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DR1101-CS120215(3/5/2012) Ken Griffin - FW: Connell Page 1 From: John Rutledge <JLR @freese.com> To: "Ken Griffin (kgriffin@coppelltx.gov) If <kgriffin @coppelltx.gov> Date: 2/15/2012 2:26 PM Subject: FW: Connell Attachments: North Lake -Pre - application Meeting Request 2- 14- 12.pdf; imageOO1.gif Attached is the pre - application meeting request that we are planning to send to the COE in order to set up a meeting with them to discuss the 404 issues at North Lake. Have you learned to whom at Luminant this should be sent to? Feel free to pass it on if you wish or let me know to whom it should be sent. 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 @01 CCEBE6.3AC1 16CO] 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. PROJECT: North Lake Conservation Pool Project DATE: TO: Stephen Brooks, Branch Chief COMPANY: Fort Worth District USACE (CESWF- PER -R) ADDRESS: P.O. Box 17300 Fort Worth, Texas 76102 -0300 PHONE NO.: (817) 886 -1731 FROM: Karl Hoffman CC: File: CPL11192/2.10; Ken Griffin, John Rutledge Innovative approaches Practical results Outstanding service February 15, 2012 WE ARE SENDING YOU THE FOLLOWING ITEMS: U.S. Army Corps of Engineers, Fort Worth District — Pre - Application Meeting Request Jurisdictional Determination Report for the Proposed North Lake Conservation Pool Project Attached under separate cover via: Delivery Service and Tracking No. Hand Delivery Email I Other THESE ITEMS ARE TRANSMITTED FOR YOUR: F_ Use F Approval F Records REMARKS: Dear Mr. Brooks, r Review and Comment F Distribution to Parties r Other: Information Response Please find attached a Pre - application Meeting Request form as well as a Jurisdictional Determination Report for the proposed North Lake Conservation Pool Project for your review. The City of Coppell and Freese and Nichols, Inc. would like to meet to discuss Clean Water Act - Section 404 permitting options for the proposed lowering of the North Lake Conservation Pool at your earliest convenience. Please feel free to contact me at kwh @freese.com or (817) 735 -7389 if you have any questions or require additional information. 4055 International Plaza, Suite 200 - Fort Worth, Texas 76109 - 817- 735 -7300 - fax 817 - 735 -7491 www.freese.com U.S. Army Corps of Engineers (USACE), Fort Worth District Pre - Application Meeting Request Box 1 Basic Project Information Date: Project Name: North Lake Conservation Pool Project February 15, 2012 City County State Dallas Dallas Texas Total Size of Property in Acres Latitude (NAD 83, DD.ddddd) 1 Longitude (NAD 83, - DD.ddddd) 823 32.942017 - 96.9788375 Box 2 Property Owner Name Email Luminant le.ray @luminant.com Mailing Address Phone 500 N. Akard Street 214 875 -8814 Box 3 Applicant Name Email Ken Griffin, City of Coppell coppelltx.gov Mailing Address Phone 255 East Parkway Blvd, Co ell, TX 75012 972 304 -3680 Box 4 Agent Name Email Karl Hoffman kwh @freese.com Mailing Address Phone 4055 International Plaza, Ste. 200, Fort Worth, Texas 76109 (817) 735 -7389 Box 5 Information Required to Accompany Request - check as much information as is available: Project Description: Provide a brief summary of the proposed project including development plans, size in acres, potential impacts to Waters of the U.S., existing land use /cover, etc.: ® See Box 5 Attachment and attached JD Report_. Project Purpose: ® Modify North Lake spillway elevation to 490 feet msl ® Accurate Location Maps (from County map, USGS Quad Sheet, Aerial Photos, etc.) ® Map of the Project Site ® Conceptual Site Plans for the Overall Development ® Approximate acreage of wetland impact: 0 acres. ® Approximate linear feet of stream impact: 0 linear feet. ® Impact Type: (e.g., Forested Wetland, Emergent Wetland, Intermittent Stream, etc.) open water ® Pre - Application Meeting Agenda Box 6 Optional Additional Information: Any information you can provide about the proposal, project site, and /or surrounding area will facilitate a more effective pre - application meeting. Additional information may include, but is not limited to: ® Delineation of the Waters of the U.S. on the Property or a Jurisdictional Determination from the USACE ❑ Threatened or Endangered Species Information, and /or Any Coordination With USFWS ❑ Historic Properties Cultural Resources Information, and /or Any Coordination With the SHPO ❑ Conceptual Mitigation Information ® Floodplain Information ® Color Photographs ® Aerial Photograph ❑ Other Authorizations Obtained or Required ❑ Other: The applicant will be responsible for taking meeting notes and submitting them to the USACE for review. Copies of this request may be obtained at: httR://www.swf.usace.army.mil/reciulato mail this form to: Regulatory Branch (CESWF- PER -R) Fort Worth District U.S. Army Corps of Engineers 819 Taylor Street, Room 3A37 P.O. Box 17300 Fort Worth, Texas 76102 -0300 Agenda North Fake Conservation Pool Project Fort Worth District USAGE Pre - Application Fleeting Request 1. Introductions ?. Project Description/Background 3. Conservation/Normal Pool elevation (OHWM) 4. Section 404 Permit Options North Lake Conservation Pool Project Fort Worth District USACE Pre - Application Meeting Request Box 5 Attachment: The City of Coppell (City) proposes to lower the normal conservation pool elevation of North Lake from 502 feet msl to 490 feet msl by modifying the original spillway. Luminant (formerly TXU) constructed the reservoir in 1956/1957 as a cooling water supply for their North Lake Steam Electric Station. While the original spillway was designed at 510 feet msl, the normal pool elevation has been re- established at 502 feet msl following decommission of the power plant in early 2010. For the past two years, water has been allowed to flow through an auxiliary water supply pump station outflow at the reservoir and an ordinary high water mark (OHWM) has become established at that elevation. The City is currently negotiating with the Luminant for purchase of the lake. Modification of the original spillway to lower it to 490 feet msl would involve excavation to 485 feet msl, below the 502 feet msl OHWM (Figures 1, 2, and 3, attached). Rock rip -rap would be placed outside the existing 502 feet msl OHWM for stabilization. The excavation would extend up the bank beyond the OHWM and a pipeline, extending across a portion of the earthen dam, would carry overflow to the existing spillway channel flume that discharges to the South Fork of Grapevine Creek, re- establishing flow to the stream. The earthen dam is vegetated and regularly maintained by mowing. Additional figures can be found in Appendix A of the attached Jurisdictional Determination Report. .7 i n ly IL E CL fU ru .2 ef y 3 4 F f H a 7 .ti yj ti J tN a Iy F � J ,n fin tl! e; N IS 1 N :e l ,4 r4 EXIST GRADE APPROX. EL 512.001 1 TEMPORARY EXCAVATION 1 MAY REOUIRED ADDITIONAL SHORING RIP RAP / To BE EXCAVATED AFTER COMPLETION OF REMINDER OF PROJECT EL a GRASS EL g I CV 14.00 16.00 I 10.00 1 12.00 I 10.00 16.00 + SECTION AT BOX CULVERT &5 1".20 CITY OF COPPELL r WICHOLS NORTH LAKE SPILLWAY MODIFICATION 4055 Inte—ti ... I Ploza, Suite 200 Fort Worth, Texas 76109 -4895 Phone — ( ( 817) 735 -7491 (817, 735 -7300 SECTION AT BOX CULVERT r FEB 2012 AS SHOWN pm MLP 2 FIGURE Jurisdictional Determination Report for the Proposed North Lake Conservation Pool Project Prepared by Freese and Nichols, Inc. for City of Coppell, Texas February, 2012 On January 24, 2012, Karl Hoffman and Michael Votaw of Freese and Nichols, Inc. (FNI) conducted a pedestrian survey North Lake, located in the City of Dallas, Dallas County, Texas, (Figure 1, Appendix A) with the objective of identifying waters of the U.S. as defined by U.S. Army Corps of Engineers (USACE) regulations (33 CFR Part 328.3) and related guidance. The information gathered from the site visit along with various other sources is presented below. Purpose: The City of Coppell (City) is submitting this Jurisdictional Determination (JD) report for a proposed lowering of the conservation pool elevation of North Lake. Applicant Name Ken Griffin, Director of Engineering and Public Works City of Coppell 255 East Parkway Blvd Coppell, TX 75012 Phone: (972) 304 -3686 Email: kgriffin @coppelltx.gov Methods: Approach A pedestrian survey was conducted at the North Lake dam, spillway, and accessible portions of the reservoir shoreline. Information related to the vegetation, hydrology, and wildlife were observed and noted. Desktop analysis was conducted for areas of the reservoir perimeter that were not accessible to pedestrian or windshield survey. Mapping A variety of sources were used to obtain information regarding waters of the U.S. relative to the existing conditions of North Lake including, the Natural Resources Conservation Service (MRCS, 2012) Web Soil Survey for Dallas County, Texas, United States Geological Survey (USGS) digitized versions of the 7.5 minute topographic maps, USGS National Hydrography Dataset (NHD), as well as a 2010 aerial photograph. The maps included in this report were created using ESRI ArcMap 9.3. Maps of the site are presented in Appendix A T: \ES \JD \Jurisdictional Determination Report for North Lake.docx Results: Vicinity Maps The proposed project area is shown on Figures 1 through 5 (Appendix A). The limits of investigation (LOI) for this JD report are shown on Figure 3 (2010 aerial photograph). Site Description North Lake, an impoundment of the South Fork of Grapevine Creek (SF Grapevine Creek), was constructed in 1956/1957 as a cooling reservoir for Dallas Power and Light Company's (currently Lumina's) North Lake Steam Electric Station. The stream was impounded via an earthen embankment dam (Photo 1) with a flume chute spillway (Photos 2 and 3) at 510 feet msl. A pump station, located on the Elm Fork Trinity River (Elm Fork), provided auxiliary water supply via an outfall at the reservoir at approximately 502.25 feet msl. The electric power plant was decommissioned in early 2010 and since that time the water supply outfall has served as the functional spillway (Photo 4), with lake water occasionally entering the auxiliary water outfall and flowing to the decommissioned pump station and into the Elm Fork. Surface elevation was at approximately 500.5 feet msl, below the newly established OHWM of about 502 feet msl (Photo 5), at the time of the site visit. Hydrologic characterization Streams: Most if not all of SF Grapevine Creek upstream of the North Lake dam was impounded within the original conservation pool at 510 feet msl (Figure 2). No jurisdictional waters of the U.S. were observed to flow into the reservoir. Three sources of storm water from business developments to the west of the reservoir flow into the lake via culverts under South Belt Line Road (Figure 3 and Photos 6, 7, and 8). No other water sources for the reservoir were observed. Wetlands: No wetlands were observed within the LOI. Open Water: One open water body, North Lake, was identified within the LOI (Figures 2 and 3). A USACE Preliminary Jurisdictional Determination Form was completed for this water body and is included in Appendix C. The reservoir originally had a surface area of approximately 823 acres, based on the 510 feet msl elevation of the original spillway, with a capacity of 16,718 acre feet. The current surface area, based on the functional spillway elevation of 502.25 feet msl, is approximately 627 acres with a capacity of about 10,842 acre feet. A new ordinary high water mark (OHWM) was observed at approximately 502 feet msl. The reservoir would be considered a water of the U.S. due to direct connectivity with SF Grapevine Creek, a tributary of Grapevine Creek. Grapevine Creek is a tributary of the Elm Fork Trinity River. The Trinity River is classified as a navigable water body under Section 10 of the Rivers and Harbors Act of 1899 from the point of intersection of Houston, Madison, and Walker counties upstream to Riverside Drive in Fort Worth, Tarrant County, Texas. As such, it T: \ES \JD \Jurisdictional Determination Report for North Lake.docx 2 was concluded that North Lake has direct connectivity with a traditional navigable water body. Thus, North Lake is a jurisdictional water of the U.S. as defined by USACE regulations. 