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DR1101-CS120216 Page 1 of 2 Ken Griffin - Disclosure Request to contact the Corps of Engineers From:Ken Griffin To:patrick.mcinroe@luminant.com 2/16/2012 8:34 AM Date: Subject:Disclosure Request to contact the Corps of Engineers CC:Clay Phillips; John Rutledge; Robert Hager NJDHS Attachments:North Lake - Pre-application Meeting Request 2-14-12.pdf; image001.gif Patrick We have completed our visual inspection around the dam area on the Northlake property. To keep the project moving forward, our next task is to contact the Corps of Engineers (COE). Per section 4(d) of the Access Agreement, we need to provide a "Disclosure Request" to Luminant. Section 12 designates you as the Luminant contact. Attached is the request and needed information that the city desires to provide to the COE in anticipation of scheduling a meeting with the COE to discuss the project. This email hopefully will serve as our "Disclosure Request". If Luminant has a formal request form or needs any additional information to make a decision on this request, please let me know at your earliest convenience so we can keep moving forward. Thank you for your consideration of this request. Ken Griffin, P.E. Director of Engineering and Public Works >>> 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:image001.gif@01CCEBE6.3AC116C0] Please consider the environment before printing this message. ________________________________ file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPGrpWise\4F3CBF7D...3/5/2012 Page 2 of 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. file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPGrpWise\4F3CBF7D...3/5/2012 Page 1 of 2 Ken Griffin - Fwd: Northlake: Disclosure Request to contact the Corps of Engineers From: Robert Hager <Rhager@njdhs.com> To: Ken Griffin <KGRIFFIN@coppelltx.gov> Date: 2/23/2012 8:56 AM Subject: Fwd: Northlake: Disclosure Request to contact the Corps of Engineers Attachments: North Lake - Pre-application Meeting Request 2-14-12.pdf; ATT00001..htm Sent from my iPad Begin forwarded message: From: "Marsh, Lila" <lmarsh@velaw.com> To: "Robert Hager" <Rhager@njdhs.com> Cc: "McInroe, Patrick" <Patrick.Mcinroe@luminant.com>, "Martin, Paul" <pmartin@velaw.com>, "'White, Kirk'" <Kirk.White@txu.com>, "Ray, Kyle" <William.Ray@luminant.com> Subject:Northlake: Disclosure Request to contact the Corps of Engineers Bob, Luminant has reviewed the attached Pre-Application Meeting Request (the "Request") and has approved transmittal of the Request in the form attached hereto to the Army Corps of Engineers ("COE") and one meeting with the COE to discuss the subject matter of the Request, subject to the following modifications and conditions: 1. Please list Luminant in the REMARKS section of the transmittal page as an attendee; and 2. A representative of Luminant must attend the meeting with the COE. Please send me suggested meeting times and I will coordinate setting this meeting with Luminant. Except as expressly provided above, nothing contained in this email shall be construed as a waiver or a satisfaction of any term or condition of the Access Agreement or a consent by Luminant to any action, disclosure or communication. 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 lmarsh@velaw.com<blocked::mailto:lmarsh@velaw.com> From: Ken Griffin [mailto:kgriffin@coppelltx.gov] Sent: Thursday, February 16, 2012 8:34 AM To: McInroe, Patrick Cc: Clay Phillips; John Rutledge; Robert Hager NJDHS Subject: Disclosure Request to contact the Corps of Engineers Patrick We have completed our visual inspection around the dam area on the Northlake property. To keep the project moving forward, our next task is to contact the Corps of Engineers (COE). Per section 4(d) of the Access Agreement, we need to provide a "Disclosure Request" to Luminant. Section 12 designates you as the Luminant contact. Attached is the request and needed information that the city desires to provide to the COE in anticipation of scheduling a meeting with the COE to discuss the project. This email hopefully will serve as our "Disclosure Request". If Luminant has a formal request form or needs any additional information to make a decision on this request, please let me know at your earliest convenience so we can keep moving forward. Thank you for your consideration of this request. Ken Griffin, P.E. Director of Engineering and Public Works John Rutledge <JLR@freese.com<mailto:JLR@freese.com>> 2/15/2012 2:20 PM >>> file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPGrpWise\4F45FF3CC...3/5/2012 Page 2 of 2 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<mailto:jlr@freese.com> [cid:image001.gif@01CCEBE6.3AC116C0] 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 notify the sender immediately by reply message and delete this email message and any attachments from your system. ___________________________________________________________________________________<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\4F45FF3CC...3/5/2012 Page 1 of 2 Ken Griffin - RE: Disclosure Request to contact the Corps of Engineers From: "McInroe, Patrick" <Patrick.Mcinroe@luminant.com> To: Ken Griffin <kgriffin@coppelltx.gov>, Clay Phillips <CPHILLIPS@coppelltx... Date: 2/17/2012 10:48 AM Subject: RE: Disclosure Request to contact the Corps of Engineers CC: "Ray, Kyle" <William.Ray@luminant.com> Ken / Clay – our dam engineers forgot to tell me they received a modified boring plan from FN back in November. They are looking at that, & have indicated it shouldn’t be a problem but need our Gas Plant GM to ok it first. Now that I know Luminant has the revised boring locations, I have asked our GPGM to expedite his approval & I would expect it no later than mid next week along with his ok to discuss the jurisdictional review with the USACOE. Clay – at the same time, V&E is busy drafting the initial PSA for the dam/spillway + ~30 acres we have been discussing for a few months. I may have that draft to send over next