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Denton Co Levee-CS 8510281'au111opkins, Chairman Ralph Roming, CommlSSl John 0. I Iouchins, Corm TEXAS WAITER COMMISSION Larry R. Soward, Executive Director Mary Ann Hefner, Chief Clerk rmer - / James K. Rourke, Jr., General Counsel Oc Mr. James i Koehn Attorney t Law 1220 Co ,Ybrado, Suite 200 Austi TX 78701 Re: D NTON COUNTY R . -0239 ber 28, 1985 EVEE IMPROVEMENT DISTRICT NO. 1, Dear. Mr. Ko hn: Enclosed are certified copies of Commission Order dated October 28, 1985, approving an Engineering Report as the Plan of Reclamation and Approving Preliminary Plans for a Reclamation Project of DEN ON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 (FE-0239), the details being more. fully set out therein. Please advise if we m y be of further assistance. Very truly yours, TEXAS WATER COMMISSION c Mary Ann4refner Chief Clerk MATT: pm Enclosure cc /with enc! See atl 1' _osure: :ached listing n Box 13087 Capitol Station Tyr MKS , Austin,'r,xas 78711 • 7z --2,4//-3791 Page 2 Mr. James I1. oehn October 28, 1 85 cc /with enclo ures: Denton C unty LID No. l c/o Jay . Terry 2001 Bryan Tower, Suite 750 Dallas, TX 75201 Mr. Lawrence W. Jackson Attorney at Law 1800 Lincoln Plaza 500 North Akard Dallas, TX 75201 (for Ci y of Coppell) Mr. Rob, Attorne, 1300 Ca 919 Con Austin, (for Un rt Wilson at Law itol Center ress Avenue TX 78701 'vest Development) Ms. Els a Edwards Route 1 Box 180 Carroll on, TX 75006 Ms. Net ie Long Route 1 Box 190 Carroll on, TX 75006 Mr. Orl n Parish Route 1 Box 185A Carroll on, TX 75006 Ir. Leo and Wiley V Route 1 Box 183 Carroll on, TX 75006 Mr Jac Cox, PIA, TWC Mr. . Lar y Persky, TWC AN lo- OMMISSION g rM A 19� D TEXAS WA ED C PR 8�3 CITY MANAGER approving an E gineering Report as the Plan of Reclamation and Approving Preliminary Plans for a Reclamation Project of Denton County Levee Improvem nt District No. 1 (RE -0239) On the 23rd day of Octo er, 1985, the Texas Water Commis- sion considered the application of Denton County Levee Im- provement District No. 1 for approval of an engineering report as its Pan of Reclamation and for approval of preliminary plans for a reclamation project on and adjacent to Denton Creek in Denton and Dallas Counties, Texas. A public hearing was held on August 28, 1985, before a Commission Hearings Examiner. Parties designated at the hearing were: Denton County Levee Improvement District No. 1 (District l, as applicant; the Executive Director and Public Interest Advocate of the Texas Department of Water Resources; the City of Coppell; Un vest Development Company; and Ms. Elsie Edwards, Ms. Nettie Long, Mr. Orlan Parish, and Mr. Leonard Wiley, as protes ants. After considering the Examiner's Proposal for Decision and pleadings and evidence submitted relative to this matter, the Commission makes the following Findings of Fact and Conclusions of Law: FI 1. The applicant ha Commission through its pred ment of Water Resources, report p epared by Dannenb+ approved as the District's nary plans for a project to imately__560 acres within Denton Creek in Denton and 1 2. Notice of the app in the Oalla weeks, cn July 30 and A 3S OF FACT submitted to the Texas Water ;essor agency, the Texas Depart - 3th an April, 1985 engineering m Engineering Corporation to be lan of Reclamation, and prelimi- rovide for reclamation of approx- ie District on and adjacent to llas Counties, Texas. .cation and hearing was published once a week for two consecutive lust 7, 1985, with the second Publication being at least 20 Dallas Morning News is a new Denton and Dallas Counties, constructi n is located and potential �mpact. I- days prior to the hearing. The paper of general circulation in Cexas, the counties wherein the .n which the project would have 3. Notice was sent by first -class mail on July 29, 1985, to known property owners within the area to be affected by the pr ject, and to concerned federal, state and local officials. Notice was sent by first -class mail on July 30, 1985 to remaining known interested parties. 4. The proposed project is located within the bound- aries of the 938.337 -acre District, which is located within the corporate limits of ane approximately four miles from downtown Lewisville, Texas. The District is bounded on the south by Denton Creek, on the west by Denton Tap Road, and on the northeast by Interstate Highway 35E. The north and east boundaries follow existing pr perty lines. 5. The proposed project includes construction of a flood control channel along Denton Creek from near Denton Tap Road to the eastern end of the project; a levee about 9,000 feet long consisting of about 170,000 cubic yards of dirt and varying in height from five to eleven feet; placement of earth fill from the channel and interior drainage lake to a level at least two feet above the 1Q0-year flood level; an interior drainage ake to capture water behind the levee; a 300,000 gpm capacity pump station to move water from the interior lake into Dent n Creek; and modification of a bridge on Denton Tap Road to a large the opening. 6. Plans for the proposed project are adequate and in conformity with sound engine ring principles. 7. There is no disce nible incompatibility with exist- ing hydraulic and hydrologic conditions. 8. The proposed project will cause no additional flooding or adversely affect. life and property or the rights of third parties. 