100 -Fear Floodplain: The North Lake Conservation Pool is depicted as Zone A (areas with a I % annual chance of flooding and a 26% chance of flooding over the life of a 30 year mortgage. Because detailed analyses are not performed for such areas; no depths or base flood elevations are shown within these zones) by the Federal Emergency Management Agency's (FEMA's) Flood Insurance Rate Maps numbers 48113C0155 J and 48113C0165 J (FEMA, 2012) (Figure 5). Vegetative Characterization Vegetation on uplands around the reservoir includes honey mesquite (Prosopis glandulosa), salt cedar (Tamarix spp.), willow Baccharis (Baccharis salicifolia), Texas bluebonnet (Lupinus texensis), Bermudagrass (Cynodon dactylon), sunflower (Helianthus annuus), giant ragweed (Ambrosia trifida), Johnsongrass (Sorghum halepense), wild mustard (Brassica juncea), and common ragweed (A. artemisiifolia). Lowering of the surface elevation below the 502 feet msl OHWM was likely caused by recent drought conditions, and limited colonization of the exposed lakebed had occurred (Photo 5). However, beds of wetland vegetation were not observed. Soils Characterization The Natural Resources Conservation Service Web Soil Survey (MRCS, 2012) for Dallas County, Texas shows six soil map units within the LOI. A brief description of each soil map unit follows. Figure 4 shows the location of soil map units within the LOI. None of the mapped soils are classified as hydric in Dallas County by the NRCS. Burleson clay, 0 to I percent slopes. Burleson clay is a moderately well drained soil on terraces and formed from clayey alluvium from mixed sources of Pleistocene age. Ferris - Heiden complex, 5 to 12 percent slopes. The Ferris- Heiden complex is well drained soils found on ridges and consists of residuum weathered from calcareous shale (Eagleford shale and Taylor marl formations) of Cretaceous age. Heiden clay, 2 to 5 percent slopes, eroded. Heiden clay, eroded is well drained soil on ridges and is a clayey residuum weathered from clayey shale of Eagleford shale and/or Taylor marl. Wilson clay loam, 0 to I percent slopes. Wilson clay loam is moderately well drained soil on stream terraces consisting of clayey alluvium derived of mixed Quaternary age sources. Wilson clay loam, I to 3 percent slopes. See Wilson clay loam, above. Wilson -Urban land complex, 0 to 2 percent slopes. Wilson -Urban land complex soils are moderately well drained soils located on paleoterraces and derived of clayey alluvium from mixed quaternary age sources. T: \ES \JD \Jurisdictional Determination Report for North Lake.docx Site photographs Site photographs are presented in Appendix B. Aerial photog gphs Figure 3 (2010 Aerial Photograph) is located in Appendix A. Conclusions: The site investigation revealed that one jurisdictional, open water body, North Lake, exists within the LOI. No other potential jurisdictional waters of the U.S., including streams or wetlands, were observed within the LOI. References: NRCS Web Soil Survey. 2012. http : / /websoilsurvey.nres.usda.gov /app/ FEMA. 2012. Map Service Center. https: / /msc.fema.gov /webapp /wcs/ stores / servlet /FemaWelcomeView ?store1d =10001 &cat alogld =10001 &langld = -1 T: \ES \JD \Jurisdictional Determination Report for North Lake.docx 4 Appendix A — Figures T: \ES \JD \Jurisdictional Determination Report for North Lake.docx Flower IVIOUnd Lewisvill (123 DENTON COUNTY ----------------- DALLAS COUNTY TARRANT COUNTY ii Coppell North 11 721 j Lake - ca a �l North Lake Park 11A II , . I l i ' erjlafio�nal A (part Iry i ng a DALLAS Jf COUNTY Farmer§ Bebi6ch I I 1 11 \ I Dallas (9� Euless 161 12 M 0 0,5 1 2 61 Miles N PROJECT NO. CPL11 1 92 N CITY OF COPPELL ILE NAME Fig" m., F FREES E 'N W-91� E FIGURE JM&COORDINATE S S YSTE M � ICHOLS -m —.3.TP ETXNCENTRA-(FT) 4055 Int—b ... I Pl—, Suft, 200 NORTH LAKE JURISTDICTIONAL DETERMINATION DATE C F.,t W.dh, TX 76109-4895 1 JUNE 20111817-735 300 LOCATION MAP SCALE 1:95,000 PREPARED BY 3.1 ,, N PROJECT NO. CPL11192 �� NICHOLS 40551htema90 IPIa . Wle200 Fort W dh. TX 761094E95 817 -7 ti -71 A CITY OF COPPELL N — s FIGURE PILE NAME FoUR 2b EA-4 - 9 , + US 1:24K Topographic Quad: CARROLLTON, TX SCALE 1:20,000 REPARED BY I 6 Crap .