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NL Cypress-CS120110Memorandum 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.