2 i 9. The proposed proje ct will reclaim land within an area presently designated as "floodway" by the Federal Emer- gency Management Agency (F ). The proposed channel improve- ments wil compensate for en roachment into the floodway, and readjustm nt of the floodwa limits according to FEMA regu- lations will be justified. 10. The proposed project will allow reclamation of approximately 560 acres within the District, will benefit landowners south of Denton Creek and outside of the District in the upstream portion of the project area, and will not be detrimental to any landowners outside of the District. 11. The proposed project will allow sufficient ordinary flows to remain in the old channel of Denton Creek to sustain local fish and other population in the stream. Streamside vegetation will not be harmed and only a small amount of such vegetatioi within the District will be removed during con- struction The proposed project will not promote the growth of mosquito population in the area. 12. Ordinary flows within Denton Creek are primarily affected by controlled releases from Lake Grapevine and contributions from the watershed between Lake Grapevine and the proje t area. The proposed project will not affect either of these aonditions. 13. The depth of water within Denton Creek in low -flow conditions is primarily a factor of backwater effects from Carrollton Dam, which is located downstream of the project area. The proposed project is designed so as not to affect the depth of water in the ex sting channel. 14. A series of small diversion dams would assure that ordinary flows continue in the existing channel. Applicant proposes, but has not included in its engineering report or preliminary plans, the installation of such weirs if necessary to protect low flows. Sound engineering principles allow for observation of actual condi ions and construction, if neces- sary, in response to such �onditions. Applicant proposes. to 3 monitor flow conditions fo� approximately one year after completion of the project to determine if installation of weirs is necessary. 15. he proposed project will not significantly increase the 100 -velar water surface levels within or upstream from the project area. 16. The Executive Dire for recommends approval of the engineering report as the District's Plan of Reclamation. 17. Construction of the project will commence within six months from the date of issua ce of this Order. 18. Completion of the project will occur within two years from the date of issuance of this Order. CONCLUSIONS OF LAW 1. Applicant seeks approval of its engineering report as its Plan of Reclamation nder 557.156 of the Texas Water Code and ill T.A.C.5315.36. 2. Applicant seeks ap roval of preliminary plans under 516.236 of the Texas Watex Code and 31 T.A.C. SS315.37, 315.38, alkd 315.51- 315.63. 3. The Commission ha� jurisdiction under Texas Water Code SS57.156 and 16.236 to consider the application and the Proposal for Decision and o approve both the engineering report as a Plan of Reclamation and the project plans of the applicant 4. The applicant's engineering report and preliminary plans a Rules o agency, t approved. in compliance with the Texas Water Code and the the Texas Water C mmission and of its predecessor ie Texas Department of Water Resources, and should be NOW, THEREFORE, BE IT 0 2DERED BY THE TEXAS WATER COMMIS- SION THAT: 1. The engineering report submitted by Denton County Levee Improvement District. No. 1, prepared by Dannenbaum Engineering Corporation and dated April, 1985, be approved 4 subject to all requirements �f law and the Rules of the Texas Water CoMnission. 2. The preliminary pans submitted by Denton County Levee improvement District No. 1 for a reclamation project be approved subject to all requirements of law and the Rules of the Texas Water Commission''' (including submission of final plans and specifications to the Executive Director of the Texas Water Commission). 3. Applicant commencellconstruction within six months of the date of issuance of thisl,lOrder. 4. Applicant complet4 construction within two years of the date of issuance of this Order. 5. In conjunction wit Finding of Fact No. 14, one year after completion of construction, the District shall submit a written report to the Texa Water Commission evaluating the performance (including flow) of structures during low flows. I This rep rt will analyze th effect, if any, of the diversion of water between the two c�hannels and will propose remedial action, if any, necessary t correct observed problems. This report shall be furnished to the parties to this hearing. 6. The exceptions of Univest Corporation filed October 7, 1985, are hereby,loverruled. The Chief Clerk of the11 Commission is directed to forward a certified copy of this Omer to all parties. Signed this 28th day�lof October , 1985. TEXAS WATER COMMISSION /s/ Paul Hopkins Paul Hopkins, Chairman /s/ Ralph Roming Ralph Rom ng, Comm ss oner ATTEST: /s/ /s/ John O. Houchins John O. Houc ins, Commissioner Ann Hefner jl lefner, Chief Cle+�k- 5 THE STATE OF TEXAS X COUNTY OF TRAVIS j I, MARY ANN HEFNER. Chic Clerk of the Texas Water Commission, do hereby certify''Ithat the attached and foregoing is a true and correl t copy of an Order of the Commission. the original of which is filed in the permanent records of the Comm ssion. GIVE UNDER MY HAND AND 131E SEAL OF THE TEXAS WATER CONMISSIO . this the 28th day of October , 1985. SEAL -MARY A Co" i e e r k Texas Water mmission