� q sy 0 PSA R w i�9t TOwAt I N0RTH ,LAKE • � � 1 ;.ter- - 1 x x� • f pk Y L.- 1 f •� rat .f� E N6rth Lake. Fa � . � i�• 4 1 � 1 q {r� • 1 1 OAL I sAS r ��aa.. �. „may +.•_ f. • • HACKp, S+ l'1T1 �' lit I'ND V ' F7 c gC�"` 0 1,500 3,000 6,000 Feet - q y d �. ,, N PROJECT NO. CPL11192 �� NICHOLS 40551htema90 IPIa . Wle200 Fort W dh. TX 761094E95 817 -7 ti -71 A CITY OF COPPELL N — s FIGURE PILE NAME FoUR 2b EA-4 ATD M B COOR DI NATE SYSITT'pe N-0DB35TPWJET%N CENTRAL (FTJ _ NORTH LAKE JURISTDICTIONAL DETERMINATION ATE CREATED X N E 2011 US 1:24K Topographic Quad: CARROLLTON, TX SCALE 1:20,000 REPARED BY I IPlah,� - y � � �" � ' %�� .� �^,; ' •' # w ,i�' ss r p "i� A -''e•i - 'Si br ` Me� p 9'e . � +e' .lrOaye •e�1 � u g *S'� Tara» a w r w u 8Fen . ark- F glten .� Gored ow w �Meaa�} y a MM •° ti� 03 3 ytn9 � ,.. . R pakriro •+ ^ i a'A o � � 6� :lug :i y 'Rr Sand Rak r !{ � „r- i" + « �• �� = , �44�� _.� q #�� .�. �Ri' � � �y � � •Y ; � . Crane ' s d _ . i & c m n �^ i p , �, _ M1Raf1aR. ; r �stMF ~�' - �• l R �� - - e � {eg Ryreyy , u - - Belt -ne a r. �' � Norihlake - G '- i b Ra • �. fieRninyw,. � m 5nuthwesturn tl! c �+ • 1la11ey'Slista .. w v k K to �• u tR6ari n.a. 4 m p m ". Airline fl'" $a�i[hiny Rn � ►idge liEEstiie ..r;r t Gteek � a x rangier rntly.Hal - G m m 7- lam MT`.a • m 9 •� y+►�1f,1 n R c ® tr ®n b WLIA � • ' 6e tl Hac![6e7ry flU•. t • �agacy � w at 0 a l�y b o� Y 1 2 , 000 4 c m Feet 3g x p` CITY OF ••• R •' ' I I Lei ` • ISCALF N AIP T exas 2010 Aerial Photography 111 �6 ► 79 78 20 78 21 6 34 79 1 1 11 � _48 47 37 42 22 35 S1 59' �4 80 47 • „ e — 73 �8 , 41 42 43 72 79 34 34 41 42 S3 22 0 1 2,000 4,000 Feet Features Map Unit 37: Frio sury clay, frequently flooded Qss :okwn clay, rorqus mly neodea ®1 :Allege sity clay, 5 to 12 percent slopes, eroded ® 41 : Holden clay, 1 to 3 percent dopes 59: Sea91yifle ctoy, occasionally flooded ®11 :A Nil &W sandy bam, 114 3 percent slap's ® 42: Heidm. ley, 21.5 pereeol dopes, eroded ® 60: Silaws fine sandy loam,1 113 percent slopes ® 12: Aplydl fine Sandy loam, 210 5 pmed slope s,. redid ®43: Houston Black clay, 01. 1 percent slopes ® 61 : Silawe One sandy loam, 3 to B percent slopes I : a.&.. clay, 0 i T prated slopes ® 44: Houston Black clay, 1 la 3 pe rcenl slopes ® 62: Sllaws fine Sandy loam, 2 to B percent slopes, eroded 19 B.dr— clay. 11.3 p.rc.M .lopes ® 46: Lewlsvllla silty clay, 1 10 3 percent slopes O 71 : Sun- clay Iwm. a 1. B percerll Slopes 34 O 20: Crockep pole sandy Ipx m.0 b 1 percent Owes ® 47: Lew lwille sflty clay, 3 1 5 percent slopes ® 72: Trinity clay, ecca i—Ily flooded CM 21:Cmckelt the sandy loo m, I to 3 percent slopes ®46: LeWleville silty day, 5 to B percent slopes ®73: Trinity cloy, freque ntly flooded ® 22:'C rockcIS f e sell dy loo m.2 m 5 pSrceel slopes. eroded ® 49 : Lpw4syllk -Urban land temple., 0 1. 4 percent sop's ® 7S: Wily clay loo m.0 b I percent sNp.. ® 34: Ferd,H eldon complex, 51012 percent slopes ® 51 : Alebanit One sandy loam, 0 b I percent slopes ® 79 Wilson clay Ica m.1 in 3 pe.tteril slepey ® 35: FerrisU rban land cam pies, 5 to 12 percent slopes 52 MabarR floe sandy log M. l to 3 percent slopes ® 60: Wilson -Urban land complex, 0 to 2 percent sops ® 36: Fdo silly clay. occasionally flooded ® 53: Norman9 clay loam,1 10 3 percent slopes N PROJECTNO. E FIGURE CP N F ILE NAME .Map CITY OF COPPELL NM8C04RDINATE SYSTErA Oils Map Ir � NICHOLS _'' ,� NAOB3 STPWJETXNLENiRPl. (FO 405511tesna5enal PI.1..SUIle200 NORTH LAKE JURISTDICTIONAL DE I s TE CREATED Fort Worth, TX 761094895 JU I.E 2011611 -7 =5 -'1.00 -__ - SCALE REPARED BY SOILS MAP 1:20.000 JJL J .. 11 Al NE 7T `ZON A "A ZONE X E A NORTH' LAKE ZONE A Firm ftnel� 48113C0 - 155 A F;7'anel 48113C0 65 JI I 1 ti �; r �� r`� � � i cri 01 COPPELL CITY OF DALLAS 480171 480171) �Qg CITY CF LAS DAL CITY OF IRVIpIG CITY UF DALLAS 480171 ZONE X 0 1,500 3,000 6,000 Feet N PROJECT NO. OPLIM2 N FILE NAME CITY OF COPPELL Rg_ s-Fi_t .. 