Freese and Nichols has been delayed in performing environmental studies and geotechnical investigations awaiting Luminant’s permission to enter the property. It was reported that the City has now been given that permission and John expects to get his environmental staff on-site to make those determinations – possibly within the month or early February. Following completion of those studies, John will set a meeting with COE to attempt to get agreement that (1) there is a new (lower) existing high water elevation due to the current fill pipe’s being used to control the water surface elevation, and (2) that there is minimal environmental impact caused by the revised spillway construction. 3.Based on an assumed positive reaction and agreement by the COE, John expects the design and approval process to be within the durations shown on the preliminary schedule. 4.The above is also based on treating the spillway modification as a separate project from the adjustment of the lake edge. 5.TCEQ approval of the spillway modifications is not expected to have a schedule impact since the proposed project significantly reduces downstream risks. 6.The Freese and Nichols consulting agreement with the City of Coppell currently authorizes the preparation of the North Lake Dam Spillway Modification report (completed) and environmental studies. Authorizations for preparing and processing other required permits (FEMA, City of Dallas, etc.), final design, and construction will be required in a timely manner to achieve the preliminary schedule. 7.Billingsley’s goal is to have construction completed on the spillway and portions of the lake edge so as to allow construction of Phase II of Cypress Waters to begin in November 2013, on a location within the current inundated lake area. Coordination among the parties will be required to accomplish the approval of required permits from multiple agencies. 8.Assuming that COE agrees that the spillway modification and lake edge work are two separate projects, Kimley-Horn will begin working with Billingsley to define the desired lake boundary and lake edge treatment, and prepare a plan for excavation and grading to accomplish that plan. This plan will determine the amount of material needed to accomplish that grading. Construction PS&E for this work will be provided by Billingsley. 9.In coordination with Freese and Nichols as noted in Item 6, the above plan will be used as the basis for preparation of a Conditional Letter of Map Revision (CLOMR) for submission to FEMA and a floodplain fill permit submittal with the City of Dallas, as well as coordination with TCEQ and COE for permits as required to excavate and fill in order to create the desired lake edge. 10.Assuming that off-site material will be needed for fill, Billingsley and Kimley- Horn will begin discussions with the LBJ Freeway contractor to explore the options for placing or temporarily stockpiling acceptable excess material from that project. Both the City of Coppell and CISD may find it beneficial and want to participate in this action.