week, or the week after at the latest, & we can begin discussing how to put this situation to rest – finally! Pls hand in there a little bit longer – we are finally progressing! Regards, PJM From: Ken Griffin [mailto:kgriffin@coppelltx.gov] Sent: Thursday, February 16, 2012 8:34 AM To: McInroe, Patrick Cc: Clay Phillips; John Rutledge; Robert Hager NJDHS Subject: Disclosure Request to contact the Corps of Engineers Patrick We have completed our visual inspection around the dam area on the Northlake property. To keep the project moving forward, our next task is to contact the Corps of Engineers (COE). Per section 4(d) of the Access Agreement, we need to provide a "Disclosure Request" to Luminant. Section 12 designates you as the Luminant contact. Attached is the request and needed information that the city desires to provide to the COE in anticipation of scheduling a meeting with the COE to discuss the project. This email hopefully will serve as our "Disclosure Request". If Luminant has a formal request form or needs any additional information to make a decision on this request, please let me know at your earliest convenience so we can keep moving forward. file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPGrpWise\4F3E307BC...3/5/2012 Page 2 of 2 Thank you for your consideration of this request. Ken Griffin, P.E. Director of Engineering and Public Works >>> 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:image001.gif@01CCEBE6.3AC116C0] 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 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\4F3E307BC...3/5/2012 Page 1 of 2 Ken Griffin - Fwd: Northlake: Disclosure Request to contact the Corps of Engineers From:Ken Griffin To:John Rutledge Date:2/23/2012 9:55 AM Subject:Fwd: Northlake: Disclosure Request to contact the Corps of Engineers Attachments:North Lake - Pre-application Meeting Request 2-14-12.pdf; ATT00001..htm John Looks like we are making some progress. Can you make the necessary change so the packet can be forwarded back to Ms. Marsh for final approval? Thanks Ken Griffin >>> Robert Hager <Rhager@njdhs.com> 2/23/2012 8:50 AM >>> Sent from my iPad Begin forwarded message: From: "Marsh, Lila" <lmarsh@velaw.com> To: "Robert Hager" <Rhager@njdhs.com> Cc: "McInroe, Patrick" <Patrick.Mcinroe@luminant.com>, "Martin, Paul" <pmartin@velaw.com>, "'White, Kirk'" <Kirk.White@txu.com>, "Ray, Kyle" <William.Ray@luminant.com> Subject:Northlake: Disclosure Request to contact the Corps of Engineers Bob, Luminant has reviewed the attached Pre-Application Meeting Request (the "Request") and has approved transmittal of the Request in the form attached hereto to the Army Corps of Engineers ("COE") and one meeting with the COE to discuss the subject matter of the Request, subject to the following modifications and conditions: 1. Please list Luminant in the REMARKS section of the transmittal page as an attendee; and 2. A representative of Luminant must attend the meeting with the COE. Please send me suggested meeting times and I will coordinate setting this meeting with Luminant. Except as expressly provided above, nothing contained in this email shall be construed as a waiver or a satisfaction of any term or condition of the Access Agreement or a consent by Luminant to any action, disclosure or communication. 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 lmarsh@velaw.com<blocked::mailto:lmarsh@velaw.com> From: Ken Griffin [mailto:kgriffin@coppelltx.gov] Sent: Thursday, February 16, 2012 8:34 AM To: McInroe, Patrick Cc: Clay Phillips; John Rutledge; Robert Hager NJDHS Subject: Disclosure Request to contact the Corps of Engineers Patrick We have completed our visual inspection around the dam area on the Northlake property. To keep the project moving forward, our next task is to contact the Corps of Engineers (COE). Per section 4(d) of the Access Agreement, we need to provide a "Disclosure Request" to Luminant. Section 12 designates you as the Luminant contact. Attached is the request and needed information that the city desires to provide to the COE in anticipation of scheduling a meeting with the COE to discuss the project. This email hopefully will serve as our "Disclosure Request". If Luminant has a formal request form or needs any additional information to make a decision on this request, please let me know at your earliest convenience so we can keep moving file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPGrpWise\4F460D11C...3/5/2012 Page 2 of 2 forward. Thank you for your consideration of this request. Ken Griffin, P.E. Director of Engineering and Public Works John Rutledge <JLR@freese.com<mailto: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<mailto:jlr@freese.com> [cid:image001.gif@01CCEBE6.3AC116C0] 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 notify the sender immediately by reply message and delete this email message and any attachments from your system. ___________________________________________________________________________________<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\4F460D11C...3/5/2012 Page 1 of 2 Ken Griffin - RE: FW: Coppell From: John Rutledge <JLR@freese.com> To: Ken Griffin <kgriffin@coppelltx.gov> Date: 2/16/2012 10:31 AM Subject: RE: FW: Coppell That is the same as my understanding – now that I went back and read it – thanks again for the reminder. Your sending the disclosure request is fine and we will send it off to the Corps as soon as we hear from either you or Luminant. 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 From: Ken Griffin [mailto:kgriffin@coppelltx.gov] Sent: Thursday, February 16, 2012 8:19 AM To: John Rutledge 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@luminant.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. file://C:\Documents and Settings\lhenderson\Local Settings\Temp\XPGrpWise\4F3CDAF7...3/5/2012 Page 2 of 2 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:image001.gif@01CCEBE6.3AC116C0] 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\4F3CDAF7...3/5/2012