4mw SO V 'NICHOLS FREESE w E FIGURE —11 � &COORDINATE SYSTE NAD83 '� " P" N .1'." + unc�P13z3.5uite200 NORTH LAKE JURISTDICTIONAL DETERMINATION S IDATE CREATED Fort Worth, IX 76109-41595 5 J NE 2011 817-735-73oo Map Adlptld froM SCALE AREPARED BY Dallas County, Texas and Inrorporated Areas Flood Insurance Rate Map: Panels 155 and 1 1:20,000 I FEMA8/23/2001 ZONE X 2 �2_0_N_ X[ ONE '- ONE v ZOWF AE i of 70NE X CITY o]J DALLAS < ZONE A LIKE 'VORTH � . �_ � � �ti ZONE A•, I I d ZONE X_ ZONE X E A NORTH' LAKE ZONE A Firm ftnel� 48113C0 - 155 A F;7'anel 48113C0 65 JI I 1 ti �; r �� r`� � � i cri 01 COPPELL CITY OF DALLAS 480171 480171) �Qg CITY CF LAS DAL CITY OF IRVIpIG CITY UF DALLAS 480171 ZONE X 0 1,500 3,000 6,000 Feet N PROJECT NO. OPLIM2 N FILE NAME CITY OF COPPELL Rg_ s-Fi_t .. 4mw SO V 'NICHOLS FREESE w E FIGURE —11 � &COORDINATE SYSTE NAD83 '� " P" N .1'." + unc�P13z3.5uite200 NORTH LAKE JURISTDICTIONAL DETERMINATION S IDATE CREATED Fort Worth, IX 76109-41595 5 J NE 2011 817-735-73oo Map Adlptld froM SCALE AREPARED BY Dallas County, Texas and Inrorporated Areas Flood Insurance Rate Map: Panels 155 and 1 1:20,000 I FEMA8/23/2001 ZONE X 2 �2_0_N_ X[ ONE '- ONE v ZOWF AE i of 70NE X CITY o]J DALLAS < ZONE A LIKE 'VORTH � . �_ � � �ti Appendix B — Photographs T: \ES \JD \Jurisdictional Determination Report for North Lake.docx T: \ES \JD \Jurisdictional Determination Report for North Lake.docx 7 Photo 1. North view of the North Lake dam taken from the original spillway. Photo 2. Northeast view of the original North Lake spillway and flume chute. T: \ES \JD \Jurisdictional Determination Report for North Lake.docx Photo 3. North (downstream) view of North Lake spillway flume chute. Photo 4. East view of pump station outfall, currently serving as functional spillway at 502.25 feet msl. T: \ES \JD \Jurisdictional Determination Report for North Lake.docx Photo 5. North view of exposed lake bed on east shore of North Lake, below 502 feet msl OHWM. Photo 6. South view of storm water drainage along South Beltline Road. aw �� -k ~ i ± 7 � �� \. ,..� \ I T\ A] D] uAdicbna Determination Report for North Lkao2 -EW . -- »- �'s Poo 2 West(upstream) +cw of storm water drainage from business as is west of Noah Lake Photo 8 £m!(downstream) view o Sow water culvert to Noah Lake un d rSouth Re! Lin Road. Appendix C — Preliminary Jurisdictional Determination Form T: \ES \JD \Jurisdictional Determination Report for North Lake.docx 11 ATTACHMENT A REPORT COMPLETION DATE FOR PRELWINARY JURIS=T�OIMAL DE TERMIN A TION B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Ken Griffin, 255 East Parkway Blvd, Coppell, TX 75012 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: North Lake (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: TX County /parish /borough: Dallas City: Dallas Center coordinates of site ([at/long in degree decimal format): Lat. 32.942017 N, Long. 96.9788375'W. Universal Transverse Mercator: NAD 83 Name of nearest water body: North Lake /South Fork of Grapevine Creek Identify (estimate) amount of waters in the review area: Non - wetland waters: linear feet: width (ft) and /or 627 acres. Cowardin Class: Lacustrine Stream Flow: N/A Wetlands: 0 acres. Cowardin Class: N/A Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A Non - Tidal: N/A E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): January 24, 2012 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring " °pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 2 ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: JD Report: Figures 1 -5. ❑ Data sheets prepared /submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets /delineation report. ❑ Office does not concur with data sheets /delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:20,000 Carrolton, TX. ® USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey. 2012. http : / /websoilsurvey.nres.usda.gov /app /. ❑ National wetlands inventory map(s). Cite name: ❑ State /Local wetland inventory map(s): ® FEMA/FIRM maps: 48113CO155J and 48113C0165J. ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): JD Repot: Figure 3. or ® Other (Name & Date): JD Report: Photos 1 -8. ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Table 1. Waters of the U.S. Within Review Area (Limits of Invest! Site I Latitude I Longitude Cowardin Number Class 32.9420 1 96.97883° Lacustrine N VV Estimated Amount of Aquatic Resource in Review Area on Class of aquatic resource 627 acres Non- section 1 10—non-tidal Page 1 of 1 Ken Griffin - Re:* F Coppell From: Ken Griffin To: John Rutledge Date: 2/16/2012 8:18 AM Subject. Re: FW: Coppell John Per the original Access Agreement, that information can not be provided to the COE until we provide a "Disclosure Request" to Luminant and they authorize us to contact the COE. This is outlined in 4(d) of the agreement. Per section 12, the contact is Patrick. McInroe @Iuminant com. I can forward your email to Patrick and structure it as a Disclosure Request. Until Luminant authorizes us to proceed we can not forward this information to the COE. I'll copy you on my email. Ken Griffin >>> John Rutledge <JLR @freese.com> 2/15/2012 2:20 PM >>> Attached is the pre - application meeting request that we are planning to send to the COE in order to set up a meeting with them to discuss the 404 issues at North Lake. Have you learned to whom at Luminant this should be sent to? Feel free to pass it on if you wish or let me know to whom it should be sent. 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.gif@0 I CCEBE6.3AC 116C0] 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 ilin reance 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 \4F3CBBEC... 3/5/2012 (3/5/2012) Ken Griffin -North Lake COE Submittal Page 1 From: John Rutledge <JLR @freese.com> To: "Marsh, Lila" <Imarsh @velaw.com> CC: "Ken Griffin (k g riffin @coppelltx.gov)" <kgriffin @coppelltx.gov> Date: 2/27/2012 11:35 AM Subject: North Lake COE Submittal Attachments: North Lake Pre - meeting Application Request 2- 27- 12.pdf; imageOO1.gif Ms. Marsh, We have added Luminant to the list of folks to be at the meeting with the Corps and, per your request, we will work through you to accommodate that when we are setting up the meeting. Please confirm by reply that the attached is approved for submittal to the Corps in order to set up the requested pre - application meeting. 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 CCF542. FEA5BOEO] 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 2 Ken Griffin - RE: North Lake COE Submittal From: "Marsh, Lila" <lmarsh @velaw.com> To: "John Rutledge" <JLR @freese.com> Date: 2/27/2012 12:05 PM Subject: RE: North Lake COE Submittal CC: "Ken Griffin (kgriffingcoppelltx.gov)" <kgriffin @coppelltx.gov> Thank you. You may send this to the COE. 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: John Rutledge [mai Ito:] LR@freese.com] Sent: Monday,, February 27, 2012 11:54 AM To: Marsh, Lila Cc: Ken Griffin (kgriffin @coppelltx.gov) Subject: RE: North Lake COE Submittal That was the only change 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 a r Nwomd tephov �d r��i■■1 From: Marsh, Lila [mai Ito: Imarsh@velaw.com] Sent: Monday, February 27, 2012 11:41 AM To: John Rutledge Cc: Ken Griffin (kgriffin @coppelltx.gov) Subject: RE: North Lake COE Submittal John, could you either send a redlined document, or confirm that the only revision you made was the addition of "a representative from Luminant" in the second and third line of the first paragraph of "Remarks" on the first page? 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 file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F4B718AC... 3/5/2012 Page 2 of 2 From: John Rutledge [ m] Sent: Monday,, February 27, 2012 11:29 AM To: Marsh, Lila Cc: Ken Griffin (kqriffin@coppelltx.gov) Subject: North Lake COE Submittal Ms. Marsh, We have added Luminant to the list of folks to be at the meeting with the Corps and, per your request, we will work through you to accommodate that when we are setting up the meeting. Please confirm by reply that the attached is approved for submittal to the Corps in order to set up the requested pre - application meeting. 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 a r Nwomd deoftov �■rd r�ii■■1 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. <HTML > <BODY ><sm al l > <HR> 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. <HR >< /body > < /html> <HTML > <BODY > <HR> 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. <HR > < /body > < /html> file: //C: \Documents and Settings \lhenderson \Local Settings \Temp \XPGrpWise \4F4B718AC... 3/5/2012 (3/5/2012) Ken Griffin - FW: North Lake COE Submittal Page 1 From: John Rutledge <JLR @freese.com> To: "Ken Griffin (kgriffin@coppelltx.gov) If <kgriffin @coppelltx.gov> Date: 2/27/2012 1:42 PM Subject: FW: North Lake COE Submittal Attachments: imageOO1.gif; North Lake Pre - meeting Application Request 2- 27- 12.pdf As approved by Luminant, this will be delivered to the Corps this afternoon and we will follow up on trying to get the meeting set up. 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 @01 CCF553.EE5FACCO] From: Karl Hoffman Sent: Monday, February 27, 2012 1:34 PM To: John Rutledge Subject: RE: North Lake COE Submittal John, They only give a mailing address (the Federal Building) for submittal on the request form. In the interest of speed, I'll hand deliver it there this afternoon. Can you pass on the final version (attached) to Ken Griffin? Thanks! KWH From: John Rutledge Sent: Monday, February 27, 2012 12:06 PM To: Karl Hoffman Subject: FW: North Lake COE Submittal Go ahead. Actually, can you send a pdf with the original in the mail, or do they need to hardcopy to react? Whatever gets the meeting set up the quickest. Let me know what dates might work and I'll coordinate with the City and Luminant. 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:image001.gif @01 CCF553.EE5FACCO] From: Marsh, Lila [mai Ito: I marsh @velaw. com]< mai Ito: [mai Ito: I marsh @velaw. com] > Sent: Monday, February 27, 2012 12:00 PM (3/5/2012) Ken Griffin - FW: North Lake COE Submittal Page 2 To: John Rutledge Cc: Ken Griffin (kg riffi n @coppel ltx.gov<mai Ito: kg riffi n @coppel ltx.gov>) Subject: RE: North Lake COE Submittal Thank you. You may send this to the COE. 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: l marsh @velaw.com> From: John Rutledge [mai Ito: J LR@freese. com]<mai Ito: [mai Ito: J LR@freese - com]> Sent: Monday, February 27, 2012 11:54 AM To: Marsh, Lila Cc: Ken Griffin (kg riffi n @coppel ltx.gov<mai Ito: kg riffi n @coppel ltx.gov>) Subject: RE: North Lake COE Submittal That was the only change 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:image001.gif @01 CCF553.EE5FACCO] From: Marsh, Lila [mai Ito: I marsh @velaw. com]< mai Ito: [mai Ito: I marsh @velaw. com] > Sent: Monday, February 27, 2012 11:41 AM To: John Rutledge Cc: Ken Griffin (kg riffi n @coppel ltx.gov<mai Ito: kg riffi n @coppel ltx.gov>) Subject: RE: North Lake COE Submittal John, could you either send a redlined document, or confirm that the only revision you made was the addition of "a representative from Luminant" in the second and third line of the first paragraph of "Remarks" on the first page? 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: l marsh @velaw.com> (3/5/2012) Ken Griffin - FW: North Lake COE Submittal Page 3 From: John Rutledge [mai Ito: J LR@freese. com]<mai Ito: [mai Ito: J LR@freese - com]> Sent: Monday, February 27, 2012 11:29 AM To: Marsh, Lila Cc: Ken Griffin (kg riffi n @coppel ltx.gov<mai Ito: kg riffi n @coppel ltx.gov>) Subject: North Lake COE Submittal Ms. Marsh, We have added Luminant to the list of folks to be at the meeting with the Corps and, per your request, we will work through you to accommodate that when we are setting up the meeting. Please confirm by reply that the attached is approved for submittal to the Corps in order to set up the requested pre - application meeting. 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:image001.gif @01 CCF553.EE5FACCO] 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. HTML > <BODY > <HR> 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. <HR >< /body > < /html> (3/5/2012) Ken Griffin - FW: North Lake COE Submittal Page 4 HTML > <BODY > <HR> 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. <HR >< /body > < /html>